EASTERN COALFIELDS LIMITED Office of the General...

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EASTERN COALFIELDS LIMITED Office of the General Manager Sodepur Area P.O.: Sundarchak,

Dist. Burdwan (WB); PIN-713360

NIT No.: ECL/SDPA/E&M/16-17/17 Date: 18/01/2017

e-TENDER NOTICE 1. Tenders are invited online on the website https://coalindiatenders.nic.in from the eligible Bidders

having Digital Signature Certificate (DSC) issued from any agency authorized by Controller of

Certifying Authority (CCA), Govt. of India and which can be traced up to the chain of trust to the Root

Certificate of CCA, for the following work :-

2.

Description of work Estimated

Contract Value

(ECV)

(excluding service

tax)

Earnest Money

(In )

Period of

Completion

(In Days)

Supply, installation, erection and

commissioning of Biometric face

recognition Attendance System

with (CC Camera) surveillance

including required wireless

networking or any other latest

technology with similar nature at

All collieries/Units Sodepur Area

ECL Including Five (5) years AMC.

74,18,840 /-

74,200 /-

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Note1: There will be No Application Fee.

Note2: Basis of Estimate: Work order from other areas of ECL.

Note3: Availability of CENVAT Credit to ECL (Not Available)

Note4: Reverse Auction shall be applicable for the ECV in respect of works for 1.00 Crore & above.

3. Time Schedule of Tender: Sl. No. Particulars

Date

(DD:MM:YYYY)

Time

(HH:MM)

a. Tender e-Publication date 24/01/2017 11:00 HRS

b. Document download start date 25/01/2017 10:00 HRS

c. Document download end date 09/02/2017 17:00 HRS

d. Bid Submission start date 25/01/2017 10:00 HRS

e. Bid submission end date 09/02/2017 17:00 HRS

f. Start date for seeking Clarification online 25/01/2017 10:00 HRS

g. Last date for seeking Clarification online 01/02/2017 17:00 HRS

h. Bid Opening date (Cover-I & Cover-II) 11/02/2017 11:00 HRS

i. Reverse Auction Date (As Applicable) Not Applicable

4. Deposit of EMD:

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The bidder will have an option for submitting EMD ONLINE from any scheduled Bank. Online mode: The bidder can make payment of EMD either through net banking from designated Bank/s or through NEFT/RTGS from any scheduled Bank. i) In case of payment through Net Banking the money will be immediately transferred to ECL’s designated Account. ii) In case of payment through NEFT/RTGS the bidder will have to make payment as per the Challan generated by the system on e-Procurement portal before submission of bid by visiting bank. Bidder will be allowed to submit his/her bid only when the EMD is successfully received in ECL’s account and the information flows from Bank to e-Procurement system.

6. The bidders should submit MANDATE FORM for e-Payment along with EMD, if not submitted earlier, as per

the format given in the bid document.

7. EMD Exemption: The bidder claiming for exemption will have to upload the scanned copy of document

(attested by notary public) in support of exemption as per NIT.

8. Downloading of Tender document: The Tender document can be downloaded by any prospective bidder from

the e-Procurement portal free of cost. The download of tender document may start immediately after e-

Publication of NIT and shall continue till the last date and time of bid submission.

9. Seeking Clarification by bidder: The bidder may seek clarification online within the specified period. The

identity of the Bidder will not be disclosed by the system. The department will clarify as far as possible the

relevant queries of bidders. The clarifications given by department will be visible to all the bidders intending to

participate in that tender. The clarifications may be asked from the day of e-Publication of NIT. The period for

seeking clarification by bidder will be up to 7 (Seven) days before the end date of bid submission. The replies

to clarifications sought by bidders should be given by the department at least 2 (Two) days before the end date

of bid submission.

10. Eligible Bidders: The invitation for bid is open to all bidders including an individual, proprietorship

firm, partnership firm, company or a Joint Venture having eligibility to participate as per eligibility

criteria stipulated in Clause No.13 of NIT and having Digital Signature Certificate (DSC) issued from

any agency authorized by Controller of Certifying Authority (CCA), Govt. of India.

11. Joint Venture (JV) shall be allowed for participate in the bid with estimated cost above

Rs. 2 Crores. In case of JV, the bidder is required to enroll in the name of Joint Venture.

12. Conditions of JV: Two or three companies/contractors may jointly undertake contract/contracts. Each

entity will be jointly and severally responsible for completing the task as per the contract (applicable for

bids having estimated cost above Rs. 2 Crores). Joint Ventures must comply, the following requirements: i) Following are the minimum qualification requirements for Joint Venture a) The qualifying criteria parameter e.g. experience of the individual partners of the J.V will be as deliberated under Cl. No. 13 A of NIT towards fulfillment of qualification criteria related to experience. b) The qualifying criteria parameter e.g. financial resources (Turnover) of the individual Partners of the J.V. will be added together, for the relevant period, and the total criteria should not be less than as deliberated under Cl. 13 of NIT towards fulfillment of qualification criteria related to financial turnover and net worth. ii) The formation of joint venture or change in the Joint Venture character/ partners after submission of the bid and any change in the bidding regarding Joint Venture 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 partners jointly and severally and any bid shall be submitted with a copy of the Joint Venture Agreement providing the

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joint and several liabilities with respect to the contract. iv) The pre-qualification of a Joint Venture does not necessarily pre-qualify any of its partners individually or as a partner in any other Joint Venture or association. In case of dissolution of a Joint Venture, 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 partners in the form of JV Agreement to legally bind all partners jointly and severally for the proposed agreement which should set out the principles for the constitution, operation, responsibilities regarding work and financial arrangements, participation (percentage share in the total) and liabilities (joint and several) in respect of each and all of the firms in the Joint Venture. Such JV Agreement must evidence the commitment of the parties to bid for 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 for being in charge of the contract and shall be designated as Lead Partner. This authorization shall be evidenced by submitting with the bid a Power of Attorney signed by legally authorized signatories of all the partners. vii) The JV Agreement must provide that the Lead Partner shall be authorized to incur liabilities and receive instructions for and on behalf of any and all partners of the Joint Venture and the entire execution of the contract shall be done with active participation of the Lead Partner. viii) The contract agreement should be signed by each Joint Venture Partners. Subsequent declarations/ letters/ documents shall be signed by lead partner authorised to sign on behalf of joint venture or authorised signatory on behalf of JV. ix) The bid should be signed by all the partners of the Joint Venture. x) An entity can be a partner in only one Joint Venture. Bid submitted by Joint Venture including the same entity as partner will be rejected. xi) The JV agreement may specify the share of each individual partner for the purpose of execution of this contract. This is required to fulfill eligibility and also for the purpose of apportioning the value of the contract to that extent to individual partner for subsequent submission in other bids if he intends to do so for the purpose of the qualification in that Bid. xii) The earnest money / bids security bank guarantee can be submitted by the Joint Venture / one or more partners of the joint venture. xiii) The JV agreement must specifically state that it is valid for the project for which bidding is done. If JV breaks up mid-way before award of work and during bid validity period bid will be rejected .If JV breaks up midway before award of work and during bid validity/after award of work/during pendency of contract, in addition to normal penalties as per provision of bid document, all the partners of the JV shall be debarred from participating in future bids for a minimum period of 12 months. xiv) JV agreement shall be registered in accordance with law so as to be legally valid and binding 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 employer to that account only. To facilitate statutory deductions all statutory documents like PAN/TIN etc. shall be submitted by JV before making any payment.

13. Eligibility Criteria:

A. Work Experience: The intending tenderer must have in its name as a prime contractor experience of

having successfully completed similar works during last 7 (Seven) years ending last day of month

previous to the one in which bid applications are invited (i.e. eligibility period) should be either of the

following:-

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Three similar completed works each costing not less than the amount equal to 40% of the estimated

cost.

OR

Two similar completed works each costing not less than the amount equal to 50% of the estimated

cost. OR

One similar completed work costing not less than the amount equal to 80% of the estimated cost.

(In case the bidder is not a prime contractor but a sub-contractor, the bidder’s experience as

sub- contractor will be taken into account if the contract in support of qualification is a sub-

contract in compliance with the provision of such sub-contract in the original contract awarded to prime

contractor.)

The work experience of the bidder for those works only shall be considered for evaluation

purposes, which are completed on or before the last day of month previous to one in which e-Tender has

been invited. The experience of incomplete/ongoing works as on the last date of eligibility period will

not be considered for evaluation.

While considering the value of completed works, the full value of completed works will be considered

whether or not the date of commencement is within the said 7 (Seven) years period.

Cost of previous completed works shall be given a simple weightage of 5% per year to bring them at

current price level, while evaluating the qualification requirement of the bidder. Such weightage shall be

considered after end date of completion. Updating will be considered for full or part of the year (total no.

of days / 365) i.e. considering 365 days in a year, till the last day of month previous to one in which bid

has been invited.

The above qualification criteria shall be fulfilled by JV in the following manner.

The qualifying criteria parameter e.g. experience of the individual partners of the J.V will be as deliberated

hereinafter towards fulfillment of qualification criteria related to experience.

a) In case of completion of single work of similar nature costing, not less than the amount equal

to 80% of the estimated cost put to tender:-

Any of the JV partner shall have the experience of having completed successfully a single work

of similar nature equal to 80% of the estimated cost put to tender.

Or

b) In case of completion of two works of similar nature each costing not less than the amount

equal to 50% of the estimated cost put to tender :-

i) Any one partner can match the above requirement.

Or

ii) At least two partners should each have completed at least one work of similar nature each

costing not less than the amount equal to 50% of the estimated cost put to tender.

Or

c) In case of completion of three works of similar nature, each costing not less than the amount

equal 40% of the estimated cost put to tender:-

i) Any one partner can match the above requirement.

Or

ii) Any two partners shall match the above requirement through completion of at least one work

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of similar nature each costing not less than the amount equal 40% of the estimated cost put to tender:-

Or

iii) All the three partners shall match the above requirement through completion of at least one

work of similar nature each costing not less than the amount equal 40% of the estimated cost put to

tender.

However, during fulfillment of any of the above criteria one of the partners, who is the lead partner shall

have :-

i) More than 50 (fifty)% share in J.V. and

ii) Experience of having completed successfully a single work of similar nature equal to at least 40% of

estimated cost put to tender.

The definition of SIMILAR nature of work:

“Similar Works means work involving installation and Commissioning of

Biometric attendance with Face/Palm/finger reader with any latest similar

technology”.

In respect of the above eligibility criteria the bidders are required to furnish the following

information online:

i) Start date & end date of each qualifying experience (similar work).

ii) Agreement Number/Work Order Number of each experience.

iii) Work Order Issuing authority of each experience.

iv) Percentage (%) share of each experience (100% in case of an individual/proprietorship firm

or a partner in a partnership firm).

v) Executed Value of work against each experience.

B. Financial Turnover: Average annual financial turnover of Works during the last 3 (Three) years

ending 31st

March of the previous financial year should be at least 30% of the estimated cost.

(The “Previous Financial Year” shall be computed with respect to the date of NIT/e-Publishing date).

If any bidder does not furnish the turnover value for any financial year out of the last 3 financial

years, the turnover for that financial year shall be taken as ‘Zero’ and the average annual

financial turnover shall be calculated accordingly.

The system shall calculate the average of the financial turnover of 3 years furnished by the bidder

by adding 5% for each completed year (total number of days/365) after the end of respective Financial

Year ( i.e. 31st March) till the last day of month previous to one in which e-Tender has been invited


information online:

i) Annual financial turnover of each of the last 3 years ending 31st

March of the previous financial year.

ii) Name of the Chartered Accountant issuing the Profit and Loss A/c or the Turnover certificate.

iii) Membership Number of the Chartered Accountant

iv) Date of issue of financial turnover certificate by CA.

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Note: The qualifying criteria parameter e.g. financial resources (Turnover) of the individual partners of the

J.V. will be added together, for the relevant financial year, and the total should not be less than as spelt

out above. However, the information against Sl. No.(ii), (iii) & (iv) above will be given w.r.t the lead

partner of JV only.

C. Service Tax (Not Applicable for Exempted Services):

The bidder should be either a Small Service Provider and exempted for service tax registration and/or payment

of service tax a Body Corporate

OR

The bidder should be either a Small Service Provider and exempted for service tax registration and/or payment

of service tax not a Body Corporate

OR

A Body Corporate

OR

Other than above three categories

In respect of the above eligibility criteria the bidder is required to furnish the following information online:

i) Confirmation regarding possessing the required document as enlisted in Clause No.18 (3) of

Checklist of NIT with respect to Service Tax status of the Bidder.

Any one of the following documents depending upon the status w.r.t. Service Tax as declared by Bidder in the

BOQ sheet:

a) Status: Small Service Provider and exempted from Service Tax Registration and/or exempted from

payment of Service Tax but a Body Corporate:

Document: 1. A Certificate from a practicing Chartered Accountant having a membership number that the

bidder is a Small Service Provider and exempted for Service Tax Registration and/or exempted from payment

of Service Tax and

2. The Certificate of Incorporation

b) Status: Small Service Provider and exempted from Service Tax Registration and/or exempted from

payment of Service Tax but not a Body Corporate:

Document: A Certificate from a practicing Chartered Accountant having membership number that the bidder

is a Small Service Provider and exempted for Service Tax Registration and/or exempted from payment of

Service Tax.

c) Status: A Body Corporate:

Document: Service Tax Registration Certificate issued by Central Excise and Custom Department, Govt. of

India.

d) Status: Other than above three categories:

Document: Service Tax Registration Certificate issued by Central Excise and Custom Department, Govt. of

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India.

[In case of JV a Certificate from a practicing Chartered Accountant having membership number confirming the

status of JV w.r.to Service Tax]

Note: In case the work/service is awarded to a Joint Venture participating in the tender they have to submit

VAT, PAN and Service Tax registration (as applicable in the tender and for the bidder status) etc. on the name

of the Joint Venture after Award of Work/Service at the time of execution of agreement/ before the payment of

first running on account bill

D. LEGAL STATUS OF THE BIDDER: Any one of the following documents:

1. Affidavit or any other document to prove proprietorship/Individual status of the bidder.

2. Partnership deed containing name of partners.

3. Memorandum & Article of Association with certificate of incorporation containing name of bidder

4. Joint Venture agreement containing name of partners and lead partner, Power of Attorney to the Lead

Partner and share of each partner.

E. Permanent Account Number (PAN): The bidder should possess Permanent Account Number (PAN)

issued by Income Tax department, Govt. of India.

In respect of the above eligibility criteria the bidders are required to furnish the following information on

line:

i) Confirmation regarding possessing of Permanent Account Number (PAN) issued by Income Tax

department, Govt. of India in the form of Yes / No.

F. VALID DIGITAL SIGNATURE CERTIFICATE: If the bidder himself is the DSC holder bidding online then

no document is required. However, if the DSC holder is bidding online on behalf of the bidder then the Power of

Attorney or any sort of legally acceptable document for the authority to bid on behalf of the bidder.

In respect of the above eligibility criteria the bidders are required to furnish the following information online:

i. Confirmation regarding possessing of DSC in the form of Yes / No.

G. VAT/Sales Tax Registration on Works Contract: The bidder should posses a VAT/ Sales Tax

Registration on works contract issued by Sales Tax department and of any Indian State/UT.


i. Confirmation regarding possessing of VAT/Sales Tax Registration on Works Contract

issued by Sales Tax department of any Indian State in the form of Yes / No.

H. VALID ELECTRICAL LICENSE (For Electrical works only): Valid Electrical Contractor’s License issued

by Electrical Licensing Board/Authority of any Indian State/UT, in accordance with IE Rule-45. (In case the

bidder is a Joint Venture, at least one partner of JV should possess the valid Electrical Contractor’s License

issued by Electrical Licensing Board/Authority of any Indian state, in accordance with IE Rule-45).


i. Confirmation regarding possessing of valid Electrical License issued by Electrical

Licensing Board/Authority of any Indian State/UT, in accordance with IE Rule-45 in the form of

Yes/No.

I. Registration No. under CMPF/EPF: The bidder should posses a valid Registration No. under

CMPF/EPF issued from the office of the Competent Authority.


information online:

i. Confirmation regarding possessing of Registration No. under CMPF/EPF issued to the

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bidder from the office of the Competent Authority, in the form of Yes / No.

It may be noted that the tender will straightaway rejected in case the bidder is not registered under

CMPF/EPF. However, the bids of the bidders who have applied for CMPF/EPF Registration, but the

allotment has not yet been conveyed will be accepted on production of proof of applying for CMPF/EPF

Registration at the time of submission of confirmatory documents.

