WESTERN COALFIELDS LIMITEDwesterncoal.nic.in/sites/default/files/userfiles/Contract...Schedule there...

(Under Jurisdiction of Nagpur Court only) WESTERN COALFIELDS LIMITED

OFFICE OF THE GENERAL MANAGER (MM)MATERIAL MANAGEMENT WING COAL ESTATE, CIVIL LINES, NAGPUR-440 001

PH.PBX. 0712-2511381, 2524382, 2511383FAX NO. 0712-2510284WEBSITE ; westerncoal.gov.inE MAIL : [email protected]

NGP/WCL/MMW(HQ)/S&D/SP/P-40/10-11/2258 Date : 6.12.2010

BY REGISTERED POSTToM/s. MJunction Services Ltd.,Godrej Water Side, 3rd floor, Tower -1Plot V, Block – DPSector –V, Salt Lake KOLKATA – 700091.

Dear Sir,

Sub : Appointment of Service Provider for Disposal of Scrap Material Through E.Auction.

Ref : 1.Our Tender No. NGP/WCL/MMW/SP/P-040/10-11 opened on 20-08-102.Your offer no. Nil dated 18-08-2010.3.Our letter no. WCL/NGP/MMW/P-40/10-11/1641 dt. 21/09/2010.4.Your letter no. Nil dated 23-09-2010 and dt.29/09/2010

With reference to above, we are pleased to appoint you as service provider for disposal of scrap material through e.auction on the following terms and conditions:

1. Scope –. This Agreement is for the disposal /sale of scrap, rejected/obsolete materials, unserviceable Plant and Machineries, surplus stores/spares and miscellaneous articles available at different locations in the command area of Western Coalfields Limited through e.auction .WCL, however, shall reserve the right to add subsequently other items also for disposal and the items thus added shall be deemed to be covered by the agreement concluded.

2. WCL shall furnish the list of items to be disposed off, time to time on “as is where is” basis The service provider shall conduct the e.auction on their website. The service provider shall arrange to conduct the e.auction/s at their own expense which would include the preparation of the lot catalogue, terms and conditions of the auctions [as approved by WCL], publicity and advertisement of the e-auction in national & Local newspapers & in trade journals and any other expenses involved in conducting the e-auction. The decision for the acceptance/rejection of the rates offered by the bidders shall be as per the norms fixed by WCL time to time. In the event of acceptance of a lot, all the remaining works i.e. realization of money, issue of release order and other formalities etc. would be required to be completed by the service provider.

3. In all cases where release orders are issued by the service provider confirming the sale of lot/s on behalf of WCL , Sale Release Order/s shall be issued by WCL for the delivery of materials from the respective locations.

4. Service provider shall not in any case initiate disposal action without prior consent /

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approval of highest bid price received in the e-auction by WCL.5. The service provider shall be responsible for deciding financial agreement with

customers/buyers for disposal of materials as it deems expedient.6. The service provider shall deal with all claims and complaints of the customers/buyers

and forward the recommendation to WCL for final settlement. However, refund of money on account of non- delivery of materials shall be made by WCL.

7. The service provider will collect Sales Tax Declaration Form and any other documents statutory required from the customers and pass them on to WCL alongwith payment.

8. The contractor shall act as Service Provider for disposal of items. WCL will however have option to decide upon the items for getting them disposed off either at their own or through the service provider.

9. WCL shall be responsible for raising invoices as per the terms of Sale Order booked by the service provider.

10. Wherever any amount is due from buyers, recovery shall be done by the service provider.

11. The service provider will nominate one official and WCL will nominate one official for dealing with all matters relating to this agreement.

12. All the lots submitted for disposal by WCL till the date of expiry of the agreement shall be finalized for disposal as per the terms and conditions of the agreement concluded.

13. Any amendment of this agreement will be applicable only if made in writing and signed by duly authorized representative of the respective parties on their behalf.

14. WCL and/or the service provider shall not be liable for any failure or delay in performance due to any cause beyond its control including fires, strikes, go slow, lock outs closure, pestilence uncertain and unstable labor situation, accident war riots, civil commotion, political upheavals, Government actions, epidemics, breakdown of machinery acts, demands or otherwise or any other causes or conditions beyond the control of WCL and/or service provider whether directly due to or inconsequence of the aforesaid cause or not, and the existence of such cause or consequences shall operate to extend the time of performance on the part of WCL and/or the service provider by such period as may be necessary to enable WCL and/or service provider to effect performance after the cause of delay shall have ceased to exit. The provisions aforesaid shall not be limited or abrogated by any other terms and agreement whether written or printed.

15. WCL shall not be responsible for any liability in respect of labour/employee appointed/engaged by the service provider for execution/performance of this contract. All formalities required under the provision of respective Labour Laws /Rules shall be duly and punctually observed at their own cost and they alone shall be responsible for payment of any dues, compensation or any amount, required to paid under any provisions of Laws/Rules in any case for default on the part of service provider. If WCL in any case is held liable under any Laws/Rules then in such cases the service provider shall not only make payment of such dues and/or caused but also be responsible for payments of damages of WCL.

