Buyer Added text based ATC clauses General Terms and Condition DEFINITION & INTERPRETATIONS 1) DEFINITIONS: In the contract (as hereinafter defined) the following words, definitions and expressi ons shall have the meanings hereby assigned to them. Except where the context otherwise requires. 2) Approved means approved in writing, including subsequent written confirmation of previous verba l approval and “approval” means approval in writing including as aforesaid. 3) The "COMPANY" shall mean MOIL Limited. Incorporated in India, having its registered office at MOI L BHAWAN, 1-A, KATOL ROAD, NAGPUR - 440013 and hereinafter referred to as MOIL. 4) "THE CHAIRMAN CUM MANAGING DIRECTOR": shall mean the Chairman & Managing Director of M OIL, or his successors in office, as designated by the Company. 5) "THE CONTRACTOR" shall mean the person, Firm or Company whose tender has been accepted b y the Company and includes the Contractor's legal representative, his heirs, successors and assignees. 6) "EXCAVATION" shall mean and include all works to be executed in accordance with the contract a nd shall include all activities such as site preparation, loading & transportation, and unloading at spe cified locations in the waste dumps. 7) "CONTRACT" shall mean the agreement between the Company and the Contractor for the executi on of the works included therein, all documents such as the invitation to tender, instructions to tend erers, general conditions of the contract, time schedules of completion of jobs, drawings, awarding t he work etc. 8) Contract price means the sum named in the tender that has been accepted, subject to suc h additions thereto or deductions there from as may be made under the provisions of the co ntract. 9) "CONTRACT DOCUMENT" shall mean collectively the tender documents designs, drawings, specifi cations and any other documents constituting the tender. 10) "TEMPORARY WORK" shall mean all temporary works of every kind required in or about the execut ion, completion or maintenance of the works. 11) "SPECIFICATIONS" shall mean all directions, written or verbal by the authorized representative of MOIL, various technical specifications, provisions and requirements uploaded to the contract. 12) "PLANS" shall mean and include all maps, sketches, layout and section as are incorporated in the c ontract in order to define broadly the scope and specifications of the work or works and all reproduct ions thereof. 13) "SITE" shall mean the lands and other places on, under, in or through which the works are to be ex ecuted or carried out and any other lands or places provided by the Company for the purpose of con tract. 14) "NOTICE IN WRITING OR WRITTEN NOTICE" shall mean a Notice in written, typed or printed charac ters sent to the registered office of the addressee/ or through e-mail and shall be deemed to have b een received in the ordinary course of post by which it would have been delivered. 15) "THE COMPLETION CERTIFICATE" shall mean the certificate to be issued by the designated HOD of the respective department or his nominee, when the works have been completed to his satisfaction. 16) "THE APPOINTING AUTHORITY" for the purpose of arbitration shall be the Chairman and Managing Director or any other person so designated by him. 17) "THE ACCEPTING AUTHORITY" shall mean the Chairman cum Managing Director of MOIL Limited or his authorized representative. 18) "LETTER OF INTENT" shall mean intimation by a letter to renderer that the tender has been accept ed in accordance with the provisions contained in the letter. 19) "MINE MANAGER" shall mean DGM(Mines)/AGM (Mines) / Chief Manager (Mines) / Sr. Manager (Min es) etc., designated and authorized to work as a Mine Manager of the respective mine, in terms of th e Mines Act. 20) "WORK / WORKS" shall mean the works to be executed, in accordance with the Contract and shall i nclude all extra or additional, altered or substituted works, as required, for the performance of the C ontract. 21) “Engineer In charge” shall mean officer or officers as may be designated, Deputed or authorized, by the company for the purpose of this contract and shall include Mine Mana ger/ Engineer In charge’s representatives. 22) '' HoD of the respective department '' shall mean the officer so designated shall include any other officer authorized by the company for the purpose of this contract. 23) “Consultant” shall mean the technical person appointed by the company for the purpose of this co ntract. 24) Duration of Contract means the period stipulated in the contract or work order and includ es any extended period thereof, if any made by a written communication. 25) Words importing the singular only shall include the plural and vice versa. Where the conte xt requires words importing person only shall include firms and corporations and vice versa. GENERAL TERMS & CONDITIONS 1] E- tender, as above are invited from appropriate class of contractors of the MES/CPWD/PWD of Mah arashtra State / M.P. State/Public Sector Undertakings/Semi or Quasi Govt. Organization/Reputed Pri vate Sector having experience in similar nature of services at least for a period of 3 years. 1.1] Earnest Money Deposit (EMD) A: For Non-MSEs: Step-I: The intending bidders should submit Earnest Money to MOIL Ltd., along with their offe r otherwise their offer will summarily rejected. EMD should be deposited Electronically (RTGS /NEFT) from Nationalised/ Scheduled Bank only in the designated account as under: a: Name of Bank & Branch: IDBI Bank, Civil Lines Branch, Nagpur b: Account No. 0041102000038465 c: IFS Code: IBKL0000041 EMD should be deposited in one go and exact amount should be reflected in our Bank State ment on or before the opening date & time of tender. Step-II: After remittance of Earnest Money as above, UTR No./Reference No. in case of IDBI Bank should be informed by participating bidder with Techno-commercial bid. The receipt of EMD shall be verified by MOIL Ltd., against details of the UTR No. /Reference No. in case of I DBI Bank and offers of those participating bidders whose receipt of EMD is confirmed by Fin ance Department, MOIL Ltd., shall be considered for further evaluation. In short, informing th e correct UTR No. /Reference No. in case of IDBI Bank is mandatory, failing which the offer s hall be liable to be rejected. No other mode of payment of EMD shall be accepted. B: For Micro and Small Enterprises (MSEs): MSEs registered with Udyam Registration Certificate/NSIC are eligible for the benefits under t he new Public Procurement Policies for MSEs as notified by Govt. of India, Ministry of Micro, Small & Medium Enterprises (MSME) vide Gazette Notification dated 26.03.2012 scheme (in cluding amendments), provided they have valid registration certificate with the above a uthorities and cover the tendered/offered items. Mandatorily bidders need to have “Udyam Registration Certificate” after 31.03.2022 for avai ling benefits under the Public Procurement Policy for Micro and Small Enterprises (MSEs) ord er,2012 as amended from time to time. Step I: The participating bidders under this category should mandatorily mention the docum ent type in Techno-commercial bid. Step-II: Upload the relevant document in the upload link. The status of MSE shall be decide d based on the uploaded document and if found in line then only, their offer shall be conside red for further evaluation. In short, mentioning the exemption document type in the Comme rcial Term Template & uploading the same in the upload link is mandatory, failing which the offer shall be liable to be rejected. C: PSUs: State/Central Govt. Organization/PSUs are exempted from submission of EMD/SD. However, they should mandatorily mention the document type in the Commercial Term and Upload the relevant document in the upload link, failing which the offer shall be liable to be r ejected.
- D.Purchase preference to central public sector enterprises as per Govt. guideline shall be applicable.
- E.Public procurement policy for Micro and Small Enterprises (MSEs) as per Govt. guideline shall be applicable. For details visit website: www.msme.gov.in. Bidder(s) falling in category of MSE (Micro & Small Enterprises) must essentially submit relevant & authentic valid documen ts like NSIC/Udyam Registration Certificate along with list of items for which bidder is registe red as MSE. If MSE is owned by Schedule Caste (SC)/ Schedule Tribe (ST)/Women, then such bidder will have to mention categorically and upload the copy of necessary relevant docume nt like NSIC certificate/Udyam Registration Certificate indicating their Enterprise Social class/ Social category of Entrepreneur/Gender. The caste certificate issued by State Authority as p er Law may be uploaded. These documents should be self-authenticated, certified by Chief E xecutive of Enterprise.
- F.(i) MOIL Ltd. will ensure that for all Start-ups [whether Micro & Small Enterprises (MSEs) or otherwise] conditions of prior turnover and prior experience are relaxed subject to their m eeting quality and technical specifications as per Government guideline in Public procureme nt.
- (ii)A bidder will be considered only if registered as Start-up (in appropriate category, if appli cable) with Ministry of Commerce & Industry, Department of Promotion of industry & Interna l Trade.
- G.The benefits under the new Public Procurement Policies for MSEs as notified by Govt. of In dia, Ministry of Micro, Small & Medium Enterprises vide Gazette Notification - 2012 shall not be applicable to Joint Venture /Consortium. Tenderers to note this and submit the EMD for pa rticipation in tender (EMD exemption based on MSME certificate is not applicable to Joint Ven ture /Consortium).
