MODEL DOCUMENT OF REQUEST FOR QUALIFICATION (RFQ) … · 2013-12-25 · before Chairman & all the...

STRICTLY RESTRICTED

FOR CIL USE ONLY The information given in this document is not to be communicated either directly or indirectly to the press or to any person not holding any official position in CIL/ Government.

International Competitive Bidding

MODEL DOCUMENT OF

REQUEST FOR QUALIFICATION (RFQ)

FOR

SETTING UP OF COAL WASHERY OF

2.5/ 5.0/ 10.0 Mtpa

ON

“BUILD-OPERATE-MAINTAIN” BASIS (ON CIL FUNDING)

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STRICTLY RESTRICTED FOR CIL USE ONLY

The information given in this document is not to be communicated either directly or indirectly to the press or to any person not holding any official position in CIL/ Government.

International Competitive Bidding

MODEL DOCUMENT OF

REQUEST FOR QUALIFICATION (RFQ)

FOR

SETTING UP OF COAL WASHERY OF

2.5/ 5.0/ 10.0 Mtpa

ON

“BUILD-OPERATE-MAINTAIN” BASIS (ON CIL FUNDING)

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CENTRAL MINE PLANNING & DESIGN INSTITUTE LTD. (A subsidiary of Coal India Ltd.)

Gondwana Place, Kanke Road, Ranchi – 834 008, JHARKHAND (INDIA)

CMPDI

Job No. 311407149

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PREFACE

In the review meeting held on 11th Jan’2007 at CIL, Kolkata, the necessity for economic washing of high ash coal by setting up washeries of 10 Mtpa, 5 Mtpa & 2.5 Mtpa was appreciated. It was also deliberated in the above meeting that Private Entrepreneurs having core competence in this field are to be encouraged to set up State-of-the-Art Washeries on ‘Build & Operate’ basis, where CIL and its subsidiaries will provide the capital funding and other infrastructure facilities. Generation of Electricity would be done using the rejects by the said operator. Since power generation is a specialised field, a separate scheme/ NIT (refer Item No. 2 of Record Notes of Review by Chairman, CIL on 19.07.07 at CMPDI, Ranchi) shall have to be made for power generation based on rejects. Hence, this Bid Document has envisaged necessary provisions for stacking/ dumping the rejects in the identified Land/ Mine voids to be made available by CIL or its subsidiary to the Washery Operator. The Model Bid Document for washery was prepared by CMPDI in July 2007 on advice of Chairman, CIL vide his letter no. CIL: CH: MoC: 210 dtd. 10.03.07 with a purpose that subsidiaries of CIL will adopt the Model as per their requirement to suit ground conditions in each case and go for Global Tendering (i.e. International Competitive Bidding). Subsequently, a presentation was given before Chairman & all the Directors of CIL, CMDs of other subsidiaries and other dignitaries of CIL on 19.07.2007 during the review of CMPDI. Accordingly, as per the Record note of the Review of CMPDI, Chairman, CIL desired that the document should be modified in line with the various decisions taken during the review meeting and the modified document should be presented to prospective bidders from India & abroad for getting their view points. It was also suggested that the views and points raised by the prospective Bidders should be reviewed by a Screening Committee and views of the Screening Committee should suitably be incorporated in the Model Bid Document. As such, the Model Bid Document (September 2007) was prepared after incorporating views of the Screening Committee. While framing the Model Bid Document (Request for Qualification & Request for Proposal) for washery, all the above provisions were strived to accommodate to the extent it was considered necessary, pragmatic and feasible. As the Selected Bidder has also to operate the plant, it was also considered necessary to fix the responsibility of the maintenance of the plant with the operator of the Washery and thus the subject work has to be executed under BUILD-OPERATE-MAINTAIN (BOM) concept. The Model Bid Document on BOM concept envisages necessary supports by CIL or its subsidiary like : A. For Construction

i) Financing for setting up of the washery (including DG set as stand-by power arrangement for critical equipment/ system) under BOM concept

ii) Land with approach road for setting up of washery iii) Soil investigation report and contour map of the Project site iv) Supply of water (within 100m) & power at a single point (in the washery) on chargeable basis up

to successful PGT

B. For Operation & Maintenance i) Land/ mine voids required for disposal of washery rejects till the contract period. ii) Assured raw coal supply of requisite quality and quantity of (–) 200 or (-) 100 mm size iii) Assured receipt/evacuation of washed coal. iv) In case of despatch of washed coal through Railways, arranging/ indenting of Railway wagons

as well as loading of washed coal into the railway wagon. v) Railway siding/ Belt conveyors/ dumpers & tipping trucks (in case of despatch by road) for

transportation of washed coal.

Continued to next page...

CMPDI

Job No. 311407149

Continued from previous page

vi) Providing power at certain voltage at the point available in the area on the basis of agreed

demand. vii) Reimbursement of additional operating expenses for DG set on actuals. viii) Assured source of water.

C. For Construction & Operation both CIL or its subsidiary will obtain all statutory & regulatory clearances including Environmental Clearances on the basis of technology of the Lowest Bidder. This process of obtaining various clearances may require one year time from the date of identification of Lowest Bidder. After obtaining such clearances, issue of Letter of Acceptance/ Award (LoA) & signing of Contract will be done and thereafter construction period of 18 months will commence. Moreover, Lowest Bidder will have to assist CIL or its subsidiary in all these activities.

Note: However, arrangement for drawal of water and power to the washery during operation will be within the scope of BOM Operator. The Bid Document for setting up washery on BOM concept is to be introduced for the first time in our industry and for which no established manual is available so far. Even CMM of CIL does not cover all the provisions necessary to formulate this type of Model Bid Document on Build-Operate-Maintain concept. Therefore, the document was framed optimally on the strength of a judicious blending of various resources like Contract Management Manual of CIL, earlier Global Bid Document of coal companies, Global Bid Document prepared by CMPDI for NTPC on BOO concept, expertise developed by virtue of preparing different types of other technical & commercial documents. Suggestions of Chairman, CIL during presentation of Model Bid Document on 19.07.07 and views of the Screening Committee over the comments/ suggestions received from CIL & its subsidiary as well as from the prospective Bidders were also incorporated in the document (Sept 2007). Stages of Revision/ Approval: The Model Bid Document (Sept 2007) was presented in the 235th Meeting of Board of Directors of CIL held on 25th Sept ’07 at New Delhi wherein it was approved subject to certain directives to be incorporated in the document. In the 235th Meeting, the Board also authorised Chairman and/ or Director (Technical), CIL to make minor changes in the Bid Document arising after approval of the same by the Board. In 236th Board Meeting, a corrigendum was issued over the directives given by the Board in its 235th Board Meeting. The directives of 235th & 236th CIL’s Board Meeting have been duly incorporated in the Bid Document (December 2007). The Model Bid Document (December 2007) has been vetted by the Finance & Legal Division of CIL, Kolkata. Now, this Model Bid Document (March 2008) has been revised incorporating the comments of Finance & Legal Division of CIL, Kolkata. Papers related to financial & legal vetting by the respective division of CIL, Kolkata are enclosed in RFQ & RFP Document as Addendum – 1A & 2A and 1B & 2B respectively. The Model Bid Document (March 2008) has been amended in view of decisions of CIL Board in its 243rd meeting held on 10.06.2008 at Kolkatta and thereafter discussions held on 31.07.08 with Director (T), CIL at Kolkata. Further, the Model Bid Document (August’08) has been modified in view of the changes in the qualifying criteria of the Associate/ Consortium Route, in light of CIL’s letter no. CIL/ EED/ Wsahery/ Bid Document/ 565 dtd 22.12.08 & discussion held at CMPDI (HQ), Ranchi with the representatives of CGM (EED), CIL on 23.12.08 & 24.12.08 and subsequent approval of the revised provisions by CIL dtd 30.12.08. The salient features/ crux of the Model Bid Document are placed in the “Synopsis” for ready reference.

CMPDI

Job No. 311407149 Signature of Bidder with Seal and Date

i

CONTENTS

Request for Qualification

Section Particulars Page No.

Preface Synopsis Synopsis - 1 to 4 Bid Notice BN – 1 to 3 Disclaimer I to II

1 List of Abbreviations 1-1 to 1-2

2 Definitions 2-1 to 2-10

3 Introduction & Background 3-1 to 3-8

3.1 Desired Profile & Capability of Bidders/ Associates

3-1

3.2 Scope of Work & Responsibility of BOMO and Supports by CIL or its subsidiary

3-2

3.3 Salient Features of Coal Washery 3-6

4 Description of the Selection Process 4-1 to 4-7

4.1 Bidding Process & Evaluation of Bid 4-1

4.2 Pre-Bid Conference 4-6

4.3 Final Award & Notification 4-6

4.4 Signing of Contract 4-7

5 Qualifying Requirements 5-1 to 5-5

5.1 Technical Qualification Requirements (TQR) 5-1

5.2 Financial Qualification Requirements (FQR) 5-3

5.3 Disqualification of the Bidder 5-4

5.4 Responsibility of Holding Company 5-5

6 Instructions to Bidders 6-1 to 6-11

6.1 Availability, Price and Downloading of Bid Document

6-1

6.2 Submission of Offers against Bid Document 6-2

6.3 Opening of Bids 6-3

6.4 Instructions to Bidders 6-3

6.5 Deposits to be paid by the Bidder & Its Associate(s)

6-6

6.6 Time Table and Milestones 6-9

6.7 Validity of Terms of the Bid 6-10

CMPDI


ii

Section Particulars Page No.

6.8 Time Schedule for Bid Evaluation 6-10

6.9 Clarifications 6-10

6.10 Organisation of Bid 6-11

7 Integrity Pact 7-1 to 7-8

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iii

LIST OF EXHIBITS/ ATTACHMENTS/ ANNEXURE

Request for Qualification

Exhibits/ Attach-ments/ Annexure

Particulars Page No.

Exhibit - 1 Format of the Covering Letter E-1 to E-3 Exhibit - 2 Format of Power of Attorney E-4 Exhibit - 3 Format of Memorandum of Understanding

with Associate(s) E-5 to E-8

Exhibit - 4 Format for Submission of Information of Bid for Qualification for Coal Washery on BOM concept

E-9

Attachment - 1 - Format for Submission of Technical Information

E-10 to E-12

Attachment - 2 - Format for submission of Financial Information

E-13 to E-14

Exhibit - 5 Format of Bank Guarantee for Bid Security E-15 to E-16 Exhibit - 6

Format of Letter of Credit for Bid Security E-17 to E-18

Exhibit - 7 Format of Sight Draft E-19 Exhibit - 8 Format of Notification by CIL or its subsidiary

to the Bidder for forfeiture of Bid Security submitted in the form of irrevocable Letter of Credit

E-20

Annexure - 1 List of Banks whose Bank Guarantees would be acceptable for Bid Security, Development Guarantee & Contract Performance Guarantee etc.

E-21 to E-23

Comments/ Suggestions of CIL During Legal & Financial Vetting

Note sheet/ Addendum

Particulars Page No.

Note sheet Note sheet related to Legal & Finance Division of CIL

1 to 5

Addendum – 1A Papers related to Financial vetting of RFQ part of Bid Document

1A – 1 to 1A - 2

Addendum – 2A Papers related to Legal vetting of RFQ part of Bid Document

2A – 1 to 2A - 11

CMPDI


iv

Approval of CIL Regarding Modification in Qualifying Criteria and Inclusion of Integrity Pact

Addendum Particulars Page

No. Addendum – 3A Papers related to approval of CIL dtd 30.12.08

regarding modification in RFQ & RFP part of Bid Document

3A – 1 to 3A - 28

Note : Comments/ Suggestions of CIL During Legal & Financial Vetting and

approval of CIL on revised provisions dtd 30.12.08 are not available in PDF File displayed in the Web Site of CIL

Job No. 311407149 Synopsis - 1

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Sl. No.

Particulars Description

1 Name of the Document Model Document for setting up of Coal Washery of 2.5/ 5.0/ 10.0 Mtpa capacity on ‘BUILD-OPERATE-MAINTAIN’ (BOM) basis (on CIL Funding)

2 Validity of Bid/ Offer 18 (eighteen) months (including Environmental clearances) from the date of opening of the Bid against Request for Qualification (RFQ) document.

3 Annual throughput Capacity 2.5/ 5.0/ 10.0 Million tonnes of raw coal

4 Profile of Bidders Proprietary firm/ Registered Partnership Firm/ A Body Corporate/ Joint Stock Company or equivalent in case of Foreign Bidder(s).

5 Different routes of Bidding Sole Bidder/ Associate (Consortium)

6 Scope of Work of BOM Operator

Planning, Design & Engineering, Selection of necessary equipment & machinery, Procurement, Delivery, Erection/ Installation, Testing, Successful Commissioning of Coal Washing Plant including PGT with two years’ critical spares and all allied activities as well as its subsequent Operation & Maintenance for supply of washed coal of requisite quality at the designated delivery places and disposal of washery rejects on BOM concept.

7 Technology of Washing Freedom of selection of efficient & cost effective state-of-the-art technology lies with the BOM Operator. Washing scheme has to be preferably based on Jig/ Heavy Media Separation (Bath/ Drum/ Cyclone or combination thereof) technology but Bidders are free to offer any other improved / proven technology being used elsewhere in the world.

8 a)

b)

Contract Period: Construction Period (including PGT) Commercial Operation

Eighteen (18) months from the date of contract coming into force i.e. signing of Contract. Ten (10) Years with a provision of reviewing by the Owner for renewal of the contract for each term of five (05) years thereafter, on the basis of same terms & conditions.

9 CIL/ Coal Company’s Obligations

A. For Construction i) Financing for setting up of the washery (including DG set as stand-by power arrangement for critical equipment/ system) under BOM concept ii) Land with approach road for setting up of washery iii) Soil investigation report and contour map of the Project site (indicative for bidding purpose only) iv) Supply of water (within 100m) & power at a single point (in the washery) on chargeable basis up to successful PGT


Sl. No.


B. For Operation & Maintenance i) Land/ mine voids required for disposal of washery rejects till the contract period. ii) Assured raw coal supply of requisite quality and quantity of (–) 200 or (-) 100 mm size iii) Assured receipt/ evacuation of washed coal. iv) In case of despatch of washed coal through Railways, arranging/ indenting of Railway wagons as well as loading of washed coal into the Railway wagon. v) Railway siding/ Belt conveyors/ dumpers & tipping trucks (in case of despatch by road) for transportation of washed coal. vi) Providing power at certain voltage at the point available in the area on the basis of agreed demand vii) Reimbursement of additional operating expenses for DG set on actuals. viii) Assured source of water.

C. For Construction & Operation both CIL or its subsidiary will obtain all statutory & regulatory clearances including Environmental Clearances on the basis of technology of the Lowest Bidder. This process of obtaining various clearances may require one year time from the date of identification of Lowest Bidder. After obtaining such clearances, issue of Letter of Acceptance/ Award (LoA) & signing of Contract will be done and thereafter construction period of 18 months will commence. Moreover, Lowest Bidder will have to assist CIL or its subsidiary in all these activities

Note: However, arrangement for drawal of

water and power to the washery during operation will be within the scope of BOM Operator

10 Core Competence of Bidders Core Competence of Bidders Sole Bidder Route : Core Competence in the field of setting up of Coal Washery/ Ore Beneficiation Plant and operating experience of Coal Washery/ Ore Beneficiation Plant. Associate/ Consortium Route : In case of Consortium/ Associate Route of participation, the maximum no. of consortium partners may go upto 04 (four) and the Lead Member (i.e. Bidder) must have 51% stake. Collectively consortium partners must meet both the TQR i.e. towards ‘set up’ as well as ‘operation’ of Coal Washery/ Ore Beneficiation Plant.

11

Qualifying Requirements of Bidders (For Sole Bidder/ Collectively for Associate/ Consortium)

Setting up of Coal Washery/ Ore Beneficiation Plant of at least 2.5 Mtpa capacity (during last seven years)

a. Technical Qualification Requirement

Operation of Coal Washery/ Ore Beneficiation Plant


Sl. No.


for minimum 2 years at least of 2.5 Mtpa capacity (during last seven years)

b.

