wcl-ch3150-enm-0026-2016-17 for DOC 8134 14.imimg.com/data4/DG/KL/HTT-1850/1850_2016-10-10... · 10/10/2016 · Tender No. WCL/ch3150-enm-0026-2016-17 Page 1 CHANDRAPUR AREA, PO

Tender No. WCL/ch3150-enm-0026-2016-17

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Sub: Posting of Tender document on Website of WCL.

Name of Area Chandrapur Area

Tender Title Hiring of vehicle

Tender Ref no. Wcl-ch3150-enm-0026-2016-17

Product Category

EnM

Tender value

`12,08,640 /-

EMD

`12086/-

Document fee

NIL

Tender Type

Services

First announcement Date & Time

10.10.2016 From 11.00 hrs.

Last date & time of document collection WEB SITE

10.10.2016 up to 16.00 hrs.

Last date & time for submission of EMD, FEE, Affidavit and offer.

24.10.2016 up to 16.00 hrs.

Date and time of opening of bid

25.10.2016 at 16.00 hrs.

Tender description Hiring of vehicles

Contact person Name Shri. K.K.Sinha

Contact person Designation Dy. General Manager (EnM) AHQ CHA

Contact No 07172-256323,253323-24,251882

Pre-qualification if any Copy of PAN card, Service tax Regn. Cert, Vehicle paper, experience, etc

STAFF OFFICER (E&M), WCL, Chandrapur Area

WESTERN COALFIELDS LIMITED

((A Mini Ratna Company)) OFFICE OF THE AREA GENERAL MANAGER, TEL(O) : 07172-255551 CHANDRAPUR AREA, PO. BABUPETH PBX : 07172-2553322-25,251882 DIST. CHANDRAPUR(MS)-442403 FAX : 07172-256124,251882

Email Id: [email protected] --------------------------------------------------------------------------------------------------------------------------

Regd. Office: Coal Estate, Civil Lines, Nagpur (MS)-440 001 Corporate ID: U10100MH1975GOI018626 Website: www.westerncoal.gov.in

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WCL/GM/CHA/E&M/ 4097 Dt.30.09.2016

E- TENDER NOTICE (wcl-ch3150-enm-0026-2016-17)

Sealed tenders are invited under two bid system containing Part I (Technical, Commercial and General Conditions) and Part II (Rates for described works / Price bid/BOQ) from experience contractors / firms for the work given below:

Job Sr. No.

Job description Estimated cost of hiring For two academic sessions approx 240 days per year.

Earnest Money Deposit

Cost Of Tender Document Per Set

Job Sr. No. (01)

Hiring of 01 No. School Bus (46-49+1 seater) for transportation of children’s of WCL employees on 12 HRS BASIS with provision of one driver & conductor with intermittent rest for use at Durgapur Open cast Mine, WCL Chandrapur. Run per day: 150 Km/day (approximate), Minimum specific fuel consumption- 04 Km/Ltr. Max 240 days per year for two years against Surveyed off Bus No. MH34A8139.

`1208640/- (Excluding fuel charges, Service Tax & EPF

contribution). (`

Twelve Lac Eight Thousand Six Hundred Forty only)

`12086/- (Twelve Thousand Eighty Six Only )

NIL

Note: -

• Conditional offers will not be accepted.

• The rate should be quoted inclusive of all incidental charges to be paid to the Government authorities, wages of the Drivers & conductors and maintenance charges, lubricant, etc.

• The Drivers should be an authorized License holder to drive the buses as per RTO NORMS.

• No Diesel/Lubricant shall be issued from our Company. Cost of Diesel would be reimbursed on monthly basis. Standard average/millage of 04 Km/ltr.

• Preference will be given to Land ous-tees of WCL, Chandrapur Area.

• The rates to be quoted separately for each job. Evaluation of lowest bidder for each job shall be on the basis of individual job value.

ELEGIBILITY CRITERIA:- The vehicle should not be older than 3 years from the date of first registration as on the date of opening of bid.

A) Period of Contract/Completion of Work :- Initially vehicle will be hired for two year year (240 days per year). B) Commencement of work :- Within 10 days from the date of issue of Letter of Intent/Work Order, whichever is earlier. D) Availability of Tender documents:- from 10.10.2016 from 11 hrs to 24.10.2016,

16.00 hrs. ON WEB SITE (Wednesday is weekly off day of the Area) E) Last date of online submission of tender :- 24.10.2016 up to 16.00 hrs. F) Date of online opening of the bid :- 25.10.2016 at 16.00 hrs.





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1. Validity period of rates quoted is 120 days from the date of opening of the tender price bid or revised price bid. 2. Earnest Money Deposit (EMD) amount as indicated in the NIT should be furnished in OFF LINE only. In the Off line mode the bidder can make payment of EMD separately either through Banker Cheque/DD from any nationalized/ scheduled Bank to WCL Bank Account ( Details given below )

Only Physical mode of payment i.e Banker cheques or Demand drafts are acceptable.