- H.Work experience of a bidder/member as a member of any consortium shall be considered only subject to the condition that the said bidder/member had executed similar type/portion of work during the specified period in that consortium. Copy of the MOU/agreement/docume nts of the said consortium containing the role of the bidder/member is required to be submitt ed. 2] The services are estimated to Rs.79,59,52,821.42 approximately (Excluding GST). 3] The Competent Authority shall be the Accepting Officer, hereinafter referred to, as such, for the pu rpose of this contract. 4] Tender documents, consisting of specifications, schedule(s) of quantities of the various classes of s ervices, to be done, the conditions of contract and other necessary documents are attached with the tender. 5] Tenderers are advised to inspect and examine the site and the surroundings and satisfy th emselves before submitting their tenders, as to the nature of the ground / dump and s ub soil (so far as is practicable), the form and nature of the site, the means of access to the site the accommodation they may require and in general shall themselves obtain all necessary information as to risk, contingencies and other circumstances which ma y influence or affect their tender. A tenderer shall be deemed to have full knowledge of site, whether he inspects it or not and no extra charges, consequent upon any misunderstanding or otherwise shal l be allowed. 6] Submission of the tender by a tenderer shall imply that he has read this notice and all other contra ct documents and has made himself aware of the scope and specification of the services to be done and of conditions and rates at which stores, tools and plant items etc. if any, will be issued to him, b y the Company/Corporation and local conditions and other factors bearing on the execution of the se rvices. 7] The tenders for the services shall not be witnessed by the contractor or contractors who himself /t hemselves has/have tendered or who may have tendered for the same services. Failure to observe t his condition shall render the tender of the contractor, tendering as well as of those witnessing the t ender, liable for rejection. 8] The tenderers are advised to submit quotations based on the terms and conditions and specificatio ns contained in the tender document and not to stipulate any condition of their own. Any tenderer d oing so shall be at his own volition and may render the tender liable for rejection. 9] Any tax, leviable in respect of this contract shall be payable by the contractor and the Company wi ll not entertain any claim whatsoever in this respect. 10] On completion of the services, all rubbish, brick-bats etc. shall be removed by the contractors at th eir own expenses and the site cleaned and handed over to the Company. 11] The successful tenderer shall arrange to obtain the appropriate license of the Competent Authority under the Contract Labor (Regulation & Abolition) Act. 1970 within fifteen days of the placement of t he services order. In case of failure of the contractor to maintain a valid license during the period of operation of this contract he will render himself liable for immediate termination of the contract with out any compensation, apart from being called upon to bear the burden of penalties, if any, that m ay be imposed by the concerned labour authorities. 12] The rates must be inclusive of all taxes payable against the State Govt./Central Govt., statutory no tification, wherever applicable. 13] No escalation will be payable, as a result of State/Central Govt. notification or any other account, d uring the currency of the contract, unless specifically provided for, in the contract. 14] This notice of tender shall from a part of the agreement between MOIL and the successful contract or for the purpose of this contract. 15] In usual course, no machineries shall be provided to the contractor by the Company. However, in emergent situation the required machineries may be provided to the contractor for such period as c onsidered essential by the Company and the hiring charges for the same would be recovered, on the rates determined by the competent authority. 16) The contractor should deposit the wages of the employees in the bank account of the concerned employees and should submit the certified statement from the bank along with t he bills. 17) Bidders are required to submit Copy of the PF registration duly allotted by Regional Provid ent Fund Commissioner. In case the tenderer does not possess the PF registration number at the time of submission of tender, then an undertaking, on a Non Judicial Stamp Paper of Val ue not less than Rs. 100/- stating that “Within One Month from the date of issue of Letter of Intent/Letter of Award of Contract Tenderer shall obtain PF code Number and submit a copy of the same to MOIL” 18) The provident fund of the employees should be deposited through on line mode and the or iginal paid challan (along with ECR and TRRN) has to be submitted along with the bills. 19] FINANCIAL REQUIREMENT & QUALIFYING CRITERIA: 19.1] A) Income tax return for Assessment years AY1, AY2, AY3 (2023-24, 2024-25, 2025-26).
- B)Average Annual financial turnover of related services during the last three years (i.e. FY -2022-23, FY-2023-24, FY-2024-25), ending 31st March of the previous financial year, should be at least 30% (thirty percent) of the estimated cost.
- C)Audited balance Sheet & Profit & loss account during the last three years (FY-2022-23, FY-2023-24, FY-2024-25). D)For proof of Turnover (FY-2022-23, FY-2023-24, FY-2024-25), the certificate issued by practicing Chartered Accountant or Cost Management Accountant (with Membership number , Firm Registration number & UDIN) certifying the annual turnover be submitted.
- E)Equipment Capabilities (if applicable). The applicant should own, or have assured access (through hire, lease, purchase agreeme nt, other commercial means) to the specified key items of equipment, in full servicing order, and satisfy that, based on known commitments; it will be available for timely use on the proposed contract. 19.2] The party will be considered for the award of the services, and for qualifying in PART-II of the ten der, only if a] The bidder must have at least three years' experience (ending month of March prior to the bid ope ning) of providing similar type of services to Central/State Government/ PSUs/ Nationalized Banks/ R eputed Organizations. Services rendered with list of such Central/State/ PSUs/ Nationalized Banks wit h duration of service shall be furnished. b] The bidder must have successfully executed/completed similar Services (work order & its completi on certificate to be submitted), over the last three years i.e. the current financial year and the last th ree financial years: - Three similar completed services each costing not less than the amount equal to 40% (forty percent) of the estimated cost; or Two similar completed services each costing not less than the amount equal to 50% (fifty percent) of the estimated cost; or One similar completed service costing not less than the amount equal to 80% (eighty percent) of the estimated cost. In case services is executed for private parties, self-certified copy of relevant Tax Deduction at Sourc e (TDS) Certificate issued by the deductor should be submitted by the tenderer along with relevant s ervices order to enable ascertaining scope of services in addition to satisfactory services completion certificate from the party. In addition to above, if required, MOIL shall be at liberty to seek independ ent confirmations from concerned party to ascertain the veracity of the particulars submitted includi ng scope of services and the bidder should have no objection to seeking such confirmations. Details of Similar Services: As per Tender Documents 20] The contractor shall furnish to the Company complete information as may be required for compilati on and submission of various returns/reports to different authorities from time to time. 21] The contractor shall submit the list of equipment which will be used by contractor for execution of services. 22] The contractor shall carefully read terms and conditions. Each bidder shall keep his offer ope n for a period of at least four months from the date of opening of the tender and in the ev ent of the bidder withdrawing the offer before the aforesaid period, for any reason, w hatsoever, the earnest money deposited by the bidder may be forfeited. 24] The tenderer, during the execution of services, shall mandatorily observe that he will give preference to those employees who either have Aadhar Number or have applied for Aadhar Card or have agreed to apply for Aadhar Card, while employing the labours / employees for t he awarded/allotted scope of services against this NIT, so as to establish their genuineness a nd to enable payments directly through Aadhar Payment Bridge. 25] Before commencement of the services, the successful bidder is required to submit the doc umentary proof of Insurance Policy for the entire period of the services under the provision o f Employee Compensation Act 2010/ESI (Employee State Insurance Act.1948) and as amend ed from time to time, for the number of workers proposed to be deployed for execution of th e subject services to the Mine Manager/Executive Officer. 26] During the execution of the services, the contractor shall maintain the register of wages pa id to employees/ workers on account of national holidays and shall submit the copies of the s ame to mine manager along with monthly running bills, failing which appropriate deduction shall be made from contractor’s bill and shall be paid to the contract workers by the compan
- y.27] The Company also reserves the right to relax the qualifying requirements upto 5% in the d eserving cases. 28] You will provide skilled supervisors to supervise the contract services. 29] Guidelines for Micro and Small Enterprises (MSEs) shall be applicable for Service Tenders in a ccordance to the notification of Govt of India (GoI) and including its amendment(s) as notifie d by GoI from time to time. 30] The benefits as per Public Procurement Policy for MSEs Order-2012 shall not be applicable for j oint Venture or Consortium. 31] SERVICES MATERIALS & PLANT: Removal of improper services, equipment & materials: The Engineer / Manager shall during the progress of services, have power to order in writing from time to time the following:
- a)The removal from site within such time or times as may be specified in the order, of any ma terial / equipment which in the opinion of Engineer / Manager are not in accordance with the contract.
- b)The substitution of suitable equipment and / or materials.
- c)The removal and proper re-execution, not-withstanding any interim payment there against, of any services which, in the opinion of the Engineer / Manager, is not in accordance with th e contract.
- 32.If the proprietor / partner / Director of the firm/ company has any relationship within the meaning of Section 2(77) read with Rule 4 of Chapter 1 of the Companies Act 2013 with any of the employee working in MOIL Ltd or Director of MOIL shall declare the same in his bid.