Financial Qualification Requirement

- Average annual sales turn over of certain value - Evidence of possessing adequate working capital &

solvency certificate from Bank 12 Stage of Bidding Single stage. However, bid scrutiny will be carried out

in a phased manner 13 Bid Document a) RFQ (Request for Qualification) Document

b) RFP (Request for Proposal) Document including Technical, Commercial & Price Bid along with Sample Contract Form

14 Bidding Currency INR and/ or any single convertible Foreign Currency

15 Bid Price # 1) Cost of setting up of washery including critical spares for 2 (two) years operation and

2) Washing charges for the first year of commercial operation & maintenance.

# In respect of washing charges on per tonne basis, bidders are requested to initially quote their firm price for first year of commercial operation. Thereafter, such charges will be determined taking into account among other parameters, the average percentage variation in WPI of RBI bulletin for Supplies, WPI in respect of Fuel/ Power, Oil & Lubricants; AICPI-IW & Indian Minimum Wages Act for services in respect of indigenous components and similar such authenticated indices published by Central Bank or Government Institution or any other appropriate authority available in public domain as indicated by the Bidder in their offer subject to its acceptance by CIL or its concerned subsidiary, as applicable in case of imported components.

16 Components of Bid Price Bid price (both for cost of Setting up of Washery including critical spares for two years and washing charges for first year of commercial operation & maintenance) should include all the components of Statutory Levies like Custom duty, Excise duty, Sales Tax, Work Contract Tax, Service tax, Education Cess, Ocean Freight & Insurance likely to be levied and governed under Indian Law apart from other such components as applicable in the foreign country of origin including all incidental expenditure like packing, clearing & port handling charges, wharfage, inland insurance, inland freight, inland transportation etc. for execution of the subject work.

17 Direct taxes - On Bidder’s account - On CIL or its subsidiary’s account

Tax liabilities such as Corporate Tax, Income Tax etc. applicable in India and/ or abroad Liability on account of R&D Cess

18 Bid Security/ Earnest Money This will be for an amount of five (5.00) Million (INR) in the form of Banker’s/ Cashier Cheque or irrevocable L/C or BG

19 Release of Bid Security/ Earnest Money

Shall be returned to the Bidders in the following events within 30 days of occurrence : i) Bidders disqualified after evaluation of their Bid for

Qualification ii) Other Bidders not selected (after finalization of the

Selected Bidder)


Sl. No.


20 Financial Security : a) Development Guarantee (towards setting up of the washery) b) Contract Performance Guarantee (towards operation & maintenance of the plant)

10% of value towards set up cost of 2.5/ 5.0/ 10.0 Mtpa plant in the form of BG in INR. This DG is to be shared in proportion to their respective stakes of the Bidder (Lead Member) & its Associates or Consortium Partners. The aforesaid Development Guarantee (DG) will be returned after obtaining Contract Performance Guarantee (CPG) of value equivalent to 10% of the annual washing charges in the form of BG. This CPG shall also be shared in the way similar to that of DG among the Bidder (Lead Member) and its Associates or Consortium partners (likely to continue for the balance contract period of operation & maintenance). Such BG will be operational for the balance period of commercial operation of the Contract Period. This CPG will be substituted annually on the basis of the revised washing charges. This BG for CPG has to be in INR.

21 Release of Contract Performance Guarantee

At the end of the contract period related to operation & maintenance of the plant.

22 LD for Delay @ 0.25% of the Contract price for setting up of the washery per week of delay upto 10 weeks and @ 0.5% thereafter. However, total LD for delay shall not exceed 10% of contract price for setting up of the washery.

23 Mobilization Advance The document envisages a provision for payment of interest bearing mobilization advance equivalent to certain percentage of equipment & erection cost and it will be recovered @ 20% from 2nd running-on-account bills. It should be backed by equivalent Bank Guarantee as acceptable to the designated banker of CIL or its subsidiary.

24 Raw Coal [size (-) 100 mm or (-) 200 mm] Quality on ‘as received basis’

i) Likely Monthly Average Ash % : X ii) Range of Monthly Average Ash % : X + 4 iii) Day to day basis Ash % : X + 4

25 Desired Ash% for Washed Coal on ‘as produced basis’

i) Targeted Monthly average Ash % : Y ii) Maximum Ash (cut-off limit) : …. %| on monthly basis iii)Minimum Ash (cut-off limit) : …. %| & project specific

26 Desired Moisture% for Washed Coal

Shall not be more than 2% on ‘as produced basis’ (day to day basis) over & above raw coal moisture% on ‘as received basis’.

27 Guaranteed Yield% at the targeted washed coal ash of Y%

To be quoted by the Bidder for different monthly average ash% of raw coal (duly correcting the ash% parameter on dry basis)

28 Indian Agent’s Commission etc.

Under no circumstances, CIL or its subsidiary shall make any direct payments of whatsoever nature to the Bidder’s Indian Agent

29 Financial Evaluation On the basis of lowest cost towards cost of set up of washery and washing charges including other associated cost, if any, including impact of Highest value of Guaranteed Yield.

CMPDI

Job No. 311407149 BN - 1 Signature of Bidder With Seal & Date

E-mail ---------------------------

Visit us at our website – http://.................... FAX – (+91-……..) …………, ………….. (nos.)

BID NOTICE

(International Competitive Bidding)

Bid Notice No. ---------------.

Sealed Bids are invited from reputed and experienced Bidders for execution

of the following subject work :

Location Schedules Description of Work Provision of Fund and

infrastructure

Throughput Capacity Construction Operation &

Maintenance Planning, Design & Engineering, Selection of necessary equipment & machinery, Procurement, Delivery, Erection/ Installation, Testing, Successful Commission-ing of Coal Washing Plant including PGT with two years’ critical spares and all allied activities as well as its subsequent Operation & Maintenance for supply of washed coal of requisite quality at the designated delivery places and disposal of washery rejects on BOM concept.

CIL or its subsidiary will provide the capital funding for set up of washery and other infra-structural facilities like land, water, power etc.

2.5/ 5.0/ 10.0 * Mtpa of raw coal

At the pithead of ---------(name of mine) of ----------- (name of CIL or its sub-sidiary)

18 Months (including PGT) from the date of signing of Contract

Ten (10) years with a provision of reviewing by the Owner for renewal of the contract for each term of five (5) years thereafter, on the basis of same terms & conditions

Availability of Bid Document :

The Bid Document will be available from the office of ………………….. (Name

and address of the designated person of CIL or its subsidiary) on payment of

1,00,000 INR (Rupees One Lakh) for Indian Companies or 3,000 USD (Three

thousand US Dollars) or its equivalent amount in any single convertible Foreign

Name of the Coal Company with complete address

CMPDI


Currency for Companies abroad, non-refundable on any working day between 10.00

hrs. to 17.00 hrs. from ……………. to …………….(Date). The Bid Document shall

have to be purchased & Bid to be submitted by the ‘Bidder’ in case of Sole Bidder

Route and by the ‘Lead Member’ (i.e. Bidder) in case of Associate/ Consortium

Route. The amount shall be acceptable only in the form of Account Payee Demand

Draft of any bank (Nationalised/ Scheduled) drawn in favour of “………………….

(Name of the Coal Company)” at ……………….. (Place of Headquarters). No other

form of payment shall be acceptable. The complete Bid Document may also be

downloaded from our website http://......................... and offers submitted on such Bid

Document shall be considered valid for participating in the Bidding process.

The Bidders will be required to submit an undertaking that they will accept the

Bid Document as available on the website and offer shall be rejected if any tampering

is found to be done during the entire Bidding process. The Bidder has to furnish proof

of cost of the Bid Document along with the above undertaking in a separate

envelope.

The pre-requisite for participation in the pre-bid meeting by the prospective

bidders will be the production of documentary proof/ evidence towards the payment

to CIL or its subsidiary for the cost of Bid Document as indicated in Instruction to

Bidders of this Model Bid Document.

The date of the payment instrument towards the cost of Bid Document must

not be beyond the schedule period of sale/ availability of such document in all

conditions.

The above criterion is valid even in case where such Bid Document is

downloaded from the web site.

Schedule date of Bidding events:

i) Expected date of commencement of works : …………………………..

ii) Availability of Bid Document** :

a) Date : From ……. to …………… (on any working day)

b) Time : 10.00 hrs to 17.00 hrs.

CMPDI


iii) Receipt of Bids** : upto 13.00 hrs on …………..

iv) Opening of Bids : 15.00 hrs. on …………………. Against RFQ** v) Pre-bid meeting : Office of ……. (Name & address of the designated

person) on …… at 11.00 hrs. on ………….. (date)

* Strike out whichever is not applicable

** Address of the office & designated person to be specified.

Name & Signature of the person

designated by CIL or its subsidiary with official address

CMPDI


I

DISCLAIMER

The purpose of this Bid Document is to provide interested parties with

information to facilitate formulation of their Offer/ Bid and to seek their Offer/ Bid for

“Setting up of Coal Washery (on CIL funding) as well as its operation & maintenance”

(execution of the subject work) on BUILD-OPERATE-MAINTAIN (BOM) concept at

……… (Place) of ……. (Name of the subsidiary of CIL).

The Bid Document includes statements, which reflect various assumptions,

which may or may not be correct. This Bid Document does not purport to contain all

the information each Bidder may require. The Bid Document may not be appropriate

for all persons and it is not possible for CIL or its subsidiary to consider the

investment objectives, financial situation and particular needs of each Bidder who

reads or uses the Bid Document. Certain Bidders may have a better knowledge than

the others for execution of the subject work. Each Bidder should conduct its own

investigations and analysis and should check the accuracy, reliability and

completeness of the information in the Bid Document and obtain independent advice

from appropriate sources.

Neither CIL or its subsidiary nor its employees or its consultants will have

any liability to any Bidder or any other person under the law of contract, tort, the

principles of restitution or unjust enrichment or otherwise for any loss, expense or

damage which may arise from or be incurred or suffered in connection with anything

contained in the Bid Document, any matter deemed to form part of the Bid

Document, the award for setting up, operating & maintaining of Coal Washery and

any other information supplied by or on behalf of CIL or its subsidiary or its

employees, any of its consultants or otherwise arising in any way from the selection

process for execution of the subject work of the Coal Washery on BOM concept. The

Bidder shall bear all costs associated with preparation and submission of his/ their

bid and CIL or its subsidiary will in no case be responsible or liable for these costs,

regardless of the conduct or outcome of the bidding process.

CMPDI


II

CIL or its subsidiary reserves the right to reject any or all the bids or cancel/

withdraw the Bidding process for execution of the subject work of the Coal Washery

on BOM concept without assigning any reason whatsoever and in such case, no

bidder/ intending bidder shall have any claim arising out of such action.

Though, adequate care has been taken while issuing the Bid Documents, the

Bidder should satisfy himself that documents are complete in all respects. Intimation

of any discrepancy shall be given to this office (as mentioned below) immediately. If

no intimation is received by this office upto 30 days before last date of submission of

the Bid, then this office shall consider that the Bid Document received by the Bidder

is complete in all respects and that the Bidder is satisfied that the Bid Document is

complete in all respects.

Office :

(Address of the office of the designated person of CIL or its subsidiary)

The Bid Document and the information contained therein are confidential

and are for the use of only the person(s) to whom it is issued. It may not be copied or

distributed by the recipient to third parties (other than in confidence to the recipient’s

professional advisors).

CIL or its subsidiary confirms that all information submitted with the proposal

of the bidder shall be treated by CIL or its subsidiary as strictly confidential and such

information shall be shared by CIL or its subsidiary only with its consultants

appointed for the purpose of Bid evaluation.

CMPDI


1 -1

1. LIST OF ABBREVIATIONS

adb Air Dried Basis

AICPI - IW All India Consumer Price Index for Industrial Workers

AIEE American Institute of Electrical Engineers

apb As Produced Basis

arb As Received Basis

ASME American Society of Mechanical Engineers

ASQ Agreed Scheduled Quantity

BARC Bhaba Atomic Research Centre

BG Bank Guarantee

BOM Build-Operate-Maintain BOMO/BOM Operator Build-Operate-Maintain Operator

BS Bid Security

CGI Corrugated Galvanised Iron

CIL Coal India Limited

CMPDI Central Mine Planning & Design Institute Limited

CPG Contract Performance Guarantee

DAE Department of Atomic Energy

DCF Discounted Cash Flow

DG Development Guarantee

EIC Engineer-in-Charge

EMP Environmental Management Plan

FC Foreign Currency

FQR Financial Qualification Requirement

FS Financial Security

FSA Fuel Supply Agreement

GCV Gross Calorific Value

ICB International Competitive Bidding

INR Indian National Rupee

IWSS Integrated Water Supply Scheme

JDU Joint Deed of Undertaking

LD Liquidated Damages

LIBOR London Inter Bank Operating Rate

LM Lead Member

LoA Letter of Acceptance/ Letter of Award

CMPDI


1 -2

LRMC Long Range Marginal Cost

MESQ Monthly Expected Scheduled Quantity

mm Millimetre

MoU/ MOU Memorandum of Understanding

MSQ Monthly Scheduled Quantity

Mtpa Million tonne per annum

NIT Notice Inviting Tender

PGT Performance Guarantee Test

RBI Reserve Bank of India

RFP Request for Proposal Document

RFQ Request for Qualification Document

QR Qualifying Requirements

tph tonnes per hour

TQR Technical Qualification Requirement

TSQ Tentative Scheduled Quantity

UHV Useful Heat Value

USD US Dollar

VM Volatile Matter

WPI Wholesale Price Index

YRF Yield Reduction Factor

YTM Yield to Maturity

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Job no. 311407149 Signature of Bidder with Seal & Date

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2. DEFINITIONS

Note : The singular of any defined term includes the plural and vice versa, and any

word or expression defined in the singular has the corresponding meaning used in

the plural and vice versa.

‘Accepting authority’ shall mean the management of CIL and/ or subsidiary

companies (Owner) or their authorized representative.

'Acceptable Quality' of washed coal shall mean specifications for washed coal

having ash content of ------% monthly average (on ‘as produced basis’) and moisture

addition in washed coal over raw coal maximum upto 2%.

The 'Agreement' shall mean the Contract entered into between the Owner & the

Preferred Bidder (BOMO) for setting up of washery as well as operation &

maintenance of the washery. The Agreement/ Contact will consist of two parts. The

first part of the Contract will contain terms & conditions governing the setting up of

the washery and the second part will be for operation of the washery & maintenance

thereof.

'Approved' shall mean approved in writing including subsequent written confirmation

of previous verbal approval.

‘Associate’ shall mean a proprietary firm/ a registered partnership firm/ a body

corporate/ Joint Stock Company or equivalent in case of Foreign Bidders who forms

consortium in such a way that the consortium collectively possess both the technical

qualification (of set up as well as operation of Coal Washery / Ore Beneficiation

Plant) & Financial Qualification Requirement (FQR). Associate individually may or

may not possess any of the Qualifying Requirements (QR).

‘Authorised Signatory’ shall refer to the person/ persons and organization who

have been so authorised by the Bidder/ Owner to represent them in respect of the

Bid submitted.

'Average Yield' for monthly billing period shall mean the ratio of the quantity of

washed coal (on dry basis) actually measured & delivered to CIL or its subsidiary at

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designated point (to be specified by Coal Co.) produced at desired ash% during the

month to the corresponding raw coal quantity (on dry basis) utilised to process and

produce the said quantity of washed coal in the same period. However, this dry basis

of washed coal & raw coal will be arrived by converting washed coal (as produced

basis) and raw coal (as received basis).

‘Bank Guarantee’ shall mean the Bank Guarantee to be provided by the Bank on

behalf of BOM Operator to the Company/ Owner.

'Base Date' shall mean the actual date on which plant commences its commercial

operation and the same will be considered as a reference date for determining the

period to be considered for payment of washing charges.

‘Beneficiation/ Washing’ shall mean improvement created by scientific treatment

(through wet processes) on coal without destruction of its physical identity for the

desired end use.

‘Beneficiation plant/ Washing plant/ Coal washery/ Washery/ Plant’ shall mean

the plant where improvement is created by scientific treatment (through wet

processes) on coal without destruction of physical identity for the desired end use.

‘Bidder’ shall mean a proprietary firm/ a registered partnership firm/ a body

corporate/ Joint Stock Company or equivalent in case of Foreign Bidders who has

purchased the Bid Document and submitted the Bid. Bidding may be done either as

a Sole Bidder or with Associate (consortium partner) as a Lead Member (having at

least 51% stake) for setting up and operation & maintenance of Coal Washery on

BOM concept. In case of Associate/ Consortium Route, Lead Member of Consortium

will be termed as ‘Bidder’.