14. INTSRUCTIONS TO BIDDERS:

i) Submission of Bid: In order to submit the Bid, the bidders have to get themselves registered online on

the e-Procurement portal of CIL i.e. at https://coalindiatenders.nic.in with valid Digital Signature

Certificate (DSC) issued from any agency authorized by Controller of Certifying Authority (CCA),

Govt. of India and which can be traced up to the chain of trust to the Root Certificate of CCA. The

online Registration of the Bidders on the portal will be free of cost and one time activity only. The

prospective bidders should register for availing the services through the option “Online Bidder

Enrollment” on the home page of https://coalindiatenders.nic.in. The registration should be in

the name of bidder, whereas DSC holder may be either bidder himself or his duly authorized person.

ii) It is the bidder’s responsibility to comply with the system requirement i.e. hardware, software and

internet connectivity at bidder’s premises to access the e-tender website. Under any circumstances,

ECL shall not be liable to the bidders for any direct/indirect loss or damages incurred by them

arising out of incorrect use of the e-tender system or internet connectivity failures.

iii) The bidders will have to accept unconditionally the online User Portal Agreement available at

https://coalindiatenders.nic.in which contains the acceptance of all the Terms and Conditions of NIT

including General and Special Terms & Conditions, Integrity Pact and other conditions, if any, along with

online undertaking in support of the authenticity of the declarations regarding the facts, figures,

information and documents furnished by the Bidder online in order to become an eligible bidder. No

conditional bid shall be allowed/accepted. This User Portal Agreement will be a part of NIT and the

agreement.

iv) In the undertaking given by bidder online, there will be provision for penal action, if any

information/declaration furnished online by the bidder against eligibility criteria is found to be wrong at

any stage, which changes the eligibility status of the bidder.

v) For online submission of tender, the bidders will have to upload “Letter of Bid”, all the confirmatory

documents as prescribed in the CHECK LIST of NIT in Cover-I and only “Price-bid” in Cover-II. In

case of EMD exemption one more document in support of the claim of EMD exemption will have to be

uploaded by the bidder in Cover I.

vi) LETTER OF BID (LOB): The format of Letter of Bid (as given in the NIT) will be downloaded by the

bidder and will be printed on Bidder’s letterhead and the scanned copy of the same will be uploaded

during bid submission in cover-I. This will be the covering letter of the bidder for his submitted bid. The

content of the “Letter of Bid” uploaded by the bidder must be the same as per the format downloaded

from website and it should not contain any other information.

The Letter of Bid (LOB) will be digitally signed by DSC holder submitting bid online and it does not

require any physical signature. However, if the Letter of Bid (LOB) bears the physical signature in addition

to the digital signature of DSC holder, it will be accepted without questioning the identity of person signing

the Letter of Bid.

If there is any change in the contents of Letter of Bid uploaded by bidder as compared to the format of

Letter of Bid uploaded by the department with NIT document, then the bid will be rejected. However

inclusion of any additional redundant information by the Bidder in the submitted Letter of Bid (LOB),

which does not contradict the content and spirit of original format of LOB uploaded by department will not

be a cause of rejection of his/her bid.

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vii. CONFIRMATORY DOCUMENTS: All the confirmatory documents as enlisted in the CHECK LIST

of NIT in support of online information submitted by the bidder are to be uploaded in Cover-I by the bidder

while submitting his/her bid.

viii. PRICE BID: The Price bid containing the Bill of Quantity will be in .xls format (password protected) and

will be uploaded during tender creation. This will be downloaded by the bidder and he will quote the rates for

all items on this Excel file. Thereafter, the bidder will upload the same Excel file during bid submission in

Cover-II. The Price-bid will be in Item Rate BOQ format and the bidder will have to quote for all the tendered

items and the L-1 will be decided on overall quoted value(i.e. Cost to company).

The Price-bids of the tenderers will have no condition. The Price Bid which is incomplete and not submitted as

per instruction given above will be rejected.

ix. Tender Status: It will be the bidder’s responsibility to check the status of their Bid online regularly, after

the opening of bid till award of contract. Additionally, information shall also be sent by system generated

email and SMS at nodal points (Date of bid opening, Requisition for Clarification on Confirmatory document

from L-1 bidder, award of work etc.). No separate communication will be required in this regard. Non-receipt

of e-mail and SMS will not be accepted as a reason of non-submission of Confirmatory documents within

prescribed time. This will be specifically mentioned in the NIT. The Tender Status will be in public domain

and anyone visiting the site can view it by identifying the tender.

15. OPENING OF BID: Tender (Cover-I and Cover-II) will be decrypted and opened online by the “Bid Openers”

with their Digital Signature Certificates on the prescheduled date & time of Tender Opening.

INSTRUCTIONS TO BIDDERS w.r.t. REVERSE AUCTION (Applicable for ECV 1 Crore & above):

a) Upon opening of the price bids, a reverse auction platform will be created, displaying only the L1 price

received. No indication will be available in the portal to anybody regarding number of bids and names of the

bidders.

b) Reverse Auction Process (RAP) will be initiated after opening of price bids, as detailed in Cl. 15.

c) There will be no participation fees for e-Reverse auction.

d) Initial period of reverse auction will be 2 (Two) hours. There will be auto extensions of time every time by

10 (Ten) minutes in case of any reduction recorded in the last ten minutes. The reverse auction will come to

a close only when there is no further reduction recorded in the last ten minutes slot.

e) The L1 price / Start Bid price is cost to the company price on which the auction will be initiated. The

bidder(s) who have participated in the reverse auction has to upload the Breakup of cost to company Prices

in the confirmatory documents. The detailed Breakup of offered cost to company price, uploaded by the

bidder shall be considered and order, if placed, shall be with the same break-up of prices. The bidder(s) after

reverse auction will be responsible to ensure that the cost to company rate as per the breakup of prices

provided by him after the reverse auction and the cost to company rate offered by him in the reverse auction

is exactly same. The bidder will not be allowed to increase the rate of any item while submitting the

breakup. While giving the break up, the bidder will have to consider same rate of taxes and duties as

quoted while submitting the e-price bid. In case the bidder(s) fail(s) to submit the break-up of cost to

company price within stipulated period or the breakup given by the bidder does not match with total offered

price, the Company will be at liberty to place order by proportionately reducing items rates on the basis of

the breakup of the e-price bid submitted by the bidder along with the initial offer and the same will be

binding on the bidder.

f) Start Bid Price: L1 Price or approved Estimated Price + 10%, whichever is lower will be the start bid price

for tenders for works and services.

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g) Decremental Value: The decrement value will be 0.5 % of the start bid price. The reduction by the bidder

shall have to be made as per decrement value or in multiple thereof. The maximum seal Percentage in one

go will be fixed as 2 % over and above existing normal decrement value of 0.5 % i.e. total 2.5 % of

Start Bid price/last quoted price during reverse auction, whichever is lower. (Illustration for maximum seal

percentage @2% considering 3 different cases is given in the bid document)

h) System protects bid and bidder information till auction gets over and displays current L1 price to the bidder

in auction dashboard. System provides bidder details along with bid documents at the end of reverse auction

process only.

i) The log details of the entire reverse auction process will be generated by the system once the process of

reverse auction is completed.

j) If a bidder does not submit his bid in the Reverse Auction, the price quoted by him in the price bid shall be

considered as the valid price of that bidder. The status of the bidder (L1, L2, etc.) will be evaluated

considering either the bid price submitted in Reverse auction or the Price quoted in the price bid, whichever

k) Server time shall be the basis of Start time & Closing time for bidding and shall be binding for all. This

would be visible to all concerned.

l) On expiry of the closing of the auction, the bid history showing all the last valid bids offered along with

name of the bidders shall be published. All bidders shall have the facility to see and get a print of the same

for their record.

m) The bid history shall reflect only the landed price. The landed price shall also not be same for two bidders

even if any bidder makes such an attempt.

n) All electronic bids submitted during the reverse auction process shall be legally binding on the bidder. The

chronologically last bid submitted by the bidder till the end of the auction will be considered as the valid

price bid offered by that bidder and acceptance of the same by ECL will form a binding contract between

ECL and the bidder for entering into a contract. Any bid submitted earlier by the bidder prior to submission

of his last bid will not be considered as the valid price bid.

o) Conditional discounts shall not be considered. If a bidder offers a discount unilaterally after submission of

bid, the discount will not be considered for evaluation of offers but will be availed if order is placed on such

tenderer.

p) If the lowest price received during reverse auction is unreasonable or it is unacceptable on ground of being

too high or too low compared with estimated price, the management reserves right to seek justification of

the price from lowest bidder. If the price is not considered reasonable, management may not accept such bid

and go for another tender process.

q) In case of disruption of service at the service provider's end while the RAP is online, due to any technical

snag or otherwise attributable to the system failure at the server end, the RAP process will start all over

again. In such a situation, the last recorded lowest price of prematurely ended RAP, will be the 'Start Bid'

price for the restarted RAP. The prices quoted in the prematurely ended RAP will be binding on all the

bidders for consideration, if the restarted RAP does not trigger within the stipulated time. A provision to

this effect should be made in the NIT.

r) Disruption and restarting of RAP shall be intimated to all the bidders through system/SMS/e- mail through e

procurement portal. All the time stipulations of normal RAP will be applicable to the restarted RAP.

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s) Since, reverse auction is a sequel to e-Tender, the process of finalizing the tender upon completion of

reverse auction will be same as the tender process without reverse auction.

16. Evaluation by SYSTEM: The e-Procurement System will evaluate the Technical bids automatically on the

basis of relevant data provided by bidder through a form in an objective and structured manner while submitting

bid. If the parameter given by bidder in objective and structured manner does not confirm to required eligibility

criteria as specified in the tender document then the bid will be automatically rejected by the system. The

system will automatically upload the technical opening summary and technical evaluation summary.

Acceptance of Bidder in a general form of online declaration will be recognized and accepted as the

certification regarding authenticity of all the information and documents furnished by them online and

acceptance of all terms and conditions of the bid document, since such acceptance by Bidder with Digital

Signature Certificate is legally tenable.

17. Evaluation by EVALUATOR:

A. After opening of Bid/Auction Bid, the documents submitted by L-1 bidder in Cover-I as enlisted in the NIT

will be downloaded by the Evaluator and shall be put up to the Tender Committee. The Tender Committee

will examine the uploaded documents against information/declarations furnished by the L1 bidder online. If

it confirms to all of the information/ declarations furnished by the bidder online and does not change the

eligibility status of the bidder then the bidder will be considered eligible for award of Contract.

B. In case the Tender Committee finds that there is some deficiency in uploaded documents by L1 bidder then

the same will be specified online by Evaluator clearly indicating the omissions/shortcomings in the

uploaded documents and indicating start date and end date allowing 10 days (10 x 24 hours) time for online

re-submission by L1 bidder. The L-1 bidder will get this information on their personalized dash board under

“Upload confirmatory document” link. Additionally, information shall also be sent by system generated

email and SMS, but it will be the bidder’s responsibility to check the updated status/information on their

personalized dash board regularly after opening of bid. No separate communication will be required in this

regard. Non-receipt of e-mail and SMS will not be accepted as a reason of non-submission of documents

within prescribed time. The bidder will upload the scanned copy of all those specified documents in support

of the information/ declarations furnished by them online within the specified period of 10 days. If the L1

bidder fails to submit the specified document/s in 10 (Ten) days, 10 more days (10 x 24 hours) of time may

be given by Evaluator clearly indicating the omissions/shortcomings in the uploaded documents and

indicating start date and end date for submission of such document/s.

C. The tender will be evaluated on the basis of documents uploaded by L-1 bidder online. The L-1 bidder is

not required to submit hard copy of any document through offline mode. Any document submitted offline

will not be given any cognizance in the evaluation of tender.

D. In case the L-1 bidder submits requisite documents online as per NIT, then the bidder will be considered

eligible for award of Contract.

E. In case the L-1 bidder fails to submit requisite documents online as per NIT or if any of the

information/declaration furnished by L-1 bidder online is found to be wrong by Tender Committee during

evaluation of scanned documents uploaded by bidder, which changes the eligibility status of the bidder then

his bid shall be rejected and EMD of L-1 bidder will be forfeited.

F. In case the L1 bidder is rejected due to noncompliance of confirmatory documents then the L-2 bidder will

become L-1 bidder and confirmatory documents of this bidder shall be evaluated by TC and the process

shall be followed as mentioned in clause no. A to E above.

G. The process as mentioned at Cl. 17 F would be repeated till the work is either awarded or all the eligible

bidders are exhausted.

H. It is responsibility of Bidders to upload legible/clearly readable scanned copy of all the required documents

as mentioned above.

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I. The Tender Committee will recommend for award of work to the successful bidder after evaluating their

technical eligibility based on the computer generated evaluation sheets followed by evaluation of the

scanned documents uploaded by L-1 bidder in support of the information furnished by them online and after

evaluation of the reasonableness of L-1 rates.

J. After competent approval and financial concurrence of TCR, the work order to the L-1 bidder will be issued

and the scanned copy of the Work Order will be uploaded on the e-Procurement portal and simultaneously

the original copy will be sent to the bidder through registered/speed post.

18. CHECK LIST of Documents (To be uploaded by all the Bidders):

Sl.

No.

Eligibility Criteria Scanned copy of documents (SELF ATTESTED) , to be uploaded by

bidders in support of information/ declaration furnished online by

the bidder against Eligibility Criteria as Confirmatory Document.

1. WORK EXPERIENCE

(Ref. Clause No.13 (A) of NIT)

For work experience bidders required to submit Satisfactory Work

Completion Certificate issued by the employer against the Experience

of similar work containing all the information as sought online. In

case of Sub- contractor suitable document as per provision of

eligibility, if applicable.

Work order, BOQ and/or TDS may be sought during clarification or

along with deficient documents. Along with Work Order & TDS

certificate.

2. FINANCIAL TURNOVER

(Ref. Clause No. 13(B) of NIT)

Financial Turnover certificate for last 3 (Three) financial years issued

by a Practicing Chartered Accountant having a membership number

with Institute of Chartered Accountants of India.

(In case of JV, turnover certificate for each individual partner of JV)

13

3. SERVICE TAX

(Not Applicable for Exempted

Services)

(Ref. Clause No.13 (C) of NIT)

The bidder should be either a Small

Service Provider and exempted for

service tax registration and/or

exempted from payment of service

tax but a Body Corporate

OR

Small Service Provider and

exempted for service tax

registration and/or exempted from

payment of service tax but not a

Body Corporate

OR

A Body Corporate

OR

Other than above three categories

Any one of the following documents depending upon the status w.r.t

Service Tax as declared by Bidder in the BOQ sheet:

I) Status: Small Service Provider and exempted from Service Tax

Registration and/or exempted from payment of Service Tax but a

Body Corporate:

Document: 1. A Certificate from a practicing Chartered Accountant

having a membership number that the bidder is a Small Service

Provider and exempted for Service Tax Registration and/or exempted

from payment of Service Tax And

2. The Certificate of Incorporation

II) Status: Small Service Provider and exempted for service tax

registration and/or exempted from payment of service tax but not a

Body Corporate:

Document: A Certificate from a practicing Chartered Accountant

having membership number that the bidder is a Small Service Provider and

exempted for Service Tax Registration and/or exempted from payment of Service Tax.

III) Status: A Body Corporate:

Document: The Service Tax Registration Certificate issued by

Central Excise and Custom Department, Govt. of India.

IV) Status: Other than above three categories: Document: The Service Tax Registration Certificate issued by

Central Excise and Custom Department, Govt. of India.

(In case of JV a certificate from a practicing Chartered Accountant having

membership number confirming the status of JV w.r.to Service Tax).

4. LEGAL STATUS OF THE

BIDDER

(Ref. Clause No.13 (D) of NIT)

Any one of the following document: I) Affidavit or any other document to prove

proprietorship/individual status of bidder.

II) Partnership deed containing name of partners.

III) Memorandum & Article of Association with certificate of

incorporation containing name of bidder.

IV) Joint Venture agreement containing name of partners and lead

partner, Power of Attorney to the Lead Partner and share of each

partner. 5. VALID PERMENANT

ACCOUNT NUMBER (PAN)

(Ref. Clause No. 13(E) of NIT)

PAN card issued by Income Tax department, Govt. of India. (In case of JV, PAN card for each individual partner of JV)

6. VALID DIGITAL SIGNATURE

CERTIFICATE (DSC)

(Ref. Clause No. 13(F) of NIT)

If the bidder himself is the DSC holder bidding online then no

document is required. However, if the DSC holder is bidding online

on behalf of the bidder then the Power of Attorney or any sort of

legally acceptable document for the authority to bid on behalf of

the bidder.