- 33.GSTN Registration No.: (This is to be mentioned mandatorily) Tenderer to mention their GST No. (for location from where the materials/Services shall be di spatch/provided by them up to Destination basis) Please Upload copy of document evidencin g provisional GSTIN ID/or ARN issued by GSTN. Also upload copy of PAN card. Confirm the H.S.N./SAC code of the services. TAXES: Payment of tax is primarily the responsibility of the seller/contractor and will not be paid unless it is clearly shown on the quotation as payable extra. Any change in taxation during the tenure of contract will be as per applicable statute. Under GST regime, registratio n under GST is made mandatory. You shall mention your GST id’s (In case your supply is fro m more than one location, you have to mention all relevant GST’s) in the quotation. Offers re ceived from sellers/contractors without GST (provisional or permanent) Id’s are liable to be r ejected in cases they fall within the preview of GST. Timely compliance of GST Provisions an d filing of GST returns is the responsibility of the bidder. Any non-compliance may result in w ithholding of bills partly or fully until it is reflected in form GSTR-2A.
- 34.Security Deposit:
- (i)Security Deposit an amount equal to 5% of the total basic value shall be deducted from ru nning bills (including bills for escalation, if any).
- (ii)The security deposit shall be held by the Company for six months (in case of civil works) or three months (in case of other works) or the defect liability period indicated in NIT, whiche ver is more. After the completion of the work, the same shall be refundable to the contractor on demand, subject to confirmation from user department, and only after adjusting any amo unts that may be due to the Company from the Contractor in respect of this/any other contra ct. The security deposit shall not bear any interest.
- (iii)Where total basic amount of work order is more than Rs. 1.00 crore, the successful tend erer may, at his option, submit the security deposit of 5% of the total basic value of the cont ract, in lieu of deductions from running bills, after signing of contract, in the form of bank gu arantee from any nationalised bank having branch at Nagpur, in favour of MOIL Limited, Nag pur, before release of payment of 1st running bill and the same shall remain at the disposal of the company as security till the satisfactory execution and completion of work in accordance with the provision of the contract.
- (iv)Without prejudice to its right of indemnity for all statutory and financial liabilities, the Company reserves the right to forfeit in full or in part, the Security Deposit, in the event of n on-performance / non-compliance with any provisions of the Contract, by the Contractor, oth er than Force Majeure reasons.
- 35.NON-SCHEDULE ITEMS OF WORKS During the execution of the works in the event of certain c hanges or alterations of the drawings or specifications or certain items being added or deleted fro m the original schedule, it shall be binding on the contractor to execute these works as per directi ons.
- 36.ADVANCE PAYMENT: At the discretion of CMD, an amount of up to 10% of the contract value may be given to the contractor at the prevailing rate of interest, as mobilization advance. Its recov ery shall start when 15% of the work is executed and shall be completed by time 80% of the origin al contract price is executed. No interest free advance shall be given to the contractor (prevailing r ate of interest of nationalized banks shall be applicable). However, in consideration of the exigenci es the same may given only after it is approved by the Board of Directors of the company, subject to fulfilling following conditions:
- 1.The contractor has to submit bank guarantee amounting to 110% of the advance towards securi ty of “mobilization advance”
- 2.The mobilization advance shall be paid in two/more instalments except in special circumstances (reasons to be recorded).
- 37.SUB LETTING: The Contractor shall not sublet or assign to any party or parties, the whole o r any portion of the work, under the contract, without the written permission of the Employer . The Employer may grant such permission, only after ascertaining that the work for Sub Letting is of technically superior nature, necessitating an expert agency, adept in such works.
- 38.SUB-CONTRACTING: If a contractor submits his bid, qualifies and does not get the contract bec ause of his being, not the lowest, he will be prohibited from working as a sub-contractor for a contractor who is executing the contract.
- 39.a. Canvassing in connection with the tender, in any form is strictly prohibited and the tend ers by such contractors, who resort to canvassing, will be liable to rejection.
- b.At the time of submitting bid or on the date of tender opening or at the time of placement of order by MOIL Ltd., if business dealings with the Agency have been banned by the Central or State Government or any other public sector enterprise, this fact must be clearly informed to MOIL Ltd. MOIL reserves the rights to keep on hold participation in tenders or to ban business dealings if any Agency has been found to have committed misconduct and also to suspend business d ealings pending investigation.
- 40.If the contractor during the currency of contract employs apprentices for speci fied periods, the permission for the same should be obtained, in writing from the Mines Mana ger or his authorized representative. The contractor shall train them, as required, under the Apprentices Act. 1961 and shall be responsible for all the obligations of the empl oyer under the Act, including the liability to make payment to apprentices, required under the Act.
- 41.Requisite deduction shall be made from the bills towards Income Tax at the rate of 2% or a s per the rates, as applicable from time to time.
- 42.FAILURE OF CONTRACTOR: If the Contractor fails to complete the works, and as a result, the order is cancelled, the amount due to him, on account of work executed by him ,i f payable, shall be paid to him, only after due recoveries, as per the provision of contract, and only after alternative arrangement to complete the work have been made, at the pri ce risk of the contractor.
- 43.LIQUIDATED DAMAGES:
- a)In case of delay in completion of the Contract, Liquidated Damages (L.D.) may be levied a t the rate of ½ (Half) % of the contract price per week of delay for uncompleted/balance part of contract quantity, subject to a maximum of 10% of the Contract price.
- b)However, the Competent Authority., may at his discretion, allow further extension of time, with or without levying of L.D.
- c)The Competent Authority, if not satisfied with the progress of the work and in the event of failure of the Contractor to recoup the delays, in the mutually agreed time frame, may term inate the Contract and in such an event The Company shall be entitled to recover L.D. u p to 10% of the Contract value and forfeit the Security deposit made by the Contractor, bes ides getting the work completed by other means at risk and cost to the Contractor.
- 44.FORCE MAJEURE CLAUSE: If, at any time, during the currency of this contract, the performance in whole or in part, by e ither party, of any obligation under this contract, shall be prevented or delayed by reasons o f war, hostility, acts of public enemy, civil commotion, sabotage, fires, floods explosions, epi demic, quarantine restrictions, Acts of State or other Acts of God, hereinafter referred to as eventualities, then, provided notice of the happenings of any such eventuality is given by eit her party to the other, within 15 days from the date of occurrence thereof, neither party shal l by reason of such eventuality be entitled to terminate this contract, nor shall either party h ave any claim for damages against the other, in respect of such non-performance or delay in performance and work under this contract shall resume as soon as practicable after such ev entuality has come to an end or ceased to exist and the decision of the Employer as to whet her the work has to be resumed shall be final and conclusive. one or both parties be prevented from fulfilling their contractual obligations by a state of forc e - majeure lasting continuously for a period of at least three months, the two parties should consult each other regarding further implementation of the contract, provided always, that if no mutually satisfactory arrangement is arrived at, within a period of a month, from the expi ry of three months referred to above, the contract shall be deemed to have expired at the en d of the said 4th month referred to above, in which event the liability under the contract shal l be settled taking into consideration the work carried out by the Contractor upto the expiry date without prejudice to the rights of Employer arising prior to the expiry date. If there are any Judicial Pronouncement/Statutory notifications/orders, the employer reserves to himself the right to withdraw partly or fully any item/items of work as required for complia nce of such orders without any financial claim on this account by the other party. 45.TERMINATION OF CONTRACT: MOIL Ltd. reserves the right to terminate the contract, in full or in part, if:
- a.The Contractor defaults in proceeding with the works due to lack of diligen ce and/or in complying with any of the terms & conditions, stipulated in the contract.
- b.The contractor fails to complete the works, as per the scheduled contract, before stipulate d date of completion.
- c.The contractor or Firm or any of the partner represented by the contractor, in the subject c ontract is adjudged as Insolvent by the concerned authority.
- d.The contractor assigns/transfers/sub-lets the entire work or a portion thereof without the a pproval of the Accepting authority.
- e.The contractor offers to give or agrees to give, in person of the Company's service or gift or any other consideration, as inducement or reward for seeking benefits in the contract.
- f.Termination of the contract in full or part - The officer in charge shall determine t he amount, if any that is recoverable from the Company, for the completion of the work, tog ether with penalties and loss or damage, suffered by the Company as a result of the above t ermination.
- g.The amount so worked out by the officer in charge, shall be recovered fro m amount due to contractor, on any account and if such amount is not sufficient the contractor shall be called to pay the same within 30 days.
- h.If the contractor fails to pay to the Company, the required sum within the stipulat ed period of 30 days, the officer in charge shall have the right to sell part or all of the materials / plant / equipment / implements / temporary buildings etc., belonging to the Contractor and apply the proceeds of the same thereof, towards the satisfaction of an y sum due from the contractor. Any sum from the above proceeds in excess of the amount due to the Comp any and any unsold materials /plant, implements, temporary buildings etc. shall be repaid to the contractor, provided always that if cost or anticipated cost of the completion by the com pany of the work or part is less than the amount which the contractor should have been paid had he completed the work.