‘Bid Document’ shall mean the documents such as RFQ & RFP (including

Technical, Commercial & Price Bid along with Sample Contract Form) being issued

to the Bidders.

‘Bid/ Offer/ Proposal’ shall mean the proposal of the Bidder submitted in response

to the Bid Document issued by CIL or its subsidiary (i.e. RFQ & RFP).

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‘Bid price’ shall mean price quoted by the Bidder(s) towards the costs of setting up

of the washery including cost of critical spares for two years operation (i.e. Project

Capital Cost) and washing charges (including operation & maintenance) for first year

of commercial operation.

‘Bid for Qualification’ shall mean the proposal submitted by the Bidder in response

to the RFQ part of Bid document.

‘Bid for Proposal’ shall mean the proposal submitted by the Bidder in response to

the RFP part of Bid document.

‘Build-Operate-Maintain (BOM)’ refers to the concept in which the ownership of

plant, raw coal & its products will remain with CIL or its subsidiary and finance for

setting up of Plant will be made available by CIL or its subsidiary to the Selected

Bidder who shall be responsible for setting up as well as operation & maintenance of

plant during the entire contract period on payment of the agreed washing/ processing

charges.

‘BOM Operator’ or ‘BOMO’ or ‘Contractor’ wherever occurs means the Selected

Bidder and shall include legal representative of such individual or persons

composing a firm or a company or the successors-in-interest and permitted

assignees of such individual, firm or company, as the case may be.

‘CIL or its subsidiary’ means Coal India Limited and/ or its Subsidiary Companies

and its successors-in-interest and assigns.

‘Codes’ shall mean the following, including the latest amendments, and/ or

replacements, if any :

(a) Standards/ Publications of Bureau of Indian Standards (BIS) relevant to the

works under the contract and their specifications.

(b) Other Internationally approved Standards and/ or rules and regulations

touching the subject matter of the contract, such as:

(i) ASME Test codes.

(ii) AIEE Test codes.

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(iii) American Society of Materials Testing Codes.

(iv) Indian Electricity Act and Rules and Regulations made there under.

(v) Indian Explosive Act and Rules and Regulations made thereunder.

(vi) Indian Petroleum Act and Rules and Regulations made thereunder.

(vii) Indian Mines Act and Rules and Regulations made thereunder.

(viii) Other Rules & Regulations related to the washery environment etc.

(c) Any other laws, rules, regulations and Acts applicable in the country with

respect to factory, labour, safety, compensation, insurance etc.

‘Commercial Operation’ shall mean the operation & maintenance of plant in which

the complete equipment covered under the contract is officially declared by the

Owner to be available for continuous operation after successful PGT. Such

declaration by the Owner however, shall not relieve or prejudice any of the BOM

Operator’s obligations under this contract.

'Commissioning of the Washery' shall mean completion in all respect of

construction of the washery and successful Performance Guarantee Test and

rendering the washery ready for commercial operation.

‘Company’ or ‘Owner’ wherever occurs means the ------------- (CIL or name of the

concerned subsidiary), and/ or its assigns.

‘Consulting Engineer’/’Consultant’ shall mean any firm or person duly appointed

as such from time to time by the Owner.

‘Contract’ shall mean the formal agreement executed between the Owner and the

Selected Bidder for setting up of the washery, operation & maintenance thereof with

the terms & conditions mentioned therein including Bid Notice, the Bid as accepted

by the Owner, specifications, designs & drawings and those to be submitted during

progress of work, scope of work, billing schedule/ schedule of quantities with rates

and amounts etc.

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‘Contract coming into force’/ ‘Effective Date of Contract’ shall mean the date on

which contract is signed between the Owner and the Bidder for the subject work.

‘Contract period’ shall mean a period of eighteen (18) months from the effective

date of contract and extension thereof, if any, for setting up of the washery upto its

successful commissioning and thereafter a period of ten (10) years for operation &

maintenance of the plant by BOM Operator.

‘Contractor's Works’ or ‘BOM Operator’s Works’ shall mean the place of work

used by the Contractor, their collaborators or sub-contractors for the performance of

the works.

Datum Line shall mean the last day of the scheduled month of expiry of completion

period (i.e. 18 months) of the plant from the date of contract coming into force.

A ‘Day’ shall mean a period of 24 hours from midnight to midnight.

‘Drawings’/’Plans’ shall mean all:

a) drawings furnished by the Owner/ Consultant as a basis for proposals,

b) supplementary drawings furnished by the Owner/ Consultant to clarify and to

define in greater detail the intent of the contract.

c) drawings submitted by the BOM Operator with his proposal/bid provided such

drawings are acceptable to the Owner/ Consultant.

d) drawings furnished by the Owner/ Consultant to the BOM Operator during the

progress of the work, and

e) engineering data and drawings submitted by the BOM Operator during the

progress of the work provided such drawings are acceptable to EIC.

‘Engineer’ wherever occurs, means the authorised representative or any other

officer specially deputed by the Company for the purpose of contract and to assist

the Engineer-in-Charge.

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‘Engineer-in-Charge (EIC)/ Designated Officer-in-charge’ shall mean a person of

appropriate seniority who will be responsible for supervising and administering the

contract, certifying payment due to the BOMO, valuing variations to the contract,

awarding extension of time and valuing compensation events. Engineer-in-Charge

(EIC)/ 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 the Delegation of Powers of the company. However, overall

responsibility, as far as the contract is concerned during the period of set up as well

as operation & maintenance will be that of the Engineer-in-Charge (EIC)/ Designated

Officer-in-Charge.

‘Final Acceptance’ shall mean the Owner's written acceptance of the works for

setting up of the washery performed under the contract, after successful completion

of Performance Guarantee Tests. After completion of successful PGT, the plant will

be deemed to be handed over to the BOM Operator for its commercial operation.

‘Government Approvals’ shall mean all permits, licenses, authorizations, consents,

clearances, decrees, waivers, privileges, approvals from and filing with government

instrumentalities necessary for the development, construction and operation of the

plant/project.

‘Guarantee Period’ of the Coal washery, in general, is to be looked by the Bidder &

shall mean guarantee of the entire Coal Washery for at least one year from the

commencement of commercial operation after successful commissioning of the

plant. However, in case the Bidder is having experience of ‘operation’ and its

Associate(s) has/ have the experience of ‘set-up’, the Associate(s) is/ are required to

render the same guarantee.

‘Initial operation’ shall mean the first integral operation of the complete equipment

covered under the contract with sub-systems and supporting equipment in service.

‘Inspector’ shall mean the Owner or any person nominated by the Owner from time

to time to inspect the equipment, stores or works under the contract and/or the duly

authorised representative of the Owner.

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‘Lead Member’ (LM) shall mean the Bidder who has at least 51% stake and continue

to perform the obligations towards the subject work for the entire contract period in

case of Consortium/ Associate Route having maximum no. of consortium partners

upto 4 (four). The Lead Member has to fulfil the Financial Qualification Requirement

of the Bid. In case of Associate/ Consortium Route, Lead Member of Consortium will

be termed as ‘Bidder’. The Lead Member may or may not have any Technical

Qualification Requirement (TQR) though the Lead Member has to fulfil the Financial

Qualification Requirement (FQR) of the Bid. Lead Member of Consortium/ Associate

must be identified through MoU and subsequently through JDU.

‘Letter of Acceptance’/ ‘Letter of Award’ (LoA) of the Bid shall mean the official

communication issued by the Owner notifying the Preferred Bidder about acceptance

of its Bid & inviting for signing of Contract.

‘Month’ shall mean a calendar month according to the Gregorian calendar.

‘Performance Guarantee Tests (PGT)’ shall mean all operational checks and tests

which are required to determine and demonstrate capacity, efficiency and operating

characteristics (such as consumption of electricity & water etc.) as specified in the

Bid Document.

‘Preferred Bidder’ shall mean the eligible Bidder invited by CIL or its subsidiary for

entering into contract for execution of the subject work on BOM concept.

‘Price Bid’ shall mean the proposal submitted by the Bidder giving details of the

price part as per the formats given in the RFP part of the Bid document.

The price part of the Bidder on BOM concept shall have two parts i.e. INR and/or any

convertible Foreign Currency towards:

i) the cost for setting up of coal washery and

ii) the charges for washing of coal to get desired quality (including maintenance

of the plant) for one year of commercial operation and subsequent delivery of

washed coal to CIL or its subsidiary at the designated places.

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‘Project capital cost’/ ‘Set-up Cost’ shall mean the capital cost indicated by the

bidder in their offer for setting up of the washery including cost of critical spares for

two years operation.

‘Project’ shall mean any and all infrastructure facilities proposed to be put up for

setting up of Coal Washery on BOM concept for which finance is provided by CIL or

its subsidiary.

‘Qualified Bidders’ shall mean the Bidders short-listed based on the Bid for

Qualification for further techno-commercial evaluation as per RFP part of the Bid.

'Rejects' shall mean the waste coal product produced during operation of the

washery having ash% (as produced basis) as quoted by the BOM Operator.

‘Request for Proposal or RFP’ shall mean one of the documents issued by CIL or

its subsidiary as a part of Bid Document for submitting the Techno-commercial as

well as Price Bid. It will also contain Sample Contract Form.

‘Request for Qualification or RFQ’ shall mean one of the documents issued by CIL

or its subsidiary as a part of Bid Document for submitting the Bid for Qualification.

‘Selected Bidder’ shall mean the Preferred Bidder that finally enters into contract

with CIL or its subsidiary for execution of the subject work of Coal Washery on BOM

concept.

‘Set up’ shall mean execution of Coal washery from concept to commissioning which

inter-alia includes planning, design & engineering, selection of necessary equipment

& machineries, procurement, delivery, erection/ installation, testing, successful

commissioning of coal washery plant including PGT and all allied activities with two

years’ critical spares.

Words importing ‘singular’ only shall also include the plural and vice-versa where

the context so requires. Similarly the words with ‘masculine’ meaning shall also refer

‘feminine’ meaning as per the requirement/ suitability of the text.

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‘Set up period’ is a period of 18 months and any extension thereof required for set

up of the washery up to successful commissioning including Performance Guarantee

Tests (PGT) after signing of the Contract.

‘Site’ shall mean the place of the contract work including land and any building and

erections thereon and any other land allotted by the company for Contractor's use in

the execution/ performance of the contract.

‘Sub-contractor’, as employed in the Bid Document, includes those having a direct

contract with Contractor either on piece rate, item rate, time rate or on 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 supplied

materials.

‘Specification’ shall mean the technical specifications forming a part of the contract

and such other schedules and drawings as may be mutually agreed upon.

‘Start-up’ shall mean the time period, which is required to bring the equipment

covered under the Contract from an inactive condition, when construction is

essentially complete to the state ready for trial operation. The start-up period shall

include preliminary inspection and check out of equipment and supporting sub-

systems initial operation of the complete equipment covered under the Contract to

obtain necessary pre-trial operation data, perform calibration and corrective action;

shut down inspection and adjustment prior to the trial operation period.

‘Subject Work’ shall mean entire scope related to ‘setting up of washery’ as well as

its ‘operation & maintenance’.

‘Techno-commercial Bid’ shall mean the proposal submitted by the Bidder in

response to the RFP part of the document, except the Price Bid.

'Temporary Works' shall mean all temporary works of every kind required in or for

the execution, completion or maintenance of the works.

‘Washed Coal’ shall mean the final product of Washery which satisfies the quality

parameters laid down in the Bid Document/ Contract Document.

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‘Works’ shall mean and include the furnishing of equipment, labour and the services

in accordance with the contract or parts thereof as the case may be and shall also

include all extra or additional, altered or substituted works or any work of emergent

nature, which in the opinion of the Engineer-in-Charge (EIC), become necessary

during the progress of the works to obviate any risk or accident or failure or become

necessary for security.

‘Written notice & serving thereof’ shall mean a notice or communication in writing

and shall be deemed to have been duly served if delivered in person to the individual

or to a member of the firm or to an office of the Corporation/ Company for whom it is

intended, or if delivered at or sent by registered mail/ e-mail to the last business

address known to him who gives the notice.

Note

i) When the words "Approved", "Subject to Approval", "Satisfactory", "Equal to",

"Proper", "Requested", "As directed", "Where directed", "When directed",

"Determined by", "Accepted", "Permitted", or words and phrases of like import are

used, the approval, judgment, direction etc. is understood to be a function of the

Owner/ Engineer/ Engineer-in-Charge (EIC).

ii) Terms and expressions not defined herein shall have the same meaning as are

assigned to them in the “Indian Sale of Goods Act”, failing that in the “Indian Contract

Act”, and failing that in the “General Clauses Act”.

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3. INTRODUCTION & BACKGROUND

CIL or its subsidiary proposes to execute the subject work of a Coal Washery

on BOM concept at ………………… (Place) for use of washed coal by …………..

(Name of consumer) at …………………. (Place), or as they deem fit. For this

purpose, CIL or its subsidiary is inviting Bid through “International Competitive

Bidding Route” from prospective bidders for execution of the subject work of Coal

Washery on BOM basis. The objective is to select a Bidder, who has the technical,

financial and organisational capability to Build, Operate & Maintain the Coal Washery

and ensure reliable, uninterrupted supply of washed coal of requisite quality & quantity

for the clients of CIL or its subsidiary.

3.1 DESIRED PROFILE & CAPABILITY OF BIDDERS/

ASSOCIATES

3.1.1 Profile

The Bidder/ Associates shall be either proprietary firm/ registered partnership

firm/ body corporate/ joint stock company or equivalent in case of foreign bidder(s).

3.1.2 Technical Capability

The Bidder(s) should have access (either of their own in case of sole bidder

route or through their associates in case of associate/ consortium route) to the state-

of-the-art technology and previous experience from concept to commissioning which

inter-alia includes planning, design & engineering, selection of necessary equipment

& machinery, procurement, delivery, erection/ installation, testing, successful

commissioning of Coal Washing Plant/ Ore Beneficiation Plant and all allied activities

including PGT as well as operation & maintenance of Coal Washery/ Ore

Beneficiation Plant, so as to execute the subject work of Coal Washery and ensure

reliable, uninterrupted supply of desired quantity & quality of washed coal for the

client(s) of CIL or its subsidiary. Details are given at Cl.no.5.1 of this document.

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3.1.3 Financial Capability

The Bidder in case of Sole Bidder Route & Lead Member in case of

Associate/ Consortium Route should have adequate financial capability in terms of

average annual sales turn-over and working capital to meet the financial

commitments commensurate with the scope of work. Details are given at Cl. No. 5.2

of this document. This financial capability of bidders shall be evaluated for those

bidders who will continue to perform the obligations towards the execution of the

subject work for the entire contract period, such as Lead Member in case of

Consortium/ Associate Route.

3.2 SCOPE OF WORK & RESPONSIBILITY OF BOMO AND

SUPPORTS BY CIL OR ITS SUBSIDAIRY

3.2.1 Scope of Work & Responsibility of BOMO

3.2.1.1 Setting Up of Coal Washery

The scope of work of the Bidder broadly covers planning, design &

engineering, selection of necessary equipment & machinery, procurement, delivery,

erection/ installation, testing, successful commissioning including PGT of coal

washing plant and all allied activities for setting up of Coal Washery on BOM concept

and ensure reliable, uninterrupted supply of desired quantity & quality of washed coal

for the client(s) of CIL or its subsidiary. For safety & security of the washery and its

properties including raw coal & its products, the entire washery complex shall be

provided with boundary wall of adequate height. CIL or its subsidiary will provide

required capital funding for setting up of the washery.

Washery complex in general shall include the provision of raw coal receiving

arrangement, main coal washing plant, delivery arrangement of washed coal,

emergency stockpile of raw coal & washed coal and all allied facilities such as

thickeners, slurry pond, different service buildings etc.

3.2.1.2 Operation & Maintenance of Coal Washery

Though the Washery will wash the coal provided by CIL or its subsidiary, the

ownership of raw coal, washed coal and rejects including slurry (if any) shall remain

with CIL or its subsidiary.