16. In case of any dispute or difference between the parties arising out of or in connection with this agreement, or in the matter of any interpretation of any clause(s)of the agreement, or any of its terms, or in the matter of any claim or enforcement of any right or obligation of the parties, the same shall be referred for arbitration to an arbitrator appointed by the Chairman–Cum–Managing Director of Western Coalfields Limited, and the award of such Arbitrator shall be final and binding on the parties to this agreement. Subject as foresaid, the Arbitration Act 1940 and the Rules and Schedule there under and statutory amendment thereon for the time in force shall be deemed to apply to the arbitration proceedings under this clause.

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17. WCL reserves to the right to extend the validity of the agreement, if concluded with the service provider, with mutual consent for a further period of 1(one)year at the same rates and terms and conditions.

18. WCL shall be liberty to terminate the agreement concluded at any time during the existence of the agreement by giving clear three months notice. The service provider shall be responsible for clearing the entire account and payment dues, if any to WCL..

19. The Contract can also be terminated by WCL, if there is any breach of any of the terms of the contract by service provider. In that case, the service provider shall be liable for damages as assessed and claimed by WCL besides the dues payable to WCL, under the Contract.

20. WCL reserves the right to use the price discovered through the e-auctioning process for its future sale transactions without any additional payments whatsoever to the e-auctioning service provider.

21. Validity Period : The Agreement is valid for a period of two years from date of issue of this letter

22. PAYMENT OF SERVICE CHARGES : a. In consideration of service, as detailed above, WCL shall pay Service charge @ 0.80% of the actual value of materials delivered against sale of lots finalized by you. The value of the Service Charges will be calculated on the actual value of materials delivered excluding E.D. Sales Tax /any other taxes applicable.b. Payment of the Service Charges, as admissible against the bills submitted shall be made by the Office of the GM (Finance) within 21 days of the receipt of the bills.

23. Security deposit : You are required to deposit Security Deposit @10% of the value of the agreement (`.17,64,800/- for two years) in the form of Bank Draft/Bank Guarantee within 15 (fifteen) days of the date of issue of this letter. The amount of Earnest Money (Rs.40,000/=) shall be adjusted against the Security Deposit. Security Deposit shall be refunded after the satisfactory execution of the agreement. For unsatisfactory performance and/or contractual failure, the Security Deposit shall be forfeited.

All other terms and conditions of this contract are governed by standard terms and conditions of NIT agreed by you in the tender.

Yours faithfully,

( Sanjay Pawar ) ( M.P. Singh )Sr. Manager (S&D) Chief Manager (S)

copy to:1 GM(Excv)I/c / GM(E&M)I/c, WCL, Nagpur2 GM(Fin)I/C, GM(F)(C&B), WCL, Nagpur3 S.O.(MM) / Depot Officers, Regional Stores – All Areas of WCL4. AFM's – All Areas of WCL5. Chief Manager, WCL, Central Stores, Tadali6. GM, Central Workshop, Tadali

( Sanjay Pawar ) ( M.P. Singh )Sr. Manager (S&D) Chief Manager (S)

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(Under Jurisdiction of Nagpur Court only)

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1.2. WESTERN COALFIELDS LIMITED

(A Govt. of India Undertaking)Office of the General Manager Coal Estate, Civil Lines NAGPUR – 440 001.

Telephone: 0712-2511214 Fax: 0712-25102843. E-mail: [email protected]. Website – www.westerncoal.gov.in

5. TENDER NOTIFICATION

TENDER FOR APPOINTMENT OF SERVICE PROVIDER FOR CONDUCTING E-AUCTIONS

1. Sealed tenders are invited from interested parties to act as service provider for conducting E-auction for sale of scrap materials of Western Coalfields limited (WCL)

2. Tender papers can be downloaded from our website mentioned above and should be submitted along with a Demand Draft for Rs.2000/- drawn in favour of ‘Western Coalfields Limited” Payable at Nagpur.

3. The last date for submission of duly filled in tender documents is at 15:00 Hrs. on 20/08/2010 .

WESTERN COALFIELDS LIMITEDOFFICE OF THE GENERAL MANAGER (MM)MATERIAL MANAGEMENT WINGCOAL ESTATE, CIVIL LINES, NAGPUR-440 001

PH.PBX. 0712-2511214, 2510691FAX NO. 0712-2510284WEBSITE; Westerncoal.gov.in

Tender No.NGP/WCL/MMW(HQ)/Stores/SP/P-040/2010-11 Dated:05/07/2010 NOTICE INVITING TENDER(NIT)

Tender Fee: Rs. 2000.00(Vide D/D/MR No. dated )

Signature of Issuing Officer

In case tender is downloaded from the website the tenderers are required to submit the tender fee in the form of Demand Draft only in favour of Western Coalfields Limited, payable at Nagpur. No. other mode of payment is acceptable. Instruction for the tenderers who have downloaded the tender documents may also be seen in Clause-VII of the tender. The tender fee is not required to be paid by Central and State Government, their Undertakings and Ancillaries of WCL against submission of necessary documents.

TENDER VALUE: Rs. 20,00,000.00EMD VALUE: Rs. 40,000.00

BY REGD.POST/HAND/AIR MAIL

To,M/s ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Dear Sir,Sub: TENDER FOR APPOINTMENT OF SERVICE PROVIDER FOR

DISPOSAL OF SCRAP MATERIAL THROUGH E.AUCTION.