Bank Account Details of WCL, Chandrapur Area : EMD payable to :: “Western Coalfields Limited, Wardha Valley Area” payable at Chandrapur. Account No:11014449824 Bank: State Bank Of India, Br: Main Br., Chandrapur, IFSC Code: SBIN0000346 Note: The offers submitted shall be considered valid only when EMD amount is received on or before the last date and time of submission of bid, otherwise the tender shall be treated as non-responsive. The EMD should be submitted in the office of Staff Officer (E&M), O/O Area

General Manager, WCL, Chandrapur Area, P.O. Babupeth, Dist: CHANDRAPUR -442403 indicating the tender reference and EMD amount. The EMD of unsuccessful bidders will be refunded through e- payment, after the bidder is declared unsuccessful. The bidders have to upload their Bank details / Mandate Form for e- payment along with EMD.

1. Intending Bidders are advised to inspect the site before quoting the rate. 2. If required bus will be inspected for which bus to be brought to Area Office for inspection and

the cost incurred for such inspection will be on the tenderers account. 3. Rate quoted should be inclusive of all taxes, duties, etc; on the date of the submission of tender

excluding service tax only. 4. The documents uploaded should be clear and legible. 5. The security Deposits shall be 5 % of the work value. 6. Copy of PAN card, service tax registration certificate of Tour operator/cab operator, work order

copies / experience certificate, firm registration/partnership deed & power of Attorney in case of firm & vehicle RTO papers, Valid badge driving license to be engaged, etc. to be uploaded online in single pdf format.

7. Only trained manpower at WCL, VTC shall be engaged on the job. 8. Driver should have initial medical examination certificate (IME) before engagement.

GENERAL Company is not under any obligation to accept the lowest tender/tenders and also reserves the right to reject any or all tenders without assigning any reason whatsoever and also to distribute the work and allot the work/works to more than one bidder, at its sole discretion. WCL shall not be responsible for any consequences due to misprinting or any wrong translation by the Newspaper concerned. The bidders should contact the tendering authority and verify the facts in case of confusion. This issues with the approval of Competent Authority.

Staff Officer (E&M), WCL, Chandrapur Area.

Distribution:- 1) Notice Board of GM Office. 2) Chief Cashier, AHQ, CHA. 3) Public relation Manager, HQ, NGP : For NEWS PAPER PUBLICATION.

4) Manager (System), AHQ, CHA. ……. with Pen drive / floppy for website publicity.


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NOTICE INVITING TENDERS (NIT) (TENDER ENQUIRY IN TWO BID)

(Only Through Electronic Tendering)

Sub : E-tender with E-price bids for Hiring of Vehicle” 1. Tenders are invited electronically through website. Tenders are to be submitted strictly as per guidelines furnished in the website of http://coalindiatenders.gov.in and hereunder:

Tender Ref No. WCL-ch3150-enm-0026-2016-17

Type of tender Open e-Tender with e-price bid

Tender Value Rs.12,08,640.00

Earnest Money Deposit (EMD) (TO BE SUBMITTED OFF LINE ONLY)

Rs.12,086/-(rounded off)

Tender Fee : NIL

Last date and time for tender fee, EMD , Affidavit and on line submission of Offer :

04.00 PM on 24-10-2016

Due date and time for on line opening of bid: 04.00 PM on 25-10-2016

(Under unforeseen circumstances and if the due date falls on holiday, the tender will be opened on the next full working day at the same time.

NOTE: Sunday is our working day & Wednesday is weekly holiday

Note: Bidders to upload the required documents/Eligibility like work order copies/performance certificates related documents in pdf format only in OID (Other Important Document). Registered vendors can download through online the formats in our website http://coalindiatenders.gov.in. 2.0 Requirements for Vendors

• P.C. connected with internet.

• Registration with Service provider portal http://coalindiatenders.gov.in

• The vendor should posses a Class II Digital Signature certificate (Mandatory).

• (Bids will not be recorded without Digital Signature Certificate.)

• In case of any clarification please contact M/s.NIC., before the schedule time for submission of the bid.

Contact Person:- Mr. Mahendra :- 09970026419 TOLL FREE NO. : 1800-233-7312 Local Help Desk : 0712-2511381- extn-5609 E-mail: [email protected]/[email protected] Registration / Enrollment of Bidder on e- procurement above Portal only. In order to submit the bid, the bidders have to get themselves registered online on the e- procurement portal of CIL with valid Digital Signature Certificate (DSC ) issued from any agency authorized by CCA and which can be traced up to the chain of trust to the Root Certificate of CCA. The online Registration of the Bidders on the portal will be free of cost