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7. VALID VAT/SALES TAX

REGISTRATION ON WORKS

CONTRACT (Applicable to Works Contracts).

(Ref. Clause No. 13(G) of NIT)

V A T/Sales T ax Registration Certificate on works contract from any

Indian State/UT.

(In case of JV, VAT/S.T. Registration certificate for each individual

partner of JV)

8. VALID ELECTRICAL LICENSE

(For Electrical Works only)

(Ref. Clause No. 13(H) of NIT)

Valid Electrical Contractor’s License issued by Electrical Licensing

Board/Authority of any Indian State/UT, in accordance with IE Rule-

45.

(In case the bidder is a Joint Venture, at least one partner of JV should

possess the valid Electrical Contractor’s License issued by Electrical

Licensing Board/Authority of any Indian state, in accordance with IE

Rule-45.)

9. VALID CMPF/EPF NO.

(Ref. Clause No. 13(I) of NIT)

CMPF/EPF Registration Certificate issued by Competent Authority.

10. An undertaking regarding genuineness of the information furnished by him online and authenticity of the

scanned copy of documents uploaded by him online in support of his eligibility, as per the format given at

Annexure-I.

11. Any other document to support the qualification information as submitted by bidder online.

NOTE: Only one file in .pdf format can be uploaded against each eligibility criteria. Any additional/ other

relevant documents to support the information/declaration furnished by bidder online against eligibility

criteria may also be attached by the bidder in the same file to be uploaded against respective eligibility

criteria.

19. 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 or a public limited firm. A Bidder who submits or

participates in more than one Bid (other than as a sub-contractor or in cases of alternatives that have

been permitted or requested) will cause all the proposals with the Bidder’s participation to be disqualified.

20. Refund of EMD:

a. If EMD is paid by the bidder in online mode (Direct Debit/NEFT/RTGS) then the EMD of rejected

bidders will be refunded at any stage directly to the account from where it had been received (except the

cases where EMD is to be forfeited).

b. No claim from the bidders will be entertained for non-receipt of the refund in any account other than

the one from where the money is received.

c. If the refund of EMD is not received by the bidder in the account from which the EMD has been made

due to any technical reason then it will be paid through conventional system of e-payment. For this

purpose, if required, Tender Inviting Authority will obtain the Mandate Form from the Bidder.

d. In case the tender is cancelled then EMD of all the participating bidders will be refunded unless it is

forfeited by the department.

e. If the bidder withdraws his/her bid online (i.e. before the end date of submission of tender) then

his/her EMD will be refunded automatically after the opening of tender.

f. The EMD of successful bidder (on Award of Contract) will be retained by ECL and will be adjusted to

Performance Security Deposit. However, EMD deposited by the L-1 bidder shall be refunded when the

bidder furnishes the required Performance Security Deposit (PSD) and sign the agreement.

21. Every Tenderer is expected, before quoting his rates, to go through the requirements of

materials/workmanship under specification/requirements and conditions of contract and to inspect the

site/area of the proposed work at his own cost.

15

It shall be deemed that the tenderer has visited the site/area and got fully acquainted with the

working conditions and other prevalent conditions and fluctuations thereto whether they actually visited

the site/area or not and have taken all the above factors into account while quoting his rates.

22. All Duties taxes and other levies, payable by the contractor (Excluding Service Tax) under the contract

or for any other cause as applicable on the last date of submission of tender shall be included in the rates,

prices and the total bid price submitted by the bidder. All incidentals, overheads etc. as may be attendant

upon execution and completion of works shall also be included in the rates, prices and total bid price

submitted by the bidder

However, such duties, taxes, levies etc. which is notified after the last date of submission of tender

and / or any increase over the rate existing on the last date of submission of tender shall be reimbursed

by the company on production of documentary evidence in support of payment actually made to the

concerned authorities.

The company reserves the right to deduct/withhold any amount towards taxes, levies, etc. and to deal

with such amount in terms of the provisions of the Statute or in terms of the direction of any statutory

authority and the company shall only provide with certificate towards such deduction and shall not be

responsible for any reason whatsoever.

23. Cost of Bidding: The bidder shall bear all costs associated with the preparation and submission of his

bid and the Employer will in no case be responsible and liable for those costs.

24. The Tenderer shall closely study all specifications in detail, which govern the rates for which he is

tendering.

25. Currencies of Bid and Payment: The unit rates and prices shall be quoted by the Bidder entirely in

Indian Rupees (INR) only.

26. The work should be completed within the stipulated period which shall be reckoned from the 10th

day of

issue of Letter of Acceptance/work order or from the actual date of handing over the site or handing over

reasonable number of working drawings to the contractor, whichever is later.

27. On completion of the work all rubbish, debris, brick bats etc. shall be removed by the contractor(s) at

his/their own expense and the site cleaned and handed over to the company and he/they shall intimate

officially of having completed the work as per contract.

28. The Tenderer(s) will deploy sufficient number and size of equipments/machineries/vehicles and the

technical/ supervisory personnel required for execution of the work.

29. Change in Constitution of the Contracting Agency: Prior approval in writing of the company s h a l l

be obtained before any change is made in the constitution of the contracting agency, otherwise it will be

treated as a breach of Contract.

30. Canvassing in connection with the tenders in any shape or form is strictly prohibited and tenders

submitted by such tenderers who resort to canvassing shall be liable for rejection.

31. The Bidder, who’s Bid has been accepted, will be notified of the award online and also by registered

post by the employer prior to expiration of the bid validity period. The L-1 bidder will get the

information regarding award of work on their personalized dash-board online. On receipt of Letter for

Acceptance (LOA)/Work Order of the tender issued by the Company, the successful tenderer shall

execute contract agreement in the company's prescribed form for the due fulfillment of the contract.

Failure to enter into the required contract within the specified period in the work order shall entail

cancellation of LOA/work order and forfeiture of the Earnest Money. The written contract to be entered

into between the contractor and the company, shall be the foundation of the rights of both the parties and

the contract shall not be deemed to be executed until the contract is signed by both the parties i.e.

Contractor and the Company.

16

32. Bid Validity: The validity period of the tenders shall be 120 (One Hundred and Twenty) days from

the end date of bid submission.

In exceptional circumstances, prior to expiry of the original time limit, the Employer may request the

bidders to extend the period of validity for a specified additional period. The employer’s request and the

bidder’s responses shall be made in writing. A bidder may refuse the request without forfeiting his bid

security. A bidder agreeing to the request will not be required or permitted to modify his bid but will be

required to extend the validity of his bid security/EMD (if submitted in the form of BG) for a period of

the extension and in compliance with Clause 4 of NIT in all respects.

The Tenderer shall not, during the said period or within the period extended by mutual consent, revoke

or cancel his tender or alter the tender or any terms/conditions thereof without consent in writing of the

company. In case the tenderer violates to abide by this, the Company will be entitled to take action as per

Clause No. 33 (Modification and Withdrawal of Bid) of NIT.

33. Modification and Withdrawal of Bid:

Modification of the submitted bid shall be allowed online only before the deadline of submission of

tender and the bidder may modify and resubmit the bid online as many times as he may wish.

Bidders may withdraw their bids online within the end date of bid submission and their EMD

will be refunded. However, if the bidder once withdraws his bid, he will not be able to resubmit the bid

in that particular tender. For withdrawal of bid after the end date of bid submission, the bidder will have

to make a request in writing to the Tender Inviting Authority. Withdrawal of bid may be allowed

till issue of work order/LOA with the following provision of penal action:

i. The EMD will be forfeited

ii. The bidder will be debarred for 1 Year from participating in tenders in ECL.

The Price-bid of all eligible bidders including this bidder will be opened and action will follow as

under:

• If the bidder withdrawing his bid is other than L 1, the tender process shall go on.

• If the bidder withdrawing his bid is L-1, then re-tender will be done.

Note:

i. In case of clause above, a letter will be issued to the bidder by Tender Inviting Authority with the

approval of Tender Accepting Authority (in case Board is Tender Accepting Authority then with the

approval of CMD), stating that the EMD of bidder is forfeited, and this bidder is debarred for 1 (One)

year from participating in tenders in ECL.

This letter will be circulated to all Areas and ECL, HQ and the updated list will be maintained by all

Tender Inviting Authority/Evaluators.

Penal action against above will be enforced from the date of issue of such order.

34. Bid Extension: If number of bids received online is found to be less than 3 (Three) on end date of bid

submission then the following critical dates of the Tender will be automatically extended initially for a period

of 2 (Two) days ending at 17.00 hrs and if the number of bids still remains less than three then for another

5 (Five) days ending at 17.00 hrs:

i) Last date of submission of Bid

ii) Last date of receipt of EMD

iii) Date of opening of Tender

17

35. Additional performance security (applicable for item rate as well as percentage rate works): Additional

performance security shall be applicable if the bid price is below 15% of the justified price finalized by

the owner. The amount of such additional performance security shall be the difference between 85% of

the justified price finalized by the owner and quoted price. Justified price shall be based on prevalent

market rate of materials and labour, analysed as per standard analysis of rate of CPWD/ NBO, and shall

be binding on the bidder. Additional performance security shall be furnished by bidder along with

normal performance security. Failure to submit such additional performance security may result into

termination of the contract. This additional performance security will not carry any interest and shall be

released in the following manner:

i) 30% of Additional performance security will be released after 60% of the total work is completed.

ii) 50% of Additional performance security will be released after 80% of the total work is completed.

iii) 100% of Additional performance security will be released after total work is completed.

Additional performance security may be furnished in the shape of BG or any of the forms as applicable for

performance security.

If any of the above extended Dates falls on Holiday i.e. a non-working day as defined in the e-Procurement Portal

then the same is to be rescheduled to the next working day. This extension will be also applicable in case of receipt

of zero bid.

36. The Company reserves the right to postpone the date of receipt and opening of tenders or to cancel the

tenders without assigning any reason whatsoever.

37. The Company reserves its right to allow Public Enterprises purchase preference facility as admissible under prevailing policy.

38. This Tender Notice shall be deemed to be part of the Contract Agreement.

39. No subletting of work as a whole by the contractor is permissible. Subletting of work in piece rated jobs is permissible with the prior approval of the department.

40. If the Tenderer gets the work order he will have to submit VAT Registration certificate on works contract from the state of West Bengal, before execution of agreement.

41. The Quoted Rate shall be inclusive of the completed work including manufacturing, supplying,

installation, commissioning of the dust suppression system with required civil ,Electrical and any

other item of work not specifically mentioned in the specification but required for safe and proper

operation of the system including all other taxes except Service tax. So the rate should be quoted

accordingly.

42. The Tenderer shall have to ensure implementation of CMPF/EPF, in respect of the workers deployed by him as detailed in the tender document.

43. The other terms and conditions of NIT not covered under this document will be as per the Manual of Civil Engineering works (MCEW) of CIL and Manual for e-Procurement for works and services in CIL, which may be seen on www.coalindia.in and www.easterncoal.nic.in .

44. Payment of wages including CMPF/EPF, ESI etc. to workmen as per Minimum Wages Act (Relevant/Applicable) has to be made through Nationalized Bank only. The Service Tax will be applicable as per extent rule.

45. The Company does not bind itself to accept the lowest tender and reserves the right to reject any or all the tenders without assigning any reasons whatsoever and to split up the work between two or more tenderers or accept the tender in part and not in its entirety.

46. Other details may be obtained from the General Terms and Conditions and additional Terms and Conditions, which also Uploaded along with NIT.

47. Matters relating to any dispute or difference arising out of this tender and subsequent contract awarded

18

based on this tender shall be subject to the jurisdiction of District Court, where the subject work is to be executed.

48. Site Visit: The Bidder, at the Bidder’s own responsibility, cost and risk, is encouraged to visit and

examine the Site of works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for execution of the works. The cost of visiting the Site shall be at the Bidder’s own expense.

49. Integrity Pact (Applicable for ECV Rs. 2 Crore & Above): The bidders are requested to go through the

integrity pact which is a part of the tender document. Name, address of the Independent External Monitor.

Name, address & contact No. of the Independent External Monitors:

Sl. No. Name Address

1. Sri J N Mishra, IAS (Retd.)

e-mail : [email protected]

2/77, Vijay Khand, Gomti Nagar, Lucknow-

226010

Mobile: 09452775435, 08009007744

2. Sri Rakesh Jaruhar.

e-mail : [email protected]

Sector- B/9, Flat No. 6457,

Vasant Kunj,

New Delhi- 110070,

Phone No. 011-26134334, Mob. 09868540828

-SD- General Manager

Sodepur Area

19

USER PORTAL AGREEMENT

e-Tender Portal User Agreement

In order to create a user account and use the e-Tender portal you must read and accept this e-Tender portal User

Agreement.

A. UNDERTAKINGS TO BE FURNISHED ONLINE BY THE BIDDER

I DO HEREBY UNDERTAKE

1. That all the information being submitted by me/us is genuine, authentic, true and valid on the date of submission of

tender and if any information is found to be false at any stage of tendering or contract period I/We will be liable to the

following penal actions apart from other penal actions prescribed elsewhere in the tender document.

a. Cancellation of my/our bid/contract(as the case may be)

b. Forfeiture of EMD

c. Punitive action as per tender document

2. That I/we accept all terms and condition of NIT, including General Terms and Condition and Special/Additional

Terms and Condition as stated there in the tender document as available on the website.

3. That I/we accept the Integrity Pact as given in the tender document (if applicable).

4. That I/we am/are giving my/our consent for e-payment and submitting/shall submit the mandate form for e-payment in

the format as prescribed in the document in case, the work is awarded to us.

5. That I/we do authorize CIL/subsidiary for seeking information/clarification from my Bankers having reference in this

bid.

6. That I/we will upload original/certified photo/scanned of all the relevant documents as prescribed in the tender

document in support of the information and data furnished by me/us online.

7. I/We confirm that I/We have not been banned or de-listed by any Govt. or Quasi Govt. agencies or PSUs. In case We

are banned or delisted this information shall be specifically informed to the tender issuing authority.

8. That I/We accept all the undertakings as specified elsewhere in the tender document.

9. That this online agreement will be a part of my bid and if the work is awarded to me/us, this will be a part of our

agreement with CIL/subsidiary Company.

B. TERMS AND CONDITIONS O F E-TENDER SERVICES AGREEMENT

COPY RIGHT NOTICE. Copyright©2013, Coal India Limited, India. All rights reserved.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,

IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR

SOFTWARE.

You may print and download portions of material from the different areas of the website solely for your own non-

commercial use provided that you agree that you shall not change or delete any copyright or proprietary materials from the site.

www.coalindiatenders.nic.in is an e- procurement portal of Coal India Limited/it’s Subsidiary.

-1-

20

THIS E-TENDER PORTAL AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE

USERS TERMS AND CONDITIONS SET FORTH BELOW.

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOU MAY NOT COMPLETE YOUR

REGISTRATION AND USE THE E-TENDER PORTAL WITHOUT AGREEING TO COMPLY WITH ALL

OF THE TE RMS AND CONDITIONS SET FORTH BELOW.

BY REGISTERING THE USER NAME AND PASSWORD, YOU AGREE TO ABIDE BY ALL THE TERMS

AND CONDITIONS SET FORTH BELOW.

Bidder Registration, Password and Security

Upon successful completion of Registration online, User ID and Password will be registered. You can login, only by

giving valid User ID and Password and then signing with your valid Digital Signature Certificate.

The Online registration/enrollment of bidder on the portal should be done in the name of the bidder.

The person whose DSC is attached to the Registered Bidder should be either the bidder himself or, duly authorized by

the Bidder.

User ID and password are strictly personal to each Authorised User and non-transferable. The User shall ensure that its

Authorised Users do not divulge or disclose their user ID or password to third parties. In the event that the Authorised

User comes to know that the User ID/ Password has been /might have been divulged, disclosed or discovered by any

third p arty, user or its authorized user shall immediately modify the password using “Change password” option.

CIL/subsidiary will have no responsibility or obligation in this regard.

At the time of enrollment in the e-Tendering portal of CIL/its Subsidiaries, the Bidders should ensure that the status of

DSC is active on this site. Th e activation of newly issued DSC may take 24 hrs or more. Hence Bidders who are

obtaining new DSC should register at least 24 hrs before the submission of Bid.

By registering in this portal you forthwith assume the responsibility for maintaining the confidentiality of the Password

and account, and for all activities that occur under your Password or Account. You also agree to (a) immediately notify

by e-mail to Application Administrator/Nodal officer, of any unauthorized use of your Password or Account or any

other breach of security, and (b) ensure that you log-out from your account at the end of each session. CIL/its

Subsidiaries shall not be liable for any loss or damage caused to you due to your failure to comply with the foregoing.