- 46.TERMINATION OF CONTRACT, ON DEATH: If the Contractor is an individual or a proprietary concern and the individual or the propriet or dies or if the Contractor is a partnership concern and one of the partners dies, then u nless the Accepting Authority is satisfied that the legal representatives of the individual Co ntractor or of the proprietor of the proprietary concern and in case of partnership, the s urviving partners are capable of completing the contract, the Accepting Authority shall b e entitled to cancel the contract, as to its uncompleted part, without the Company in any way being liable to payment of any compensation to the estate of the deceased Contracto r and/or to the surviving partners. In the event of such cancellation, the Company shall not h old the estate of the deceased Contractor and/or the surviving partners of the firm liab le in damages for not completing the Contract.
- 47.FORECLOSURE: If at any point of time, after the acceptance of the tender, the Company deci des to abandon or reduce the scope of the contract work, for any reasons whatsoeve r, the Officer in Charge shall give notice in writing, to that effect to the Contractor and the C ontractor shall have no claims to any payment, on account of compensation or on ac count of profit advantage, that he would have derived by way of execution of work, but could not do so, because of foreclosure. However, the Contractor shall be paid at contrac t rates, full amount for works executed at site and a reasonable amount as certified by the O fficer in Charge, for the items mentioned hereunder, which could not be utilized, on t he work to the full extent, because of foreclosure Any expenditure incurred on prel iminary site work e.g. Temporary access roads, accommodation, water storage tanks etc.
- a.The Co. shall decide whether to take over any of the Contractor's materials or any pa rt thereof, whose supply was accepted at site, provided however that the Co. shall take ov er only such materials or part thereof, as the Contractor does not desire to retain. The cost of such materials that shall be paid to the Contractor shall take into account purchase p rice, cost of transportation.
- b.For Contractor’s materials, not retained by the Co., reasonable cost of transporting suc h materials from site to permanent stores of the Contractor or to his other wo rks, whichever is less shall be paid to him.
- c.If any materials supplied by the Company to the Contractor are rendered surplus, the sam e shall be returned by the Contractor to the Company at rates, at which they were originally i ssued and a reasonable cost on account of transportation from the site to the stores of the C
o.
- d.The Co. shall pay to the Contractor, a reasonable compensation for transfer of T & P items from site to Contractor's permanent stores or to his any other work site, whichever is less.
- 48.DISPUTE AND ARBITRATION:
- a)All disputes and differences arising out of or in any way touching or concerning this Agreement / c ontract / tender whatsoever (except as to any matter, the decision of which is expressly provided for in the agreement / contract / tender) shall be referred to Sole Arbitrator appointed by CMD MOIL Lim ited. The arbitrator shall enter the reference and conduct his proceedings according to the provision s of the Arbitration and Conciliation Act 1996 as amended till date. The Award of such an Arbitrator shall be final and binding on both the parties to this Agreement / contract / tender. It is a term of t his agreement / contract / tender that in the event of such an Arbitrator to whom the matter is origin ally referred being transferred or vacating his office or being unable to act for any reason, the partie s at the time of such transfer, vacation of office or inability of the Arbitrator to act, shall appoint anot her person to act as an Arbitrator. Such person shall be entitled to proceed with the reference from the stage at which it was left by his predecessor. It is also a term of this Agreement / contract / ten der that no person other than a person so appointed, as aforesaid, shall act as an Arbitrator and if fo r any reason that is not possible, the matter is not to be referred to the arbitration at all. Provided further that in case of contracts / agreements relating to Sale of Manganese Ore / All grade of Ferro Manganese / Slag & Di-oxide Ore / Oxide Ore / Electrolytic Manganese Dioxide by MOIL Limi ted any demand for arbitration in respect of any claims of the buyers / contractor / party aggrieved s hall be in writing and made within three months of the date of termination or completion / expiry of t he agreement / contract / tender and where such demand is not made within the above said period, the claims of the buyers / contractors / party aggrieved shall be deemed to have been waived and a bsolutely barred and MOIL shall be discharged and released of all liabilities under the Agreement / c ontract / tender in respect of those claims. Provided further that the Arbitrator may, from time to time, with the consent of the parties enlarge t he time for making and publishing the Award. The costs of and in connection with the arbitration shall be in the discretion of the Arbitrator, who m ay make a suitable provision for the same in his Award.
- b)All disputes relating to this agreement/contract/tender, shall be limited to the jurisdiction of the Co urt at Nagpur Bench of Bombay High Court.”
- 49.CONSULTANTS:
- a.A firm which has been engaged by the Company to provide goods or work for the project and any of its affiliates will be disqualified from providing consultancy services for the same project. Conversely, a firm hired to provide consulting services for the preparation or i mplementation of a project and any of its affiliates will be disqualified from subsequently providing goods or works or services related to the initial assignment of the same project.
- b.The consultants or any of their affiliates will not be hired for any assignment, which by its nature, may be in conflict with another assignment of the consultants. 49.1 Conflict of Interest in case of consultants:
- i)The consultant is required to provide professional, objective, and impartial advice, a t all times holding the Procuring Entity's interest’s paramount, strictly avoiding co nflicts with other assignments or his/its own corporate interests, and acting witho ut any consideration for future work. ii) The consultant has an obligation to disclose to the Procuring Entity any situation of actual or potential conflict that impacts its/his capacity to serve the best interest of its client/Procuring Entity. Failure to disclose such situations may lead to the di squalification of the consultant or termination of its/his contract during execution of the assignment.
- a)Conflicting activities: a firm that has been engaged by the client to provide goo ds, works, or non-consultancy services for a project, or any of its affiliates, shall b e disqualified from providing Consultancy service resulting from or directly relate d to those goods, works, or non Consultancy services. Conversely, a firm hired to provide consultancy services for the preparation or implementation of a project, o r any of its affiliates, shall be disqualified from subsequently providing goods or w orks or no consultancy services resulting from or directly related to the consultan cy services for such preparation or implementation;
- b)Conflicting assignments: Consultants (including its experts and sub- consultants ) or any of their affiliates shall not be hired for any assignment that, by its nature, may be in conflict with another assignment of the consultant for the same or for a nother Procuring Entity; and
- c)Conflicting relationships: A consultant (including its/his experts and sub-consultants) that has a close business or family relationship with a professional staff of the Procurin g Entity who are directly or indirectly involved in any part of: (i) the preparation of ToR for the assignment; (ii) selection process for the contract; or (iii) supervision of the cont ract, may not be awarded a contract, unless the conflict stemming from this relationshi p has been resolved in a manner acceptable to the client throughout the selection proc ess and execution of the contract.
- 50.INSURANCE: From commencement to completion of the works, the contractor shall have full respon sibility for the case thereof and for taking precautions to prevent loss or damage to th e assets at site and works under completion, as per this work order, and in case of projects , special works exceeding a cost of Rs. 50 Lakhs and above or where ever mentioned, s pecifically in the tender documents, the contractor will obtain an insurance policy c overing all risks, damages, loss etc.
- 51.The Contractor shall provide in the names of the Employer, insurance cover fr om the start date to the end of the Defects liability period, in the amounts and ded uctibles stated in the Contract data for the following events which are due to the Co ntractors risks. a) Loss of or damage to the works, Plant and materials b) Loss of or damage t o Equipment c) Loss of or damage of property (except the Works, Plant, Materials and Equip ment) in connection with the Contract and Personal injury or death Policies and Certificates f or insurance shall be delivered by the Contractor to the Nodal Officer or his nominee for the Nodal Officer or his nominee’s approval before the Start Date. All such insurances shall pr ovide for compensation to be payable in the types and proportions of currencies re quired to rectify the loss or damage incurred. If the Contractor does not provide any of th e policies and certificates required, the Employer may effect the insurance which the Contractor should have provided and recover the premiums from the Employer has paid from payments otherwise due to the Contractor or if no payment is due, the pa yment of the premium shall be a debt due. Alterations to the terms of insurance shall no t be made without the approval of the Nodal Officer or his nominee. Both parties shall co mply with all conditions of the insurance policies.
- 52.SUB - VENDER: The contract agreement will specify major items of supply or services for which th e contractor proposes to engage sub-vender. The contractor may from time to time propose any addition or deletion from such list and will submit the proposal in this regard to the offic er in charge. Such approval of the officer in charge will not relieve the contractor from any of his obligations, duties and responsibilities under the contract.
- 53.DEVIATION: Deviations sought by the bidder whether they are commercial or technical must only be given within the schedule, prescribed for them. Any willful attempt by th e bidders to camouflage the deviation, by giving them in the covering letter or in any other documents than the prescribed schedules may render the bid itself non- responsive.