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The scope of work of the Bidder also covers operation and maintenance of

the plant for a period of ten (10) years (after successful commissioning of the

washery). Performance of the contract shall be reviewed during the period of 10th

year by the Owner and based on the performance of the BOMO, the contract may be

renewed for a further period of five (05) years initially, from the date of expiry of 10th

year with the option of renewal of the contract for further five (05) years after the end

of such extended period of five (05) years, on the basis of the same terms &

conditions and this scope include the following:

i) Receipt of raw coal of specified quality & quantity from linked mines at

washery end provided by CIL or its subsidiary.

ii) Washing of raw coal to meet requisite quality & quantity of washed coal.

iii) Delivery of washed coal to CIL or its subsidiary at designated delivery places.

iv) Maintenance of the plant.

3.2.1.3 Disposal of Washery Rejects

Transportation and disposal of washery rejects to the identified site (i.e.

land/mine voids) shall be the responsibility of the BOMO. If the average gross

calorific value of the reject is more than 1500 Kcal/ kg or usable in the FBC based

Power Plant, then the reject will have to be segregated for using in FBC based

Power Plant and these rejects of high heat value and low heat value will have to be

stacked at two different identified sites (earmarked by CIL or its subsidiary). The

methodology of determination of GCV & mechanism of segregation of rejects of

lower & higher heat value will be jointly decided by BOMO & Coal Co. The details

and distances of these identified sites from the washery site are indicated in the ‘Site

Plan showing land use’ (Refer Drg. No. 1) in the Bid Document. The disposal of

rejects will be with due arrangement of compaction and consolidation as per norms

of Environment Management Plan (EMP) duly approved by State/ Central and other

concerned agencies.

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3.2.1. 4 Statutory & Regulatory Clearances

Though, the responsibility of obtaining statutory and regulatory clearances

lies with the Owner (CIL or its subsidiary) but while operating, the BOMO must

comply with all statutory and regulatory requirements.

3.2.1.5 Schedules

The indicative schedules for the Bid process are as follows: Location Schedules Description of Work Provision of Fund

and infrastructure Throughp

ut Capacity

Construction Operation & Maintenance

Planning, Design & Engineering, Selection of necessary equipment & machinery, Procurement, Delivery, Erection/ Installation, Testing, Successful Commissioning of Coal Washing Plant including PGT with two years’ critical spares and all allied activities as well as its subsequent Operation & Maintenance for supply of washed coal of requisite quality at the designated delivery places and disposal of washery rejects on BOM concept.

CIL or its subsidiary will provide the capital funding for set up of washery and other infrastructural facilities

2.5/ 5.0/ 10.0 * Mtpa of raw coal

At pithead of the mine of -------------(name of mine of subsidiary of CIL)

18 Months (including PGT) from the date of signing of Contract

Ten (10) years with a provision of reviewing by the Owner for renewal of the contract for each term of five (5) years thereafter, on the basis of same terms & conditions


The other details and information of general nature are indicated in this

document under the caption of “Salient features of the Coal Washery” at para 3.3 of

this Section of RFQ document.

3.2.1.6 Environmental and other statutory & regulatory clearances

The Selected Bidder shall be responsible for execution of coal washery from

concept to commissioning which inter-alia includes planning, design & engineering,

selection of necessary procurement, delivery, erection / installation, testing,

successful commissioning as well as operating & maintaining the coal washing plant

and all allied activities in compatible manner as per the norms laid down by Central/

State Pollution Control Boards or any other agency as applicable. However, CIL or its

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subsidiary shall be responsible for obtaining all such environmental and other

clearances from Central/ State Pollution Control Boards or any other agency as

applicable. However, the Bidder shall provide all necessary assistance/ support in

this regard as necessary.

3.2.2 Supports by CIL or its subsidiary

CIL or its subsidiary shall provide the supports to the BOMO for the subject

work as given hereafter.

3.2.2.1 For Construction

i) Financing for setting up of the washery (including DG set as stand-by

power arrangement for critical equipment/ system) under BOM concept

ii) Land with approach road for setting up of washery

iii) Soil investigation report and contour map of the Project site (indicative

for bidding purpose only)

iv) Supply of water (within 100m) & power at a single point (in the

washery) on chargeable basis up to successful PGT

3.2.2.2 For Operation & Maintenance

i) Land/ mine voids required for disposal of washery rejects till the

contract period.

ii) Assured raw coal supply of requisite quality and quantity of (–) 200 or

(-) 100 mm size

iii) Assured receipt/evacuation of washed coal.

iv) In case of despatch of washed coal through Railways, arranging/

indenting of Railway wagons as well as loading of washed coal into the

railway wagon.

v) Railway siding/ Belt conveyors/ dumpers & tipping trucks (in case of

despatch by road) for transportation of washed coal.

vi) Providing power at certain voltage at the point available in the area on

the basis of agreed demand.

vii) Reimbursement of additional operating expenses for DG set on actuals.

viii) Assured source of water.

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3.2.2.3 For Construction & Operation both

CIL or its subsidiary will obtain all statutory & regulatory clearances including

Environmental Clearances on the basis of technology of the Lowest Bidder. This

process of obtaining various clearances may require one year time from the date of

identification of Lowest Bidder. After obtaining such clearances, issue of Letter of

Acceptance/ Award (LoA) & signing of Contract will be done and thereafter

construction period of 18 months will commence. Moreover, Lowest Bidder will have

to assist CIL or its subsidiary in all these activities.

Note: However, arrangement for drawal of water and power to the washery during

operation will be within the scope of BOM Operator.

3.3 SALIENT FEATURES OF COAL WASHERY

The salient feature of the provision, which is covered in detail in the RFP

Document, is given hereafter.

1. Washery Capacity : 2.5/ 5.0/ 10.0 Mtpa of raw coal input

2. Selection of Technology: Freedom of selection of efficient & cost

effective state-of-the-art technology lies with

the BOM Operator. Washing scheme has to

be preferably based on Jig/ Heavy Media

Separation (Bath/ Drum/ Cyclone or

combination thereof) technology but Bidders

are free to offer any other improved / proven

technology being used elsewhere in the world.

3. Construction/ Set-up : 18 months including PGT (from the date of Period signing of the Contract).

4. Life of the Washery : ------ years after successful commissioning of

the plant commensurate with the life of the

linked mines.

5. Washing Charges : Washing charges will be paid to the Selected

Bidder in Indian Rupees (INR) and/ or single

convertible Foreign Currency, in which the

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bidder has quoted, on the basis of rate for per

tonne of raw coal washed. However, for arriving

at such quantity of raw coal washed, the

following mechanism will be followed:

i) Normally the quantity of raw coal delivered

to BOMO in a particular month by a Coal Co.

will be considered.

ii) In case, the quantity of raw coal processed

in the washery by BOMO in the particular

month is more or less than the quantity of raw

coal supplied by the Coal Co., then the BOMO

will give declaration (to the satisfaction of the

owner) regarding the actual quantity of raw coal

washed. The washing charge will be arrived on

the basis of declared quantity of raw coal in that

particular month under consideration.

However, such quantity of raw coal processed

during the year shall match with the raw coal

quantity delivered to BOMO by the Coal Co. in

that year.

6. LD for delay : In the event of failure to successful

commissioning of the plant within the stipulated

period, the Selected Bidder will be liable to pay

Liquidated Damages (LD) for delay. LD for

delay will be @ 0.25% of the Contract price for

setting up of the washery per week of delay

upto 10 weeks and @ 0.5% thereafter.

However, total LD for delay shall not exceed

10% of Contract Price for setting up of the

washery.

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7. Validity of Bid/ Offer : 18 (eighteen) months (including Environmental

clearances and signing of Contract) from the

date of opening of the Bid against Request for

Qualification (RFQ) document.

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Job No. 311407149 Signature of Bidder with Seal & Date

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4. DESCRIPTION OF THE SELECTION PROCESS

CIL or its subsidiary is conducting the Bidding Process (on single stage

bidding) for setting up of Coal Washery at --------- on BOM basis based on the

fulfilment of necessary qualification criteria by the Bidder, to ensure reliable &

uninterrupted supply of desired quantity & quality of washed coal supply to CIL or its

subsidiary for its linked clients.

4.1 BIDDING PROCESS & EVALUATION OF BID

4.1.1 a) Bidding Process

Bidding will be single stage.

The Single Stage Bidding shall comprise of issuing the following two

documents altogether:

i) Request for Qualification (RFQ)

ii) Request for Proposal (RFP) & Sample Contract Form

The Bidder is required to submit their offers in a sealed envelope containing

three sealed envelopes 1, 2 & 3 comprising of the following:

Envelope 1 : Bid for Qualification against RFQ in three parts duly sealed

separately

Part-1 : Bidders who have purchased the Bid Document

shall have to furnish Bid Security only at the time of

submission of bid but the bidders who have downloaded the

bid Documents shall have to furnish Bid Security, cost of Bid

Document & undertaking of non-tampering of Bid Document.

Both (a) & (b) shall be sealed separately.

a) Bid Security

b) Proof of cost of Bid Document & undertaking (in case of

downloaded Bid Document)

Part-2 : Bid for Qualification against RFQ Document.

Part-3 : Integrity Pact.

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Envelope 2 : Bid for Proposal against RFP and Sample Contract Form in

three parts duly sealed separately

Part 1 : Technical Bid

Part 2 : Commercial Bid

Part 3 : Acceptance of provision of `Sample Contract

Form’

Envelope 3 : Price Bid (duly sealed separately) against RFP.

4.1.1 b) Evaluation of Bid

Part-1 of Envelope 1, i.e. a) Bid Security and b) cost of Bid Document &

undertaking (in case of downloaded Bid Document) shall be opened first and if the

same is found compliant to the requirements of the Clause 6.5.1 & 6.1.3 of Section 6

of this RFQ Document, then only the Part-2 & Part-3 of Envelope 1, i.e. Bid for

Qualification & Integrity Pact respectively shall be opened.

The offers against RFQ part of Bid (i.e. Envelope 1) will be opened &

scrutinised for meeting the stipulated qualifications based on which bidders will be

short-listed, who will be referred to as ‘Qualified Bidders’ thereafter.

After short-listing, the offers against RFP part of Bid (i.e. Envelope-2)

containing Part 1, 2 & 3 will be opened for the Qualified Bidders only. ‘Price Bid’

(Envelope-3) will be opened after evaluation of Bid contained in Envelope 2.

Amongst short listed bidders, after complete evaluation of offers against RFP part of

Bid (Envelope 2 & 3) ‘Lowest Bidder’ will be identified. On the basis of technology of

the ‘Lowest Bidder’, Coal Co. shall obtain Environmental & other clearances and

issue LoA to the ‘Lowest Bidder’ and shall be referred to as ‘Preferred Bidder’ who

will be eligible for entering into Contract. After entering into contract, the ‘Preferred

Bidder’ will be referred to as the `Selected Bidder’ for all practical purposes.

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4.1.2 Financial Evaluation

CIL or its subsidiary will evaluate and compare the Price Bids, after

evaluation of Technical & Commercial Bids and acceptance of provision of ‘Sample

Contract Form’ against RFP part of Bid Document as per Clause No. 4.1.1 of RFQ.

The financial evaluation of bid shall be made on Long Range Marginal

Cost (LRMC) basis using Discounted Cash Flow (DCF) technique. In order to

calculate LRMC, the time stream of the cash outflow for eleven & half (1.5+10) years

on account of all payments (both quoted & notional) to be made (both FC and INR)

to the Selected Bidder by CIL or its subsidiary towards setting up of the washery and

washing charges payable during the contract period of commercial operation for 10

years shall be considered. Details are as given hereafter:

a) The quoted offer price on account of set-up will be treated as firm price

and will be considered for the purpose of this Financial Evaluation. While, the quoted

offer price on account of washing charges per tonne of raw coal for the first year will

be considered as the cash outflow in its absolute value for the first year of

commercial operation and will be treated as the base prices for projection of washing

charges for the next year.

b) For the purpose of this evaluation, yearwise notional cash outflow on

account of washing charges will be determined. Washing charges for the 2nd year of

commercial operation will be determined using average variation for the last five

years immediately preceding the 1st year under consideration (for which the Bidders

have quoted their firm washing charges) in the respective indices such as WPI of

RBI for the applicable items in respect of supplies; WPI in respect of Fuel/ Power, Oil

& Lubricants; AICPI – IW; Indian Minimum Wages Act as applicable in case of

indigenous labour component and similar such authenticated indices published by

Central Bank or Government Institution or any other appropriate authority & available

in public domain as indicated by the Bidder in their offer, as applicable in case of

imported components for operation & maintenance of the plant. The same average

variation in the indices will be utilised to arrive at the washing charges for each year

of the balance period of 08 (eight) years of commercial operation. Using these

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yearwise washing charges, notional cash outflow on account of washing charges for

each year of 10 years period of commercial operation will be determined.

In case, there is more than one Bidder for the subject work quoting their

price in the same currency but indices quoted differ from bidder to bidder, then in

such case the evaluation will be done utilizing the respective indices quoted by

different bidders. However, bidders have to quote the indices applicable in the

country of the currency(ies) in which they have quoted their price offer.

c) Apart from the above said quoted price, this evaluation will also consider

the following:

- any additional cost proposed to be incurred by CIL or its subsidiary

towards any supplies to be arranged and/ or services to be rendered at the

specific request of the Bidder.

- annual power and water cost to be incurred by CIL or its subsidiary on

the basis of the guaranteed specific power and water consumption per

tonne of raw coal processed. The prevailing rate of power and water tariff

will be considered for determination of such cost. Though, the supply of

power & water for operation & maintenance of the plant for the agreed

demand will be provided without any charge, the cost incidence of these

components will be escalated considering 75% as fixed wherever required.

- Prospective Bidders will have to quote Minimum Guaranteed Yield (MGY)

for different monthly average ash% of raw coal at the targeted ash%

(monthly average) of washed coal. The bidder, who will quote highest

value of MGY at the targeted ash% will be termed as ‘Reference Bidder’

and no impact due to lower yield will be imposed on that ‘Reference

Bidder’ whereas on other bidders who have quoted lesser yield, impact

due to lower yield will be imposed. Lesser quantity of washed coal for ten

years (because of lower yield) of commercial operation corresponding to

the annual throughput capacity will be worked out for each bidder and this

quantity of washed coal will be multiplied by the prevailing/ indicative sale

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price of washed coal (on the date of opening of Price Bid) to ascertain the

quantum of impact to be considered on each bidder for the purpose of

financial evaluation.

d) To facilitate evaluation & comparison, the discounting rate for calculation

of present value of the above outflow shall be as follows:

i) In case of cash outflows in Foreign Currency, the rate of discount will be

10 (ten) years SWAP rates against three months’ LIBOR of the respective

Foreign Currency plus 150 basis points for such purpose. The present

value of Foreign Currency during the time stream thus calculated is to be

converted into equivalent INR amount at bill selling rate of State Bank of

India as on the date of opening of price bid.

ii) In case of INR component of the cash outflow, the discounting rate will

be the Yield to maturity (YTM) rate of ten years Government of India bonds

prevailing on the date of opening of the price bid plus 150 basis points.

iii) Impact of lower yield will simply be considered without any discounting

(as this is to be arrived on the present realisable value of washed coal at

the prevailing/ current sales price of washed coal at targeted ash%).

e) The bidder with the lowest cost in terms of present value of overall cost will

be identified as ‘Lowest Bidder’. However, CIL or its subsidiary reserves the right to

reject even the lowest bid in the event the project becomes unviable.

f) For understanding of the prospective bidders, a ‘Format for DCF Analysis for

Financial Evaluation of the Price Bid’ is given at Enclosure – 1 of Section – 10 of

RFP Document.

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4.2 PRE-BID CONFERENCE

The Bidders, seeking any clarification, are required to submit the same in

writing to the CIL or its subsidiary upto 30 days before the last date of submission of

the Bid. CIL or its subsidiary may organise a Pre-Bid Conference with all the parties

who purchase the Bid Document, wherein such clarifications shall be discussed and

necessary clarifications will be provided. For the purpose of participation in any pre-

bid meeting, all bidders are directed to ensure that they have procured the Bid

Document on payment of requisite fee or downloaded the Bid Document and have

paid for it before attending this Pre-Bid Conference.