Type of Tender: THREE COVER BID

LAST DATE OF SUBMISSION: 20-08-2010 upto 3.00 P.M. DUE DATE OF OPENING : 20-08-2010 upto 3.30 P.M.

OFFICE AT WHICH THE TENDER SHALL BE SUBMITTED: - GENERAL MANAGER (MM) M.M.WING WCL (HQ), COAL ESTATE, CIVIL LINES, NAGPUR - 440 001.(M.S)

PART-I (TECHNO-COMMERCIAL BID)

INSTRUCTION TO BIDDERS (ITB) & SUBMISSION OF BIDS

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1. BIDDING DOCUMENTS:

The Bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the Bidder ’s risk and may result in rejection of the bid.

2. AMENDMENTS TO BIDDING DOCUMENTS:

At any time prior to the deadline for submission of bids, the Tendering Authority, (WCL) may, for any reason, whether on its own initiative or in response to the clarification requested by a prospective bidder, modify, change, incorporate or delete certain conditions in the bidding document. All prospective bidders who have received the bidding documents will be notified of the amendment on the official website of the Company. No intimation will be sent by post. Tenderers are adviced to check the website regularly for any amendment etc to tender.

3. COST OF BIDDING:

The Bidder shall bear all the costs associated with the preparation and submission of its bid, and the Tendering Authority shall not be responsible or liable for these costs, regardless of conduct or outcome of the bidding process.

4. PERIOD OF CONTRACT:

The contract will be for a period of two years starting from the day of signing the contract. The contract may be extended for a further period of one year with same terms & conditions and at the same price, with mutual consent.

5. EARNEST MONEY DEPOSIT:

Bidder shall furnish an interest free EMD for Rs.40,000/- (Rs. Forty Thousand only) in the form of Bank Draft in favour of ‘Western coalfields limited” Payable at Nagpur along with the Tender.

(a). The EMD will be returned to unsuccessful bidders after finalization of the tender. In the case of successful bidder, the EMD will be adjusted towards ‘SECURITY DEPOSIT’. The security deposit will be released on successful completion of the contract. No interest shall be payable by WCL for either EMD or Security Deposit.

Security deposit shall be forfeited in case of any breach of the terms and conditions of this agreement.

(b). In case the bidder withdraws the tender before the tender validity requested in this tender document, the EMD amount will be forfeited irrespective of whether the bidder has offered shorter validity than the validity stipulated in this tender document.

6. SPECIFICATION FOR TECHNICAL BID

a. Objectives to be achieved by deployment of E-AUCTIONING would include:

• Strict control at all phases of the E-auction process.

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• To display auction notices online and in press for all the bidders to see. • To send out advertisement in newspaper and e-mail and/or SMS alerts about auction

modifications.• To provide auction documents for download in the Microsoft* Word, PDF and

HTML formats. • To enable online electronic bid preparation. • To support a transparent and accountable system. • Ensure use of a unique encryption mechanism that ensures the privacy and integrity of

data during the bid preparation, submission and opening processes.

b. E-commerce Experience:

The Bidders shall demonstrate the current successful usage of their E-Commerce System by a minimum 2 or more Government Departments or PSU’s or large industrial house with turnover of Rs.2.00 Crores [Two crores]and above. This is a pre requisite for considering their offer.

c. RA/Sub CA:

The Bidder should be authorized Certifying Agency (CA), Sub Certifying Agency (Sub CA), Registration Agency (RA) to issue digital certificate or should have a technical tie-up with a Certifying Agency (CA), Sub Certifying Agency (Sub CA), Registration Agency (RA) to issue digital certificate. Bidder is required to furnish Documentary Proof in this regard.

d. Ownership of Software:

Bidders who own the Software and its source code will be allowed to participate in this auction. Bids received from those agencies, which do not own the source code, will be out rightly rejected.

e. Readiness of Software:

Only those bidders who have ready software should apply. The selected bidder should be in a position to launch the e-auction Service immediately.

f. Scope of Work:

The Proposed e-auction service should support the following stages of the Auction Process briefly described below:

• WCL Officials Registration & Rights Allocation • Publishing Online Auctions & Corrigendum to buyers.• Auction Document Management• Auction Promotion via Email Alerts and news paper advertisements. • Conducting Online Pre Bid Meeting/offering clarifications when required. . Online management of auctioning process and receipt of bids within the stipulated time. Automatic rejection of bids submitted after the stipulated time with appropriate time

stamping so as to justify rejection at a later date.- Bids to be accepted on ‘Subject-to-approval-basis’ only and to be submitted to WCL

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for approval.• Site Access Reports / Web Statistics

7. QUANTUM OF BUSINESS:

WCL proposes to conduct upto four E-Auction of each scrap lot until it is sold in a single or multiple lots amounting to more than Rs.10.00 Crores every year.

WCL reserves the right to not to conduct E-Auction or conduct more than one E-Auction during a month.