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and one time activity only. The registration should be in the name of the bidder, whereas DSC holder may be either bidder himself or his duly authorized person. 2.0.1 For registration, Submission procedure and method of correspondence etc Please visit our website: http://coalindiatenders.gov.in and click on the link Vendor Help. 2.0.2 To obtain the Class II digital signature certificate or further details please visit our website: http://coalindiatenders.gov.in or http://nicca.nic.in you may also Contact: Mr. Mahendra, WCL Civil Lines, Nagpur-440001. Mob: 09970026419 2.0.3 Help for participating in e-tender: The detailed method for participating in the e-procurement are available in the website “http://coalindiatenders.gov.in”. The bidders have to Log on to official website of http://coalindiatenders.gov.in web site and then click on the specified links to start participating in the e-procurement process. Bidders are also free to communicate with the contact person of the service provider to get all clarifications regarding the mode of the e-procurement process. NB : ( I ) Please note that there is no provision to take out the list of parties downloading the tender document from the above referred web site . As such , tenderers are requested to see the website once again before due date of tender opening to ensure that they have not missed any corrigendum uploaded against the said tender after downloading the tender document. The responsibility of downloading the related corrigenda , if any , will be that of the downloading parties. ( ii ) No separate intimation in respect of corrigendum to this NIT( if any ) will be sent to tenderers who have down loaded the documents from website. Please see websites ie., http://www. westerncoal.gov.in or http:// www. tenders.Gov.in. or http://coalindiatenders.gov.in. 3 . The offer should be submitted (uploaded ) strictly as per the terms and

conditions and procedures laid down in the website of http://coalindiatenders.gov.in / tender document failing which the offer is liable for rejection.

Bidders should download the complete NIT including the Annexures and read carefully before filling the details and uploading the documents. 4. The offers with any deviations to the NIT Terms and conditions shall be liable for rejection. 5. The bidder must upload all the documents required as per the terms of NIT. Any other document uploaded which is not required as per the terms of the NIT shall not be considered. 6. All disputes shall be subject to the jurisdiction of Nagpur court only. (Note : It may pleased be noted that E-tendering or e-procurement fall under the purview of the Information Technology Act 2000 and Information Technology (Amendment) Act 2008 and other relevant acts and subsequent amendments if any ) 7. If required vehicle will be inspected for which vehicle to be brought to Area Office for inspection and the cost incurred for such inspection will be on tenderers account. 8. PREPARATION OF TENDER DOCUMENTS: 8.1 TWO BID SYSTEM: The Tender Documents are to be submitted in Two Bid system containing Part- I (Technical, Commercial and General Conditions) and Part II (Rates for described works / Price


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bid/BOQ) from experience contractors / firms in the following manner and shall be submitted through electronic mode only. 8.2 The bidder shall upload their bids along with all the supporting documents in the e-procurement portal within the stipulated date of tender submission. EMDs are to be paid by the bidder in online mode, available in the system. However offline mode of EMD payment will be allowed for those subsidiaries who are yet to provide their bank accounts or mapping of bank accounts are completed by NIC. EMD exemption documents will be uploaded as provided in the system, to be verified along with bid documents. 8.3 Extension of tender submission date in case of number of bids received are less than three, initially by two days and thereafter by five days will be done automatically by the system.

Note : 1. Bidders are requested to upload all the attachments /documents in a single PDF Format file . 2. Uploading the tender documents (only PDF, JPG, XLS & RAR) files allowed 3. Tenderers must ensure copies of firm registration, PAN card, Service tax registration, Bank solvency, professional tax receipt, experience/work order copies, vehicle RTO papers, affidavit, partnership deed and power of attorney in case of partnership firm & other Statutory documents required to be uploaded with offer should be duly attested by PUBLIC NOTARY/ENPOWERED OFFICIAL. In case of failure to upload the documents complete in all respect duly notarized by ‘PUBLIC NOTARY/ ENPOWERED OFFICIAL’ the offer will be considered as non responsive.

9.00 EVALUATION OF TENDER 9.1 Techno-commercial evaluation of only those bidders will be done who have submitted the requisite EMD or the exemption documents online as per the requirement of the NIT. No further reference will be made to the bidders in this respect. Bidders must ensure that the documents uploaded for claiming exemption of EMD shall be valid and cover the tendered / offered items . Decision of WCL regarding coverage of tendered/offered items in the submitted documents will be final and binding on the bidders. 9.2 Initially, there will be technical scrutiny report and commercial scrutiny report generated by system itself. 9.3 The copies of system generated technical and commercial report shall be available in system and may be downloaded by the technical department separately for carrying out the technical scrutiny and commercial scrutiny. 9.4 Subsequently, technical scrutiny and commercial scrutiny generated by the system shall be scrutinized / verified by the concern departments in light of the documents uploaded by the Bidder, in respect of the bidder qualified based upon the templates response only. 9.5 Upon opening of the bids, GTE, TPS, BOQ and all other documents uploaded by the eligible bidders get opened and comparative statement of prices is generated by the system. 9.6 Supportive documents of L-1 bidder only, shall be downloaded for evaluation by the TIA. 9.7 After evaluation of the uploaded documents, shortfall documents, if required, are sought from the L-1 bidder. For this purpose, maximum 2 chances, each of 7 x 24 hours duration shall be given. 9.8 If the techno-commercial acceptability of L-1 bidder is established upon verification of Uploaded documents and shortfall documents if any, the case shall be considered by the tender committee. If the L-1 bidder happens to be defaulter upon verification, the documents of the next lowest bidder shall be downloaded for evaluation and short fall documents obtained if required. This process continues sequentially till techno- commercially acceptable L-1 is established. 9.9 The following penalties shall be imposed on the defaulting bidders:

Sr. No.

Situation Penal Provision

(i) L-1 bidder is a defaulter.

100 % of EMD amount or Rs.1.00 lakh whichever, is lower, is forfeited.