Registered user can modify or update some of the information in their profile as and when required at their own

discretion. However some information such as “User ID” are protected against changes by Bidder after enrollment and

some other information such as “Bidder Name” etc. are protected against changes by Bidder after bid submission.

Modification of software With consent of Project Advisory Committee, e-procurement of CIL, the Administrator of e-Tender portal, reserves the

right to modify, add, delete and/or change the contents , classification and presentation of the information on the

marketplace at any time as it may in its absolute discretion find to be expedient and without giving any notice. It is the

users responsibility to refer to the terms and/or any change or addition to the same while accessing the site.

Coal India Limited reserves right to interrupt/suspend the availability of the e-Tender system without any notice to the

users.

System Requirements It is the users responsibility to comply with the system requirements: hardware, software, Internet connectivity at user premises to access the e-Tender portal as mentioned in the home page in the link „resources required.

Under any circumstances, CIL shall not be liable to the Users for any direct/indirect loss incurred by them or damages

caused to them arising out of the following:

(a) Incorrect use of the e-Tender System,

or

(b) Internet Connectivity failures in respect of the equipment’s used by the Users or by the Internet Service Providers,

or (c) Inability of the Bidder to submit their bid due to any DSC related problems, hardware, software or any other factor

which are personal/ special/ local to the Bidder.

Contents of Tender Information

21

Tenders shall be published by the authorized Tender Inviting Authorities of the respective Tendering entities of

CIL/subsidiary. In case of any clarifications arising out of the tenders, the users have to contact the respective

Tender Inviting Authority.

Bid Submission Acknowledgement The User should complete all the processes and steps required for Bid submission. The successful Bid submission can be

ascertained once acknowledgement is given by the system through Bid Submission number i.e. Bid ID, after

completion of all the processes and steps. Coal India Limited/Subsidiary is not responsible for incomplete bid submission

by users. Users may also note that the incomplete bids will not be saved by the system and so the same will not be

available to the Tender Inviting Authority for processing.

The acknowledgment is the only confirmation of submission of bid, which the bidder can show as a proof of

participating in the tender. Other than this acknowledgement, no proof will be considered as a confirmation to the

submission of a bid. If the bidder fails to produce this acknowledgement required for verification in case of dispute, his

claim for submission of b id may not be considered.

Upload files The bidders have to ensure that the files being uploaded by them are free from all kinds of viruses and contain only the

relevant information as stated by the Tender Inviting Authorities for the particular tender. It is not obligatory on the part

of CIL/subsidiary to read each and every document uploaded by the Bidder. If any bidder / company has uploaded /

attached irrelevant data, bogus or fabricated certificates towards his qualification requirements to the respective tender

then their User account will be liable for termination permanently or temporarily by CIL/subsidiary without any prior

notice.

User Conduct You agree that all information, data, text, software, photographs, graphics, messages or other materials (“Content”),

whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content is

originated. This means that you are entirely responsible for all Content that you upload, post, email or otherwise transmit

via the e-Tender portal.

CIL/subsidiary does not control the Content posted via the e-Tender portal and, as such, does not guarantee the accuracy,

integrity or quality of such Content. Hence under no circumstances, CIL/subsidiary is liable in any manner for any

Content, including, bu t not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind

incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Site.

Amendments to a tender published: You agree that the CIL/ Subsidiary companies reserves the right to re-tender/cancel a tender or extend the closing date or

amend the details of tender at any time by publishing corrigendum as applicable.

Special Admonitions for International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online content and

acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical

data to and from India or the country in which you reside.

Links The Site may provide, links to other World Wide Web sites or resources. Because CIL/subsidiary has no control over

such sites and resources, you acknowledge and agree that the CIL/Subsidiary is not responsible for the availability of

such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising,

products, or other materials on or available from such sites or resources. You further acknowledge and agree that the CIL/subsidiary shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be

caused by or in connection with use of or reliance on any such Content, Goods or Services available on or through any

such site or resources.

Miscellaneous This Agreement shall all be governed and construed in accordance with the laws of India & applicable to agreements

made and to be performed in India. The e-Tender portal's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct

between the parties nor trade practice shall act to modify any provision of this Agreement. CIL/subsidiary may assign its

rights and duties under this Agreement to any party at any time Without notice to you. Any rights not expressly granted

herein are reserved.

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Governing Law Terms shall be governed by, and construed in accordance with, Indian law. The parties agree that the principal civil court of the place where the registered office of Coal India/Subsidiary company is situated shall have non-exclusive

jurisdiction to entertain any dispute with Coal India/Subsidiary company. In case of dispute being with a regional

Institute of CMPDIL, the principle Civil Court where the said regional Institute is situated shall be place of suing.

CIL/subsidiary reserves the right to initiate any legal action against those bidders violating all or any of the above

mentioned terms & conditions of e-Tender services agreement.

Modification of terms of Agreement CIL/its Subsidiaries reserves the right to add to or change/modify the terms of this Agreement. Changes could be made

by us after the first posting to the Site and you will be deemed to have accepted any change if you continue to access the

Site after that time. CIL/its Subsidiaries reserves the right to modify, suspend/cancel, or discontinue any or all services/

make modifications and alterations in any or all of the content, at any time without prior notice.

Policy and Security General Policy CIL/its Subsidiaries is committed to protecting the privacy of our e-Tender site visitors. CIL/subsidiary does not collect

any personal or business information unless you provide it to us voluntarily when conducting an online enrolment, bid

submission etc. or any other transaction on the Site.

Information Collected When you choose to provide personal or business information to us to conduct an online transaction, we use it only for

the purpose of conducting the specific online transaction that you requested. The information is also used for the purpose

of vendor searches. For each online transaction, we require only a minimum amount of personal and business

information required to process your transaction.

When you visit our portal to browse, read pages, or download information, we automatically collect and store only the

following information:

· The Internet domain and IP address from which you access our portal;

· The date and time you access our portal;

· The pages you visit This information would help us to make our site more useful to visitors and to learn about the

number of visitors to our site and the types of technology our visitors use.

We do not give, share, sell or transfer any personal information to a third party unless required to do so by law. If you do

not want any personal or business information to be collected, please do not submit it to us; however, without this

required information we will be unable to process your online bid submission or any other online transaction. Review,

update and correction of any personal or business information can be done directly on the Site.

Use of Cookies When you choose to enter into an online transaction, we use cookies to save the information that you input while

progressing through the transaction. A cookie is a very small amount of data that is sent from our server to your

computer’s hard drive. By enabling this feature, the cookie will remember the data entered by you and next time when

you visit this site, the data stored in the cookie will be available in future.

Security The Site has security measures in place to protect against the loss, misuse and alteration of information under our control.

END

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GENERAL TERMS AND CONDITIONS

1. Definitions

i) "Employer" or "Company” means the Eastern Coalfields Limited who will employ the contractor represented by the appropriate authority.

ii) "Principal Employer" means the Eastern Coalfields Limited or the officer nominated by the Company to function on its behalf.

iii) The word "Contractor/ Contractors" wherever occurs means the successful tenderer/ tenderers who has/have deposited the necessary Earnest money and has/have been given written intimation about the acceptance of tender and shall include legal representative of such individual or persons composing a firm or a company or the successors and permitted assignees of such individual, firm or Company, as the case may be.

iv) "Site" means the land and places including any building and erection thereon, over, under, in or through which the Permanent works or Temporary works designed by the Security/Engineer in Charge are to be executed and any other lands and places provided by the Employer for working space or any other purpose as may be specifically designated in the Contract as forming part of the site.

v) The term "Sub-Contractor" as employed herein, includes those having a direct contract with Contractor either on piece rate, item rate, time rate or any other basis and it includes one who furnishes work to a special design according to the plans or specifications of this work but does not include one who merely supplies materials.

vi) "Accepting Authority" shall mean the management of the company and includes an authorized representative of the company or any other person or body of persons empowered in this behalf by the company.

vii) "Security-in-charge/Engineer-in-charge" shall mean the officer nominated by the company in the Security/Engineering cadre/ discipline who is competent to direct supervisors and authorized to be in charge of the works for the purpose of this contract. The Security/Engineer in Charge /Designated Officer in Charge, who is of an appropriate seniority, will be responsible for supervising and administering the contract, certifying payments due to the contractor, valuing variations to the contract, awarding extension of time and valuing compensation events. The Security/Engineer in Charge /Designated Officer in Charge may further appoint his representatives i.e. another person/Project Manager or any other competent person and notify to the contractor who is directly responsible for supervising the work being executed at the site, on his behalf under their Delegation of Powers of the company. However, overall responsibility, as far as the contract is concerned, will be that of the Security/Engineer in Charge/Designated Officer in Charge.

viii) The "Contract" shall mean the notice inviting tender, the tender as accepted by the Company, the work order issued to the contractor, and the formal contract agreement executed between the company and the contractor together with the documents referred to therein including general terms and conditions, special conditions, if any, scope of work, frozen terms & conditions/technical parameters/scope of work and revised offer, if any, specifications, drawings, including those to be submitted during progress of work, schedule of quantities with rates and amounts.

ix) A "Day" shall mean a day of 24 hours from midnight to midnight.

x) The "Work" shall mean the works required to be executed in accordance with the contract/work order or parts thereof as the case may be and shall include all extra or additional, altered or substituted works or any work of emergent nature, which in the opinion of the Security/Engineer-in-charge, become necessary during the progress of the works to obviate any risk or accident or failure or become necessary for security.

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xi) "Schedule of Rates” referred to in this conditions shall mean the standard schedule of rates prescribed by the company and the amendments issued from time to time.

xii) "Contract amount" shall mean: a) in the case of turnkey contracts the total sum for which tender is accepted by the company. b) in the case of other types of contracts the total sum arrived at based on the individual rates quoted by the tenderer for the various items shown in the "Schedule of Quantities" of the tender document as accepted by the Company with or without any alteration as the case may be.

xiii) "Written notice" shall mean a notice or communication in writing and shall be deemed to have been duly served if delivered in persons to the individual or to a member of the contractors firm or to an office of the company for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice.

xiv) "The constructional plant" means all appliances, tools, plants or machinery or whatsoever nature required in or about the execution, completion or maintenance of the works but does not include materials or other things intended to form part of the permanent work.

xv) "Letter of Acceptance of Tender" means letter giving intimation to the tenderer that his tender has been accepted in accordance with the provisions contained in that letter.

xvi) "Department" means the E&M Department ofSodepur AreaECL Limited or any of its units represented by the appropriate authority.

xvii) "Act of insolvency" means as it is designed by Presidency Town Insolvency Act or Provincial Insolvency Act or any act amending such originals.

xviii) The words indicating the singular only also include the plural and vice-versa where the context so requires.

2. Contract Documents:

The following documents shall constitute the contract documents: i) Notice Inviting Tender/Detailed Tender Notice. ii) Articles of Agreement / Letter of Acceptance of Tender/ Work Order. iii) General Terms & Conditions of contract/Commercial Terms & Conditions of contract. iv) Additional Terms & Conditions of contract, if any. v) Specifications. vi)Schedule of quantities (or Bill of Quantities)/ Schedule of work/ Scope of work and schedule of deviation (to be provided by the contractor.) vii) Frozen terms & conditions / technical parameters/ scope of work and revised offer, if any. viii) Contract drawings and work programme. ix) Safety Code etc. forming part of the tender.

N.B. Deviations: Deviations sought by the bidders, whether they are technical or commercial deviations, must only be given in the schedules prescribed for them. Any willful attempt by the bidders to camouflage the deviations by giving them in the covering letter or in any other documents than the prescribed schedules may render the bid itself as non-responsive.

2.1 The contractor shall enter into and execute contract agreement in the prescribed Performa available with the Department. The cost of the stamp papers for the contract agreement shall be borne by the contractor. Two sets of contract document/agreements shall be prepared and signed by both the parties one of the sets shall be stamped "Original" and the other "Duplicate". The duplicate copy will be supplied to the contractor free of cost and the original is to be retained by the company. For any additional copies required by the contractors the price to be charged would be that of the cost of the Tender Document (Application Fee).

All additional copies should be certified by the Security/Engineer in Charge.

The contractor shall keep copy of these documents on the site/place of work in proper manner so that these are available for inspection at all reasonable times by the Security/Engineer-in-charge, his representatives or any other officials authorized by the company for the purpose.

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2.2 The contract document shall not be used by the contractor for any purpose other than this contract and

the contractor shall ensure that all persons employed for this contract strictly adhere to this and

maintain secrecy, as required of such documents.

2.3 Tender Evaluation: After opening the technical bid the acceptance of Application fee and EMD(as per NIT) by Tender Committee will be entered online by the Bid Opener of tender publishing department (Evaluator of tender).

Evaluation sheets generated by the system on-line shall be downloaded during opening of Part-I

(Technical-bid) and shall be placed before the Tender Committee for validation. The Tender

Committee will validate the on-line evaluation of Technical bid based on the information furnished by

bidder on-line. The system generated evaluation sheets shall be authenticated by Tender Committee

and shall be kept in the TCR file. The brief Tender Committee Recommendation based on the on-line

evaluation will be made for opening of Price bid of eligible bidders. The Part-I TCR will not require

any approval of the accepting authority of the tender. The summary of technical evaluation (Part-I

TCR) with the names of eligible bidders and the brief reasons for disqualification of unsuccessful

bidders (if any) along with the date of Price-bid opening will be uploaded by the Evaluator of Tender.

Date of Price-bid opening shall be kept one day after the date of uploading of the summary of

technical evaluation. All the bidders will get this information on their personalized dash-board.

Additionally, information shall also be sent by system generated e-mail and SMS, but it will be the

bidder’s responsibility to check the updated status/information on their personalized dash board at

least once daily after opening of bid. The Part-I TCR will be a part of the final TCR to be processed

for approval of the competent authority.

After acceptance and authentication of evaluation of Part-I (Technical-bid) all the bidders will get the

information regarding their eligibility on their personalized dash-board on-line and also by system

generated e-mail and SMS. The summary of evaluation result with the names of eligible bidders and

the brief reasons for disqualification of unsuccessful bidders will be displayed on the Portal. The brief

reasons for disqualification will be uploaded by Tender Publishing authority based on the TC

recommendation.

2.4 Acceptance of Offer: Letter of Acceptance is an acceptance of offer by the company and it need not be accepted by the tenderer. However, the tenderer should acknowledge the receipt of the order within 15 days of mailing of work order, any delay in acknowledging the receipt will be treated as a breach of contract, and the company by forfeiting EMD will declare compensation for the loss caused by such breach.

2.4 Banned or delisted Contractors: The bidder would give a declaration (as per enclosed proforma for Affidavit) that they have not been banned or de-listed by any Govt. or Quasi Govt. agencies or PSU’s. If a bidder has been banned or de-listed by any Govt. or Quasi Govt. agencies or PSU’s, this fact must be clearly stated and it may not necessarily be a cause for disqualification. If the declaration is not given, the bid will be rejected as non-responsive.

3. Discrepancies in contract documents & Adjustments thereof

The documents forming part of the contract are to be treated as mutually explanatory of one another and in case of discrepancy between schedule of quantity, the specifications and/or drawing, the following order of preference shall be observed;

• Description in Bill of Quantities of work. • Particular specification and special conditions, if any • Drawings if any. • General specifications.

3.1 In the event of varying or conflicting provision in any of the document(s) forming part of the contract, the Accepting Authority's decision/clarification shall hold good with regard to the intention of the document or contract as the case may be.

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3.2 Any error in description, quantity or rate in Bill of Quantities or any omission there from, shall not vitiate the contract or release the contractor from discharging his obligations under the contract including execution of work according to the Drawings and Specifications forming part of the particular contract document.

3.3 Any difference detected in the tender/ tenders submitted resulting from: a) Discrepancy between description in words and figures, the rate which corresponds to the amount

worked out by the contractor shall be taken as correct.

b) Discrepancy in the amount quoted by the contractor due to calculation mistake of the unit rate and

quantity, the unit rate shall be regarded as firm and amount corrected.

c) When the amount of an item is not worked out by the contractor or it does not correspond with the

rates written either in figures or words, then the rates quoted by the Contractor in words shall be taken

as correct.

d) In the case of percentage rate tender, the Contractors are required to quote their rates both in

amount as well as in the percentage below/above the rates entered in the Schedule. In such cases in

the event of Arithmetical error committed in amount by the contractor, the tender percentage and not

the amount should be taken into account.

e) Discrepancy in totaling or carry forward in the amount quoted by the contractor shall be corrected. f) The tendered sum so corrected and altered shall be substituted for the sum originally tendered and considered for acceptance instead of the original sum quoted by the tenderer along with other tender/tenders. Rounding off to the nearest rupee should be done in the final summary of the amount instead of in totals of various sections of the offer.