4.3 FINAL AWARD & NOTIFICATION

4.3.1 Letter of Award/ Letter of Acceptance (LoA)

Award shall be made by CIL or its subsidiary to a Preferred Bidder

subsequent to comprehensive evaluation of Qualification Requirement, Techno-

commercial and Price Bids received for the scope of work defined in the Bid

Document, as elaborated above and after obtaining Environmental & other

clearances by CIL or its subsidiary. Thereafter, CIL or its subsidiary shall enter into Contract with the Preferred

Bidder within 30 days after issue of LoA. In case the Preferred Bidder fails to enter

into a Contract with CIL or its subsidiary due to any reasons whatsoever, within the

stipulated time to be indicated by CIL or its subsidiary, then CIL or its subsidiary shall

go for re-tendering. The Bidder, who finally enters into a Contract with CIL or its subsidiary for

the subject work at ………………. shall be designated as the ‘Selected Bidder’. 4.3.2 Notification of Award

4.3.2.1 CIL or its subsidiary will notify the Preferred Bidder in writing by registered

letter’ or by cable or fax to be confirmed in writing by registered letter, that its bid has

been accepted. 4.3.2.2 Upon issuance of written notification of award in terms of sub clause 4.4.2. of

this Section, bid process shall be deemed to have concluded & Contract come into

force between the Selected Bidder and CIL or its subsidiary.

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4.4 SIGNING OF CONTRACT

4.4.1 In case CIL or its subsidiary notifies the Preferred Bidder that its bid has

been accepted, CIL or its subsidiary will send the Bidder the Contract Form, sample

of which is provided in the Bidding Documents, incorporating all terms and conditions

for execution. 4.4.2 Within 30 days of despatch by air-courier of the Contract Form the Preferred

Bidder shall sign & date the Contract and return it to CIL or its subsidiary. CIL or its

subsidiary would communicate the Bidder about despatch of Contract Form by Fax.

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5. QUALIFYING REQUIREMENTS

The Bidders for Coal Washery under “Build- Operate-Maintain” (BOM)

Concept should meet the Qualifying Requirements stipulated hereunder:

5.1 TECHNICAL QUALIFICATION REQUIREMENTS (TQR)

5.1.1 ‘Set Up’ Qualification Requirement

Should have set up (during the last seven years ending …………………..i.e.

last day of month previous to the one in which BID is invited) Coal Washery/ Ore

Beneficiation Plant at least of capacity 2.5 Mtpa.

5.1.2 ‘Operating’ Qualification Requirement

Should have minimum two (2) years experience of operating Coal

Washery/ Ore Beneficiation Plant (during the last seven years ending

…………………..i.e. last day of month previous to the one in which BID is invited) at

least of capacity 2.5 Mtpa.

5.1.3 Sole Bidder Route

In case, the Bidder meets both the requirements i.e. 5.1.1 & 5.1.2 above, he

may participate as a “Sole Bidder”.

5.1.4 Associate/ Consortium Route

In case of Consortium/ Associate Route of participation, the maximum no. of

consortium partners may go upto 04 (four) and the Lead Member (Bidder) must have

51% stake. Collectively consortium partners must meet both the TQR i.e. towards

‘set up’ as well as ‘operation’ of Coal Washery/ Ore Beneficiation Plant. In this route,

individual associate may or may not possess any of the TQR as well as FQR. In such

a case, the Bidder:

a) shall furnish a MoU with his Associate(s)/ Consortium partner(s) (as per

format given in the RFQ bid document) along with the RFQ Bid, and

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b) shall furnish a JDU (Joint Deed of Undertaking) prior to signing of Contract

(provided the bidder has got LoA on the basis of bid evaluation) as per format given

in the RFP bid document wherein the Bidder and his associate(s), shall be jointly and

severally responsible for setting up of Coal Washery as well as performance of the

contract with regard to operation & maintenance as per the period specified

hereafter.

i) In case, the Bidder (Lead Member) himself meets the TQR as stipulated at

5.1.2 (towards operation) then at least one of its associates must meet the

other TQR as stipulated at 5.1.1 (towards set up). In such case, any of the

other associate(s) may have the liberty to dissociate any time but after a

minimum period of one year from the date of expiry of Guarantee Period of

the Coal Washery. However, the Bidder (LM) having TQR of 5.1.2 shall

have to continue for the entire contract period.

ii) In case, the Bidder (Lead Member) himself meets the TQR stipulated at

5.1.1 (towards set up) then at least one of its associate(s) must meet the

other TQR as stipulated at 5.1.2 (towards operation). In such case, any of

the associate(s) except one associate having TQR of 5.1.2, may have the

liberty to dissociate any time but after a minimum period of one year from

the date of expiry of the Guarantee Period of the Coal Washery. One

associate having TQR of 5.1.2 shall have to continue for entire term of the

contract period alongwith the Bidder (LM).

iii) In case, the Bidder (Lead Member) himself meets only the FQR stipulated

at 5.2, then the other associate(s) must collectively meet both the TQR

(5.1.1 i.e. towards set up and & 5.1.2 i.e. towards operation). In such case,

any of the other associate(s) except one associate having TQR of 5.1.2

(towards operation) may have the liberty to dissociate any time but after a

minimum period of one year from the date of expiry of Guarantee Period of

coal washery. However, the Bidder (LM) having FQR of 5.2 alogwith one of

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the associate(s) having experience of 5.1.2 (towards operation) shall have

to continue for the entire contract period.

5.1.5 Submission of MoU & JDU

Bidders shall be required to submit Memorandum of Understanding (MoU)

entered with the Associate(s) alongwith their Bid against RFQ (i.e. Envelope 1). The

Joint Deed of Undertaking (JDU) shall be submitted on the date specified by CIL or

its subsidiary prior to signing of the Contract.

5.1.6 Lead Member

Lead Member (LM) shall mean the Bidder who has at least 51% stake and

continue to perform the obligations towards the subject work for the entire contract

period in case of Consortium/ Associate Route having maximum no. of consortium

partners upto 4 (four). The Lead Member has to fulfil the Financial Qualification

Requirement of the Bid. In case of Associate/ Consortium Route, Lead Member of

Consortium will be termed as ‘Bidder’. The Lead Member may or may not have any

Technical Qualification Requirement (TQR) though the Lead Member has to fulfil the

Financial Qualification Requirement (FQR) of the Bid. Lead Member of Consortium/

Associate must be identified through MoU and subsequently through JDU.

5.2 FINANCIAL QUALIFICATION REQUIREMENTS

Financial Qualification Requirements (FQR) will be applicable for those

Bidders who will continue to perform the obligations towards the execution of the

subject work for the entire contract period such as Sole Bidder. However, in case of

Consortium/ Associate Route, Lead Member only will have to meet the FQR of the

Bid.

5.2.1 Turnover & Working Capital

a) Turnover

Average annual sales turnover during last 3 (three) years, ending (31st

March of the previous financial year) --------------------- should be at least INR

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…………. Crores (i.e. 30% of estimated cost of the set up cost of the project)

supported by furnishing audited Annual Reports & Accounts.

b) Working Capital

Evidence of possessing adequate working capital for execution of the

contract (at least INR …………. Crores i.e. 20% of estimated cost of the set up cost

of the project) inclusive of access to lines of credit and availability of other financial

resources to meet the requirement. A solvency certificate from Bank shall also be

submitted.

Note: 1. Bidders are required to submit ‘Financial Qualification Requirements

Information’ for execution of the subject work as per the format at Attachment-2.

2. Average Annual Sales Turnover shall be given a weightage of 5% per year

(average annual rate of inflation to bring them at current price level) for INR. In case

of Foreign Exchange component such weightage shall be determined in terms of

ratio of current Foreign Exchange rate of the convertible Foreign Currency (quoted

by the Bidder) to corresponding Foreign Exchange rate of the year for which financial

data has been furnished.

3. Sub-contractor’s experience and resources will not be taken into account

in determining the Bidders’ compliance with qualifying criteria.

5.3 DISQUALIFICATION OF THE BIDDER

Even though the bidders meet the above Qualifying Criteria, they are subject

to be disqualified, if they have:

a) Made misleading or false representations in the forms, statements and

attachments submitted in the proof of the qualification requirements; and/or

b) Record of poor performance such as abandoning the works, not properly

completing the contract, inordinate delays in completion, litigation history, or financial

failures etc.

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5.4 RESPONSIBILITY OF HOLDING COMPANY

In case the Bidder being a Subsidiary company, submitting its Bid document

on the financial strength and/ or technical competence of its holding company, it has

to obtain and produce a Letter of Undertaking to the effect that in case of any

untoward happenings towards the successful execution of the contract and/ or event

occurring that are distinct and different from the stipulated terms & conditions of the

Bid Document and attributable to Bidder’s account, its holding company shall be

legally bound both jointly and severally to this contract for discharging all the

contractual obligations on behalf of bidder (refer Cl. No. 6.1 (d) of Section – 6 of RFP

Document).

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Job No. 311407149 6 - 1 Signature of Bidder with Seal & Date

6. INSTRUCTIONS TO BIDDERS

6.1 AVAILABILITY, PRICE AND DOWNLOADING OF BID

DOCUMENT

6.1.1 Availability of Bid Document

Bid Document including terms and conditions of work, shall be available on

payment on any working day between 10.00 hours to 17.00 hours, from the following

places, during the period as stated below :

Place : From ------------- to ------------

(Name and address of the designated person of CIL or its subsidiary) 6.1.2 Price of Bid Document The price of Bid Document shall be 1,00,000 (INR) for Indian Companies or

3,000 USD or its equivalent amount in any single convertible Foreign Currency for

companies abroad. This price is non-refundable. The amount shall be acceptable

only in the form of Account payee Demand Draft of any bank (Nationalized or

scheduled) drawn in favour of “…….. (Name of the subsidiary of CIL)“ at …….

(Place). No other form of payment shall be acceptable.

6.1.3 Downloading of Bid Document

Complete Bid Document can also be downloaded from the web site and offer

submitted on such downloaded Bid Documents shall be considered valid for

participating in the bidding process.

6.1.3.1 The company shall not be responsible for any delay/difficulty/ inaccessibility

of the downloading facility for any reason whatsoever. The downloading facility shall

be available during the period of sale of Bid Document.

6.1.3.2 The bidders will be required to submit an undertaking that they will accept

the Bid Documents as available in the website. Offer shall be rejected (any time

during entire bidding process), if any tampering in the Bid Document is found to be

done.

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6.1.3.3 In case of downloaded Bid Document, the bidder has to furnish proof of cost

of Bid Document along with the above undertaking in a separate envelope marked

“Proof of Cost of Bid Document & Undertaking” in Part – I of Envelope 1. The Cost of

Bid Document shall have to be paid in form of Bank Demand Draft. The pre-requisite

for participation in the pre-bid meeting by the prospective bidders will be the

production of documentary proof/ evidence towards the payment to CIL or its

subsidiary for the cost of Bid Document as indicated in Instruction to Bidders of this

Bid Document. The date of the payment instrument towards the cost of Bid

Document must not be beyond the schedule period of sale/ availability of such

document in all conditions.

6.1.3.4 If in the downloaded documents, any discrepancy is found with the master

copy available with the owner, the later shall prevail and will be binding on the

Bidders. No claim on this account will be entertained.

6.2 SUBMISSION OF OFFERS AGAINST BID DOCUMENT

The Bidders shall submit their Offers/ Bids, in one original and six duplicate

copies, organised in the manner specified in Clause 4.1 of this RFQ Document along

with the covering letter as per the format provided in Exhibit – 1. All the envelopes

should be sealed separately and the total lot should be packed in a separate cover

duly sealed.

Each envelope & the cover should be inscribed as given hereafter.

Proposal for setting up of Coal Washery on BOM basis at .............. (Place) Bid Notice No./ Bid Document No. ………………

Name & Address of the Bidder: ______________________________ __________________________________________________________ To

(Name & Address of designated person of CIL or its subsidiary)

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The Bidder has the option of sending his Bid by registered post/ Speed Post/

Courier or submitting the Offer in person, so as to reach the designated address by

the time and date specified in the Bid Document. Any other mode of submission of

Bid, such as FAX, e-mail etc. are not acceptable. CIL or its subsidiary shall not be

responsible for any delay in receipt of the Bid. Any Bid received after the deadline for

submission of the Bid, shall not be opened.

6.3 OPENING OF BIDS

The Bids would be opened as per the date and time specified in Clause 6.6

of the Bid Document, at the specified address. Each Bidder may send a

representative to be present during opening of the Bids. Details regarding Bid

Security and other details as per format enclosed as Exhibit - 1 shall be read out at

the time of Bid opening.

6.4 INSTRUCTIONS TO BIDDERS

The following may please be noted:

6.4.1 General Instructions

i) Each page of the Bid should be initialled by the Authorised Signatory of

the Bidder in indelible ink.

ii) The Bids for Qualification that are incomplete in any respect or not

consistent with the requirements would be considered as non-responsive

and may be liable for rejection.

Also non-submission of the Joint Deed of Undertaking (JDU) in case of

Associate/ Consortium Route on the date specified by CIL or its subsidiary

(prior to signing of Contract) will be considered as non-responsive and their

Bid may be liable for rejection.

iii) Strict adherence to formats, wherever specified, is required. Non-

adherence to formats may be a ground for declaring the Bid non-responsive

& liable for rejection.

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iv) All communication and information/ documentation should be provided in

writing and in the English language only.

v) All communication and information provided should be legible, and

wherever the information is given in figures, the same should also be

mentioned in words. In case of discrepancy between values expressed in

figures and words, values indicated in words shall supersede the values

indicated in figures.

vi) No change or supplementary information to a Bid shall be accepted after

its submission. However, CIL or its subsidiary reserves the right to seek

additional information/ documents/ clarifications from the Bidder, if found

necessary, during the course of evaluation of the Bid. Non-submission,

incomplete submission or delayed submission of such additional information

or clarifications sought by CIL or its subsidiary, may be a ground for rejecting

the Bid.

vii) In case of Associate/ Consortium Route, one of the Associate/

Consortium partner shall be designated as Lead Member. Lead Member will

continue to perform obligations towards the subject work for the entire

contract period. Lead Member will be duly identified in MoU and JDU.

Financial Qualification Requirement of Lead Member will be taken into

consideration in case of Associate/ Consortium Route. However, other

Associate/ Consortium partners shall also be responsible jointly & severally

for their respective part of obligations as determined in MoU and

subsequently in JDU.

viii) If any claim made or information provided by the Bidder in the Proposal

for Qualification or any information provided by the Bidder in response to any

subsequent query of CIL or its subsidiary, is found to be incorrect or is a

material misrepresentation of facts, then the Proposal may be liable for

rejection.

ix) The Lead Member/ Bidder should designate one person (“Authorised

Signatory” of the Bidder) to represent the Bidder in its dealings with CIL or its

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subsidiary. This authorisation shall be evidenced by submitting with the bid, a

Power of Attorney signed by legally authorised signatory of Sole Bidder or

Lead Member in case of Associate/ Consortium. This designated person

shall be authorised to perform all tasks including, but not limited to, providing

information, responding to enquiries, entering into contractual commitments

etc. on behalf of the Bidder. In this respect, the Bidder shall, no later than the

submission of their respective bid, submit a notarised and legalised Power of

Attorney (as per Exhibit – 2), initially valid for at least 12 months with a

provision of subsequent extension thereof.

x) In case of Associate/ Consortium Route, “Proposal for Qualification” shall

be signed by all the Consortium partners, through their respective legally

authorised signatories, at all the places as per the requirement.

xi) The Bidder (i.e. Lead Member) in Associate/ Consortium Route shall be

required to give requisite Memorandum of Understanding as per the format

given at Exhibit - 3.

xii) The Bidder has to keep CIL or its subsidiary informed at all times, during

the bidding process, about any litigation involving the Bidder/ Associate or

Consortium partners. CIL or its subsidiary has the right to disqualify any

Bidder, if such litigation, in CIL or its subsidiary’s opinion may adversely

affect the ability of the Bidder to meet its obligations towards CIL or its

subsidiary within the purview of this Bid process.

xiii) CIL or its subsidiary also reserves the right to change any or all of the

provisions of this Bid Document. Such a change would be intimated to all the

parties procuring the Bid Document. Parties who have downloaded the Bid

Document will be responsible to regularly update themselves through web

site regarding any changes done in the Bid Document and CIL or its

subsidiary will in no way be responsible to them to intimate the changes until

the requisite fee of the Bid Document is deposited to CIL or its subsidiary.

xiv) CIL or its subsidiary reserves the right to change, modify, add to or alter

the bidding process at any stage under intimation to all the Bidders.