(ii) Failure to submit offline EMD.

In case of failure to submit offline EMD within 7 days bidder will be debarred for one year.


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(iii) L-1 bidder happens to be a defaulter in 2 tenders issued by the same TIA within a span of one year

If bidder defaults in 2 tenders under same TIA in a span of one year, 100 % of EMD is forfeited & bidder will be debarred for one year.

Note: The penal provisions will be squarely applicable to all those firms whose documents are examined on account of treating them as L-1 successively. The bidder will have to give undertaking online that, if the information / declaration / scanned documents furnished by them, in support of the same in respect of eligibility criteria is found to be wrong or misleading at any stage they will be liable for punitive action. Note : In view of the above procedure of evaluation, bidder at the time of submission of bid should ensure that their offers/templates and supporting documents are correct and strictly meet the NIT criteria. All notices to the bidder shall be sent by e-mail only during the process of finalisation of tender by WCL as well as e-procurement service provider. Hence the bidder are required to ensure that their corporate e-mail -id is provided / updated during the registration of vendor with Service Provider. Bidder is also requested to indicate their valid corporate e-mail- id and mobile no. of authorized representative for communications through e- mails / SMS alerts ( if any) Modification of the submitted bid shall be allowed online only before the deadline of submission of tender and the bidder may modify and resubmit the bid online as many times as he may wish.

• Shortfall Documents: WCL may ask for shortfall documents during the evaluation of the bid. These documents shall not be relating to submission of EMD/experience criteria. Request for documents and the response shall be in writing and no change in the prices of the bid shall be sought, offered or permitted.

No modification of the bid or any form of communication with WCL. or submission of any additional documents, not specifically asked for by WCL , will be allowed and even if submitted, they will not be considered. These documents sought by WCL shall be allowed to be uploaded within 07 (seven) days. The above documents will be specified on-Line under the link "Upload Additional documents'' by WCL, indicating the start date and end date giving 07 days' time for on-line submission by bidder. The bidders will get this information on their personalized dash board under “Upload Additional documents" link. Additionally, information shall also be sent by system generated e-mail, but it will be the bidder's responsibility to check the updated status / information on their personalized dash board at least once daily after opening of bid. No separate communication will be made in this regard. Non-receipt of e-mail will not be accepted as a reason of non-submission of documents within prescribed time. The bidder will re-upload the requested documents within the specified period and no additional time will be allowed for on-Line submission of documents. However, if due to some technical problems, uploading of the shortfall documents On-line is not possible, then the same will be allowed to be submitted off-line, giving suitable instruction and time limit to the bidder for submission of the shortfall documents.


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ANNEXURE-“A”

IMPORTANT TERMS & CONDITIONS OF NIT

(Bidders to read carefully before submitting the online tenders)

1) Validity period of rates quoted is 120 days from the date from opening of the Part II (Price

Bid or revised price bid) of the tender.

2) Earnest Money Deposit (EMD) amount as indicated in the NIT should be furnished in OFF LINE only. In the Off line mode the bidder can make payment of EMD. Separately either through Banker Cheque/DD from any nationalized/scheduled Bank to WCL Bank Account (Details given below)

Only Physical mode of payment i.e Banker cheques or Demand drafts are acceptable.

Bank Account Details of WCL, Chandrapur Area : EMD payable to :: “Western Coalfields Limited, Wardha Valley Area” payable at Chandrapur. Account No:11014449824, Bank: State Bank Of India, Br: Main Br., Chandrapur, IFSC Code: SBIN0000346 Note: The offers submitted shall be considered valid only when Tender fee/EMD amount is received on or before the last date and time of submission of bid, otherwise the tender shall be treated as non-responsive. The Tender fee/ EMD should be submitted in the office of Staff

Officer (E&M), O/O Area General Manager, WCL, Chandrapur Area, P.O. Babupeth, Dist: CHANDRAPUR -442403 indicating the tender reference and EMD amount. The EMD of unsuccessful bidders will be refunded through e- payment after the bidder is declared unsuccessful. The bidders have to upload their Bank details / Mandate Form for e- payment along with EMD.

For successful bidder the EMD will be converted as Security Deposit and the balance amount after adjustment of EMD towards 5% Security Deposit shall be deposited by the successful bidder or will be adjusted from the running on account bills. The Security Deposit will be refunded to the party after satisfactory execution of the contract. However EMD shall be forfeited if any of the bidders withdraw their offer before finalization of tender.

3) Tenders may submit offer for the above vehicle on 12 hour per day basis with one Driver & conductor, operation & Maintenance of vehicle (Documentary evidence for the following to be uploaded while submitting tender).

4) The vehicle should not be older than 3 years from the date of first registration as on the date of opening of bid.

5) Vehicle should be registered in the name of bidders/Partner/ firm / proprietor. 6) Vehicle should be diesel driven and having valid taxi permit/RTO permit (if applicable)

/registration certificate/Tax / Comprehensive insurance and any other statutory requirement prevalent on date.