4. Security Deposit:

4.1 Security Deposit shall be 10% of work order will have to be deposited or deducted from bill. The

security deposit shall bear no interest.

4.2 On completion of the entire work and issue of defect liability certificate (taking over certificate with a list

of defects) by the Security/Engineer-in-charge, one half of the security deposit remaining with the

company shall be refunded. The other half shall be refunded to the contractor after issue of No Defect

Certificate by the Security/Engineer-in-Charge on the expiry of Defect Liability Period of four yrs ,

subject to the following conditions:

a) Any defect/defects in the work, if detected after issue of defect liability certificate is/are rectified to

the satisfaction of the Security/Engineer-in-Charge within the said period.

c) any defect/defects in work , if detected before completion of the CMC (1+3years) is/are rectified

within the said period free of cost which is to be certified by Security in charge with technical advice

from Engineer E&M.

4.3 If the bid price is below 15% of the justified price/departmental estimate the successful bidder will

have to deposit the difference amount between 85% of the owner’s justified price and the quoted price

as additional performance security deposit.

5. Deviations/Variations in Quantities and Pricing

The quantities given in the "Schedule of Quantities" are based on estimates and are meant to indicate the extent of the work and to provide a uniform basis for tendering and any variation either by addition or omission shall not vitiate the contract.

5.1 The company through its Security/Security/Engineer in Charge or his representative shall, without radically changing the original scope and nature of the work, under contract, have power to make any alterations in or additions to or substitution of the original specifications, drawings, designs and instructions that may appear to be necessary or advisable during the progress of the work.

5.2 The contractor shall be bound to carry out the works in accordance with the instructions given to him in writing by the Security/Security/Engineer in Charge or his representative on behalf of the company. Such altered or additional or substituted work, which shall form part of the original contract, shall be carried out by the contractor on the same terms and conditions in all respects on which they agreed to do the main work and at the same rate/rates as are specified in the contract/ work-order.

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5.3 The right is reserved to cancel any items of work included in the contract agreement or portion thereof in any stage of execution if found necessary to the work and such omission shall not be a waiver of any condition of the contract nor invalidate any of the provisions thereof.

5.4 If the bid is below 15% of the justified price/departmental estimate , the successful have to deposit the difference amount between 85% of the owner’s justified price and the quoted price as additional performance security deposit.

6. Time for Completion of Contract, Extension thereof, Defaults and Compensation for Delay

Time is the essence of the contract and as such all works shall be completed within the time stipulated in the contract/ work order. Immediately after the contract is executed/the work order is issued, the Security/Security/Engineer in Charge and the contractor shall agree upon a detailed time and progress chart prepared based on BAR CHART/ PERT CPM techniques on the basis of a construction schedule submitted by the contractor at the time of executing contract showing the order in which the work is proposed to be carried out within the time specified in the contract document/work order. For the purpose of this detailed time and progress chart, the work shall be deemed to have commenced on the expiry of 10 (ten) days from the issue of Letter of Acceptance of Tender/Work Order or handing over the site of work or handing over reasonable number of working drawings to the contractor or the period of mobilization allowed in the work order for starting the work in special circumstances, whichever is later.

6.1 If the contractor, without reasonable cause or valid reasons, commits default in commencing the work within the aforesaid time limit, the company shall without prejudice to any other right or remedy, be at liberty, by giving 15 days notice in writing to the contractor to commence the work, to forfeit the Earnest Money deposited by him and to rescind the Letter of Acceptance of Tender/Work Order.

Additionally, the Company will reserve the right to debar such defaulting Contractors from participating in future Tenders for a minimum period of 1 (One) year.

6.2 If the contractor fails to maintain the required progress in terms of the agreed time and progress chart

or to complete the work and clear the site on or before the contract or extended date of completion, he

shall without prejudice to any other right or remedy available under the law to the company on

account of such breach, pay as compensation (Liquidated Damages) @ half percent (1/2%) of the

contract price per week of delay. The aggregate of such compensation/ compensations shall not

exceed 10 (ten) percent of the total value as shown in the contract.

This will also apply to items or group of items for which separate period of completion has been

specified. The amount of compensation may be adjusted or setoff against any sum payable to the

contractor under this or any other contract with the company.

6.3 The company, if satisfied, that the works can be completed by the contractor within a reasonable

time after the specified time of completion, may allow further extension of time at its discretion with

or without the levy of L.D. In the event of extension granted being with L.D, the company will be

entitled without prejudice to any other right or remedy available in that behalf, to recover from the

contractor as agreed damages equivalent to half percent of the contract value of the works for each

week or part of the week subject to a ceiling of 10% of the contract price.

6.4 The company, if not satisfied that the works can be completed by the contractor, and in the event of

failure on the part of the contractor to complete work within further extension of time allowed as

aforesaid, shall be entitled, without prejudice to any other right, or remedy available in that behalf,

to rescind the contract.

6.5 The company, if not satisfied with the progress of the contract and in the event of failure of the

contractor to recoup the delays in the mutually agreed time frame, shall be entitled to terminate the

contract.

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6.6 In the event of such termination of the contract as described in clauses 6.2.2 or 6.2.3 or both, the company, shall be entitled to recover L.D. upto ten percent (10%) of the contract value and forfeit the security deposit made by the contractor besides getting the work completed by other means at the risk and cost of the contractor.

6.7 a) The company may at its sole discretion, waive the payment of compensation on request received from the contractor indicating valid and acceptable reasons if the entire work is completed within the date as specified in the contract/work order or as validly extended date without stipulating any compensation for delay.

or

b) If the progress of the work or of any portion of the work is unsatisfactory, the Security/Security/Engineer In-charge shall be entitled, after giving the contractor 15 days' notice in writing, to employ another Agency for executing the job or to carry out the work departmentally either wholly or partly debiting the contractor with the cost involved in engaging another Agency or the cost involved in executing the work departmentally, as the case may be. The certificate to be issued by the Security/Security/Engineer In-charge for the cost of the work so done shall be final and conclusive and the extra cost, if any, shall be borne by the contractor.

6.8 Extension of date of completion: On occurrences of any events causing delay as stated here-under, the contractor shall intimate immediately in writing to the Security/Security/Engineer in Charge.

a) Force Majure :

i) Natural phenomena, including but not limited to abnormally bad weather, unprecedented flood and draught, earthquakes & epidemics.

ii) Political upheaval, civil commotion, strikes, lockouts, acts of any Govt. (domestic/foreign) including but not limited to war, proprieties, quarantine embargoes

The successful bidder/ contractor will advise in the event of his having to resort to this clause by a registered letter duly certified by the local chamber of commerce or statutory authorities, the beginning and end of the cause of delay, within fifteen days of the occurrence and cessation of such Force Majeure condition.

In the event of delay due to Force Majeure for more than one month the contract may be terminated at

the discretion of the company. Termination under such circumstances will be without any liability on

either side.

b) Serious loss or damage by fire

c) Non-availability of stores which are the responsibility of the company to supply as per contract

d) Non-availability of working drawings in time, which are to be made available by the company as per

contract during progress of the work

e) Delay on the part of the contractors or tradesmen engaged by the company not forming part of the

contract, holding up further progress of the work

f) Non-availability or breakdown of tools and plant to be made available or made available by the company

g)The execution of any modified or additional items of work or excess quantity of work.

h)Any other causes which, at the sole discretion of the company, is beyond the control of the contractor.

6.9 A HINDRANCE REGISTER shall be maintained by both department and the contractor at site to record the various hindrances, as stated above, encountered during the course of execution.

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Hindrance register will be signed by both the parties. The contractor may also record his observations in the Hindrance Register. In case the contractor has a different opinion for hindrance and a dispute arises then the matter would be referred to the EIC and or the next higher authority whose decision would be final & binding on the contractor & the decision to be communicated within 15 days.

6.10 The contractor shall request the company in writing for extension of time within 15 days of happening of such event causing delay stating also, the period for which extension is required. The company may, considering the genuinity of the request, give a reasonable extension of time for completion of the work. Such extension shall be communicated to the contractor in writing by the company through the Security/Security/Engineer in Charge within 1(one) month of the date of receipt of such request.

6.11 The opinion of the Security/Security/Engineer in charge, whether the grounds shown for the extension of time are or are not reasonable, is final. If the Security/Security/Engineer-in-charge is of the opinion that the grounds shown by the contractor are not reasonable and declines to the grant of extension to time, the contractor can not challenge the soundness of the opinion by reference to arbitration.

The opinion of the Security/Security/Engineer in Charge that the period of extension granted by him is proper or necessary is not, however, final. If the contractor feels that the period of extension granted is inadequate he can appeal to the CGM / GM / CE of the company for consideration on the question whether the period of extension is or is not proper or necessary.

6.12 Provisional extension of time may also be granted by the Security/Security/Engineer in Charge during the course of execution, on written request for extension of time within 15(Fifteen) days of happening of such events as stated above, reserving the company's right to impose/ waive penalty at the time of granting final extension of time as per contract agreement.

6.13 When the period fixed for the completion of the contract is about to expire, the question of extension of the contract may be considered at the instance of the Contractor or the Department or of both. The extension will have to be by party's agreement, express or implied.

In case the contractor does not apply for grant of extension of time within 15 (Fifteen) days of the hindrance occurring in execution of the work and the department wants to continue with the work beyond the stipulated date of completion for reason of the work having been unavoidably hindered, the Security/Security/Engineer-in-charge can grant extension of time even in the absence of application from the contractor.

Such extension of time granted by the Security/Security/Engineer in Charge is valid provided the contractor accepts the same either expressly or implied by his actions before and subsequent to the date of completion. Such extension of time shall be without prejudice to Company's right to levy compensation under the relevant clause of the contract.

The contractor shall however use his best efforts to prevent or make good the delay by putting his endeavors constantly as may be reasonably required of him to the satisfaction of the Security/Security/Engineer in Charge.

7. Material Supply & other facilities

7.1 The company does not undertake any responsibility for supply of any materials to the contractor. All the materials, tools and plants etc. and labour required for execution and completion of the work in a work like manner will have to be arranged by the contractor himself.

7.2 All materials, tools and plants brought to site by the contractor including the materials supplied by the company shall be deemed to be held in lien by the company and the contractor shall not have the right to remove the same from the site, without the written permission of the Security/Engineer in Charge. The company shall not however be liable for any loss, theft or damage due to fire or other cause during this period of lien, the responsibility for which shall lie entirely on the contractor.

7.3 The contractor shall bear the cost of loading, transportation to site, unloading, storing under cover as required etc. as may be necessary for the use and keeping the materials in good condition Contd..10

7.4 On completion or on termination of the contract and on complete recovery of secured advance paid by the company, if any, in respect of materials brought to site, the contractor with due permission of the

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Security/Engineer in Charge shall be entitled to remove at his expenses all surplus materials originally supplied by him and upon such removal, the same shall become the property of the contractor.

7.5 All charges on account of octroi, terminal or sales tax and other duties on materials obtained for the works from any source (excluding materials supplied by the company) shall be borne by the contractor.

7.6 The contractor shall arrange necessary electricity at his own cost for the work and his own establishment. However, if available and feasible the company may arrange electricity at one point near the work site and necessary recovery of cost of energy consumed will be made at rates prescribed by the company from time to time. Energy meter for this purpose shall be provided by the contractor.

7.7 Explosives, detonators and other inflammable materials shall not be used in the execution of the work at site by the contractor without prior written permission of the Security/Engineer in Charge. Transportation and storage of such materials shall be done in specified manner in accordance with the law in force. The contractor shall also obtain license under such laws for, transportation, storage, use and all other operations, connected with the handling of the same.

8. Quality Assurance - Materials and Workmanship

The contractor shall carry out and complete the work in every respect in accordance with the contract and shall ensure that the work conforms strictly to the drawings, specifications, instructions of the Security/Engineer in Charge. The Security/Engineer in Charge may issue, from time to time, further drawings, detailed instructions/ directions in writing to the contractor. All such drawings, instructions/directions shall be consistent with the contract documents and should be reasonably inferable therefrom, along with clarifications/ explanations thereof, if necessary.

8.1 For Quality Assurances of all the Civil Security/Engineering Works the norms/ guidelines laid down by the company herein and elsewhere will form part of the contract for the purpose of quality of works.

8.2 The contractor shall be responsible for correct and complete execution of the work in a work like manner with the materials as per specification, which shall be subject to the approval of the company. All work under execution in pursuance of the contract shall be open to inspection and supervision by the Security/Engineer in Charge or by his authorized representative or any other official of higher rank or any other person authorized by the company in his behalf & the contractor shall allow the same.

8.3 All materials to be provided by the contractor shall be in conformity with the specifications/schedule of work as per the contract and the contractor shall furnish proof, if so required by the Security/Engineer in Charge to his satisfaction that the materials do so comply.

8.4 The contractor shall immediately after the award of work draw up a schedule giving dates for submission of samples as required or necessary as per the specification for approval of Security/Engineer in Charge who shall approve ,if found acceptable, promptly so that there is no delay in the progress of the work of the contractor or of the work of any of the sub-contractor.

On receipt of samples as per schedule, the Security/Engineer in Charge shall arrange to examine/test with reasonable promptness ensuring conformity of the samples with the required specification and complying with the requirements as per contract documents keeping in view that the work shall be in accordance with the samples approved by him. The contractor shall not start bringing materials at the site unless the respective samples are approved. Materials con-forming to approved samples shall only be brought to site.

Samples are to be supplied by the contractor at his own cost. The cost involved in tests shall be borne by the contractor. If any test is ordered by the Security/Engineer in Charge which is to be carried out by any independent person or agency at any place other than the site even then the cost of materials and testing charge etc. shall be borne by the contractor. If the test shows that the materials are not in accordance with the specifications, the said materials shall not be used in the work and removed from the site at contractors cost.

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8.5 The company, through the Security/Engineer in Charge, shall have full powers to reject any materials or work due to a defect therein for not conforming to the required specification, or for materials not being of the required quality and standard or for reasons of poor workmanship or for not being in accordance with the sample approved by him. The contractor shall forthwith remedy the defect/replace the materials at his expense and no further work shall be done pending such rectification/replacement of materials, if so instructed by the Security/Engineer In Charge.

In case of default on the part of the contractor, the Security/Engineer in Charge shall be at liberty to procure the proper materials for replacement and/or to carry out the rectifications in any manner considered advisable under the circumstances and the entire cost & delay for such procurement/rectification shall be borne by the contractor.

8.6 The Security/Engineer in Charge shall be entitled to have tests carried out for any materials, according to the standard practice followed for such tests, other then those for which satisfactory proof has already been furnished by the contractor who shall provide at his expense all facilities which the Security/Engineer in Charge may require for the purpose.

The cost of any other tests, if so required by the Security/Engineer In Charge, shall be borne by the contractor only, if the test shows the workmanship or materials not to be in accordance with the provision of the contract or the instruction of Security/Engineer In Charge, but otherwise by the company.

8.7 Access to the works: The Security/Engineer-in-charge and any person authorized by the company shall at all times have access to the works and to all workshops and places where work is being prepared or from where materials, manufactured articles are being obtained for the works and the contractor shall afford every facility for and every assistance in or in obtaining the right to such access.

8.8 Inspection of works:i) No work shall be covered up or put out of view without the approval of the Security/Engineer-in-charge or the Security/Engineer-in-charge's representative or any other officer nominated by the company for the purpose and the contractor shall afford full opportunity for the EIC or EIC`s representative or any other officer nominated by the company for the purpose to examine and measure any work which is about to be covered up or put out of view and to examine foundations before permanent work is placed thereon. the contractor shall give due notice to the Security/Engineer-in-charge's representative whenever any such work or foundations is ready or about to be ready for examination and the Security/Engineer-in-charge's representative shall, without unreasonable delay, unless he considers it unnecessary and advises the contractor accordingly, attend for the purpose of examining and measuring such work or foundations.

The contractor shall uncover any part or parts of the works or making openings in or through the same as the Security/Engineer in Charge may from time to time direct and shall reinstate and make good such part or parts to the satisfaction of Security/Engineer-in-charge.

If any such part or parts have been covered up or put out of view after compliance with the requirement of sub-clause above and are found to be executed in accordance with the contract, the expenses of uncovering, making openings in or through and making good the same shall be borne by the Employer, but in any other cases all costs shall be borne by the contractor.

8.9 Removal of Improper Work and Materials:

i) The Security/Engineer in Charge shall during the progress of the works have power to order in writing from time to time: a) The removal from the site, of any materials which in the opinion of Security/Engineer-in-charge, are not in accordance with the contract/ work order/ approved sample.

b) The substitution with proper and suitable materials. c) The removal and proper re-execution, notwithstanding any previous test thereof or interim payment there from, of any work which in respect of materials or workmanship is not in accordance with the contract.