8. RESPONSIBILITY OF SERVICE PROVIDER a).Service provider shall enter into sale contracts with successful bidders / intending

buyers / customers by issuing Acceptance Letters / Sale Orders/Deliver orders on behalf of WCL as per approval provided.

b) Service provider shall obtain the bid security in the form of DD in favour of WCL ,

and send the same to WCL within the next three working days. Signed copy of terms and conditions of auction should also be collected from each bidder and forwarded to WCL.

c) Service provider shall be responsible for collection of material value, sales tax and other duties, penalties and other statutory levies, as applicable and other declaration forms such as ‘C’ forms as a registered body for submission of the same to WCL. Service provider shall prepare the final Delivery Orders.

d) Service provider shall also be responsible for follow up till the sales are finalized.

e) Whenever any e-auction is cancelled / deferred / postponed by WCL the cost of advertisement, other expenditures etc will not be reimbursed to service provider.

f) Further, the e-auction shall be inclusive of the following: • Compliance to Information Technology Act 2000

• Issue of digital signatures to registered buyers.• Public Key Encryption• 128 Bit SSL encryption• Back Up & Disaster Management & Business Continuity• Compliance with guidelines provided by CERT-In, Dept. of IT, GOI.• Training & Help Desk

- Training of both WCL Personnel and the bidders on the usage of e-auctioning system.

The training imparted shall be properly structured to meet the different requirements of WCL and the bidders.

- Digital signatures to be issued by the Service provider to all bidders. The quoted price shall be inclusive of this service.

- Capturing of all the transactions during the e-auctioning process and providing this information to WCL in the form of a soft copy.

• Adequate security to effect denial of accesses both from outside and LAN, denial of price corrections after auction submission and other normal protections. The Bidder may

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furnish the details of the security management system incorporated in the e-auction service offered.• Maintaining the confidentiality of information shared

9. ROLE OF WCL :

a) Formulating of bid terms in consultation with Service provider.b) Receive training regarding conduct of E-Auction process from Service

Provider.c) Provide copies of documents such as Instructions to bidders for participating in

E-Auction process, Draft Contract copy, Integrity Pact etc. d) Evaluating the pricing information received from Service Provider obtained

through conduct of E-Auction.e) Communicate the decision regarding acceptance or otherwise of price obtained.f) In case of acceptance of price obtained through E-Auction, supplying the

tendered quantity to the successful bidder after obtaining necessary approvals g) Release payment to Service Provider as per payment terms.h) In case of rejection of bid, communicate the same to Service Provider and

advise him to re-conduct E-Auction at no additional cost to WCL.

10. NATURE AND SCOPE OF WORKS OF THE SERVICE PROVIDER

a. In consideration of the Service Charges as decided, the tenderer shall agree to be appointed as a Service Provider, for a period of two years from the date of conclusion of the agreement, for the disposal /sale of scrap, rejected/obsolete materials, unserviceable Plant and Machineries, surplus stores/spares and miscellaneous articles available at different locations in the command area of Western Coalfields Limited through e.auction .WCL, however, shall reserve the right to add subsequently other items also for disposal and the items thus added shall be deemed to be covered by the agreement concluded.

b. WCL shall furnish the list of items to be disposed off, time to time on “as is where is” basis The service provider shall conduct the e.auction on their website. The service provider shall arrange to conduct the e.auction/s at their own expense which would include the preparation of the lot catalogue, terms and conditions of the auctions [as approved by WCL], publicity and advertisement of the e-auction in national & Local newspapers & in trade journals and any other expenses involved in conducting the e-auction. The decision for the acceptance/rejection of the rates offered by the bidders shall be as per the norms fixed by WCL time to time. In the event of acceptance of a lot, all the remaining works i.e. realization of money, issue of release order and other formalities etc. would be required to be completed by the service provider. In all cases where release orders are issued by the service provider confirming the sale of lot/s on behalf of WCL , Sale Release Order/s shall be issued by WCL for the delivery of materials from the respective locations.

c. Service provider shall not in any case initiate disposal action without prior consent / approval of highest bid price received in the e-auction by WCL.

d. The service provider shall be responsible for deciding financial agreement with

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customers/buyers for disposal of materials as it deems expedient.

e. The service provider shall deal with all claims and complaints of the customers/buyers and forward the recommendation to WCL for final settlement. However, refund of money on account of non- delivery of materials shall be made by WCL.

f. The service provider will collect Sales Tax Declaration Form and any other documents statutory required from the customers and pass them on to WCL alongwith payment.

g. The contractor shall act as Service Provider for disposal of items. WCL will however have option to decide upon the items for getting them disposed off either at their own or through the service provider.

h. WCL shall be responsible for raising invoices as per the terms of Sale Order booked by the service provider.

i. Wherever any amount is due from buyers, recovery shall be done by the service provider.

j. The service provider will nominate one official and WCL will nominate one official for dealing with all matters relating to this agreement.

k. All the lots submitted for disposal by WCL till the date of expiry of the agreement shall be finalized for disposal as per the terms and conditions of the agreement concluded.

l. Any amendment of this agreement will be applicable only if made in writing and signed by duly authorized representative of the respective parties on their behalf.

m. WCL and/or the service provider shall not be liable for any failure or delay in performance due to any cause beyond its control including fires, strikes, go slow, lock outs closure, pestilence uncertain and unstable labor situation, accident war riots, civil commotion, political upheavals, Government actions, epidemics, breakdown of machinery acts, demands or otherwise or any other causes or conditions beyond the control of WCL and/or service provider whether directly due to or inconsequence of the aforesaid cause or not, and the existence of such cause or consequences shall operate to extend the time of performance on the part of WCL and/or the service provider by such period as may be necessary to enable WCL and/or service provider to effect performance after the cause of delay shall have ceased to exit. The provisions aforesaid shall not be limited or abrogated by any other terms and agreement whether written or printed.