7) EXPERIENCE: a) Bidders must have in its name or proportionate share as a member of JV, experience of

having successfully executed ( includes completed/ongoing) works of “similar nature” valuing 65% of the annualized estimated cost of the work put to tender ( for period of completion over one year) / 65% of the estimated cost of the work ( for completion period up to one year) put to tender in any year (consecutive 365 days) during last 7 (seven) years ending last day of months previous to the one in which bid applications are invited. For substantiating past experience, the bidder should submit the work orders, certificate of actual works already executed (including value & period) and TDS certificates. The annualized value of the work shall be calculated as the “(Estimated cost/period of completion in days) x 365” For updation, cost of previous executed works shall be given a simple weightage of 5% per year to bring them at current price level. The year can be considered suitable consecutive 365 days till the last day of month previous to one in which bid has been invited. Updation will be considered for full or part of the year considering 365 days in a year till the last day of month previous to one in which bid has been invited.


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b) The bidder is required to give an undertaking in the form of an affidavit in the prescribed

format to deploy matching owned equipment cars/jeeps/SUV/MUV/trucks, etc as per NIT. The affidavit be sworn before the Notary public/Executive Magistrate.

c) In case any bidder quotes/offer for new vehicles, the bidder has to submit an undertaking to deploy the offered vehicles with all supporting documents within one month from the date of issue of LOI on Non- judicial stamp paper of Rs.100/- value, duly signed by Notary along with the first part of tender documents. This clause shall not be applicable in case of Explosive van, Diesel Bowser & Fire tender only.

d) Even though the bidders meet the above qualifying criteria, they are subject to be disqualified :- i) If they have made misleading or false representations in the forms, statements and

attachment submitted as proof of the qualification requirement. ii)If they have record of poor performance such as abandoning the works, not properly

completing the contract, inordinate delays in completion or financial failure, etc. * Similar nature of work is defined as under based on Indian Motor Vehicle Rule 1989: 1. For Car, Jeep, Utility Van, etc (LMV) - Similar works will constitute hiring of Car/Jeep/Utility- van. 2. For school Bus/staff bus - Similar works will constitute hiring of Buses only. 3. For Truck & water tanker(06 Te -10 Te)- Similar nature works will constitute hiring of Trucks/tankers only. 4. For Mini Truck below 06 Tonnes - Similar nature works will constitute hiring of Mini Trucks. 5. Explosive van, Diesel Bowser, Fire tender, etc (hazardous cat. Vehs) - Similar nature works will constitute hiring of Explosive van, fire tender with valid licenses as per Explosive Act/Rule. 6. Ambulance, rescue van, safety van - Similar nature works will constitute hiring of Ambulances, rescue van, safety van.

e) However in case of Land ous-tees who are not employed in WCL and are interested in participating in Tender, these experiences are not required. Resolution of Board of Directors of Coal India Ltd/WCL is to be followed to avail the exemption in case of PAP/land losers.

8) Vehicle is required normally for 12 hours duty with one trained driver & conductor. The approximate time of engagement of the vehicle will be 6.00 AM on all working days required as per Management's requirement.

9) Bus will be required for transportation of school going children’s and deployed vehicle should meet all provision of LAW OF transportation of school going children’s.

10) Vehicle should be in good working condition and aesthetically sound with good upholstery. 11) PAYEMNT: Payment shall be made on monthly basis @ of 95% of billed value after

certification of bills depending upon No. of days and availability of vehicle. Balance 5% so accrued shall constitute part of security deposit (retention money). Retention money shall be released immediately after completion of the work and payment of final bill.

12) Repair/Maintenance/Insurance/ Taxes etc; will be on Vehicle Owner’s A/c. 13) EMD for tendered jobs to be paid separately by DD in favour of “WCL, Wardha Valley Area,

CHANDRAPUR” from Nationalized/ schedule bank. Offer without EMD shall be rejected. The DD towards EMD shall be submitted in Original in the office of tendering authority on or before the date & time of closing of tender.

14) a) Rate shall be quoted separately for Hire charges/day. (b) Cost of fuel shall be reimbursed as per actual run of the vehicle during the month duly certified and entered in the log book. Consumption of diesel shall be calculated at standard specific fuel consumption i.e. 04 KM / ltr on all road conditions.

15) No Diesel/Lubricant shall be issued from our Company. Quoted rate shall include hiring cost of vehicle, salary and wages of the drivers, all maintenance and operating cost and any other incidental expenditure for road worthy-ness of the vehicle. However, hiring charge shall exclude cost of diesel and service tax. Service Tax if applicable on hire charges and fuel cost shall be reimbursed at the prevalent appropriate rate as applicable against submission of


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documentary evidence of depositing the same by the contractor with appropriate service tax authority against a separate challan pertaining to this contract.

16) For reimbursement of diesel cost, the diesel cost applicable on the first day of billing month will be considered.

17) Period of contract: - Two years which can be extended for further period if required on the basis of satisfactory performance. ( Maximum 365 days per annum)

18) Toll tax / entry tax / border tax will be reimbursed on actual basis subject to the documentary evidence.

19) Rates will be quoted inclusive of all incidental charges to be paid to the Govt. Authorities, wages of driver, PF contribution and maintenance charges, lubricant etc. and any other incidental charges.

20) The rate of wages of different category of contractors workers as per minimum wages act as on date will be as under:

Sr. No.