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ii) In case of default on the part of the contractor in carrying out such order, the Security/Engineer in Charge shall be entitled to employ and pay other agency to carry out the same and all expenses consequent thereon shall be recoverable from the contractor or may be deducted from any amount due or which may become due to the contractor.

8.10 Devaluation of Work : In lieu of rejecting work done or materials supplied not in conformity with the contract/work order/approved samples , the Security/Engineer-in-charge or any other officer nominated by the company for the purpose may allow such work or materials to remain, provided the Security/Engineer In Charge/ the officer nominated by the company is satisfied with the quality of any materials, or the strength and structural safety of the work, and in that case shall make such deduction for the difference in value, as in his opinion may be reasonable.

8.11 Final Inspection of Work: The Security/Engineer-in-charge and any other officer nominated by the company for the purpose shall make final inspection of all work included in the contract/work order, or any portion thereof, or any completed structure forming part of the work of the contract, as soon as practicable after notification by the contractor that the work is completed and ready for acceptance. If the work is not acceptable to the Security/Engineer-in-charge at the time of such inspection, he shall inform the contractor in writing as to the particular defects to be remedied before final acceptance can be made.

8.12 Defects appearing after acceptance: Any defects which may appear within the defect liability period and arising, in the opinion of the Security/Engineer-in-charge, from lack of conformance with the drawings and specifications, shall, if so required by the Security/Engineer-in-charge in writing, be remedied by the contractor at his own cost within the time stipulated by the Security/Engineer-in-charge. If the contractor fails to comply, the Security/Engineer-in-charge may employ other persons to remedy the defects and recover the cost thereof from the dues of the contractor.

8.14 Samples and Testing of Materials: All the materials procured by the contractor and to be used in work shall be approved by the Security/Engineer in Charge in advance, and shall pass the tests and analysis required by him, which will be as specified in the specifications of the items concerned and as per the brands mentioned standard specifications acceptable to the Security/Engineer In Charge.

8.15 Storage of Materials: Materials shall be so stored as to ensure the preservation of the quality and fitness for the work. When considered necessary by the Security/Engineer-in-charge, they shall be placed on wooden platforms or other hard, clean surfaces and not directly on the ground.

Materials shall be placed under cover when so directed and the contractor shall erect and maintain at his own cost temporary weather-proof sheds at the work site for the purpose. Stored materials shall be so located as to facilitate prompt inspection. All stored materials shall be inspected at the time of use in the work, even though they may have been inspected and approved before being placed in storage or during storage.

8.16 Defective Materials: All materials not conforming to the requirements of the specifications shall be considered as defective, and all such materials, whether in place or not shall be rejected. They shall be removed immediately by the contractor at his expenses and replaced with acceptable material.

9. Measurement and Payments

Except where any general or detailed description of the work in the Bill of Quantities or specifications of the contract/ work order provides otherwise, measurement of work done shall be taken in accordance with the relevant standard method of measurement published by the Bureau of Indian Standards(BIS) and if not covered by the above, other relevant Standards/practices shall be followed as per instructions of the Security/Engineer In Charge.

9.1 In case of items which are claimed by the contractor but are not admissible according to the department, measurements of such items, will be taken by for record purposes only and without prejudice so that in case it issubsequently decided by the department to admit the contractor's claims, there should be no difficulty in.determining the quantities of such work. A suitable remark should, however, be made

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9.2 Payments:

1. The payment Schedule will be as Follows:

Part - I

• After Supply of required material commissioning and completion of the work 70% of the

Awarded value.(Excluding AMC cost)

• After Commissioning and Testing of the system- 30% of the Awarded value except security

deposit.(Excluding AMC cost)

Part – II

• AMC Payment shall be made on quarterly basis, after completion of each quarter within 30

days of receipt of bills and satisfactory compliance report from Engineer-In-Charge after

necessary adjustment towards security and penalty if any.

9.2.01 Payment of on account bill shall be made on the Security/Engineer in Charge's certifying the sum as per the contract value.

a) The work executed as covered by the bill/bills after deducting the amount already paid, the security deposit and such other amounts as may be deductible or recoverable in terms of the work order/ contract.

b) On the Security/Engineer In Charge's certificate of completion in respect of the work covered by the contract final measurements of the work certified by the Security/Engineer In Charge or his representative.

9.2.02 The measurements shall be entered in the M.B for the work done upto the date of completion and evaluated based on the approved rates for the items in the contract agreement/sanctioned revised estimate.

The payments shall be released against the final bill subject to all deductions which may be made on account of materials supplied, water supply for construction, supply of electricity and any other dues payable by the contractor to the company, and further subject to the contractor having given to the Security/Engineer in Charge a no claim certificate.

9.2.03 Any certificate given by the Security/Engineer in Charge for the purpose of payment of interim bill/bills shall not of itself be conclusive evidence that any work/materials to which it relate is/are in accordance with the contract and may be modified or corrected by the Security/Engineer in Charge by any subsequent certificate or by the final certificate.

9.2.04 The company reserve the right to recover/enforce recovery of any over payments detected after the payment as a result of post payment audit or technical examination or by any other means, not withstanding the fact that the amount of disputed claims, if any, of the contractor exceeds the amount of such overpayment and irrespective of the facts whether such disputed claims of the contractor are the subject matter of arbitration or not.

The amount of such over payments shall be recovered from subsequent bills under the contract, failing that from contractor's claim under any other contract with the company or form the contractor's security deposit or the contractor shall pay the amount of over payment on demand. In case of contractor's non-payment on such demand, the same should be realized from the contractor's dues, if any, with Coal India Limited or any of it's subsidiaries.

9.2.05 The contractors are required to execute all works satisfactorily and according to the specifications laid down in the contract/ work order. If certain items of work, executed by the contractor, are below specifications, the contractor should re-do them according to the specifications and instructions of EIC and if the contractor fails to rectify the defect within the time and in the manner specified by the EIC, the work shall be got re-done or rectified by the department at the risk and cost of the contractor. Security/Engineer in Charge may accept such work of below specifications provided the department is satisfied with the quality of such works and the strength/ structural safety of such works. In that

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case Security/Engineer in Charge shall make such deductions for the difference in value, as in his opinion is reasonable and is approved by the accepting authority of the company i.e. CGM/ GM/ CE of the company in this case or any other officer nominated by CGM/ GM/ CE for the purpose.

9.2.06 Payment Stage: The payment stage involved will be as under,

Signature of Security/Engineer in Charge as per definition as at clause 1(vii) of the General Terms and Conditions, as a token of acceptance for payment of the bill. The SIC/EIC may sign in the abstract of the bill in the MB & the bill form.

9.3 Income tax deduction @ 2% (Two Percent ) of the gross value of each bill or at the rate as amended from time to time, shall be made unless exempted by the competent authority of the Income Tax Department

Sales tax on works contract shall be payable by the contractor. If, however, the company is asked to make deduction from the contractor's bills, the same shall be done and a certificate to this effect shall be issued to the contractor for dealing with the State Govt. and the company does not take any responsibility to do anything further in this regard.

9.4 No interest shall be payable on the amounts withheld, under the terms of the Contract Agreement/Work-order.

10. Termination, Cancellation, Suspension and Foreclosure of Contract

The company shall, in addition to other remedial steps to be taken as provided in the conditions of contract be entitled to cancel the contract in full or in part, if the contractor :-

a) Makes default in proceeding with the works with due diligence and continues to do so even after a notice in writing from the Security/Engineer In Charge, then on the expiry of the period as specified in the notice.

Or

b) Commits default/breach in complying with any of the terms and conditions of the contract and do not remedy it or fails to take effective steps for the remedy to the satisfaction of the Security/Engineer in Charge, then on the expiry of the period as may be specified by the Security/Engineer in Charge in a notice in writing.

Or

c) Obtains a contract with the company as a result of ring tendering or other non-bonafide methods of competitive tendering.

Or

d) Shall offer or give or agree to give any person in the service of the company or to any other person on his behalf any gift or consideration of any kind as an inducement or reward for act/acts of favour in relation to the obtaining or execution of this or any other contract for his company.

Or

e) Fails to complete the work or items of work with individual dates of completion, on or before the date/dates of completion or as extended by the company, then on the expiry of the period as may be specified by the Security/Engineer in Charge in a notice in writing.

Or

f)Transfers, sublets, assign the entire work or any portion thereof without the prior approval in writing from the Security/Engineer in Charge. The Security/Engineer in Charge may by giving a written notice, cancel the whole contract or portion of it in default.

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10.1 The contract shall also stand terminated under any of the following circumstances:

a) If the contractor being an individual in the case of proprietary concern or in the case of a partnership firm any of its partners is declared insolvent under the provisions of Insolvency Act for the time being in force, or makes any conveyance or assignment of his effects or composition or arrangement for the benefit of his creditors amounting to proceedings for liquidation or composition under any Insolvency Act.

b) In the case of the contractor being a company, its affairs are under liquidation either by a resolution passed by the contractors company or by an order of court, not being a voluntary liquidation proceedings for the purpose of amalgamation or reorganization, or a receiver or manager is appointed by the court on the application by the debenture holders of the contractor's company, if any.

c) If the contractor shall suffer an execution being levied on his/their goods, estates and allow it to be continued for a period of 21 (twenty-one) days.

d) On the death of the contractor being a proprietary concern or of any of the partners in the case of a partnership concern and the company is not satisfied that the legal representative of the deceased proprietor or the other surviving partners of the partnership concern are capable of carrying out and completing the contract. The decision of the company in this respect shall be final and binding which is to be intimated in writing to the legal representative or to the partnership concern.

10.2 On cancellation of the contract or on termination of the contract, the Security/Engineer in Charge shall have powers:

a)to take possession of the site and any materials, constructional plant, equipments, stores etc. thereon.

b)to carry out the incomplete work by any means at the risk and cost of the contractor.

c) to determine the amount to be recovered from the contractor for completing the remaining work or in the event the remaining work is not to be completed the loss/damage suffered, if any, by the company after giving credit for the value of the work executed by the contractor upto the time of cancellation less on a/c payments made till date and value of contractor's materials, plant, equipments, etc. taken possession of after cancellation.

d)to recover the amount determined as above, if any, from any money due to the contractor on any account or under any other contract and in the event of any shortfall, the contractor shall be called upon to pay the same on demand. The need for determination of the amount of recovery of any extra cost/expenditure or of any loss/damage suffered by the company shall not however arise in the case of termination of the contract for death/demise of the contractor as stated in clause 10.1(d) of the contract.

e)to give the contractor or his representative of the work 7 (seven) days notice in writing for taking final measurement for the works executed till the date of cancellation or termination of the contract. The Security/Engineer in Charge shall fix the time for taking such final measurement and intimate the contractor in writing. The final measurement shall be carried out at the said appointed time notwithstanding whether the contractor is present or not. Any claim as regards measurement which the contractor is to make shall be made in writing within 7 (seven) days of taking final measurement by Security/Engineer-In-charge as aforesaid and if no such claim is received, the contractor shall be deemed to have waived all claims regarding above measurements and any claim made thereafter shall not be entertained.

10.3 Suspension of Work:

i) The company shall have power to suspend the work or any part thereof and the Security/Engineer in Charge may direct the contractor in writing to suspend the work, for such period and in such manner as may be specified therein, on account of any default on the part of the contractor, or for proper execution of the work for reasons other than any default on part of the contractor, or on ground of safety of the work.

ii) In the event of suspension for reasons other than any default on the part of the contractor, extension of time shall be allowed by the company equal to the period of such suspension and the contractor shall properly protect and secure the works to the extent necessary during such suspension.

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The contractor shall carry out the instructions given in this respect by the Security/Engineer-In Charge & if such suspension exceeds 45 (Forty five) days, the contractor will be compensated on mutually agreed terms.

10.4 The work shall, throughout the stipulated period of contract, be carried out with all due diligence on the part of the contractor. In the event of termination or suspension of the contract, on account of default on the part of the contractor, as narrated hereinbefore, the security deposit and other dues of this work or any other work done under this company shall be forfeited and brought under the absolute disposal of the company provided, that the amount so forfeited shall not exceed 10 (ten) percent of the contract value.

10.5 Foreclosure of contract:

If at any time after acceptance of the tender the company decides to abandon for any reason whatsoever the company, through its Security/Engineer in Charge, shall give notice in writing to that effect to the contractor. In the event of abandonment the company shall be liable:-

a) to pay reasonable amount assessed and certified by the Security/Engineer in Charge of the expenditure incurred, if any, by the contractor on preliminary works at site e.g. temporary access roads, temporary construction for labour and staff quarters, office accommodation, storage of materials, water storage tanks and water supply for the work including supply to labour/ staff quarters, office etc.

b)to pay the contractor at the contract rates full amount for works executed and measured at site up to the date of such abandonment.

c) to pay for the materials brought to site or to be delivered at site, which the contractor is legally liable to pay, for the purpose of consumption in works carried out or were to be carried out but for the foreclosure, including the cost of purchase and transportation and cost of delivery of such materials. The materials to be taken over by the company should be in good condition and the company may allow at its discretion the contractor to retain the materials in full or in part if so desired by him and to be transported by the contractor from site to his place at his own cost with due permission of the EIC.

d)to take back the materials issued by the company but remaining unused, if any, in the work on the date of abandonment/reduction in the work, at the original issue price less allowance for any deterioration or damage caused while in custody of the contractor.

e)to pay for the transportation of tools and plants of the contractor from site to contractor's place or to any other destination, whichever is less.

10.5.01The contractor shall, if required by the Security/Engineer In Charge, furnish to him books of accounts, papers, relevant documents as may be necessary to enable the Security/Engineer in Charge to assess the amounts payable in terms of clauses10.5(b) (c) & (e) of the contract. The contractor shall not have any claim for compensation for abandonment of the work, other than those as specified above.

11. Completion Certificate / Defect Liability Certificate

Except in cases where the contract provides for "Performance Test" before issue of Defect Liability certificate, in which case the issue of Defect Liability certificate shall be in accordance with the procedure specified therein, the contractor shall give notice of completion of work, as soon as the work is completed, to the Security/Engineer in Charge. The Security/Engineer in Charge and or any other Officer, nominated for the purpose by the company, shall within 30 (thirty) days from the receipt thereof, inspect the work and ascertain the defects/deficiencies, if any, to be rectified by the contractor as also the items, if any, for which payment shall be made at reduced rate.

If the defects, according to the Security/Engineer in Charge are of a major nature and the rectification of which is necessary for the satisfactory performance of the contract, he shall intimate in writing the defects and instruct the contractor to rectify the defects/remove deficiencies within the period and in

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the manner to be specified therein. In such cases Defect Liability Certificate will be issued by the EIC after the above rectifications are carried out/ deficiencies are removed by the contractor to the satisfaction of EIC.

In the event there are no defects or the defects/ deficiencies are of a minor nature and the Security/Engineer in Charge is satisfied that the contractor has already made arrangements for rectification, or in the event of contractor's failure to rectify the defects for any reason whatsoever, the defects can be rectified by the company departmentally or by other means and the 50% of the security deposit of the contractor shall be sufficient to cover the cost thereof, he shall issue the Defect Liability Certificate ( Taking Over Certificate with list of defects) indicating the date of completion of the work, defects to be rectified, if any, and the items, if any, for which payment shall be made at reduced rate indicating reasons therefore and with necessary instructions to the contractor to clear the site/place of work or all debris/ waste materials, scaffoldings, sheds, surplus materials etc. making it clean.

11.1 In cases where separate period of completion for certain items or groups of items are specified in the contract, separate Defect Liability certificate for such items or groups of items may be issued by the Security/Engineer in Charge after completion of such items on receipt of notice from the contractor only in the event the work is completed satisfactorily in every respect.

Refund of security deposit and payment of final bill shall, however, be made on completion of the entire contract work, but not on completion of such items of work.

12. Additional Responsibilities of the Contractor(s)

The cost on account of the "Additional Responsibilities of the Contractors" under this clause is deemed to be included in the tendered rates.

i) The company reserves the right to let other contractors also works in connection with the Project and the contractor/contractors shall co-operate in the works for the introduction and stores and materials and execution of his/their works.

ii) The contractor/contractors shall keep on the work site during the progress a competent and experienced Resident Security/Engineer exclusively for the work and necessary assistants who shall represent the contractor (s). The contractor shall employ, on the site in connection with the execution and maintenance of the work, the following technical staff:

For Buildings Roads, Water Supply & Sanitary Works:

1) For value of work ranging from 10 Lakhs to 20 Lakhs.