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xv) Legal Jurisdiction : Matter relating to any dispute or difference arising

out of the current Bid process and subsequent Contract entered shall be

subject to the jurisdiction of ………(Place) Court only.

6.4.2 Instruction for Qualification & Integrity Pact

i) Bidders must meet the Qualifying Requirements as specified in Section

5 of this RFQ Document. The information / list of documents to be provided

for meeting the Qualifying Requirements should be as per the format in

Exhibit - 4.

ii) Any Associate of a Bidder shall not be a partner of another Bidder

bidding for the subject work. Further, any Bidder bidding on its own for the

subject Coal Washery shall not associate with other Bidder(s) bidding for

the same.

iii) Integrity Pact : The Integrity Pact is to be signed by the Bidder and to be

furnished in Part–3 of Envelope 1 of their offer. The format of the same is

given at Section 7 of this RFQ Document.

6.5 DEPOSITS TO BE PAID BY THE BIDDER & ITS ASSOCIATE(s)

6.5.1 Bid Security

The Bid Security shall be furnished in a separate sealed envelope along with

the Bid for Qualification (Part 1 of Envelope 1) by the Bidder. In case of Associate/

Consortium Route, Lead Member has to submit for the entire value of Bid Security.

Any Bid not accompanied by a Bid Security in a separate sealed envelope shall be

rejected by CIL or its subsidiary as being non-responsive and returned to the Bidder

without being opened further.

The Bid Security for an amount of 5.0 (Five) Million (INR) for 2.5/ 5.0/ 10.0*

Mtpa plant shall be submitted in the form of Banker’s/ Cashier’s Cheque or

irrevocable Letter of Credit or a Bank Guarantee from any of the Banks listed in the

Annexure – 1 of this RFQ Document. The Bank Guarantee shall be in accordance

with the format provided in Exhibit - 5. The format for irrevocable Letter of Credit and

Sight Draft are also enclosed at Exhibit – 6 & Exhibit – 7 respectively. The Bid

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Security shall remain valid for a period of 30 (thirty) days beyond the original Bid

Validity Period (i.e. 18 months from the date of opening of Bid against RFQ

Document) and shall also be kept valid for 30 days beyond any extension of Bid

Validity, if subsequently requested by CIL or its subsidiary and agreed by the Bidder.

However, this Bid Security shall be valid till the signing of the Contract.

a) Return of Bid Security : The Bid-Security furnished by the Bidders shall be

returned to the Bidders in the following events within 30 days of occurrence of such

events:

i) the Bidders are declared disqualified after evaluation of Bid for

Qualification

ii) to other Bidders not selected (after finalisation of the Selected Bidder)

b) Forfeiture of Bid Security : The Bid Security may be forfeited under the

following circumstances, if the Bidder:

i) withdraws his Bid at any time during the stipulated period of Bid validity

(or as may be extended) and/ or

ii) fails to furnish JDU on the date specified by CIL or its subsidiary and / or

iii) fails or refuses to accept the Letter of Award/ Acceptance (LoA) within 30

(thirty) days of issue of the same and/ or

iv) fails or refuses to furnish the Development Guarantee within the

stipulated time (viz. within 30 days from the issue of Letter of Award/

Acceptance/ date specified for the signing of the Contract) and/ or

v) fails to enter into relevant contract with CIL or its subsidiary within 30

(thirty) days from the issue of Letter of Award/ Acceptance and/ or

vi) any of the representations of the Bidder are found to be misleading or

material misrepresentation of facts.

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Format of Notification by CIL or its subsidiary to the Bidder for forfeiture of

Bid Security submitted in the form of irrevocable Letter of Credit is enclosed as

Exhibit - 8.

c) Maintainability of Bid Security : The Bid Security of the Preferred Bidder

shall be maintained till the submission of the Development Guarantee and its

acceptance by CIL or its subsidiary and thereafter it will be returned to the Bidder.

6.5.2 Financial Security

Financial Security is given hereafter in concise form, however, it is described

in detail at Clause no. 4 (A).2 of Section 4(A) “General Terms and Conditions of

Contract” of RFP part of Bid Document. This Financial Security will be in the form of

Bank Guarantee.

6.5.2.1 Development Guarantee (DG)

The Preferred Bidder on issue of LoA shall be required to furnish a

Development Guarantee in INR for a sum equivalent to 10% of value towards set

up cost of 2.5/ 5.0/ 10.0* Mtpa plant (as indicated in LoA issued by CIL or its

subsidiary) at a date before signing of the Contract. This Development Guarantee

shall be valid till one year after expiry of Guarantee Period of one year of the

Washery.

This Guarantee shall be borne by the bidder in case of Sole Bidder or to be

shared by the Bidder and its Associate(s) (1)/ (2)/ (3)* in proportion to their respective

stakes in case of Associate/ Consortium Route.

6.5.2.2 Contract Performance Guarantee (CPG)

The above mentioned Development Guarantee will be returned after

obtaining “Contract Performance Guarantee” of value equivalent to 10% of annual

washing charges. This Guarantee shall be borne by the bidder in case of Sole Bidder

or to be shared by the Bidder and its Associate(s) (1)/ (2)/ (3)* in proportion to their

respective stakes in case of Associate/ Consortium Route. The scope, extent and

terms have been given in the RFP Document. The CPG will be operational for the

balance contract period towards operation & maintenance of the plant. In case,

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liability of any Associate is going to mature prior to term of Contract (i.e. any time but

after one year of expiry of guarantee period of the Coal Washery), then his share of

Guarantee shall require to be substituted by the Bidder and remaining Associate(s)

(1)/ (2)/ (3)*, if any. After relinquishment of any of the Associates, the revised share

of CPG for the Bidder and the remaining Associates (1)/ (2)/ (3)*, if any, shall be in

proportion to their revised stakes in the Consortium for the balance contract period.

In this case, CPG for entire amount has to be submitted by the Bidder and remaining

Associates (1)/ (2)/ (3)*, if any, who is/ are going to undertake responsibility of

operation & maintenance of the plant till the balance term of contract period. This

CPG will be in the form of Bank Guarantee, valid for one year and essentially

required to be substituted annually every year on the basis of revised washing

charges till the completion of contract period towards operation & maintenance

(commercial operation). CPG will be returned at the end of the Contract Period.

6.6 TIME TABLE AND MILESTONES (To be indicated clearly by CIL or its subsidiary) Sl. No. Milestone Schedule (date &

place) 1 Bid Document made available to the Bidder. 2 Last Date for Issue of the Bid Document 3 Pre Bid Meeting 4 Last Date for Submission of Bid 5 Tentative date & place for opening of Bid for

Qualification

As per Bid Document

6 Tentative date & place for opening of Technical & Commercial parts of Bid for Proposal (Part-1, Part 2 & Part-3 as contained in Envelope-2)

To be intimated latter on by CIL or its subsidiary

7 Tentative date for submission of JDU To be intimated latter on by CIL or its subsidiary

8 Tentative date & place for opening of Price Bid (as contained in Envelope-3)

To be intimated latter on by CIL or its subsidiary

Note: The above dates & places are indicative only. CIL or its subsidiary reserves

the right to change the schedule without giving any reason to bidders.

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6.7 VALIDITY OF TERMS OF THE BID

Bid validity shall be 18 (eighteen) months (including Environmental

clearances) from the date of opening of the Bid against Request for Qualification

(RFQ) document. Non-adherence to this requirement will be a ground for declaring

the Bid as non-responsive. In exceptional circumstances, CIL or its subsidiary may

solicit the Bidder’s consent for extension of the period of validity. The Bidder shall

agree to reasonably consider such a request and extend the validity accordingly in

writing. However, the Bidders accepting CIL or its subsidiary’s request for validity

extension shall not be permitted to modify its Bid.

6.8 TIME SCHEDULE FOR BID EVALUATION

For timely completion of the project, the activitywise time schedule is as

given hereafter.

SL. No.

Activity Time Required Time Span (from the date of Opening

of Bid against RFQ) 1 Evaluation of Bid against RFQ 2 months 2 months

2 Evaluation of Bid against RFP (Excluding Price Bid)

2 months 4 months

3 Evaluation of Price Bid & Identification of Lowest / Preferred Bidder

1 month 5 months

4 Obtaining Environmental Clearances

a) Preparation of Terms of Reference (ToR) 1.5 months 6.5 months

b) Preparation of EIA (Environmental Impact Assessment) Report (considering data generation for EIA during Bid Process Management) on the basis of technology of the Lowest/ Preferred Bidder

2.5 months 9 months

c) Environmental approval/ clearance 8 months 17 months

5 Obtaining other clearances (during the time span of Activity 4)

6 Issue of LoA & Signing of Contract 1 month 18 months

6.9 CLARIFICATIONS

If required, Bidders may request for a clarification on any discrepancy or

otherwise on the Bid Document upto 30 days before the last date of submission of

the Bid. Such requests should be sent in writing to CIL or its subsidiary at the

address as given hereafter.

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Office : …………………………..

…………………………..

…………………………..

(Name and address of the designated person of CIL or its subsidiary)

FAX : …………………………..

CIL or its subsidiary shall respond to such requests and will send copies of

the response to all Bidders to whom the Bid Document has been issued. Parties who

have downloaded the Bid Document will be responsible to regularly update

themselves through web site regarding any changes done in the Bid Document and

CIL or its subsidiary will in no way be responsible to them to intimate the changes

until the requisite fee of the Bid Document is deposited to CIL or its subsidiary.

6.10 ORGANISATION OF BID

The Bid to be submitted by the Bidder along with the covering letter shall be

organised in the manner specified at Clause no. 4.1 of this RFQ Document.

Note : Associate (1), Associate (2) & Associate (3) refer to three different Associate/

Consortium partners in case of Associate/ Consortium Route.

* strike out which ever is not applicable

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7. INTEGRITY PACT

(Format for Integrity Pact duly signed is to be furnished by the Bidder in Part-3 of Envelope 1)

Integrity Pact

Between

--------------------- (Subsidiary Company) hereinafter referred to as “The Owner”

and --------------------- hereinafter referred to as “The Bidder/ Contractor”

Preamble

The Owner intends to award, under laid down organizational procedures,

contracts for --------------------- (name of the washery), on Build-Operate-Maintain

basis. The Owner values full compliance with all relevant laws and regulation, and

the principles of economic use of resources, and of fairness and transparency in its

relations with its Bidder(s) and Contractor(s).

In order to achieve these goals, the Owner cooperates with the international

Non Governmental Organisation “Transparency International” (TI). Following TI’s

national and international experience, the Owner will appoint an external

independent Monitor who will monitor the tender process and the execution of the

contract for compliance with the principles mentioned above.

Section 1 – Commitments of the Owner

(1) The Owner commits itself to take all measures necessary to prevent

corruption and to observe the following principles:

i) No employee of the Owner, personally or through family members or

any other person acting on his/ her behalf, will in connection with the

Bid for, or the execution of a contract, demand, take a promise for or

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accept, for him/ herself or third person, any material or immaterial

benefit which he/ she is not legally entitled to.

ii) The Owner will, during the Bid process, treat all Bidders with equity and

reason. The Owner will in particular, before and during the Bid process,

provide to all Bidders the same information and will not provide to any

Bidder confidential/ additional information through which the Bidder

could obtain an advantage in relation to the Bid process or the contract

execution.

iii) The Owner will exclude from the process all known prejudiced persons.

(2) If the Owner obtains information on the conduct of any of its employees which

is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a

substantive suspicion in this regard, the Owner will inform its Chief Vigilance Office

and in addition can initiate disciplinary actions.

Section 2 – Commitments of the Bidder/ Contractor

(1) The Bidder/ Contactor commits itself to take all measures necessary to

prevent corruption. He/ she commits himself/ herself to observe the following

principles during his/ her participation in the Bid process and during the contract

execution.

i) The Bidder/ Contractor will not, directly or through any other persons or

firm, offer, promise or give to any of the Owner’s employees involved in

the Bid process or the execution of the contract or to any third person

any material or immaterial benefit which he/ she is not legally entitled

to, in order to obtain in exchange any advantage of any kind

whatsoever during the Bid process or during the execution of the

contract.

ii) The Bidder/ Contractor will not enter with other Bidders into any

agreement or understanding, whether formal or informal. This applies

in particular to prices, specifications, certifications, subsidiary contracts,

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submission or non-submission of bids or any other actions to restrict

competitiveness or to introduce cartelisation in the bidding process.

iii) The Bidder/ Contractor will not commit any offence under the relevant

Anti-corruption Laws of India; further the Bidder/ Contractor will not use

improperly, for purposes of competition or personal gain, or pass on to

others, any information or document provided by the Owner as part of

the business relationship regarding plans, technical proposals and

business details including information contained or transmitted

electronically.

iv) The Bidder/ Contractor will, when presenting his/ her bid, disclose any

and all payments he/ she has made, is committed to or intends to make

to agents, brokers or any other intermediaries in connection with the

award of the contract.

v) The Bidder/ Contractor will not instigate third persons to commit

offences outlined above or be an accessory to such offences.

Section 3 – Disqualification from Bid process and exclusion from future

contracts

If the Bidder, before contract award has committed a transgression

through a violation of Section 2 or in any other form such as to put his/ her reliability

or credibility as Bidder into question, the Owner is entitled to disqualify the Bidder

from the Bid process or to terminate the contract, if already signed, for such reason.

i) If the Bidder/ Contractor has committed a transgression through a

violation of Section 2 such as to put his/ her reliability or credibility into

question, the Owner is entitled also to exclude the Bidder/ Contractor

from future contract award processes. The imposition and duration of

exclusion will be determined by the severity of transgression. The

severity will be determined by the facts and circumstances of the case,

in particular the number of transgressions, the position of the

transgressors within the company hierarchy of the Bidder and the

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amount of the damage. The exclusion will be imposed for a minimum of

6 months and maximum of 3 years.

ii) The Bidder accepts and undertakes to respect and uphold the Owner’s

absolute right to resort to and impose such exclusion and further

accepts and undertakes not to challenge or question such exclusion on

any ground, including the lack of any hearing before the decision to

resort to such exclusion is taken. This undertaking is given freely and

after obtaining independent legal advice.

iii) If the Bidder/ Contractor can prove that he/ she has restored/ recouped

the damage caused by him/ her and has installed a suitable corruption

prevention system, the Owner may revoke the exclusion prematurely.

iv) A transgression is considered to have occurred if in light of available

evidence no reasonable doubt is possible.

Section 4 – Compensation for Damages

i) If the Owner has disqualified the Bidder from the Bid process prior to

the award according to Section 3, the Owner is entitled to demand and

recover from the Bidder the amount equivalent to Earnest Money

Deposit/ Bid Security.

ii) If the Owner has terminated the contract according to Section 3, or if

the Owner is entitled to terminate the contract according to Section 3,

the Owner shall be entitled to demand and recover from the Contractor

liquidated damages equivalent to Financial Security (i.e. Development

Guarantee during Set Up or Contract Performance Guarantee during

Operation.

iii) The bidder agrees and undertakes to pay the said amounts without

protest or demur subject only to condition that if the Bidder/ Contractor

can prove and establish that the exclusion of the Bidder from the Bid

process or the termination of the contract after the contract award has

caused no damage or less damage than the amount of the liquidated

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damages, the Bidder/ Contractor shall compensate the Owner only to

the extent of the damage in the amount proved.

Section 5 - Previous transgression

i) The Bidder declares that no previous transgression occurred in the last

3 years with any other company in any country conforming to the TI

approach or with any other Public Sector enterprise in India that could

justify his/ her exclusion from the Bid process.

ii) If the Bidder/ Contractor makes incorrect statement on this subject, he/

she can be disqualified from the Bid process or the contract, if already

awarded, can be terminated for such reason.

Section 6 – Equal treatment of all Bidders / Contractors/ Sub-contractors

i) The Bidder/ Contractor undertakes to demand from all sub-contractors

a commitment in conformity with this Integrity Pact, and to submit it to

the Owner before contract signing.

ii) The Owner will enter into agreement with identical conditions as this

one with all Bidders, Contractors and sub-contractors.

iii) The Owner will disqualify from the Bid process all bidders who do not

sign this pact or violate its provisions.

Section 7 – Criminal charges against violating Bidders/ Contractors/ Sub-

contractors

If the Owner obtains knowledge of conduct of a Bidder, Contractor or

sub-contractor, or of an employee or a representative or an associate of a Bidder,

Contractor of sub-contractor, which constitutes corruption, or if the Owner has

substantive suspicion in this regard, the Owner will inform its Chief Vigilance Office.