Category of employee Zone-III (Rs. per day)

BP + VDA = Total

1 Highly skilled/ skilled 357.69+125.61 = 483.30

2 Semi-skilled 330.76+125.61 = 456.37

3 Un-skilled 311.53+125.61 = 437.14

21) Any statutory levies/taxes if required will be on account of bidder. 22) Separate Logbook as per WCL procedure to be maintained by the Driver with due entries,

signatures of user and KM run of vehicle to be calculated at the end of the each month. 23) The driver shall not be intoxicated condition when on duty. 24) Drivers should be literate, courteous, should have pleasing manners & having valid Driving

License and Competent to run and maintain vehicle and Log Book. Only trained manpower at WCL, VTC shall be engaged on the job.

25) Any accident to vehicle and compensations, damages will be at the cost and risk of the owner of the vehicle.

26) WCL, Chandrapur Area reserves the right to ask for additional vehicle from the bidder if required.

27) WCL also reserves right to reduce/increase the ceiling limit as per management requirement after competent approval.

28) If we receive a new vehicle from WCL HQ against the surveyed off, then contract may be terminated with one months notice.

29) If lowest bidder (L-1 tenderer) offers less number of vehicles than the total requirement then the next lowest bidder will be asked for acceptance of the rates quoted/offered by L-1 party. If next lowest bidder accepts the rate of L-1 tenderer then the vehicle of next lowest bidder will be hired at the same rate as quoted/offered by L-1 party.

30) Any litigation, whatsoever during transport contract shall be liability of transporter. 31)

a) In case hired vehicle goes under breakdown, it is to be replaced by another good condition equivalent vehicle. At the event of failure by the contractor to provide such replacement vehicle, penalty @ 25% of hiring charges per day (penal charges) shall be recovered from the bill of the contractor for each day of default /failure to provide substitute vehicle subject to a maximum of 10% of contract value. Department shall be at liberty to cancel the work order/ pre close the contract & can opt for going for new tender and fix up separate agency for the balance period at the risk & cost of the defaulting contractor. In case fails to provide replacement vehicle, vehicle will be hired from local market on the cost & risk of contractor on each day of default and extra cost incurred if any shall be recovered from contractors bill. b) At the event the contractor fails to provide an equivalent vehicle as substitute of the original schedule vehicle due to unavoidable circumstances, and provide an equivalent capacity vehicle but older than the NIT criteria with valid RTO permit etc in good running condition, due to exigency, Engagement of such vehicle may be temporarily allowed to operate till the resumption of services of schedule vehicle. Such permission shall be given at the sole discretion of the contract controlling authority (SAM / SAE / UNIT INCHARGE as the case may be).However, such engagement of vehicle shall be permitted for a maximum period of one month.

32) In case of poor performance of either vehicle or driver, order may be terminated immediately. 33) You have to start work immediately as per work order. In case of failure to start work within


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10 days from the date of issue of work order, order may be terminated immediately along with forfeiture of EMD.

34) Conditional offer shall not be considered. 35) Safety of the workers / drivers at work place shall be your primary responsibility. All the

provision of workmens compensation act, Govt. Minimum wage Act, EPF and any other statutory act/ laws as applicable shall be strictly followed.

36) Payment to the contractors worker shall be made by account payee cheque or directlty crediting to the bank accounts of the workers

37) In case any bidder quotes/offers for new vehicles, the bidder has to submit an undertaking to deploy the offered vehicle with all supporting documents within one month from the date of issue of LOI on non-judicial stamp paper of Rs.100/- value, duly signed by Notary along with the first part of the tender document.

38) The vehicle should be maintained by the Owner as trouble free and all the repairs minor/major should be borne by the Owner.

39) Company shall not be under any obligation to accept the lowest tender and also reserves the right to accept or reject any or all tenders without assigning any reason whatsoever.

40) Validity period of rates quoted is 120 days from the date of opening of Part II (BOQ/Price Bid or revised price bid) of the tender.

41) Tenderer shall strictly abide by NIT and also all the rules at present and in future of all applicable acts and rules such as State tax, Service tax, Wages Act, EPFO Rules, DGMS rules, Motor Vehicle Act, Central/State, together with its amendments time to time, etc which are relevant and applicable for hiring of vehicles.

42) SECURITY DEPOSIT:- The successful bidder will be required to deposit as security

money 5% of the value of the order. Security deposit shall be refunded on satisfactory completion of work after completion of work)

43) Earnest money deposit and security deposit will not accrue any interest whatsoever.