n. WCL shall not be responsible for any liability in respect of labour/employee appointed/engaged by the service provider for execution/performance of this contract. All formalities required under the provision of respective Labour Laws /Rules shall be duly and punctually observed at their own cost and they alone shall be responsible for payment of any dues, compensation or any

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amount, required to paid under any provisions of Laws/Rules in any case for default on the part of service provider. If WCL in any case is held liable under any Laws/Rules then in such cases the service provider shall not only make payment of such dues and/or caused but also be responsible for payments of damages of WCL.

o. In case of any dispute or difference between the parties arising out of or in connection with this agreement, or in the matter of any interpretation of any clause(s)of the agreement, or any of its terms, or in the matter of any claim or enforcement of any right or obligation of the parties, the same shall be referred for arbitration to an arbitrator appointed by the Chairman–Cum–Managing Director of Western Coalfields Limited, and the award of such Arbitrator shall be final and binding on the parties to this agreement. Subject as foresaid, the Arbitration Act 1940 and the Rules and Schedule there under and statutory amendment thereon for the time in force shall be deemed to apply to the arbitration proceedings under this clause.

p. WCL reserves to the right to extend the validity of the agreement, if concluded with the service provider, with mutual consent for a further period of 1(one)year at the same rates and terms and conditions.

q. WCL shall be liberty to terminate the agreement concluded at any time during the existence of the agreement by giving clear three months notice. The service provider shall be responsible for clearing the entire account and payment dues, if any to WCL..

r. The Contract can also be terminated by WCL, if there is any breach of any of the terms of the contract by service provider. In that case, the service provider shall be liable for damages as assessed and claimed by WCL besides the dues payable to WCL, under the Contract.

s. WCL reserves the right to use the price discovered through the e-auctioning process for its future sale transactions without any additional payments whatsoever to the e-auctioning service provider.

11. CAPACITY ASSESMENT:

Where required, WCL will carryout Capacity Assessment of bidders prior to opening of the price bids and decision of WCL regarding allowing a firm to continue its participation in present tender will be final.

12. HOW TO QUOTE PRICES:

Bidder should submit their prices only in the Price Bid Forms given in the Tender. Price quoted other than on the Price Bid Form shall be liable to be rejected. The Price Bid Form must be filled in completely, without any errors, erasures or alterations.

13. SERVICE CHARGES :

a. Price quoted shall be in terms of percentage of total basic sale value of each auction, exclusive of applicable duties and taxes.

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b. Bidder shall note that payment to e-auction service provider shall be made auction-wise only if the sale offers received through the e-auction are approved / accepted by WCL and auction value payment is received in full from buyers.

c. Service Charges will not be payable on the amount of forfeited Security Deposit of buyers. 14. BID CURRENCY :

Prices shall be quoted in Indian Rupees only. The prices shall remain Firm for the period of the contract and no changes for any reason what so ever shall be allowed.

15. PERIOD OF VALIDITY:

Bids shall be valid for a period of 180 days from the date of opening of the bid. WCL shall reject a Bid valid for a shorter period as non-responsive. In exceptional circumstances, WCL may solicit the Bidder’s consent to an extension of the period of validity. The request and the responses thereto shall be made in writing. 16. FORMATS AND SIGNING OF BID:

All the envelopes and its contents shall be typed, signed and seals affixed by the Bidder or a person or persons duly authorized. A written power-of-attorney shall accompany the bid authorizing the person/s signing the bid documents. The person or persons signing the bid shall initial all pages of the bid. Any interlineations, erasures or overwriting / corrections shall be valid only if the person or persons signing the bid attest them.

17. SUBMISSION OF BIDS:

The tender complete in all respects conforming to the Terms & Conditions of Instructions to the bidders & other documents of this tender shall be submitted as under:

(A) Cover.1 – Earnest Money Deposit & Tender Document Fee:

(a) Earnest Money Deposit: Earnest Money Deposit for Rs.40,000/- (Rupees Forty thousand only) in the form of Demand Draft drawn in favour of ‘Western coalfields limited’ payable at Nagpur from a Public Sector / Scheduled bank.

(b) Tender Document Fee: The bidder has to down-load the tender document from our Website and shall furnish a Tender Document Fee of Rs.2000/- per tender in the form of Demand Draft from a Public Sector/Scheduled bank in favour of ‘Western coalfields limited’ payable at Nagpur. The tender document fees in any other form will not be accepted.

The Earnest Money Deposit & Tender Document Fee shall be enclosed in a separate sealed cover duly super scribed as "COVER.1 – EARNEST MONEY DEPOSIT & TENDER DOCUMENT FEE" and with Tender number & Date and Date of Opening. The tender will not be accepted in the absence of Earnest Money Deposit and Tender Document Fee.

(B) Cover.2 – Techno Commercial Tender comprising of

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(a) Copy of Instructions to Bidders duly signed on each page accepting the terms indicated in Instructions to Bidders [Part-I]

(b) Duly filled and signed Check Lists [Annexure-I](c) Duly signed Copy of the Price Bid blanking the price portion (Part II ) accepting

the terms of price bid.(d) Duly filled and signed Basic Information about the Service Provider format (Part

III ).