1 Experienced Diploma holder.

2) For value of work above 20 Lakhs and up to 1 Crore.

1 Experienced Graduate Security/Engineer in addition to Diploma holder as per sl.no.4 below.

3) For value of work in excess of 1 Crore& for every additional 2 Crores or part thereof.

1 Graduate Security/Engineer extra in addition to Graduate Security/Engineer and Diploma holder as per sl.no.1 & 4.

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4) For value of work in excess of 20 Lakhs & for every additional 50 Lakhs or part thereof.

1 Diploma holder extra.

For Industrial Structures :

1) For value of work ranging from 5 Lakhs to 15 Lakhs.

1 Experienced Diploma holder.

2) For value of work above 15 Lakhs and up to 75 Lakhs.

1 Experienced Graduate Security/Engineer in addition to Diploma holder as per sl.no.4 below.

3) For value of work in excess of 75 Lakhs & for every additional 1.5 Crores or part thereof.

1 Graduate Security/Engineer extra in addition to Graduate Security/Engineer and Diploma holder as per sl.no.1 & 4.

4) For value of work in excess of 15 Lakhs & for every additional 50 Lakhs or part thereof.

1 Diploma holder extra.

The contractor shall intimate the Security/Engineer in Charge in writing the names, qualifications, experience and full postal address of each and every technical personnel employed at site by him.

The contractor(s) shall not be allowed to execute the work unless he/they engage the required technical staff at site as stated above. The delay on this account, if any, shall be the contractor's responsibility.

Important instructions shall be confirmed to the contractor(s) in writing. If the contractor/contractors in course of the works finds/find any discrepancy between the drawing, forming part of the contract documents and the physical conditions of the locality or any errors or omissions in drawings except those prepared by himself / themselves and not approved by the Security/Engineer In Charge. It shall be his/their duty to immediately inform the Security/Engineer in Charge in writing and the Security/Engineer in Charge shall verify the same. Any work done after such discovery and without intimation as indicated above will be done at the risk of the contractor/contractors.

iii) The contractor / contractors shall employ only competent, skillful and orderly men to do the work. The Security/Engineer in Charge shall have the right to ask the contractor/ contractors to remove from the work site any men of the contractor/contractors who in his opinion is undesirable and the contractor/contractors will have to remove him within 3 (three) hours of such orders.

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The contractor shall employ apprentices in the execution of the contract work as required under Apprentices Act.

The contractor shall further be responsible for making arrangements at his own cost, or accommodation and social needs of the staff and workers under his employment.

iv) Precautions shall be exercised at all times by the contractor(s) for the protection of persons (including employees) and property. The safety required or recommended by all applicable laws, codes, statutes and regulations shall be observed by the contractor(s).In case of accidents, the contractor(s) shall be responsible for compliance with all the requirements imposed by the Workmen's Compensation Act or any other similar laws in force, and the contractor(s) shall indemnify the company against any claim on this account.

All scaffoldings, ladders and such other structures which the workmen are likely to use shall be examined by the Security/Engineer in Charge or his authorised representative whenever they want and the structure must be strong, durable, and safe and of such design as required by Security/Engineer In Charge.

In no case any structure condemned by the Security/Engineer in Charge or his authorised representatives shall be kept on the work and such structure must be pulled down within three hours of such condemnation and any certificate or instructions, however, shall in no way absolve the contractor/contractors from his/their responsibility, as an employer, as the company shall in no way be responsible for any claim.

The contractor/contractors shall at all times exercises reasonable precautions for the safety of employees in the performance of his/their contract and shall comply with all applicable provisions of the safety laws drawn up by the State Govt. or Central Govt. or Municipalities and other authorities in India. The contractor/contractors shall comply with the provision of the safety hand book as approved and amended from time to time by the Government of India.

v) The contractor / contractors shall familiarize themselves with and be governed by all laws and rules of India and Local statutes and orders and regulations applicable to his/ their work.

vi) Contractor/Contractors shall not pay less than minimum wages to the workers engaged by them as per the Wage structure as per CLC rate as applicable from time to time during the entire period of contract. This supersedes the provision in the general terms and conditions in respect of wages to be paid to the workers by the conditions.

vii) The contractor shall maintain all records as per the provision made in the various statutes including Contract Labour (Regulation & Abolition) Act, 1970 and the Contract Labour (Regulation & Abolition) Central Rules,1971, Minimum Wages Act, Workmen Compensation Act etc. and latest amendment thereof. Such records maintained by the contractor shall be opened for inspection by the Security/Engineer in Charge or by the nominated representative of the Principal Employer.

viii) The contractor/ contractors shall provide facilities for the sanitary necessities of all persons employed on the work shall be constructed and maintained in the number, manner and place approved or ordered by the Security/Engineer In Charge. The contractor/contractors shall vigorously prohibit committing of nuisance at any other place. Cost of all works under this item shall be covered by the contractor/contractor's tendered rates.

ix) The contractor/contractors shall furnish to the Security/Engineer in Charge or his authorised representative with work reports from time to time regarding the contractor / contractors organization and the progress made by him / them in the execution of the work as per the contract.

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x) All Duties taxes and other levies, payable by the contractor under the contract or for any other

cause as applicable on the last date of submission of tender shall be included in the rates, prices and

the total bid price submitted by the bidder. All incidentals, overheads, etc. as may be attendant upon

execution and completion of works shall also be included in the rates, prices and total bid price

submitted by the bidder.

However, such duties, taxes, levies etc. which is notified after the last date of submission of tender

and /or any increase over the rate existing on the last date of submission of tender shall be reimbursed

by the company on production of documentary evidence in support of payment actually made to the

concerned authorities.

The company reserves the right to deduct/ withhold any amount towards taxes, levies, etc. and to deal

with such amount in terms of the provisions of the Statute or in terms of the direction of any Statutory

authority and the company shall only provide with certificate towards such deduction and shall not be

responsible for any reason whatsoever.

In case the company land is used for manufacture of bricks or extraction of gravels etc. the contractor will have to pay compensation to the company (apart from the liability of the contractor to make the payment of royalty etc. to the State Government) at the same rates or royalty fixed by the State Government or an appropriate deduction may be made in the rate to be paid to the contractors.

xi) The contractor / contractors shall make his / their own arrangement for all materials, tools, staff and labourer required for the contract, which shall include cost of lead, lift, loading, unloading, railway freight, recruiting expenses and any other charges for the completion of the work to entire satisfaction of the company.

xii) The contractor / contractors shall make their own arrangement for carriage of all materials to the work site at his/their own cost.

xiii) The work shall not be sublet to any other party, unless approved by Security/Engineer in Charge, in writing.

xiv) a) No fruit trees or valuable plants or trees with trunk diameter exceeding 150mm shall be pulled, destroyed or damaged by the contractor/contractors or any of his/their employees without the prior permission of the company, failing which the cost of such trees or plants shall be deducted from the contractor/contractors dues at the rate to be decided by the company. The rates quoted are supposed to include clearance of shrubs and jungles and removal of such trees upto 150 mm dia., as will be permitted by the Security/Engineer in Charge in writing.

b) Anything of historical or other interest or of significant value unexpectedly discovered on the site is the property of the employer. The Contractor is to notify the Nodal Officer or his nominee of such discoveries and carry out the Nodal Officer or his nominee’s instructions for dealing with him.

xv) The contractor / contractors shall not pay less than the minimum wages to the labourers engaged by him/them as per Minimum Wages Act or such other legislation or award of the minimum wage fixed by the respective State Govt. or Central Govt. as may be in force.

xvi) All accounts shall be maintained properly and the company shall have the right of access and inspection of all such books of accounts etc., relating to payment of labourer considered necessary and the company may arrange for witnessing the payment to the labourer by its representatives.

xvii) The contractor shall in additions to any indemnity provided by the relevant clauses of the agreement or by law, indemnify and keep indemnified for the following:

a) The company or any agent or employee of the company against any action, claim or proceeding relating to infringement or use of any patent or design right and shall pay any royalties or other charges which may be payable in respect of any article or material included in the contract.

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However, the amount so paid shall be reimbursed by the company in the event such infringement has taken place in complying with the specific directions issued by the company or the use of such article or material was the result of any drawing and/or specifications issued by the company after submission of tender by the contractor. The contractor must notify immediately after any claim being made or any action brought against the company, or any agent or employee of company in respect of any such matter.

b) The company against all claims, damages or compensation under the provisions of payment of Wages Act, 1938, Minimum Wages Act, 1948, Employer's Liability Act, 1938, The Workmen's Compensation Act, 1923, Industrial Dispute Act, 1947, Mines Act as applicable, Employees State Insurance Act 1948 and Maternity Benefit Act, 1961, Acts regulating P.F. or any modification thereof or any other law relating thereto and rules made there under from time to time, as may be applicable to the contract which may arise out of or in consequence of the construction or maintenance or performance of the work under the contract and also against costs, charges and expenses of any suit, action or proceedings arising out of any accident or injury.

c) The company against all losses and claims for injuries or damages to any third party or to any property belonging to any third party which may arise out of or in consequence of the construction or maintenance or performance of the work under the contract and against all claims/demands proceedings/damages, cost charges and expenses whatsoever in respect of or in relation thereto.

xviii) The contractor is under obligation to hand over to the company the vacant possession of the completed building structures failing which the Security/Engineer in Charge can impose a levy upon the contractor up to 5% of the total contract value for the delay in handing over the vacant possession of the completed works after giving a 15 (fifteen) days notice to the contractor.

xix) a) INSURANCE: The contractor shall take full responsibility to take all precautions to prevent loss or damage to the works or part thereof for any reasons whatsoever (excluding act of God e.g. flood, riots, war, earthquake, etc.) and shall at his own cost repair and make good the loss/damage to the work so that on completion, the work shall be in good order and condition and in conformity with the requirements of the contract and instructions of the Security/Engineer In Charge.

In case of construction works without limiting the obligations and responsibilities under the contract, the contractor shall take insurance policy for the total value of work for the period from commencement to completion including defect liability period against risk of loss/damage to the extent as permissible under the law of insurance.

The contractor shall arrange necessary insurance and pledge the same in the name of the company and all moneys payable by the insurers shall be recovered by the company which shall be paid to the contractor in installments as may be certified by the Security/Engineer in Charge for the purpose of rebuilding or replacement or repair of the works and/or goods destroyed or damaged for which payment was received from the insurers.

b) Where any company building or part thereof is used, rented or leased by the contractor for the purpose of storing or using materials of combustible nature, the contractor shall take separate insurance policy for the entire building and the policy shall be deposited with the company.

c) The contractor shall at all times during the tenure of the contract indemnify the company against all claims, damages or compensation under the provision of the Workmen's Compensation Act and shall take insurance policy covering all risk, claims, damages, or compensation payable under the Workmen's Compensation Act or under any other law relating thereto.

d) The contractor shall ensure that the insurance policy/ policies is/are kept alive till full expiry of the contract by timely payment of premiums and it/they shall not be cancelled without the approval of the company and a provision is made to this effect in all policies, and similar insurance policies are also taken by his sub-contractors if any. The cost of premium shall be borne by the contractor and it shall be deemed to have been included in the tendered rate.

e) In the event of contractor’s failure to effect or to keep in force the insurance referred to above or any other insurance which the contractor is required to effect under the terms of the contract, the company may effect and keep in force any such insurance and pay such premium/premiums as may be necessary for that purpose from time to time and recover the amount thus paid from any moneys due to the contractor.

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(THE CLAUSE 12 xviii SHALL BE APPLICABLE FOR WORKS OF ESTIMATED VALUE OF OVER 50 LAKHS)

xx) Setting Out: The contractor shall be responsible for the contract and proper setting out of the works and correctness of the position, reduced levels, dimensions and alignment of all parts of the work including marking out the correct lay out in reference to the permanent bench mark and reference points. Only one permanent bench mark and basic reference lines shall be marked and shown to the contractor as basic data.

The contractor shall have all necessary instruments, appliances and labour in connection therewith. If at any time during the progress of work any error is detected in respect of the position, levels, dimensions or alignment of any part of the work, the contractor on being required to do so by the Security/Engineer in Charge or his representative shall at the expenses of the contractor rectify such errors to the satisfaction of Security/Engineer in Charge unless such error is due to incorrect data supplied by the Security/Engineer In Charge.

xxi) On receipt of Letter of Acceptance of Tender / Work Order the contractor shall forthwith Register and obtain License from the competent authority under the Contract Labour (Regulation & Abolition)Act 1970,the Contract Labour (Regulation & Abolition) Central Rules, 1971 and submit certified copies of the same to the Security/Engineer in Charge and the Principal Employer.

xxii) The contractor shall be registered with the concerned State Govt. and the Central Govt. in respect of Sales Tax Act and the certificate having details of Registration No., period of validity etc. should be submitted to the Security/Engineer in Charge.

xxiii) The contractor shall, in connection with works, provide and maintain, at his own cost, all lights, security guards, fencing when and where necessary as required by the Security/Engineer in Charge for the purpose of protection of the works, materials at site, safety of workmen and convenience of the public.

xxiv) All materials obtained in the course of execution of the work during excavation and dismantling etc. shall be the property of the company and the same may be issued to the contractors, if required for use in the works at the rates to be fixed by the Security/Engineer in Charge.

xxv) Unless otherwise specifically provided for, dewatering of excavation pits, working areas etc. shall be the contractor's responsibility and is to be carried out at his own cost as per instructions of EIC. The rates quoted by the contractor shall be deemed to include the dewatering costs.

xxvi) Approval by the Nodal Officer/Security/Engineer in Charge or his nominee: The contractor shall submit specifications and drawings showing the proposed temporary work to the Nodal Officer/Security/Engineer-in-Charge or his nominee, who is to approve them if they comply with the specifications and drawings.

The contractor shall be responsible for design of Temporary Works.

The Nodal Officer/Security/Engineer-in-charge or his nominee’s approval shall not alter the contractor’s responsibility for design of the Temporary Works.

13. Defects Liability Period:

In addition to the defect/s to be rectified by the contractor as per terms of the contract/ work order, the contractor shall be responsible to make good and remedy at his own expense the defect/s mentioned hereunder within such period as may be stipulated by the Security/Engineer in Charge in writing:

a) Any defect/defects in the work detected by the Security/Engineer in Charge within a period of 6 (six) months from the date of issue of Defect Liability certificate / completion certificate.

b) In the case of building works or other works of similar nature any defect in the work detected by the Security/Engineer in Charge within a period of 6 (six) months from the date of issue of Defect Liability certificate/ completion certificate or before the expiry of one full monsoon period i.e. June to October whichever is later in point of time.

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13.1 A programme shall be drawn by the contractor and the Security/Engineer in Charge for carrying out the rectification of defects by the contractor detected within the defect liability period and if the contractor fails to adhere to this programme, the Security/Engineer in Charge shall be at liberty to procure proper materials and carry out the rectifications in any manner considered advisable under the circumstances and the cost of such procurement of materials and rectification work shall be chargeable to the contractor and recoverable from any of the pending dues of the contractors.

The defect liability period can be extended by the company on getting request from the contractor only for valid reasons.

There will be no defect liability period for works like Grass Cutting, Jungle Cutting, Surface Dressing & any other work of similar nature to be decided by the Security/Engineer in Charge.

The contract will govern the different clauses of Civil Security/Engineering Manual (CIL) and other

circulars issued/ in vogue for such type of works.

14. Operating and Maintenance Manual:

One year comprehensive warranty shall be provided at the cost of the contractor thereafter 5 years comprehensive maintenance with parts will be done and carried out by the contractor which is to be included inthe quote.

15. Settlement of Disputes/ Arbitration

15.1 It is incumbent upon the contractor to avoid litigation and disputes during the course of execution.

However, if such disputes take place between the contractor and the department, effort shall be made

first to settle the disputes at the company level.

The contractor should make request in writing to the Security/Engineer-in-charge for settlement of

such disputes/ claims within 30 (thirty) days of arising of the cause of dispute/ claim failing which no

disputes/ claims of the contractor shall be entertained by the company.

15.2 If differences still persist, the settlement of the dispute with Govt. Agencies shall be dealt with as per

the Guidelines issued by the Ministry of Finance, Govt. of India in this regard. In case of parties other

than Govt. Agencies, the redressal of the dispute may be sought in the Court of Law.

Additional Terms and Conditions

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1.No Mobilization Advance will be paid.

2. The Format as follows to be given with PART I, Technical Bid where the specifications mentioned

will have to be provided as a minimum standard for specification for the Job as mentioned below.

Brand which will be supplied by the Vendor will be mentioned specifically, no note as “likewise

brand/or reputed Brand” will be acceptable and may lead to rejection of tender.