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Section 8 – External Independent Monitor/ Monitors (three in number

depending on the size of the contract) (to be decided by the

Chairperson of the Owner)

i) The Owner will appoint competent and credible external independent

Monitor for this Pact. The task of the Monitor is to review independently

and objectively, whether and to what extent the parties comply with the

obligation under this agreement.

ii) The Monitor is not subject to instruction by the representatives of the

parties and performs his/ her function neutrally and independently. He/

she reports to the chairperson of the Board of the Owner.

iii) The Contractor accepts that the Monitor has the right to access without

restriction to all Project documentation of the Owner including that

provided by the Contractor. The Contractor will also grant the Monitor,

upon his request and demonstration of a valid interest, unrestricted and

unconditional access to his/ her project documentation. The same is

applicable to sub-contractors. The Monitor is under contractual

obligation to treat the information and documents of the Bidder/

Contractor/ sub-contractor with confidentiality.

iv) The Owner will provide to the Monitor sufficient information about all

meetings among the parties related to the Project provided such

meetings could have an impact on the contractual relations between

the Owner and the Contractor. The parties offer to the Monitor the

option to participate in such meetings.

v) As soon as the Monitor notices or believes to notice, a violation of this

agreement, he/ she will so inform the Management of the Owner and

request the Management to discontinue or heal the violation, or to take

other suitable relevant action. The Monitor can in this regard submit

non-binding recommendations. Beyond this, the Monitor has no right to

demand from the parties that they act in a specific manner, refrain from

action or tolerate action.

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vi) The Monitor will submit a written report to the Chairperson of the Board

of the Owner within 8 to 10 weeks from the date of reference or

intimation to him/ her by the ‘Owner’ and, should the occasion arise,

submit proposals for correcting problematic situation.

vii) Monitor shall be entitled to compensation on the same terms as being

extended to/ provided to independent directors/ Chairman as prevailing

with Owner.

viii) If the monitor has reported to the Chairperson of the Board a

substantiated suspicion of an offence under relevant Anti-Corruption

Laws of India, and the Chairperson has not, within reasonable time,

taken visible action to proceed against such offence or reported it to the

Chief Vigilance Office, the Monitor may also transmit this information

directly to the Central Vigilance Commissioner, Government of India.

ix) The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

This pact begins when both parties have legally signed it (for all the

bidders Integrity Pact will be signed by the Owner within seven days after

opening of the Bid and for the Selected Bidder Integrity Pact will be part of the

Contract). It expires for the Contractor 12 months after the last payment under the

respective contract, and for all other Bidders 6 months after contract has been

awarded.

If any claim is made/ lodged during this time, the same shall be binding

and continue to be valid despite the lapse of this pact as specified above, unless it is

discharged/ determined by Chairperson of the Owner.

Section 10 – Other Provisions

i) This agreement is subject to Indian Law. Place of performance and

jurisdiction is the Registered Office of the Owner, i.e. …….. (name of

the place).

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ii) Changes and supplements as well as termination notices need to be

made in writing. Side agreements have not been made.

iii) If the Contractor is a partnership or a consortium, this agreement must

be signed by all partners or consortium members.

iv) Should one or several provisions of this agreement turn out to be

invalid, the remainder of this agreement remains valid. In this case, the

parties will strive to come to an agreement to their original intentions.

----------------------------- ----------------------------

For the Owner For the Bidder/ Contractor

Place Witness 1.

Date: Witness 2.


LIST OF EXHIBITS/ ATTACHMENTS/ ANNEXURE

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E - 1

`EXHIBIT 1: FORMAT OF THE COVERING LETTER

(The format for covering letter to be submitted by the Sole Bidder or Lead

Member of the Associate/ Consortium Route)

Date: (Name and address of the designated Place: person of CIL or its subsidiary) Dear Sir, � ��

��

� �� Please find enclosed one (1) original & Six (6) copies of our Bid in respect of

setting up as well as Operation & Maintenance of Coal Washery at …….., in

response to the Bid Document issued by CIL or its subsidiary on ______ (date) or

downloaded from the web site on ………. (date) organised in the following manner:

Envelope 1 : Bid against RFQ part of Bid Document in three parts duly

sealed separately.

Part-1 : Bid Security or both (a) & (b) are sealed

separately (in case of downloaded Bid Document)

a) Bid Security

b) Proof of Cost of Bid Document & undertaking

(in case of downloaded Bid Document)

Part-2 : Bid for Qualification against RFQ Document

Part-3 : Integrity Pact.

Envelope 2 : Bid against RFP part of Bid Document in three parts duly

sealed separately, viz.

Part 1 : Technical Bid

Part 2 : Commercial Bid

Part 3 : Acceptance of provision of ‘Sample Contract

Form’

Envelope 3 : Price Bid (duly sealed separately) against RFP part of Bid

Document

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E - 2

We hereby confirm the following:

1. The Bid is being submitted by ___________________________ (name of the

Bidding Company) as *Sole Bidder/ Lead Member of Associate or Consortium for

setting up Coal Washery at ……….., in accordance with the conditions stipulated

in the Bid Document.

2. We have examined in detail and have understood and abide by all the terms &

conditions stipulated in the Bid Document issued by CIL or its subsidiary and in

any subsequent communication sent by CIL or its subsidiary. Our Bid is

consistent with all the requirements of submission as stated in the Bid Document

or in any of the subsequent communications from CIL or its subsidiary.

3. (Applicable in case Bidder i.e. LM is associating with other party/ parties)

We have associated with (1) M/s …….......…………… (set up/ operation/ none*)

(2) M/s …………………… (set up/ operation/ none*) & (3) M/s ………………… (set

up/ operation/ none*)* (name of the Consortium partners). Technical experience &

Financial details are placed at Attachment – 1 & 2 respectively.

Our Proposal for Qualification includes Memorandum of Understanding (MoU),

consistent with the format (Exhibit – 3) as specified in the RFQ part of the Bid

Document, with all the associates / consortium partners.

4. (Applicable only in case of Associate/ Consortium Route)

We have mutually agreed that M/s………. shall act as Lead Member and will

continue till contract period.

5. We have enclosed the Bid Security of 5.0 (Five) Million (INR) for 2.5/ 5.0/ 10.0*

Mtpa plant in the form of Banker’s/ Cashier’s Cheque or irrevocable Letter of

Credit or a Bank Guarantee in line with the provision of Clause 6.5.1 in a separate

sealed envelope.

6. The information submitted in our Bid is complete, is strictly as per the

requirements as stipulated in the Bid Document and is correct to the best of our

knowledge and understanding. We would be solely responsible for any errors or

omissions in our Bid.

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E - 3

7. We hereby comply with all the legal requirements and meet all the Qualifying

Requirements laid down in the RFQ document.

8. We as the *Bidder/ Lead Member of the Associate (Consortium), designate Mr/

Mrs/ Ms _________________ (mention name, designation, contact address,

phone no., FAX No., etc.), as our representative who is authorised to perform all

tasks including, but not limited to providing information, responding to enquiries,

entering into contractual commitments etc. on behalf of the Bidder, in respect of

the subject work on ‘BOM’ basis. The Power of Attorney duly executed in Non-

Judicial Stamp Paper is enclosed as Exhibit - 2.

For and on behalf of : …………………………………………………………… (Name of the Bidder/ Lead Member of Associate or

Consortium) Signature : ………………………………. (Authorised Signatory) Name of the Signatory : Designation : *Strike out whichever is not applicable

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E - 4

EXHIBIT 2 : FORMAT OF POWER OF ATTORNEY

(Format for the Notarised Power of Attorney for Authorised Signatory dealing the Bid on behalf of the Bidder)

(To be executed on Non-Judicial Stamp Paper of appropriate value)

Power of Attorney

Sub: Coal Washery at ……….. on BOM concept. Ref: Bid Notice No./ Bid Document No. …………

By this Power of Attorney executed at ……… on ……. this ……. day of …….. 20…., I

……………………………….. aged about ……….. years, son of Shri …………… residing

presently at ………………….. on behalf of M/s ………………………… (Name & address of

the Bidder) do hereby nominate, constitute and appoint Mr./ Mrs. …………………… son of

…………………… resident of ………………. (hereinafter referred to as “the Attorney”)

whose specimen signature is attested below as our Attorney to act for me/ on our behalf,

and for and in the name of the firm to execute and perform all or any of the following acts,

deeds, matters and things, namely:

1. To act as Attorney on my behalf/ on behalf of the Bidder and to look after the affairs pertaining to the Bid Notice No./ Bid Document No. issued by CIL or its Subsidiary.

2. To do all acts, deeds and things as may be necessary on my behalf/on behalf of the Bidder in connection with the above Bid.

I/ We hereby ratify and confirm and agree to ratify and confirm all and whatsoever acts or

deeds my/ our said Attorney shall do and purport to do by virtue of these presents.

IN WITNESS WHEREOF, I being the …………………. of the said firm have hereunto set

and subscribed our respective hands on this …….. day of ………….. 20…... ……………………………………………... Specimen signature of the said Attorney Attested ………………………………………… Signature of the executant Signed and delivered by Within named ……………at …………… In Presence of :

1.

2. …………………..

Signature (Authorised Signature of Bidder/ Lead member)

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E - 5

EXHIBIT 3: FORMAT OF MEMORANDUM OF UNDERSTANDING WITH ASSOCIATE(s)

(Format for the MoU between the Bidder i.e. Lead Member & its Associate(s) and to be submitted along with the Bid by the Bidder)

(To be executed on Non-Judicial Stamp Paper of appropriate value)

Memorandum of Understanding

Sub : Coal Washery at ……….. on BOM concept. Ref : Bid Notice No./ Bid Document No. ………………………………………..

We, M/s ….………………………………………………….. (Name & Address of the

Bidder i.e. Lead Member) and (1) M/s ……………… (2) M/s…………………& (3)

M/s……………….* (Names and addresses of the Associate/ Consortium partners)

have formed a Consortium for the subject work and hereby undertake :

1.0 to be held jointly and severally responsible for the subject Coal Washery as well

as performance of the Contract with regard to set up and Operation & Maintenance

as per the period of association specified at para 5.0 of this MoU. (1) M/s

……………. (2) M/s……………. & (3) M/s…………….* (name of Associate/

Consortium partners) have the liberty to dissociate themselves after a time period as

mentioned at para 5.0 of this MoU. The periods of association/ dissociation are in

accordance with Cl. No. 5.1.4 (b) / (i, ii & iii) of RFQ Document.

2.0 that M/s ………………………….. (Bidder/ Associate or Consortium partners)*

have the experience of setting up of *Coal Washery/ Ore Beneficiation Plant as per

Cl. No. 5.1.1 whose details are given hereafter.

Details of Setting up of the *Coal Washery/ Ore Beneficiation Plant

Name of Bidder/ Associate *(Consortium) partners : ………………………………….

Sl. No.

Type of Plant

Throughput Capacity (Mtpa)

Date of Commissioning

Period of Successful

Operation (As on last day of month previous to the

one in which BID is invited)

Remarks

1 2 3

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E - 6

(The Bidder as well as each Associate/ Consortium partner with experience of ‘set

up’ shall furnish their details separately).

3.0 that I, M/s ………………………….. (Bidder / Associate or Consortium partners)*

have the experience of operation of *Coal Washery/ Ore Beneficiation Plant as per

Cl. no. 5.1.2 whose details are given hereafter.

Details of Operation of the *Coal Washery/Ore Beneficiation Plant

Name of Bidder/ Associate *(Consortium) partners : M/s …………………………….

Sl. No.

Type of Plant

Throughput Capacity (Mtpa)

Date of Commissioning

Period of Successful

Operation (As on last day of

month pervious to the one in which Bid is

invited)

Remarks

1 2 3 4

(The Bidder as well as each Associate/ Consortium partner with experience of

‘operation’ shall furnish their details separately).

4.0 that M/s ……………………………… shall be the Lead Member for this

Associate/Consortium.

5.0 that M/s ……………………. (name of the Bidder i.e. Lead Member) has

associated with (1) M/s …………….(2) M/s…………….& (3) M/s……………. *(name

of the Associate or Consortium partners) for the subject work as per their role, tenure

& % stake in association, given hereafter:

Sl.

No.

Name of Bidder (LM) &

Associate/ Consortium partners

Role of Bidder/ Associate/

Consortium partners

(set up/ operation/

Financial

Qualification(FQ)/ None)

Tenure of Association** % stake in

Association

M/s……….. (Bidder/ LM)

M/s……….. (Associate 1)



Set up/ Operation* & FQ

Set up/ Operation/ None*

Set up/ Operation/ None *

Set up/ Operation/ None *

Entire Contract Period

…………………

…………………

…………………

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E - 7

6.0 that M/s …………………. (Bidder i.e. Lead Member) have formed consortium

with (1) M/s ……………. …………(2) M/s……………. & (3) M/s………………………*

(names of Associate/ Consortium partners) having collective experience towards ‘set

up’ & ‘operation’ of Coal Washery/ Ore Beneficiation Plant* as per para 2.0 & 3.0.

We hereby undertake that this MoU followed by JDU as per the provision of the Bid

Document shall remain valid for the term of association as specified at para 5.0 of

this MoU.

7.0 that M/s ………………………….. (Bidder i.e. Lead Member) shall furnish the Joint

Deed of Undertaking (JDU) duly executed between the Bidder and the Associate(s)

as per the format given in the RFP Document by the date specified by CIL or its

subsidiary.

8.0 that this MoU shall be valid till a valid JDU is submitted.

9.0 that the above MoU shall be governed by substantive and procedural laws in

India.

For and on behalf of : ……………………

(the Lead Member of Associate/ Consortium)

Signature : …………………… (the Authorised Signatory) Name of the Signatory :

Designation :

Company’s Stamp/ Seal :

For and on behalf of : (1) ……………….. (2) ……………….. (3) ………………..* (the Associate)

Signature : (1) ……………….. (2) ……………….. (3) ………………..* (the Authorised Signatory) Name of the Signatory : (1) ……………….. (2) ……………….. (3) ………………..*

Designation : (1) ……………….. (2) ……………….. (3) ………………..*


Witness (1) : Witness (2) :

Signature : ……………… Signature : ………………

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Name : ……………… Name : ………………

Official address : ……………… Official address : ………………

Date : Place :

* Strike out which is not applicable.

** Association/ Consortium formed for execution of this subject work will be

effective from the date of signing of the Contract. However, so far as its tenure after

commercial operation is concerned, it will be as follows:

Bidder or Lead Member : Entire Contract period

Associate with experience of set up/ None : Two years

Or

More than two years but less

than 10 years (no. of years to

be specified)

or

Entire Contract period

Associate with experience of operation : As per Cl. No. 5.1.4 (b)/ I, ii & iii

of RFQ Document.

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EXHIBIT 4: FORMAT FOR SUBMISSION OF INFORMATION OF BID FOR QUALIFICATION FOR COAL WASHERY ON ‘BOM’ CONCEPT

[CIL or its subsidiary reserves the right to assess the capability of the Bidders (including Associates, if any) and may seek to verify the authenticity of various claims/ certificates/ documents submitted by the Bidder]

This has reference to the Bid for Qualification being submitted by _____________________ (name of the Bidder or Lead Member in case of Associate/ Consortium), in respect of execution of the subject work at .…….., in response to the Bid Document vide Bid Notice No./ Bid Document No. ………………… issued by CIL or its subsidiary on ……… (date)

We hereby confirm the following:

1. We, __________________(name of the Bidder or Lead Member in case of Associate/ Consortium*), have examined in detail and have understood and satisfied ourselves regarding the contents in respect of the following:

• The Bid Document issued by CIL or its subsidiary or downloaded from the website;

• All subsequent communications between CIL or its subsidiary and the Bidder, represented by ______________________ (name of Authorised Signatory); and

2. We seek for qualification as stipulated in Section 5 of the RFQ document for execution of subject work at ………. and accordingly wish to submit the required details vide Attachment - 1(for Technical Qualification Requirement) & Attachment - 2 (for Financial Qualification Requirement) for the Bidder & Associates (separate Attachments for Bidder and each of the Associate/ Consortium partners, if any) for your perusal.