The Techno-Commercial tender comprising the above shall be enclosed in a separate sealed cover duly super scribed as "COVER.2 – TECHNO-COMMERCIAL BID' and with Tender number & Date and Date of Opening.

(C) Cover.3 – Price Tender:

Cover 3 shall contain only the price bid format (Part II ) duly filled for price etc.and signed. This cover shall be sealed and super scribed as “COVER 3 – PRICE BID” and with Tender Number & date and Date of opening.

(D) Cover.4 – Common Outer Cover:

Cover at (A), (B) & (C) above shall be kept in a common sealed outer cover duly super scribed as "TENDER FOR APPOINTMENT OF SERVICE PROVIDER FOR DISPOSAL SERVICES" and with our Tender Number & Date and Date of Opening.• The bids cannot be withdrawn after the tender closing time.• Emailed, Telex, cable or facsimile bids will be rejected. • If the outer cover is not sealed and marked as required, WCL will not assume any

responsibility for the bid’s misplacement or premature opening.

Please note that Declaration in cover 2 should not indicate service charge, which otherwise would lead to disqualification from the tender.

18. DEADLINE FOR SUBMISSION OF BIDS:

Bids must be received by WCL at the address specified under Tender Notice not later than the time and date specified in the Tender notice. In the event of the specified date for the submission of bids being declared as a holiday for WCL, the bids will be received up-to the appointed time on the next working day. WCL, at its discretion, may extend the deadline for submission of bids.

19. LATE BIDS: Late bids will not be accepted and will not be considered for evaluation.

20. BID OPENING AND EVALUATION OF BIDS: 1. 2. OPENING OF TECHNO-COMMERCIAL BIDS • WCL will open the Techno-commerciall Bids on the same day at 3.30 P.M.. • Bids not submitted as explained in clause-13 above shall be liable for rejection.

CLARIFICATION OF TECHNO-COMMERCIAL BIDS: During evaluation of technical bids, WCL may, at its discretion, ask the Bidder for a

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clarification of its bid. The request for a clarification and the response shall be in writing and no change in prices or substance of the bid shall be sought, offered or permitted. However no post bid clarification at the initiative of the bidder shall be entertained.

OPENING OF PRICE BIDS:

Price Bids of only those bidders whose Techno-commerciall Bids meet all the Tender terms & conditions will be opened on a later date which will be intimated. The bidder or his representative may attend the price bid opening if they choose to.

WCL reserves the right to accept or to reject any or all proposals at any time prior to any award of contract without incurring any liability to the affected party or without any obligation to inform the affected party of the ground for such decision.

21. PAYMENT TERMS:

Payment to the service provider shall be made after successful lifting of sold lot against an invoice raised by the service provider within 21 days from the date of receipt of the invoice from the service provider, subject to fulfillment of condition in Clause 13 (b).

22. Jurisdiction Of The Court:

Any dispute arising out of this Agreement shall be subject to the jurisdiction of the Courts (s) at Nagpur only.

Name Company Signature Official Seal Date

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Annexure – I Check Lists

A. Checklist for Eligibility Criteria for E-auctioning System Service Providers

Description WCL requirement Service Provider’s offer Confirm (Tick)

2. Scope

A. Internet based e-auctioning of scrap materials of WCL and all associated services as specified.

a) Upload auctions catalogues prepared by WCL

b) Upload corrigendum prepared by WCL

c) Publish Internet advt. and Newspaper advertisements

d) Online receipt of offere) Evaluation of offersf) Display of bid pricesg) MIS for decisionh) Bidder to provide training to WCL

personnel and Bidders i) Bidder to provide online demo.j) Issue of digital signatures to all the

bidders.k) Capturing of all transactions during

the e-auction process and providing the same to WCL as a soft copy.

l) Providing all other associated services as specified in the bid documents.

Execution/delivery period

WCL requires least executing period for the solutions

Payment terms As per WCL’s Std terms & Conditions

Validity of offer Valid for 180 days Taxes & duties Applicable taxes & duties as extra

WCL requirementService Provider’s

offerConfirm (Tick)

The Intellectual Property Right (IPR) of the E-AUCTION should be owned by the Bidder

The Bidder is a CA/Sub CA/RA or should have a technical tie-up with a CA, Sub CA, RA to issue digital certificate that is authorized to issue Digital Certificates. Furnish documentary proof in this regard. Specify the number of Digital Certificates issues till date.

Bidder possess ready software which they can demonstrate and the same can be customized and launched within one

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week from date of award of Tender. Bidder must ensure that customization done to meet procedural requirement of purchase guidelines laid down by the companyBidder confirms that their e-auction is currently being used by at least 2 Government Departments, PSU or large Industrial House in India with a turnover of Rs.2.00 Crores. Please furnish the following details a) Name of Dept./PSU/Industrial Houseb) Contact Detailsc) URLd) Number of Auctions conductede) Letter of satisfaction and past experience from existing user

Bidder agrees that their existing e-auction fulfills the scope of work as defined in this Tender document

Bidder confirms that their e-auction complies to Information Technology Act 2000 & guidelines of CVC

Bidder agrees that theirs e-auction is PKI Enabled.

Bidder agrees that theirs e-auction uses 128 Bit SSL encryption

Bidder agrees that they can give Live demonstration of any one site they are maintaining if required.