- 54.Further Instruction: The Executing Authority shall have full power and authority as delegated to him by the Em ployer, to issue to the Contractor, from time to time during the progress of the work, such f urther instructions as shall be necessary for the purpose of proper and adequate execution of the work and the Contractor(s) shall carry out and be bound by such further instructions .
- 55.STATUTORY RULES & REGULATIONS:
- a.The contractor will abide by all the laws of the land applicable to this type of job.
- b.In respect of the employees engaged by the contractor, the contractor will be “EMPLOYER” defined under various Acts Rules and Regulations in relation to the n ature of work involved. The person engaged by the contractor for the work shall be under t he contractor directly and there shall be no Employer and Employee relationship between th e contractor’s employees and the company.
- c.The contractor will be responsible for payment of compensation caused to all his e mployees or caused by his employees/machines to others due to any incident / a ccident. In case of occurrence of any accident it should be brought to the notice of the Man agement with immediate effect.
- d.The contractor shall be solely responsible for compliance with all labour laws, Paym ent of Wages Act 1936, Employees Provident Fund Act, Payment of Gratuity Act 1972, Workmen Compensation Act, Works Contract Act, Sales Tax Act, Minimum Wa ges Act 1948, Industrial Disputes Act 1947, Contract Labour(Regulation & Abolition) Act 1970, Equal Remuneration Act 1979, Child labour (Prohibition & Regulation) Act 1 986, Mines Act 1952, Mines Rules 1955, Metalliferous Mines Regulation 1961, Explosiv es Act, Turnover tax act (where ever applicable) and other relevant Central / State Govt. rul es etc The Contractor shall take full responsibility for stoppage of work, as a result of non compli ance to above rules and violations pointed by the enforcing agencies, thereof. The Cont ractor shall, at his own cost and time, rectify all the defects/ violations pointed out by such statutory authorities .Such stoppage of work shall not be taken as a valid reason for not achieving the targets and the Company shall be free to impose penalty , stipulated, in the tender document. The Contractor shall defend, indemnify and hol d the Company harmless from any liability or penalty which may be imposed by the Centr al / State or local authorities, by the reasons of any assorted violation, by the Contrac tor and also from all claims, suites or proceedings, that may be brought against the Co mpany.
- 56.SAFETY CLAUSES
- a.Before commencement of the work, the contractor will have to give an undertaking in writ ing that they would strictly abide by the Safety Rules & Regulations laid down by MOIL Limit ed and any violation/deviation from this will render the contractors liable for action against t hem.
- b.The contractor shall employ only those workers at site who have undergone the Safety Ind uction training by some authorized officer(s) person(s).
- c.The contractor shall ensure availability of all necessary personal safety equipment/applian ces such as safety helmet, safety boots, safety belts, leather/canvass gloves, welding helme ts, safety goggles etc. as necessary according to nature of work and as may be considered a dequate by the Operation Authority at work site. The contractor shall also maintain the sam e in good working condition suitable for immediate use. The contractor shall also ensure tha t the workers employed by him/them or his/their representatives(s) on his/their behalf at wor k site positively use necessary safety appliances.
- d.As for as possible, development of accident prone situations at site shall be avoided, if unavoidable, the contractor shall arrange suitable caution boards, barricades, red lamps (lan terns) etc. displayed/fixed prominently at strategic points/places to avoid accidents.
- e.The contractor shall also arrange display of aforesaid safety provisions on the Notice Boar ds at prominent place(s) along with the name of the person(s) responsible for compliance th ereof from contractor’s side.
- f.The contractor shall keep the work surroundings clean, free from grease/oil spills and obst ructions or objects like debris, brickbats, rubbish etc.
- g.When the work site is near such a place where there could be chances of drawing, the con tractor shall ensure availability of all necessary safety equipment, which shall be kept ready for use. All necessary steps shall be taken for prompt rescue of any person in danger and ad equate arrangements shall always be available for First Aid treatment of all injuries likely to be sustained during the course of the work and its specific nature.
- h.Adequate washing facilities shall be provided by the contractor at or near the work site.
- i.Contractor shall also ensure availability of adequate numbers of fire extinguishers at work site(s) where there is a risk or possibility of fire hazard.
- 57.WATER SUPPLY: The contractor will have to make his own arrangement for supply of water to the work sit e, including that required for dust suppression on haul roads. All pumping installation/pipeli nes networks, as and when required will have to be carried out by the contractor at his own cost. Alternatively, the Company at its discretion may Endeavour to provide water to the Contractor at the Co.'s source of supply, from where he shall arrange for its transportation t o places of use, with the prior approval of the Mine manager. However, the Company does not guarantee the supply of water and this shall not relieve the contractor of his responsibility for making his own arrangement and for time ly completion of the work as stipulated in the schedule.
- 58.POWERSUPPLY: Subject to availability, the Company will supply power at one common point, from where th e contractor will make his own arrangement for temporary distribution. The contractor shall also provide suitable electric meter, fuses, safety appliances, switches etc. for the purpose of to the company, in lieu of the power so consumed, at his own cost. These shall be unde r the custody and control of the Company. The cost of the power supply shall be payabl e to the Company, every month, at such rates, as fixed by the Company, from time to time, and would be deducted from the running bills of the Contractor. The Company does not how ever guarantee the supply of electricity and no compensation for any failure of short supply of electricity will be entertained and this shall not relieve the Contractor of his responsibility for providing the needed power supply and for timely completion of the work, as stipulated in the contract. Arrangement for adequate lighting, at the work site shall also be made by c ontractor.
- 59.PLACES FOR OFFICE, STORES ETC : The contractor shall have to make his own arrangement, in respect of his office, stores w orkshop residential accommodation etc. For his supervision / managerial staff etc. The Mine Manager may render necessary assistance in this regard, to the extent possible, subject to availability, on payment basis.
- 60.RISK PURCHASE: In the event of placement of order if the successful tenderer fails to execute the same to the satisfaction of the Company within the stipulated time, the Company shall arrange execution of works /procurement of items at supplier's/tenderer's risk and cost.
- 61.TReDS: All MSE vendors/suppliers are advised to get themselves registered on TReDS platform (www .treds.in) or on WWW.rxil.in and avail the facility of the TReDS.
- 62.The BIDDER should obtain a valid license within 15 days of the award of the work. In case of failure of the contractor to maintain a valid license during the period of operation of this c ontract he will render himself liable for immediate termination of the contract without any co mpensation, apart from being called upon to bear the burden of penalties, if any, that may b e imposed by the concerned labour authorities.
- 63.For Job Contract cases, notice for execution of order on risk & cost of any contractor can b e issued during valid period of contract also if contractor either fails to start the work within r easonable time, the progress of the job is poor or for any breach of contract. In such a case, MOIL Limited shall be entitled (a) to forfeit the whole or such portion of the Security Deposit as it may be considered fit and (b) to re-tender and/ or recover from the contractor the cost of carrying out the balance work and such excess sums which becomes payable by MOIL Li mited over & above the rates of work had it been carried out by the contractor under the ter ms of the work order.
- 64.LABOUR: 64.1 Compliance with Labour Statutes: The Contractor shall comply with all the obligations under the Contract Labour (Regulation and Abolition Act), the Mines Act / the Factories Act, t he Minimum Wages Act, the Payment of Wages Act, the Employees’ Provident Funds and Pe nsion Act, the Payment of Gratuity Act, the Industrial Disputes Act, the Maternity Benefit Act, the Employees’ State Insurance Act, the Workmen’s Compensation Act, and all other labour statutes for the time being in force, and applicable to the Works. The Contractor agrees to k eep the Principal Employer / Company indemnified at all times against any demands from th e labour or statutory authorities on this account. 64.2 Contract Labour (Regulation & Abolition) Act, 1970: The Contractor is required to p roduce license as enjoined in the Contract Labour (Regulation and Abolition) Act, 1970, if the Act is applicable to him. The contractor shall obtain License from the appropriate Licensing Officer of the area before commencement of the work and shall produce a copy thereof of th e work along with the original to the Engineer immediately on start of the work. The original will be returned to the contractor after verification. He shall not be allowed to undertake or e xecute any work through contract labour except under, and in accordance with, a License is sued under the said Act in that behalf by the authorised Licensing Officer. The Contractor s hall thoroughly familiarise himself with the provisions of the Contract (Regulation and Ab olition) Labour Act, 1970 and the Rules there under, In case the said Act and Rules are appli cable, the contractor shall take all steps to comply with their provisions, maintain records an d registers as required, submit reports and returns to the prescribed authorities periodically as required, issue employment cards / service certificates and display notice in accordance with Contract Labour Rules, with copies thereof to the Company. By virtue of default of the Contractor, or otherwise, if the Company is obliged to provide amenities and / or pay wages to labour employed by the Contractor directly, or through Sub Contractor(s) under this Contr act, then the contractor shall indemnify the Company fully, and the Company shall be entitle d to recover from the Contractor the expenditure incurred on providing the said amenities, a nd / or the wages so paid by deducting it from the Security Deposit or from any sum payable by the Company to the Contractor, either under this or under any other Contract. Provided that if any dispute arises as to expenditure incurred by the Company on provisions of the said amenities, the decisions of the Competent Authority shall be final and binding. 64.3 Payment of Wages Act: The Contractor shall comply with the provisions of the payment of Wages Act, 1936 and the Rules there under in respect of all persons employed by him in carrying out this contract. An y dispute regarding the statutory payment which may arise shall be immediately settled by t he Contractor with his Workmen. 64.4 Minimum Wages Act: The Contractor shall comply with the provisions of the Minimum Wages Act 1948 and the R ules made thereunder by the Central Govt. in respect of all employees employed by him in carrying out this contract. He shall pay the employees, wages not less than the Minimum R ate of Wages, as notified by the appropriate Govt. from time to time or settled under any s ettlement, award, whichever is higher for that category. The Contractor shall make all pay ments to the labourers in the presence of authorised representatives of the Employer. The Contractor shall also submit to Engineer copies of wages payment sheets in proof of havin g paid wages to various labourer with due counter signature by the representative of the E mployer. The Contractor shall at all times indemnify the Employer against all claims arising out of provisions of the Minimum Wages Act and the rules framed thereunder as admissible in res pect of any workman employed by the Contractor in carrying out the contract and against costs and expenses incurred by the Employer in connection with and without prejudice to other means of recovery. The Employer shall be entitled to deduct, from any money which is due to or which shall become due to the Contractor whether under this contract or any o ther contract, all money paid or payable by the Employer, by way of wages and other dues (including compensations, penalty, if any) imposed for committing breach of any provision of the Act by the Contractor in connection with any claim thereto and the Contractor shall abide by the decision of the Employer as to the sum payable by the Contractor under the p rovisions of this clause.