3. Participating in the bidding means the vendor has accepted all the clauses (including adverse clauses)

at free will and with full knowledge, where the bid/Tender may be cancelled/withdrawn by the

organization without giving any reason what so ever and TC recommendation will be final at all

stages. The tenderer should visit the site of work and obtain all the necessary information before

offering their tenders.

SERVICES REQUIRED AND TECHNICAL SPECIFICATIONS

Services required:

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1. Installation of appropriate server (along with necessary software) for operating & managing the

system.

2. After Completion of work, bidder will have to operate the system for 30 days.

3. There must be a provision for linking of Biometric attendance system with Aadhar card.

4. It should be compatible with existing biometric attendance system installed at Sodepur Area Office.

5. The attendance system has to be integrated with the existing payroll system of ECL which is in Oracle

9i. Since, we are going to implement Coalnet then after implementation, bidder has to integrate this

attendance system with the Payroll application of Coalnet.

6. Installation & maintenance of Biometric face reader equipment, server, softwares& related accessories

at specified locations.

7. Installation & maintenance of CCTV cameras & related accessories at the locations where face

readers are installed and other CCTV cameras for surveillance.

8. All the required networking and cabling for biometric face recognition attendance system and CCTV

installation will be responsibility of the successful bidder.

9. One time creation of database of employees and record their biometric facial images.

10. Some Departmental staffs of Sodepur Area ECL are to be trained by bidder for operation and

maintain the system.

11. Recording of biometric attendance of all employees of Sodepur Area every day before & after

commencing of shift.

12. Daily checking/testing the working/ functioning of all face readers, other equipment & software.

13. Provision for manual attendance should be made in the system.

14. Regular updating of the database of employees on the basis of joining, transfer, retirements etc.

15. Regular updates of Holidays in the system as per given by Sodepur Area.

16. Maintenance & updating of leave (all types of leaves) record of employees on the basis of hard copy

of sanctioned leaves provided Sodepur Area.

13. Maintenance & updating of tour records of employees on the basis of hard copy ofsanctioned tour

provided by Sodepur Area.

14. Maintenance of temporary absence of employees on the basis of information received from the

absent employees regarding temporary absence. Date/ time period of such temporary absence will be

provided by Sodepur Area.

15. Reporting

• Daily and monthly report on the functioning (working/not working) of the machines.

• Preparation of Exception Report (List of Persons who have (a) Arrived Late (b) Absent (c)

Left early and (d) Not marked departure attendance c.)Exclude Persons who are on tour,

leave, temporary absence)

• Preparation/Printing of Standard Memo formats for issuance to aforesaid persons.

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• Preparation of weekly and monthly report on extra-time/Overtime work by employees.

• Monthly report on employees who have worked on Saturdays/Sundays/Holidays.

• Generation of daily report-Persons on leave/Tour/Temporary absence Generation of monthly

report of Absences/Late-coming/Early departure that have not been regularized.

• Employee wise leave record i.e. leave/ absence availed by the employees for a period to be

generated biannually, as well as from time to time as may be desired.

16. The server, other equipment & systems should be for exclusive use of the requirements of Sodepur

Area and no other activity/ work should be done on them.

Technical specifications:

I. (a) Biometric face reader: The following are the necessary minimum requirement ofBiometric

Face Reader.

1. Display 4.3”TFT Screen

2. Face Capacity Up to 1200 (1:N), Up to 3000 (1:1)

3. Fingerprint Capacity 2000

4. ID Card Capacity 10,000

5. Transaction Capacity 1,00,000

6. Camera High Resolution IR Camera

7. Communication RS232/RS485,TCP/IP.

8. Optional Wi-Fi, GPRS, Mifare card

9. USB-Host 2 USB-Host

10. Processor Multi-Bio CPU 630 MHz

11. Memory 256 MB Flash, 64 MB SDRAM

12. Hardware Platform 600 Multi medium Development

13. Identification Time <=2 second

14. FAR <=0.0001%

15. FRR <=0.0001%

16. Power Supply 12 V DC, 3A

17. Algorithm Version Face7.0

18. Operating Temperature 0 Degree-50 Degree

19. Operating Humidity 20 to 80%

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20. Keypad 4*4 touch keypad

21. Wiegand signal Wiegand in & out

a) It should have Infra-red optical system to enable user-identification in poorly lit environments.

The system should work in different light condition even in the dark.

b) There must be provision for integration with the existing payroll system of ECL which is in

Oracle9i. Since, we are going to implement Coalnet then after implementation, bidder has to

integrate this attendance system with the Payroll application of Coalnet.

c) A vandal resistant wall mounting panel with locking feature should be provided.

(a) Multishift Time attendance management software:

1. The software should be compatible with windows XP, Vista, windows7, windows8, windows 10

& Linux.

2. Should be compatible with open database and MS access, SQL, oracle.

3. Should be password protected with multi- level security.

4. Should be upgradeable.

5. Should have GUI based User Friendly Windows Application with Advanced looks.

6. Should be multi user and the right can be allocated to different users so that different users may

have user-id & password in the system to enable HOD to take attendance/leave report of their

subordinates reporting to him.

7. Should have capability to block the specific employee/ group on the need basis.

8. Should have provision to create multiple companies, units.

9. Should have User friendly chart on the opening screen for Daily / Monthly status view.

10. Should have various sorting and selection features are available to generate the reports.

11. Should have option to generate daily, monthly, yearly as well as govt. statutory Forms/reports.

12. Should have Advanced Find option and Advisory view.

13. Should have option to generate various memos like late arrival, early goingetc.

14. Should be able to generate reports in text, word & excel format. Should have provision for

automatic transfer (Optionally manual) of data from the readers to the computer without any operator

interface.

15. Should have fully automated Leave module, OT Module etc.

16. Various reports can be emailed to the respective Department heads.

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17. Master can be generated and used for input for our existing payroll package being used at

SODEPUR AREA after implementation of Coalnet it will be used for Payroll Application of Coal

net.

18. User defined reports can be created through the report writer by using database techniques.

19. Graphical Reports (like bar charts, pie charts) should be available for decision-making process.

20. Should be customized to the rules & regulation of SODEPUR AREA as per the specification.

21. Can be linked to other party Payroll, HR and Accounting Systems.

22. Should provide following daily, monthly and periodic reports, memos given on next page.

DAILY REGISTERS MEMOS GOVT. STAT

REPORT REPORTS

Late arrival Performance Late arrival Muster roll

Register Memo

Absenteeism Late arrival Absenteeism Form no. 12

Register Memo

Department Absenteeism Continuous late % age

Summary Register Arrival Attendance

employee wise

Early arrival Over time Continuous % age

Register absenteeism Attendance

deptt. Wise

Shift wise Over stay

Presence Register

Machine raw Monthly report Masters Leave reports

Punch

Manual punch Shift schedule Holiday Sanctioned leave

Audit

Daily Employee wise Company Leave card

Performance Performance

Early departure Employees wise Department Accrued leave

Attendance

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Time loss Department wise Category Consumed leave

Attendance

Over time Shift wise Shift Balance leave

Attendance

Over time Over time Employee Leave register

Summary Summary

Shift change Early departure Leave

Missing & re-

Verification

Total loss and

Over stay

Daily

performance

Continuous early Yearly reports Daily time loss

Departure

Continuous Form no. 14 Monthly

Absenteeism Performance

Early attendance Monthly time

details Loss

Form B Monthly leave

Status

Dept. Wise

Employee

Weekly presence

Status

II. Laser Printer or LaserJet Printer:

1. Print Color: Black and white only

2. Print Speed: 14 ppm or more

3. Paper Handling: Must support legal size paper printing

4. Print Quality: 600 dpi or more

5. OS Compatible: MS Windows 98, 2000, XP, Vista, Windows7, Windows 8 & Windows 10.

6. Duplex Printing: Must have Auto Duplex printing facility.

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III. Server :

1. Minimum 15.6" LCD/LED monitor, key board & mouse of reputed make.

2. Licensed OS windows 10, Suitable Antivirus and any other licenses if required for running of the

System.

3. Should have capacity to record data from four bio-metric face readers and four CCTV cameras at

least for a period of 30 days.

4. Processor should be latest or equivalent to Intel i5.

IV. IP Camera:

The camera should meet the following minimum technical requirements:

1. 1/4" CMOS Sensor in 1280x800 Resolution

2. Built-in IR Illuminators, Effective up to 15 Meters

3. Real-time H.264, MPEG-4 and MJPEG compression (Triple Codec)

4. Multiple Simultaneous Streams

5. Activity Adaptive Streaming for Dynamic Frame Rate Control.

6. Weather-proof IP66-rated Housing.

7. Tamper Detection for Unauthorized Changes

8. Built-in 802.3af Compliant PoE.

9. Digital Input for External Sensor

10. Built-in Micro SD/SDHC Card Slot for On-board Storage.

11. Supports ONVIF Standard to Simplify Integration and Enhance interoperability

V. P & Antenna

The antenna should meet the following minimum technical requirements:

Dimensions(Mount included) 620x460x390 mm

(24.41x18.11x15.35”)

Weight (mount include) 2603 g

Wind survivability 200 km/hr

Wind loading 34.7 N@200km/h

Operating frequency 2412-2462 MHz

Max VSWR 1.5:1

Gain 20 dBi

VI. Nano Antenna

The antenna should meet the following minimum technical requirements:

Memory 32 MB SDRAM, 8MB flash

Networking Interface 10/100 Ethernet ports

Wireless approvals FCC part 15.247 IC RS210 CE

RoHS compliance Yes

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Power supply (PoE) 24 V , 0.5 A

Max. Power consumption 8 W

Gain 16 dBi

Polarization Dual Linear

Mounting Pole mounting kit included

Power method Passive power over Ethernet(pairs 4,5+ ;7,8 return)

Operating temperature -30 to 75 C

Operating humidity 5 to 95% condensing

Shock and vibration ETSI00-019-1.4

VII. 1 KVA UPS ( Part of Server)

It should be able to provide uninterrupted power supply

Note: Suitable stand provided by the bidder for batteries, if there is separate battery bank

provided.

VIII. Inverter 1 KVA with battery

1. It should be able to provide battery backup for at least 6 hours in case of load shedding without any

disruption.

IX. Other Terms & conditions:

1. This is totally a turnkey project and it is the responsibility of the tenderer to design the system, to

supply, install, commission & run the system. 2. It is responsibility of successful bidder to configure the computer as server and to connect it with the

terminals and other equipment. 3. The successful bidder should also train the SODEPUR AREA personnel authorized to operate and

deal with the attendance system to understand the technology and operation. 4. The entire system should be designed in such a way that no data should be lost under any condition. 5. All tools and instruments required for installation should be brought by the successful bidder. 6. The successful bidder should coordinate with Telecom Dept., Administration Dept. and System Dept.

for installation & Commissioning of the system. 7. All safety and security norms should be adhered by the successful bidder. 8. Night Vision IRIP Camera’s Specification has been taken from the data sheet already placed in file.

X. COMPREHENSIVE ANNAUL MAINTENANCE CONTRACT

1. Comprehensive maintenance work is to be done by the successful bidder for 5 years after expiry of

one year’s onsite comprehensive warranty.

2. If average AMC rate quoted by the vendor per annum is less than 5% of value of the supply items,

then an amount equal to the difference of 25% of value of the supply items and AMC value for 5

years quoted by the bidder, shall be deposited as ALR deposit along with the Performance Security

Deposit, by the Successful bidder awarded the work.

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3. Failing to provide the CMC satisfactorily with spares may lead to action on the vendor at the

discretion of the organization which may also lead to “Blacklisting” .

4. The above ALR deposit, if applicable, shall be released after the completion of the AMC period. No

interest shall be payable on ALR deposit.

The Scope of Maintenance work will be as under as applicable to:

1. To carry out all routine schedule maintenance job of the machines / equipment /software supplied by

the successful bidder.

2. The periodicity of preventive maintenance shall be decided by the successful bidder andECL. 3. All spare parts and components have to be supplied and installed free of cost at site during the period of maintenance contract. 4. Providing all patches and upgrades of the firmware and software items, inspection and supervision

services, labours related to the above. 5. The cost of maintenance work will include cost of manpower at site, cost of all spares (landed-price

basis), labour charges and all other charges on as and when required basis. No separate payment will

be made towards the cost of maintenance as the same is a part of the annual maintenance charges,

payable on quarterly basis against invoice/ bill raised for that purpose. 6. All supplied software which includes firmware, operating system pack, other utilities, backup

software, drivers, etc. if any, supplied by the successful bidder to be activated, registered and updated

at all installed locations by the supplier. All service packs, patches, updates bug fixes, related with the

operating system and other software covered under the bill of materials for the respective job, are to

be supplied by the supplier without any additional cost, if required, during the full period of the

maintenance contract. Antivirus license will be renewed by the bidder, during the AMC period

without any extra cost. 7. The System will be considered under major breakdown if more than 2 nos. of Face Readers are not

working or total attendance of a particular location cannot be recorded due to any fault in the

system/equipment. Any such major breakdown or other faults affecting the common features of the

System will be considered as major fault. 8. All Major faults must be attended and rectified within 24 hrs. of reporting. Failing which

proportionate deduction of AMC charges will be done plus additional penalty of 10% of the

proportionate rate for the major break down period beyond 24 hrs, (i.e. deduction = (Total AMC

value per year/ 365 days)*(No. days of major B/D beyond 24 hrs)*1.1) . 9. All other faults should be attended to and restored within 48 hours of reporting failing which

proportionate deduction of AMC charges will be done for the breakdown period beyond 48 hours. 10. In case of failure by the AMC holder to rectify the defects within 15 days, ECL will have the right

to get the defect rectified from any other sources and the cost of such rectification plus ten percent

handling charge will be recovered from the bidder along with the penalty charges as applicable.

Decision of ECL will be final in this matter. 11. In case of unsatisfactory performance of AMC, ECL will have the right to cancel the AMC contract

and/or bar the supplier from taking part in any ECL Tender and/or ask for any compensation and any

other action against the party, as deemed fit by ECL. 12. At the end of the AMC period the bidder will hand over the system in full working order.

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ANNEXURE

PROFORMA FOR UNDERTAKING TO BE SUBMITTED BY BIDDER/S (ON BIDDER'S LETTER

HEAD) FOR GENUINENESS OF THE INFORMATION FURNISHED ONLINE AND

AUTHENTICITY OF THE DOCUMENTS UPLOADED ONLINE IN SUPPORT OF HIS

ELIGIBILITY :

FORMAT OF UNDERTAKING

I / We, ..................................................................................., Proprietor/Partner/Legal Attorney/Director/

Accredited Representative of M/S. ......................., solemnly declare that:

1. I/We am/are submitting Bid for the work……......................................................against NIT No/Tender

ID......................... Dated………………… and I/we offer to execute the work in accordance with all the terms,

conditions and provisions of the bid.

2. Myself/Our Partners/Directors don’t has/have any relative as employee

of........................………………………………………………………... (Name of the Company).

3. All information furnished by us in respect of fulfillment of eligibility criteria and qualification information of

this Bid is complete, correct and true.

4. All copy of documents, credentials and documents submitted along with this Bid are genuine, authentic, true

and valid.

5. I/ We hereby authorize department to seek references / clarifications from our Bankers.

6. *I/We have submitted particulars of existing Sales Tax / VAT registration, if applicable. We also undertake

that Certificate of Registration with appropriate Sales Tax / VAT Authority where the work will be executed

shall be arranged before any payment is made to us.

7. We hereby undertake that we shall register and obtain license from the competent authority under the contract

labour (Regulation & Abolition Act) as relevant, if applicable.

8. *I/We hereby confirm that we have registration with CMPF / EPF Authorities. We shall make necessary

payments as required under law.

Or

*I/We hereby undertake that we shall take appropriate steps for registration as relevant under CMPF / EPF

authorities, if applicable. We shall make necessary payments as required under law.

9. *I/We have not been banned or delisted by any Govt., or Quasi Govt. Agencies or PSUs(In case of JV, all

partners are covered).

Or

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*I / We ………………..have been banned by the organization named “_____________” for a period

of………………… year/s, effective from ………………. to……………………..…..(in case of JV, name(s) of

the JV Partner(s)).

10. If any information and document submitted is found to be false/ incorrect at any time, department may

cancel my/our Bid and action as deemed fit may be taken against me/us, including termination of the contract,

forfeiture of all dues including Earnest Money and banning/ delisting of our firm and all partners of the firm etc.

* Delete whichever is not applicable.

(The concerned department may specify any other specific undertaking to be taken from the bidder/s

while framing the NIT)

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