Bidder agrees that payment to e-auction service provider shall be made only if the offers received through the e-auction are approved/accepted by WCL and actual sale takes place.

B. Bidders must have the system capable of addressing the following security issues identified by CVC in the manner recommended herein and indicate their confirmation ;

B.1 Security Infrastructure level:Issues Best practices to achieve security

considerationsConfirmation by Bidder

Perimeter defence

Deployment of routers, Firewalls, IPS/IDS, Remote Access and networking segmentation.

Authentication Network authentication through deployment of password policy for accessing the network resources. To minimize unauthorized access to the e-procurement system at system level.

Monitoring Deployment of logging at OS / network level and monitoring the same.

Secure configuration of network host

The security of individual servers & workstations is a critical factor in the defence of any environment, especially when remote access is allowed. Workstations should have safeguards in place to resist common attacks.

System patching As the vulnerability of the system are

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discovered almost regularly and the system vendors are also releasing the patches. It is expected the host are patched with latest security updates released by the vendors.

Control of Malware

Suitable control like anti-virus, anti spyware etc. should be deployed on the host associated with e-procurement system. However, option for running the services at non-privilaged user profile may be looked for. Otherwise suitable operating system which is immune to virus, Trojans and malware may be deployed.

Structured cabling

The availability of the network services is critically dependent on the quality of interconnection between the hosts through structured including termination and marking. It is expected the e-procurement system has implemented structured cabling and other controls related with network and interconnection.

B.2 Security at Application level [during design]Issues Best practices to achieve security


Authentication The authentication mechanism of the e-procurement application should ensure that the credentials are submitted on the pages that are server under SSL.

Access control The application shall enforce proper access control model to ensure that the parameter available to the user cannot be used for launching any attack.

Session management

The design should ensure that the session tokens are adequately protected from guessing during an authenticated session.

Error handling The design should ensure that the application does not present user error messages to the outside world which can be used for attacking the application.

Input validation The application may accept input at multiple points from external sources, such as users, client applications and data feeds. It should perform validation checks of the syntactic and semantic validity of the input. It should also check that input data does not violate limitations of underlying or dependent components, particularly string length and character set. All user supplied fields should be validated at the server side.

Application Logging should be enabled across all

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logging and monitoring.

applications in the environment. Log file dat is important for incident and trend analysis as well as for auditing purposes. The application should log failed and successful authentication attempts, changes to application adta including user accounts, server application errors and failed and successful access to resources when writing log data, the application should avoid writing sensitive data to log files.

B.3 Security during application deployment and use.Issues Best practices to achieve security


Availability, clustering, load balancing

Depending on the number of expected hits and access the options for clustering of server and load balancing of the web application shall be implemented.

Application and data recovery

Suitable management procedure shall be deployed for regular back-up of application and data. The regularity of data backup shall be in commensurate with the nature of transaction / business translated into the e-procurement system.

Integrity of the application, control of source code, configuration management.

Suitable management control shall be implemented on availability of updated source code and its deployment. Strict configuration is recommended to ensure that the latest software in the production system

B.4 Security in Data storage and communication.Issues Best practices to achieve security


Encryption for data storage

Sensitive data should be encrypted or hashed in the database and file system. The application should differentiate between data that is sensitive to disclosure and must be encrypted, data that is sensitive only to tampering and for which a keyed hash value (HMAC) must be generated and data that can be irreversibly transformend (Hashed) without loss of functionality (such as passwords). The application should store keys used for decryption seperatly from the encrypted data.Examples of widely accepted strong ciphers are 3DES, AES, RSA, RC4 and blowfish. Use 128-bit keys(1024 bits for RSA) at a minimum.

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Data transfer security

Sensitive data should be encrypted prior to transmission to other components. Verify that intermediate components that handle the data in clear- text form, prior to transmission or subsequent to receipt , do not present an undue threat to the data. The application should take advantage of authentication features available within the transport security mechanism.Specially, encryption methodology like SSL must be deployed while communicationg with the payment gateway over public network.

Access control Application should enforce an authorization mechanism that provides access to sensitive data and functionality only to suitably permitted users or clients.Role based access controls should be enforced at the database level as well as at the application interface. This will protect the database in the event that the client application is exploited.Authoristaion checks should requires prior successful authentication to have occurred.All attempts to obtain access without proper authorization should be logged.Conduct regular testing of key applications that process sensitive data and of the interface available to users from the internet include both ‘black box informed’ testing against the application. Determine if users can gain access to data from other accounts.

C. Other Important issues :Third party audit

It is recommended that the implemented solution be audited by a competent third party at least once a year

Public key infrastructure (PKI) implementation

This is one of the most critical security feature that are required to be implemented in order to establish non-repudiation and to ensure the security of the online system. Under the system, participating contractors and the suppliers, as well as departmental users are issued digital signature certioficate (DSC) by a licensed certification authority

D. CHECKLIST TO ACHIEVE SECURITY CONSIDERATIONS IN E-TENDER/AUCTION / PROCUREMENT SOLUTIONS (Compliance to CVC circular

no.18/04/2010 Dt. 26-04-2010)

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Bidders are required to confirm the following security considerations :

S.N. SECURITY CONSIDERATIONS BIDDER TO

CONFIRMYES / NO

1 Whether the application is secure from making any temporary distortion in the electronic posting of Tender/Auction notice, just to mislead certain bidders ?