- 65.Change in Constitution of Firm : If the Contractor is a partnership firm the contractual r elationship shall be deemed to have terminated if there is any change in the constitution of t he firm, whether by retirement, introduction of new partners or otherwise, unless such chan ge has the previous written approval of the Employer, notwithstanding that the Employer m ay have other dealings with such reconstituted firm. In the event of death of one of the part ners, the Contractor shall immediately inform the Employer, giving necessary particulars of t he heirs and legal representatives of the deceased partner, and it shall be the option of the Employer either to continue the contractual relationship with the said reconstituted firm, or t o treat the Contract as having being terminated by such supervening events, and the decisi on of the Employer in this regard will be binding on all the partners concerned. No claim for compensation / damages on premature termination will be made or sustainable against the Employer on account of such termination.
- 66.The Contractor shall not allow any visitor on the work sites, without the prior permission o f the Engineer / executing authority/unit head.
- 67.The tenderer shall visit the site(s) and ascertain the local condition and all other factors lik ely to affect the rate to be quoted by him. He will be deemed to have quoted for the inciden ce of extra cost, if any due to such site conditions and other factors .Employer is not liable f or any damages whatsoever if conditions differ during the operation of the contract and no c omplain shall be entertained.
- 68.The contract rate shall remain firm & fixed during the period of contract and no escalation on any account whatsoever will be allowed.
- 69.The Safety & security of any material issued by the dept. either free or on cost recovery bas is will be the responsibility of the tenderer.
- 70.Tools & Tackles: All the tools & tackles required for the execution of the jobs shall be arranged by the Contractor at his own cost.
- 71.The job shall be completed within the schedule completion period and labour should be en gaged accordingly. No claim on account of idle labours/interruption of work or any other exp enses incurred by the contractor for any reason whatsoever will be entertained.
- 72.The work shall have to be executed in a planned manner as per the programme and instr uctions of the engineer in-charge of the work.
- 73.The contractor shall not engage twenty or more labourer on his rolls without obtaining lic ense from the appropriate authority under the Contract Labour (Regulation & Abolition) Act, 1970 and rules framed there under.
- 74.No worker should be allowed near the moving parts with loose clothing.
- 75.Compliance with Statutes: The Contractor shall at his own cost, observe, perform and comply with the provisions of the Acts applicable during the execution of the contract, and R ules / Bye-laws framed there under including but not limiting to the following and shall main tain such registers and documents, as are required under the various statutes, for productio n of the same before the company and/or other Statutory Authorities prescribed in this beha lf, as and when required. The contractor agrees to keep the Employer indemnified at all time s against any demands / penalties by statutory authorities, and shall defray to the Employer any costs / suspenses incurred by the Employer in proceedings before the statutory authoriti es. A list of the relevant laws applicable to the process of execution of work under the contract is given below. The list is illustrative and not exhaustive. The Contract Labour (Regulation & Abolition) Act, 1970 and Rules framed there under.
- i)The Payment of Wages Act, 1936 ii) The Employees' Provident Fund Act, 1952 & Schemes framed there under. iii) The Maternity Benefit Act, 1961. iv) The Payment of Bonus Act, 1965.
- v)The Industrial Disputes Act, 1947. vii) The Payment of Workmen's Compensation Act, 1923. viii) The Minimum Wages Act, 1948. ix) The Payment of Gratuity Act ,as and when applicable.
- x)Air & Water Pollution Acts xi) Indian Forest Act, 1927 xii) Environment Protection Act, 1986 and Environment Protection Rules, 1986
- 76.Default: The performance of contractor will be considered UNSATISFACTORY / POOR if;
- a.The contractor does not attend the work as per Contract in full or part in time without any valid reason
- b.The contractor does not carry out the instruction of the Engineer-in-charge.
- c.The contractor has executed excess work beyond allotted amount without any written cle arance from the Engineer-in-charge.
- d.The contractor is found consistently irregular in reporting to the concerned Supervisor / Engineer-In-Charge for carrying out the day-to-day business.
- e.The Contractor incurs loss to the company in any of the activities.
- f.The contractor does not follow the terms and conditions as per Agreement.
- g.The contractor executes any defective/poor quality work.
- h.The contractor does not supply the materials/ equipments as per specification and does n ot respond to the instruction/information of department/legal authority in time.
- i.The contractor does not maintain discipline in work place.
- 77.The Contractor shall provide Photo Identity Card to all his workmen duly certified by secur ity I/C and their workmen shall produce the same as and when asked by the Engineer I/C or Security.
- 78.All the materials supplied by the Contractor for the work will be as per ISI / BIS specificati ons / code and/or CPWD Specifications, if available and approved by the Inspecting Authorit y / Operating Authority.
- 79.All material supplied by the Contractor shall be the absolute property of the employer whi ch shall not be on any account be removed from the site of work and shall be liable any time to be opened for inspection by the Engineer-in-charge.
- 80.Deviation The bidder shall submit a certificate stating “This is to certify that, there is no deviation in the offer submitted by us, from the tender technical sp ecifications, terms & conditions. In case, if there is any difference in a ny terms & conditions, the same may be ignored and considered to hav e been accepted by us in Toto as per NIT.” Scanned copies of above certifi cate to be uploaded.
- 81.PAYMENT TERMS
- (i)Dump Mining: 80% payment shall be released as per GeM from the date of receipt of clea r and acceptable tax invoice along with all necessary certifications/compliances, with statuto ry and other deductions adhering to the services order conditions or any amendment thereto and receipt of analysis report from the laboratory, subject to the same being found confirmin g to the specifications as given in the services order. For deviations, if any, from the specifica tions, appropriate penalty as per the penalty clause shall imposed/deducted from running/ot her bills/dues.
- (a)The balance payment of 20% shall be released as per GeM from the date of receipt of such clear and acceptable claim along with all the necessary certification/compliances on suc cessful completion of the railing and receipt of overall satisfactory chemical analysis report i n respect of the services order quantity.
- (b)If the quantity is not railed fully/partially within one year from the date of completion of con tract, the balance payment of 20% shall be released as per GeM from the date of receipt of s uch clear and acceptable claim along with all the necessary certifications/ compliances on th e basis of W.V.R, after getting chemical and physical analysis subject to confirming the speci fications given in services order and imposing/deducting applicable penalty, if any. In such a case, the measurements shall be carried out by a committee of senior officials nominated by Director (P&P).
- (ii)Other Services: The running bills shall be submitted by the contractor, normally at monthl y intervals, for the services executed, as certified by the engineer-in-charge. Payment of the running bills shall be released as per GeM from the date of receipt of clear and acceptable ta x invoice along with all the necessary certifications/ compliances, subject to statutory and ot her deductions adhering to the services order conditions or any amendment thereto.
- (iii)Final Bill: Final bill shall be submitted by the contractor as per GeM of the completion of se rvices and no further claims shall be made by the contractor, after submission of the final bill . Payment of the final bills shall be released as per GeM from the date of receipt of clear and acceptable tax invoice along with all the necessary certifications/ compliances subject to stat utory and other deductions adhering to the services order conditions or any amendment ther eto, pertaining to this or any other contract.