Date: For and on behalf of : ………………………………… (Name of the Sole Bidder or Lead Member of Associate/ Place: Consortium*) Signature : …………………………………………… (Authorised Signatory of the Sole Bidder or Lead Member of

Associate/ Consortium*) Name of the Signatory : Designation : * Strike out which is not applicable.

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ATTACHMENT – 1 Format for submission of Technical Information of the Sole Bidder or Lead

Member in case of Associate/ Consortium Route for execution of the subject work on BOM Concept

(In case of Sole Bidder, both the parts 1 & 2 of the format given below have to be filled and submitted by the Sole Bidder. In case of Associate/ Consortium Route, the Bidder as well as each of the Consortium partners has to fill the respective formats of set up & operation as per the qualification capability) In support of the Technical Qualification Requirement of the Bid, we furnish the following information: (1) Details of Experience of ‘Setting up’ of Coal Washery/ Ore

Beneficiation Plant *: Name of Bidder/ Associate (Consortium) partners* : M/s …………………………….

Sl. No.

Parameters DETAILS

a. Name of the Coal Washery/ Ore Beneficiation Plant * set up by the Bidder

b. Complete address of the plant c. Ref. No. & Date of Award of Work d. Scope of work of the Bidder e. Whether the scope of work for the reference plant

included

i. Planning, Design & Engineering Yes / No

ii. Procurement Yes / No

iii. Construction & Erection Yes / No

iv. Commissioning Yes / No

f. Plant capacity (in Mtpa) g. Date of Commencement of Work h. Date of Commissioning of the plant i. Date of completion of work j. Number of manpower employed for operation of the plant i. Executives ii. Supervisors iii. Workman k. Quantity of Raw Coal/ Ore (Mtpa) handled by the plant during

the two years indicated by the Bidder.

Year – 1 (…………. ) Qty. Year – 2 (…………. ) Qty.

Attachment – 1 (contd.)

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l. Make, type and capacity of major equipment. (Please

enclose brief write-up about the process & make, type and capacity of major equipments)

m. No. of years of successful operation of the plant as on last day of month previous to the one in which bid is invited

n. Whether the plant is operational as on last day of month previous to the one in which bid is invited (if no please state the reason)

YES/ NO

o. Certificates/ documentary evidence enclosed in support of “a” to “n” above

YES/ NO

(2) Detail of Operating Experience of Coal Washery/ Ore Beneficiation Plant *: Name of Bidder/ Associate (Consortium) partners * : M/s …………………………….

Sl. No.

Parameters DETAILS

a. Name of the Coal Washery/ Ore Beneficiation Plant * operated by the Bidder

b. Complete address of the plant

c. Ref. No. & Date of Award of Work

d. Date of commissioning of the plant

e. Date of Commencement of the plant operation

f. Plant capacity (in Mtpa)

g. Scope of work of the Bidder

h. Total plant operating hours during the two years indicated by them

Year – 1 (………….) Hrs.

Year – 2 (………….) Hrs.

i. Number of manpower employed for operation of the plant

i. Executives

ii. Supervisors

iii. Workman

j. Quantity of Raw Coal/ Ore (Mtpa) handled by the plant during the two years indicated by them.

Year – 1 (………….) Qty.

Year – 2 (………….) Qty.

k. Make, type and capacity of major equipment

(Please enclose brief write-up about the process & make, type and capacity of major equipment)

Attachment – 1 (contd.)

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l. No. of years of successful operation of the plant as on last day of month previous to the one in which bid is invited

m. Whether the plant is operational as on last day of month previous to the one in which bid is invited (if no please state the reason)

YES/ NO

n. Certificates/ documentary evidence enclosed in support of “a” to “m” above

YES/ NO


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ATTACHMENT – 2

Format for submission of Financial Information of the Sole Bidder or Lead Member in case of Associate/ Consortium Route with regard to M/s ……………… for execution of the subject work at …………….. on BOM Concept who will continue till the completion of Contract Period

This has reference to the financial information as on ……………. (date) regarding

the Bid for Qualification being submitted by M/s …………… (name of the Sole

Bidder or Lead Member in case of Associate/ Consortium Route) in response to

the RFQ part of the Bid. Though finance for setting up of coal washery shall be

made available by CIL or its subsidiary, even then the following details are

submitted for assessment as per Cl. No. 5.2 of RFQ Document.

The details are given hereafter.

(1) Year-wise annual sales turnover:

Sl. No.

Financial Year

Applicable Exchange

Rate

Annual sales turnover during last 3 (three) years (ending 31st March of the previous financial year in INR and/or any convertible Foreign Currency.

Profit & Loss (Documentary evidence such as yearly audited Balance Sheets, Profit & Loss a/c and annual

reports) 1 2 3

(2) Evidence of possessing adequate working capital for execution of the

contract and solvency certificate from Bank

Name of the Bank/ Financial Institution issuing Comfort Letter for financing of Working Capital Loan for the subject work and solvency certificate

Ref. of Letter of concerned Bank/ Financial Institution

1. ……………(for Working Capital) 2. ……………… (Solvency Certificate)

We, M/s …………………….. *(Sole Bidder/ Lead Member of Associate or

Consortium Route) enclose herewith the details as mentioned in the above tables

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and agreeing in principle to meet our financial obligations for the subject work on

BOM basis.

For and on behalf of : ……………………..………

*(Sole Bidder/ Lead Member of the

Associate or Consortium Route)

Signature : ……………………

(Authorised Signatory)

Name of the Signatory :

Designation :



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EXHIBIT 5: FORMAT OF BANK GUARANTEE FOR BID SECURITY

(To be stamped in accordance with Stamp Act, if any, of the country of issuing Bank) Bank Guarantee No. __________ Date ____________ To, (Name and address of CIL/ Subsidiary) Dear Sir, In consideration of the CIL/ Subsidiary having its Registered Office at ________ _____________ (hereinafter called “the Company” which expression shall unless excluded by or repugnant to the subject or context be deemed to include its successors-in-interest and assigns) having agreed to accept from M/s _______________ (herein called the “Bidder”) who intends to participate in the bid in accordance with the provisions contained in the invitation of the bids called by the company for setting up of Coal Washery of capacity ……… Mtpa on BOM basis at _____________ of ________ an irrevocable Bank Guarantee of sum of Rs._______ towards Bid Security from a Nationalised/ Scheduled Bank (Indian/ Foreign) for due fulfillment of the terms & conditions of the invitation of Bids being Bid no. _______ Dated ________, We ……….. (Bank) (hereinafter referred to as the “Bank”) having its office* ………………….. do hereby undertake to pay to the company an amount not exceeding INR 5.0 (Five) Million on demand by the company for the reason of any breach by the Bidder of any of the terms and conditions contained in the said Bid. The decision of the company as to whether any such breach having been committed by the Bid shall be final and binding on us. 2) We, the said Bank do hereby undertake to pay an amount due and payable under this guarantee without any demur merely on a demand from the company stating that the amount claimed is due from the Bidder by reason of breach by the said Bidder of any of the terms and conditions contained in the said Bid or for the reason of the Bidder failing to keep the Bid valid. Any such demand made on the Bank shall be conclusive. As regard the amount due and payable by the Bank under this Guarantee shall be restricted to an amount not exceeding INR 5.0 (Five) Million. 3) We, the said Bank further agree that the Guarantee herein contained shall come into force from the date hereof and shall remain in full force and effect till a demand or claim under this Guarantee is made on us in writing on or before the** ……………. We shall discharge from all liability under this Guarantee thereafter. 4) We, the said Bank further agree that if any further extension of the validity period of this guarantee is required, the same shall be extended by us in accordance with the requirement of the company (not exceeding one year at a stretch). 5) We, the said Bank lastly undertake not to revoke this Guarantee during its currency except with the previous consent of the company in writing and agree that

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any change in the constitution of the said Bidder or the Bank shall not discharge our liability hereunder. In Witness whereof the Bank, through its authorized officer, has set its hand and stamp on this day of …….. (date) at ……………. (Place). Signature of the authorized person For and on behalf of the Bank Under jurisdiction of ………………………….. Court only. NOTE : The Stamp Paper of appropriate value shall be in the Name of the Bank issuing the guarantees. Strike out whichever is not applicable. * Complete mailing address of the Head Office of the Bank to be given. ** The Bid Security shall remain valid for a period of 30 (thirty) days beyond the

original Bid validity period and any further extension of Bid validity.

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EXHIBIT 6 : FORMAT OF LETTER OF CREDIT FOR BID SECURITY

ISSUING BANK NAME & ADDRESS: IRREVOCABLE STANDBY CREDIT NUMBER & DATE: Beneficiary : (Name and address of the designated person of CIL or Its subsidiary) Gentlemen: By the order of: …………………………………………………… ………………………….. …………..………….. ………………………….. …………..………….. (Name & Address of the Sole Bidder/ Lead Member of the Associate or Consortium

Route)

1. We hereby issue in favour of the Beneficiary our irrevocable credit for the

account of ……………………………… (hereinafter called the Bidder) for an

amount or amounts not to exceed in the aggregate 5.0 (Five) Million (INR) for

2.5/5.0/10.0* Mtpa plant available by your drafts at sight and will be effective

from ……………………….. (Date of Bid Opening against RFQ Document) until

its expiry date as specified below:

2. Your sight draft(s) in the format attached must mention our credit number as it

appears above, and be accompanied by the Notification by the CIL or its

subsidiary to the Bidder in the format attached and be presented to our

counters …………………….. (Name and Address of the counters) before

expiration of this credit.

3. Our counters ………………. (Name and Address of the counters) on verification

of the documents mentioned in para 2 above shall send the amount to

……………… (Name of the Bank, Branch address), for credit of amount to

Account Number: ………. (of CIL or its subsidiary).

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4. This credit shall remain in force upto and including ……………………… (date)

and shall be extended from time to time for such period as may be desired by

………………………… (Name of Bidder) on whose behalf this letter of credit

has been issued.

5. We are informed that this instrument is being issued in accordance with Bid

Notice No./ Bid Document No. ……………………… for execution of the subject

work at ………… on BOM concept.

6. This credit is subject to the Uniform Customs and Practices for Documentary

Credits (1993 Revision), International Chamber of Commerce, Publication

Number 500.

7. This is operative instrument and no confirmation will be sent. We hereby

engage with drawers and/ or bonafide holders that sight draft drawn and

negotiated in conformity with the terms of this credit will be duly honoured on

presentation.

8. Any advising and/ or confirmation charges and/or negotiating charges of the

issuing bank for realisation of proceeds of this Letter of Credit shall be to the

account of the Bidder.

Very truly yours, Issuing Bank

Signature(s) of Authorised Signatory (Name of the Authorised Signatory)

(*) Strike out whichever is not applicable.

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EXHIBIT 7 : FORMAT OF SIGHT DRAFT

Drawn under L.C. No. …………………………………………. dated ………………

of ………………………………………………… (Name of the Bank that opened L.C)

at sight, promptly pay to ……………………………………… (Name of the Bank at

which L/C is negotiable) or order sum of ………………………... (amount of L/C) for

value received for payment to CIL or its subsidiary.

For ……………………… (Name of the CIL or its subsidiary)

(AUTHORISED SIGNATORY) To, (Name and address of the Bank which opened LC)

Note : In case the bidder finds any inconvenience while filling in the prescribed

format, it is suggested to make minimum necessary changes according to their

suitability without impairing the essence thereof.

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EXHIBIT 8: FORMAT OF NOTIFICATION BY CIL OR ITS SUBSIDIARY TO THE BIDDER FOR FORFEITURE OF BID SECURITY SUBMITTED IN THE FORM OF IRREVOCABLE LETTER OF CREDIT

M/s …………………………………………… (Name & Address of Bidder) Ref: Your proposal No. …………………….. Sub: Forfeiture of Bid Security amount Dear Sirs, Whereas you have furnished as a part of your proposal the Bid Security / Guarantee

in the form of irrevocable and confirmed Letter of Credit No. ……………

dated…………………..of ……………….. (amount in INR) of ……….…… (Bank’s

name) payable to ………………………. (CIL or its subsidiary) on demand without any

reservation, demur or protest, contest and recourse at

………………………………………… (Name & place of the Bank)

In terms of the aforesaid Bid Security, we do hereby forfeit the subject amount.

For ………………………

(Name of the CIL or its Subsidiary)

(Signature of Authorised Signatory)

Name ………………..

Designation …………………

N.B. The Letter of Credit should not stipulate any other proforma of notification different from this format. No change whatsoever in the said proforma is acceptable to the CIL or its subsidiary.

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Annexure – 1

Annexure –1 (Page 1 of 3)

(This list of Bank is tentative. CIL or its Subsidiary may modify as per their norms and practice) LIST OF BANKS WHOSE BANK GUARANTEES WOULD BE ACCEPTABLE FOR BID SECURITY, DEVELOPMENT GUARANTEE & CONTRACT PERFORMANCE GUARANTEE ETC.

A. SBI AND ASSOCIATES 1. State Bank of India 2. State Bank of Bikaner and Jaipur 3. State Bank of Hyderabad 4. State Bank of Indore 5. State Bank of Mysore 6. State Bank of Patiala 7. State Bank of Saurashtra 8. State Bank of Travancore

B. NATIONALISED BANKS 1. Allahabad Bank 2. Andhra Bank 3. Bank of India 4. Bank of Maharashtra 5. Canara Bank 6. Central Bank of India 7. Corporation Bank 8. Dena Bank 9. Indian Bank 10. Indian Overseas Bank 11. Oriental Bank of Commerce 12. Punjab National Bank 13. Punjab & Sind Bank 14. Syndicate Bank 15. Union Bank of India 16. United Bank of India 17. UCO Bank 18. Vijaya Bank 19. Bank of Baroda

C. SCHEDULED PRIVATE BANKS (INDIAN BANKS) 1. Bank of Rajasthan 2. Bharat Overseas Bank Ltd. 3. Catholic Syrian Bank 4. City Union Bank 5. Dhanalakshmi Bank

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Annexure –1 (Page 2 of 3) 6. Federal Bank Ltd. 7. Jammu & Kashmir Bank Ltd. 8. Karantaka Bank Ltd. 9. Karur Vysya Bank Ltd. 10. Lakshmi Vilas Bank Ltd. 11. Lord Krishna Bank Ltd. 12. Nainital Bank Ltd. 13. Kotak Mohindra Bank 14. Ratnakar Bank Ltd. 15. Sangli Bank Ltd. 16. South Indian Bank Ltd. 17. Tamilnad Mercantile Bank Ltd. 18. United Western Bank Ltd. 19. ING Vysya Bank Ltd. 20. UTI Bank Ltd. 21. S.B.I. Commercial & International Bank Ltd. 22. Ganesh Bank of Kurundwad Ltd. 23. Indusind Bank Ltd. 24. ICICI Bank 25. HDFC Bank Ltd. 26. Centurion Bank Ltd. 27. Bank of Punjab Ltd. 28. Development Credit Bank Ltd.

D. SCHEDULED PRIVATE BANKS (FOREIGN BANKS)

1. Abu Dhabi Commercial Bank Ltd. 2. ABN Amro Bank Ltd 3. American Express Bank Ltd. 4. Bank of America NA 5. Bank of Bahrain & Kuwait 6. Mashreq Bank 7. Bank of Nova Scotia 8. Bank of Tokyo Mitsubishi Ltd. 9. Calyon Bank 10. BNP Paribas 11. Barchlys Bank 12. Citi Bank 13. Deutsche Bank 14. The Hongkong and Shanghai Banking Corpn. Ltd. 15. Oman International Bank 16. UFJ Bank Ltd. 17. Societe Generale 18. Sonali Bank 19. Standard Chartered Bank 20. J.P. Morgan Chase Bank 21. State Bank of Mauritius 22. Development Bank of Singapore

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Annexure –1 (Page3 of 3)

23. Bank of Ceylon 24. Bank International Indonesia 25. Arab Bangladesh Bank 26. Cho Hung Bank 27. China Trust Bank 28. Mizuho Corporate Bank Ltd. 29. Krung Thai Bank 30. Sunitomo Mitsui Banking Corpn. 31. Bank Muscat (SAOG) 32. Antwerp Diamond Bank N.V. Belgium 33. ING Bank NV.

MODEL DOCUMENT OF REQUEST FOR QUALIFICATION (RFQ) … · 2013-12-25 · before Chairman & all the...

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Transcript of MODEL DOCUMENT OF REQUEST FOR QUALIFICATION (RFQ) … · 2013-12-25 · before Chairman & all the...