2 If yes to above, then whether any automatic systems alert is provided in the form of daily exception report in the application

3 Whether application ensures that the Tender/Auction documents issued to / downloaded by bidders are complete in shape as per the approved Tender/Auction documents including all its corrigendums?

4 Is there is any check available in the application detect & alert about the missing pages to the Tender/Auctioner, if any?

5 Whether application ensures that all the corrigendum issued by competent authority are being fully communicated in proper fashion to all bidders including those who had already purchased / downloaded the bid documents well ahead of the due date & before uploading the corrigendum?

6 Whether system is safe from sending discriminatory communication to different bidders about the same e-Tender/Auctioning process ?

7 Whether E-procurement solution has also been customized to process all type of Tender/Auctions viz limited / open / global Tender/Auctions ?

8 Whether online public Tender/Auction opening events feature are available in the application ?

9 Whether facilities for evaluation / loading of bids, strictly in terms of criteria laid down in bid documents are available in the application ?

10 Whether sufficient safeguards have been provided in the application to deal with failed attempt blocking ?

11 Whether application is safe from submission of fake bids ?12 Whether encryptions of bids are done at clients ends ?13 Whether safety against tampering and stealing information of

submitted bid, during storage before its opening, is ensured ?14 Whether application is safe from siphoning off and decrypting the

clandestine copy of a bid encrypted with public key of Tender/Auction opening officer?

15 Whether application is safe from mutilation /sabotage or otherwise rendering the encrypted bid in the e-Tender/Auction box during storage, to make it unreadable / invalid in any form , before opening of the bids ?

16 Whether introduction of special characters / executable files etc by users are restricted in the application ?

17 Whether validity check of DSC is being done at server end ?

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18 Whether system supports the feature that even though if a published Tender/Auction is being deleted from the application, system does not allow permanent deletion of the published Tender/Auction from the database ?

19 Whether sufficient security features are provided in the application for authentication procedure of the system administrator like ID, password, digital signature, biometric etc.?

20 Whether audit trails are being captured in the application on media not prone to tampering, such as optical write once ?

21 Whether log shipping feature is available, whether a separate dedicated server receives the logs from the application over web service in real time?

22 Whether integrity and non-tampering is ensured in maintaining the server clock synchronization & time stamping ?

23 Whether application generates any exception report / system alerts etc. to indicate the resetting of the clock, in case the application for time stamping is killed at the server lavel and time is manipulated ?

24 Whether application ensures that the quotes from various bidders with their names are not being displayed to any one including to the organization during carrying out of the e-reverse Tender/Auctioning process ?

25 Whether application is fit for usage complying with the requirement of Tender/Auction processing viz authencity of Tender/Auction, non-repudiation and secrecy of information till the actual opening of Tender/Auctions.

26 Whether any comprehensive third party audit [as per statutory requirement and also as per the requirement of e-Tender/Auction processing (compliance to IT Act 2000) was got conducted before first putting it to public use ?

27 Whether application complies with the CVC’s guidelines dated 17.09.2009 on security considerations for e-tendering / procurement systems. (Compliance to clause B above)

Any additional features not specifically mentioned below, can be described by Bidders and appended at the end of this sheet. Extra Sheet as required may be attached.

Authorised Signatory:Date :Stamp of the firm

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Part II: Price Bid Financial Bid Format

DescriptionService Charge as percentage of basic sale value

Conducting E-AUCTION for sale of scrap, rejected / obsolete materials, unserviceable plant & machineries, surplus stores / spares and miscellaneous articles etc. and lying in Areas in command of WCL in the state of Madhya Pradesh and Maharashtra..

The e-auction shall be conducted as per the terms and conditions of WCL.

The scope of e-auctioning service shall cover all the aspects as mentioned in Part – I, Technical Bid Specification.

The Service Charge shall be as percentage of total auctioned basic sale value (excluding duties & Taxes). The prices shall remain Firm for the period of the contract and no changes for any reason what so ever shall be allowed.

The Service Charges shall include the charges for the following services as applicable:- Government Registration, if any - Auction Notice and corrigendum Creation and Approval - Auction Document Management- Auction Promotion through newspaper advertisements in All India edition/Internet advertisements.- Bid Creation, Bid Submission, Bid Evaluation - E-Auctions - Statistics/Reports/ Evaluation statement.- Providing Digital signature to all bidders.- WCL reserves the right to use the price discovered through the e-auction process for its future sale transactions without any additional payments Whatsoever to the e-auctioning service provider - Help Desk/Vendor Training for WCL personnel and the bidders

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- Site Access Reports / Web Statistics - Capturing all transactions during the e-auctioning and providing the same to WCL in

the form of a soft copy as well as hard copy..

Authorised Signatory:Date :Stamp of the firm PART-III: Basic Information about the Service Provider

1. Name of Company :

2. Ownership Details :

3. PAN Number :

4. Bank Account Details:Name of Bank –

Address -9-digit MICR code –Account No. –

5. Contact Person’s Name :Phone Number :Mobile Number :Fax Number :Email Id :

21. Financial Details

Financial year Turnover in Rs. (crores)

2007-08 2008-09 2009-10

22. Major Clients :

Authorised Signatory:Date :Stamp of the firm :

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