- (iv)Escalation Bill: Bills for wages/diesel/other escalation, as specified in the NIT, shall be sub mitted by the contractor at quarterly intervals, for the services executed, as certified by the engineer-in-charge. Payment of the escalation bills shall be released as per GeM from the da te of receipt of clear and acceptable tax invoice along with all the necessary certification/co mpliances, subject to statutory and other deductions, adhering to the services order conditio ns or any amendment thereto.
- (v)Paying Authority: Head of Contracts Accounts Section, Finance Department, MOIL Limite d, MOIL Bhawan, 1-A, Katol Road, Nagpur - 440 013. In case of contracts awarded from mines, head of finance in respective mine shall be the pa ying authority.
- (vi)Submission of Bills: GST-compliant tax invoice/e-invoice for 100% value, including taxes, in three copies, duly stamped and signed or digitally signed by the authorized signatory of c ontractor shall be submitted to the consignee along with e-way bill (as applicable) and other documents as a part of compliance of the services order or NIT.
- (vii)Bill to party: Bill shall be raised on Mine Manager/ Plant In-charge, XXXXXX Mine/Plant, ad dress, state, GSTN
- (viii)Ship to party: Services shall be rendered to the Mine Manager/ Plant In-charge, XXXXXX M ine/Plant, address, state, GSTN. NOTE:- (I) Clarification on disputes relating to the bill : Endeavour shall be made to seek clarificatio ns about any discrepancy/deficiency in the bill submitted in one go, within a period of 25 day s from the receipt of the bill. The contractor shall be required to submit the required clarifications/remove deficiencies wit hin 10 days from the date of informing the same. Any disagreement on the supply/services quantity, quality or for any other matter shall be de alt as per the terms of the contract and NIT. However, payment against agreed and admissi ble part shall be processed on submission of the invoice for such part only, without limiting t he power of the company to make further recoveries and such part payment shall not be con stituted as right of the contractor to seek balance payment. ix] Any registered person having aggregate annual turnover of Rs.50 crores and above (base on PAN) i s required to submit E-Invoice having Invoice Reference Number (IRN) and QR Code on or after 1st Ja nuary 2021 for release of payment. From 01.08.2023, all the vendors exceeding aggregate turnover of Rs.5 crores in any of the precedi ng 6 financial years (i.e. 2017-18 to 2022-23) will have to submit E-Invoice mandatory for release of payment.
- 82.INTEGRITY PACT: Pre Contract Integrity Pact: The tenderer(s) /bidder(s) /contractor(s) has to enter into an “Int egrity Pact” with MOIL. A copy of the Integrity Pact typed on plain paper duly signed by the t ender issuing officer who is the Authorised Signatory on behalf of MOIL & MOIL witness, is en closed with the tender/bid document.
- a)The bidder is required to submit the Pre Contract Integrity Pact agreement duly filled, scanned & signed by authorized signatory of tender & signed by his witness as per format of Pre Contrac t Integrity Pact Agreement in bid document along with the tender & upload. The Pre Contract Integrity Pact has to be signed by the Proprietor /Owner / Partner / Director or by their duly Authorised Signatory. In case of failure to return the Pre Contract Integrity Pact duly signed by authorized signatory of tender & signed by his witness along with the offer / bid, as me ntioned above, will disqualify the offer/bid.
- b)A person signing Pre Contract Integrity Pact shall not approach the court while representing the matter to IEMs and He/She will await their decision in the matter. The details of Independent External Monitor (IEM) nominated for this tender are given here as und er: SN. Name of Independent External Monitor 1: Shri Rakesh Anand, (Mobile No. 9969563601, E-mail: ansem_2000@yahoo.com) 2: Shri Nand Kumar Mishra, (Mobile No.6391771144, E-mail:- lambodhar2021@gmail.com / adi dev2014@gmail.com) (This clause is applicable for the services Rs. 50 Lakhs & above plus GST) 83. “The Banning period may range from 1 year to 3 years depending on the gravity of the case, the severity of the irregularities/ lapses committed/termination of contract due to poor perfor mance, etc."
- 84.In the bid document, the relaxation clause i.e. "MSE Relaxation for Years of Experience and Tu rnover" and "Startup Relaxation for Years of Experience and Turnover" is showing as "No" (Due to technical issues, the same is selected as "No"). However, the relaxation of MSE and Startup f or Years of Experience and Turnover shall be applicable as per MSE Policies." FORMAT OF NON-COLLUSIVE TENDERING CERTIFICATE (To be signed by an authorised person on the Tenderer’s behalf) To, MOIL Limited, Nagpur Dear Sir/ Madam, Non-Collusive Tendering Certificate for {RFQ/ Tender No. ---------------- Date ------------)}
- 1.We, (Name------------------------- of (address ----------------------) refer to the bid/ offer against (t he “Tender”).
- 2.Non-collusion We represent and warrant that in relation to the Tender:
- (a)Our bid was developed genuinely, independently and made with the intention to accept the Contract it awarded;
- (b)Our bid was not prepared with any agreement, arrangement, communication, understandin g, promise of undertaking with any person (including any other tenderer or competitor) regard ing:
- i)prices; ii) methods, factors or formulas used to calculate prices; iii) an intention or decision to submit a bid; iv) an intention or decision to withdraw a bid;
- v)the submission of bid that does not conform with the requirements of the tender; vi) the quality, quantity, specifications or delivery particulars of the products or services to whic h this tender relates; and vii) the terms of the bid, and we undertake that we will not, prior to the award of the Contract, e nter into or engage in any of the foregoing.
- 2.Disclosure of in case of Job/ Project Contracts We understand that we are required to disclose all intended sub-contracting arrangements relating t o the Tender to the Plants/ Mines--------, MOIL Limited, Place -------------, including those which are en tered into after the Contract is awarded. We warrant that we have duly disclosed and will continue t o disclose such arrangements to the Plants/ Mines --------, MOIL Limited, Place --.
- 3.Consequences of breach or non-compliance We understand that in the event of any breach or non-compliance with any warranties or undertakin gs in this certificate, the Plants/ Mines, MOIL Limited, Place may, at its discretion, invalidate our bid, exclude us in future tenders, pursue damages or other forms of redress from us (including but not limited to damages for delay, costs and expenses of re-tendering and other costs incurred), and /or (in the event that we are awarded the Contract) terminate the Contract. Signed for and on behalf of the (tenderer) Signatur e: Name: Position: Date: Note: Para 2(b) is not applicable to Agreements, arrangements, communications, understandings, prom ises or undertakings with:
- a)the Plants/ Mines, MOIL Limited, Place;
- b)a joint venture partner, where joint venture agreements, arrangements, relevant to the bi d exist and which are notified to the Plants/ Units-------------------------------------------------------- ---- , MOIL Limited, Place ;
- c)consultants or sub-contractors, provided that the communications are held in strict confid ence and limited to the information required to facilitate that particular consultancy arrang ement or sub-contract;
- d)professional advisers, provided that the communications are held in strict confidence and limited to the information required for the adviser to render their professional advice in rela tion to the Tender;
- e)insurers or brokers for the purpose of obtaining an insurance quote, provided that the co mmunications are held in strict confidence and limited to the information required to facilita te that particular insurance arrangement; and
- f)Banks for the purpose of obtaining financing for the contract, provided that the communi cations are held in strict confidence and limited to the information required facilitating that financing. Annexure – 10 FORMAT FOR UNDERTAKING TO BE SUBMITTED/UPLOADED BY BIDDER ALONG WITH THE TENDER DOCUMENTS I ………………………… (Name and Designation) appointed as the attorney/ authorized signatory of the bidder (including its constituents) M/s. (hereinafter called the bidder) the purpose of the Tend er Documents for ………………………….as per the tender No…………… of ……………(MOIL), do here by solemnly affirm and state on the behalf of the bidder including its constituents as under:
- 1.I/We the bidder(s) am/are signing this document after carefully reading the contents of the ab ove mentioned tender.
- 2.I/We declare and certify that I/we have not made any misleading or false representation anyw here in the tender submitted including the annexures thereto.
- 3.I/We also understand that my/ our offer will be evaluated based on the documents/ credential s submitted along with the offer and same shall be binding upon me/us. 4. 1/We declare that the information and documents submitted along with the tender documents by me/ us are complete and correct and I/we are fully responsible for the authenticity and corre ctness or the information and documents, submitted by us. 5. 1/We understand that at any time during process for evaluation of tenders, if any information / document submitted by me / us are found to be suppressing facts / forged / false / fabricated / fudged or incorrect, it shall lead to forfeiture of the EMD, if submitted, besides banning under t he extant Guidelines for Banning of Business Dealings of MOIL and initiating any legal action as deemed fit the MOIL. Further, I/we ........................... (Name of the Bidder) and all my/ our const ituents understand that my/ our offer shall be summarily rejected.
- 6.I/We also understand that at any time after award of contract, if the certificate(s) submitted b y me / us are found to be suppressing facts / false/ forged/ fabricated / fudged or incorrect, it m ay lead to termination of the contract, along with forfeiture of EMD / SD and Performance Guar antee if submitted, besides any other action provided in the contract including banning under t he extant Guidelines for Banning of Business Dealings of MOIL and initiating any legal action as deemed fit by MOIL. SEAL AND SIGNATURE OF THE BIDDER Place: Date: The instant tender shall be inter-alia subject to “Public Procurement (Preference to Make in India), Order 2017, (as amended from time to time) bearing No.P-45021/2/2017-PP (BE-II) issued by the Government of India, Ministry of Commerce and Industry, Department for Promotion of Industry and Internal Trade (P ublic Procurement Sector) dated 29/05/2019 which is a part of this tender as Annexure - I. The Tenderer s who wish to take the preference under the said Order dated 29/05/2019 shall mandatorily be required to submit the requisite documents as prescribed under the Public Procurement (Preference to Make in In dia), Order 2017. Only after satisfactory submission of the requisite documents benefits under the afore said Order shall be provided. Revised Public Procurement (Preference to Make in India): Only to facilitate, we may request to refer Cl ause No.9(a) & (b) of above order towards “Verification of Local Content” reproduced hereunder and upl oad as applicable:
- a.The ‘Class-I local supplier’/‘Class-II local supplier’ at that time of tender, bidding or solicitation sh all be required to indicate percentage of local content and provide self-certification that, the item offered meets the local content requirement for ‘Class-I local supplier’/‘Class-II local supplier’, as t he case may be. They shall also give details of the location(s) at which the local value addition is made.
- b.In cases of procurement for a value in excess of Rs.10 Crores, the ‘Class-I local supplier’/‘Class-II l ocal supplier’ shall be required to provide a certificate from
- i)Statutory auditor or cost auditor of the company (in the case of companies) or ii) A practicing cost accountant or practicing chartered accountant (in respect of suppliers other than co mpanies) giving the percentage of local content. As per Revised Public Procurement (Preference to Make in India), Order 2017, bidder to mention % of lo cal content & details of the location(s) at which the local value addition is made. Kindly upload the certificate giving the percentage (%) of local content and give details of t he location(s)/address(s) at which the local value addition is made. As per Revised Public Procurement (Preference to Make in India), Order 2017, on 16/09/2020 enclosed, Clause No.3, bidder to mention in which category their firm belong i.e. Class-I Local Supplier/ Class- II Local Supplier/ Non-Local Supplier. Kindly upload the certificate by mentioning the Class. Restrictions on Public Procurement from Certain Countries: In this regard bidder may please refer the Annexure ‘F’ comprising Office Memorandum No. 6/18/2019-P PD dt. 23-07-2020 & subsequent orders issued by Public Procurement Division, Department of Expendit ure, Ministry of Finance, Government of India towards restrictions on Public Procurement from certain cou ntries. Referring to the above, the Local Suppliers should upload the certificate as under: “We have read the clauses regarding restrictions on procurement from a bidder of a country which shares a land border with India and we hereby certify that our firm is not from such a c ountry and is eligible to be considered” OR However, if any Local Supplier falls in the category of bidders as indicated in the Definitions clauses at cl no: 6, 7, 8, 9 and 10 of Order (F.No.6/18/2019-PPD, Public Procurement no. 1) dt.23-07-2020, should uplo ad the certificate as under: “We have read the clauses regarding restrictions on procurement from a bidder of a country which shares a land border with India and we hereby certify that our firm is from such a count ry and has been registered with Competent Authority (specified in Annexure -I of Order (F.No .6/18/2019-PPD, Public Procurement no. 1) dt. 23-07-2020) and further certify that our firm fu lfils all requirements in this regard and is eligible to be considered. The evidence of valid regi stration by the Competent Authority is uploaded herewith” Note.
- 1.Bidder to choose any one of the above condition which is applicable and upload the same in uploa d link.
- 2.In case of Indian Agents of the Local Suppliers quoting against the Tender, both the Indian Agent a nd their Principals should upload the above mentioned certificates. Treatment of Joint Ventures in the Tender Process
- 1.Joint Venture / Consortium: Two or three companies/ contractors may jointly undertake contrac t/contracts. Each entity will be jointly and severally responsible for completing the task as per the contract . Joint Venture / Consortium details: Name of all partners of a joint venture / Consortium:
- 1.Lead partner
- 2.Partner
- 3.Partner Joint Venture /Consortium must comply with the following requirements:
- i)The qualifying criteria parameter e.g. experience, financial resources ( of the relevant period) and th e equipment/fleet strength of the individual partners of the JV / CONSORTIUM will be added together and the total criteria should not be less than as spelt out in qualifying/eligibility criteria as specified i n e-tender Notice. ii) The formation of joint venture / Consortium or change in the Joint Venture /Consortium character/ pa rtners after submission of the bid and any change in the bidding regarding Joint Venture /Consortium will not be permitted. iii) The bid, and in case of a successful bid - the agreement, shall be signed so as to legally bind all part ners jointly and severally and any bid shall be submitted with a copy of the Joint Venture /Consortiu m Agreement providing the joint and several liabilities with respect to the contract. iv) The pre-qualification of a Joint Venture /Consortium does not necessarily pre-qualify any of its partne rs individually or as a partner in any other Joint Venture /Consortium or association. In case of dissol ution of a Joint Venture /Consortium, each one of the constituent firms may pre-qualify if they meet all the pre-qualification requirements, subject to written approval of the employer.
- v)The bid submission must include documentary evidence to the relationship between Joint Venture /C onsortium partners in the form of JV / Consortium Agreement to legally bind all partners jointly and severally for the proposed agreement which should set out the principles for the constitution, operat ion, responsibilities regarding work and financial arrangements, participation (percentage share in t he total ) and liabilities ( joint and several ) in respect of each and all of the firms in the Joint Venture /Consortium. Such JV / Consortium Agreement must evidence the commitment of the parties to bid f or the facilities applied for (if pre-qualified) and to execute the contract for the facilities if their bid is successful. vi) One of the partners shall be nominated as ‘In-charge’ of the contract and shall be designated as Lea d Partner. This authorization shall be evidenced by submitting with the bid a Power of Attorney signe d by legally authorized signatories of all the partners. vii) The JV / Consortium Agreement must provide that the Lead Partner shall be authorized to incur liabili ties and receive instructions for and on behalf of any and all partners of the Joint Venture /Consortiu m and the entire execution of the contract shall be done with active participation of the Lead Partne
- r.viii) The contract agreement should be signed by each Joint Venture /Consortium Partners. Subsequent d eclarations/letters/documents shall be signed by lead partner authorized to sign on behalf of the JV/ Consortium or authorized signatory on behalf of JV/Consortium. ix) The bid should be signed by the Joint Venture/Consortium.
- x)An entity can be a partner in only one Joint Venture /Consortium. Bid submitted by Joint Venture /Co nsortiums including the same entity as partner will be rejected. xi) The JV / Consortium agreement may specify the share of each individual partner for the purpose of e xecution of this contract. This is required only for the sole purpose of apportioning the value of the c ontract to that extent to individual partner for subsequent submission in other bids if he intends to d o so for the purpose of the qualification in that Bid. xii) The earnest money / bids security bank guarantee (if applicable) can be submitted by the Joint Vent ure /Consortium or one or more partners of the Joint Venture /Consortium. xiii) The JV / Consortium agreement must specifically state that it is valid for the project for which bidding is done. If JV/Consortium breaks up midway before award of work and during bid validity period bid will be rejected. If JV / Consortium breaks up midway before award of work and during bid validity/after award of wor k/during pendency of contract, in addition to normal penalties as per provision of bid document, all t he partners of the JV/Consortium shall be debarred from participating in future bids for a period of 3
- (three)years. xiv) JV / Consortium agreement shall be registered in accordance with law so as to be legally valid and bi nding on the members before making any payment. xv) JV shall open a Bank Account in the name of JV and all payments due to the JV shall be credited by e mployer to that account only. To facilitate statutory deductions all statutory documents like PAN/GS TIN, etc.in the name of the Joint Venture shall be submitted by JV before making any payment.
- 2.ONE BID PER BIDDER Each Bidder shall submit only one Bid, either individually, or as a partner in a partnership firm or a partner in a Joint Venture /Consortium or a Public Ltd./Private Ltd. company. A Bidder who submits or participates i n more than one Bid (other than as a subcontractor or in cases of alternatives that have been permitted or requested) will cause all the proposals with the Bidder's participation to be disqualified .
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