44) Techno commercial bid (Part-I) will comprise of a) Bid Security/Tender fee/Earnest Money Deposit, b) DD/Banker’s cheque in favour of “ WCL WARDHA VALLEY AREA” for EMD. c) Vehicle’s papers such as Registration book, Road Tax, fitness, permit, comprehensive Insurance with passenger risk covered etc. attested by self/Notary/empowered official. d) Service Tax Regn. Certificate for cab operator/Rent a Cab/ Tour operator, etc. e) Copy of Permanent Account Number card. f) Work completion certificate, work order copies & TDS as per NIT. g) Firm registration certificate, Firm registration details if any and power of attorney in case of partnership firm along with partnership deed / affidavit of proprietor ship. h) Copy of Driver's license & badge number (if applicable). i) Affidavit on Non judicial stamp paper of Rs.100/- as per format given in NIT. j) Copy of provident fund registration (if applicable). k) Latest bank solvency/ bankers certificate for financial soundness from any nationalized/ scheduled bank for 20% of the estimated cost. l) Annexure-I, II & III. Note: 1) All the above documents to be uploaded in pdf format only in OID( Other important documents) and in single pdf file. 2) The documents uploaded should be clear, legible & attested by Notary/ Empowered officer/self. 3) Original affidavit ( Annexure-II) should be submitted along with EMD. 4) Tenderer should sign each & every documents with seal before uploading.

45) In support of proven-ness criteria, following additional documents are to be uploaded apart from regular required as per NIT, by the bidders at the time of submission of tenders.

The bidder should upload the work orders/submit copies of work orders, certificate of actual works already executed (Including value, period & performance), along with uploading of following documents.

i) TDS ( Income tax department)

ii) Service tax paid challans for private work order ( Verifiable from service tax department)


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iii) Permit issued by RTO as per Central Motor Vehicle Act/ Rules for such vehicle deployed as per work order and work completion except in case of Ambulance, Rescue van, safety van.

While uploading the supporting documents as above, original should be uploaded in e-tenders wherever applicable.

Note: WCL reserves right to verify the experience documents and all related tender documents from the issuing authorities in writing together with the above 3 documents to ensure acute transparency in tender process ans ensure genuineness of documents by ant tenderer.

46) The intending tenderer will have to submit a declaration in support of the authenticity of the credential submitted by them along with the tender in the format provided in the bid document.

47) AMENDMENT OF BIDDING DOCUMENTS 8.1 Before the deadline for submission of Bids, the Employer may modify the bidding documents by issuing addenda / corrigendum. 8.2 Any addendum / corrigendum thus issued shall be part of the bidding documents and shall be communicated through websites. 8.3 To give prospective Bidders reasonable time in which to take an addendum into account in preparing their Bids, the Employer shall extend, as necessary, the deadline for submission of Bids,

48) Bidder must have to read the corrigendum, if any, related to this tender. So tenderers must go through WCL/CIL web site even on last date of availability of tender document.

49) DEADLINE FOR SUBMISSION OF BIDS 11.1 Bids shall be delivered to the Employer at the address specified above no later than 11.00 hrs of the date of receipt of tender and time. In the event of the specified date for the submission of bids being declared a holiday for the Employer, the Bids will be received up to the appointed time on the next working day. 11.2 The Employer may extend the deadline for submission of Bids by issuing an amendment in date & time for submission of tender, in which case all rights and obligations of the Employer and the Bidders previously subject to the original deadline will then be subject to the new deadline.

50) LATE BIDS:- Any Bid received by the Employer after the deadline prescribed in tender due to any reason whatsoever will not be accepted.

51) Banned or Delisted Vendors: - The bidder should give a declaration that they have not been Banned or Delisted by any Govt. or Quasi Govt. Agencies or PSUs. If a bidder has been banned /delisted by any Govt., Quasi Govt. Agencies or PSUs, this fact must be clearly stated. In case the bidder has been banned/de-listed and this fact is not declared, the bid will be rejected as non-responsive.

52) Non-Conditional offer: - The bidder should give a declaration that they have not mentioned any condition in Price bid (part-II). IN THE EVENT OF ANY CONDITION BEING FOUND IN PRICE BID (PART-II) or BID SUBMITTED IN ANY OTHER FORM EXCEPT THAT INDICATED IN THE TENDER DOCUMENTS, OFFER WILL STAND REJECTED.

53) Intending bidders are advised to inspect the site/route before quoting the rate. The Bidder, at the Bidder's own responsibility, cost and risk, is encouraged to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the Bid and entering into a contract for hiring of vehicle. The costs of visiting the Site shall be at the Bidder's own expense.

54) It shall be deemed that the tenderer has visited the site/area and got fully acquainted with the working conditions and other prevalent conditions and fluctuations thereto whether he actually visits the site/area or not and has taken all the factors into account while quoting his rates.

55) Rate quoted should be inclusive of all taxes, duties, etc; on the date of the tender excluding service tax only.

56) To confirm the condition as above. Vendor to confirm continuous availability of vehicle.


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57) Corrections where unavoidable, shall be made by crossing out and rewriting duly authenticated with full signature and date by bidder. Erasing or overwriting on the tender documents may disqualify the bidder.

58) Part II (BOQ/Price Bid) will be opened only in respect of such tenderers who are found qualified as per NIT criteria after scrutiny of Part I.

59) PROCESS TO BE CONFIDENTIAL 22.1 Information relating to the examination, clarification, evaluation and comparison of Bids and recommendations for the award of a contract shall not be disclosed to Bidders or any other persons not officially concerned with such process until the award to the successful Bidder has been announced. Any effort by a Bidder to influence the Employer's processing of Bids or award decisions may result in the rejection of his Bid

60) CLARIFICATION OF BIDS To assist in the examination, evaluation, and comparison of Bids, the Employer may, at the Employer's discretion, ask any Bidder for clarification of the Bidder's Bid, including additional documents/breakdowns of unit rates. The request for clarification and the response shall be in writing or by cable, telex, or facsimile.

61) EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS 23.1 Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid: (1) meets the eligibility criteria defined in tender document; (2) has been properly signed; (3) is accompanied by the required securities/EMD; and (4) is substantially responsive to the requirements of the Bidding documents. 23.2 A substantially responsive Bid is one which conforms to all the terms, conditions, and specifications of the Bidding documents without material deviation or reservation. A material deviation or reservation is one : (1)which affects in any substantial way the scope, quality, or performance of the works;(2) which limits in any substantial way, inconsistent with the Bidding documents, the Employer's rights or the Bidder's obligations under the Contract; orc. whose rectification would affect unfairly the competitive position of other Bidders presenting substantially responsive Bids. 23.3 If a Bid is not substantially responsive, it may be rejected by the Employer at its sole discretion.

62) CORRECTION OF ERRORS 24.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetical errors. Errors will be corrected by the Employer as follows: a. where there is a discrepancy between the amounts in figures and in words, the amounts in words will prevail; and b. where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will prevail. c. discrepancy in totaling or carry forward in the amount quoted by the contractor shall be corrected . The tendered sum so corrected and altered shall be substituted for the sum originally tendered and considered for acceptance instead of he original sum quoted by the tenderer along with other tender/tenders. Rounding off to the nearest rupee should be done in the final summary of the amount instead of in totals of various sections of the offer. 24.2 The amount stated in the Bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, shall be considered as binding upon the Bidder.

63) EMPLOYER'S RIGHT TO ACCEPT ANY BID, NEGOTIATE AND TO REJECT ANY OR ALL BIDS The Employer reserves the right to accept, negotiate or reject any Bid , and to cancel the bidding process and reject all Bids, at any time prior to the award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the grounds for the Employer's action.


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ANNEXURE-“B’

GENERAL TERMS & CONDITIONS: - Definition: 1. In the interpretation of the contract and the general and special conditions governing it, unless the context otherwise requires: - (i) “Contract” means the invitation to tender, instructions to tenders, acceptance of tender, particulars and the general and special conditions specified in the acceptance of tender and includes a repeat order which has been accepted and acted upon by the contractor. (ii) The term “Supplier” shall mean the person, firm or company to which the contract is awarded and shall be deemed to include the supplier in successors (approved by the purchaser),representatives, heirs, executors, administrators and permitted assignees as the case may be. (iii) “Contract Price” shall mean the sum accepted or the sum calculated in accordance with the price and/or terms accepted by or on behalf of the purchaser. (iv) The “Company” means the Western Coalfields Ltd, Chandrapur Area. (v) The term “Site” shall mean the place or places named in the “Work Order” such other place or places at which any work has to be carried out as may be approved by the purchaser. (vi) “Writing” shall include any manuscript, typewritten or printed statement under or over the signature or seal as the case may be. (vii) “Unit” and “Quantity” means the unit and quantity specified in the schedule. (viii) The prices quoted must be firm and the offers made must remain open for at least six months from the date of submitting quotations unless otherwise specified 2. Subletting and Assignment The supplier shall not save with the previous consent in writing of the purchaser, sub-let, transfer or assign the contract or any part thereof or interest therein or benefit or advantages thereof in any manner whatsoever. Provided nevertheless that any such consent shall not relieve the supplier from any obligation, duty or responsibility under the contract. 3. (a) Consequence of Breach : Should the supplier or a partner in the supplier firm commit breach of the conditions of NIT, it shall be lawful of the company to cancel the contract and authorize the hiring of vehicles at the risk and cost of the supplier from other party/parties. (b) The decision of Coal India Ltd. and/or it’s subsidiary companies as to any matter or thing concerning or arising out of the clause 3 (a) or any question whether the supplier or any partner of the supplier firm has committed breach of any of the conditions of NIT shall be final and binding on the supplier. 4. On acceptance of the tender, a formal acceptance of tender or work order will invariably be issued. Advance intimation in writing of acceptance of the tender will be given whenever considered necessary by the said authority. In case an advance intimation has been given, the formal acceptance of tender or Work Order shall follow in due course, but immediate action towards execution of work order shall be taken on receipt of the advance intimation. 5. Earnest Money/Security Money: (a) The value of Earnest Money to be deposited by the bidder shall be as indicated in NIT EMD should be in the form of Demand Draft/cash receipt and must accompany the offer i.e. Envelope-Part-I of the bid. For unsuccessful bidder EMD shall be refunded immediately after finalization of the tender EMD shall be forfeited if any of the bidders withdraw their offer before finalization of the tender. (b) The value of Security Money including EMD to be deposited by the successful bidder in the form of Bank Draft or recovery from running on account bill shall be 5% of the value of the awarded contract without having any ceiling. For successful bidder, EMD should be converted to Security Money. For unsatisfactory performance and/or contractual failure, the Security Money shall be forfeited 6. Laws Governing the Contract (a) This contract shall be governed by the Laws of India for the time being in force. (b) Irrespective of the place of deployment, the place of performance or place of payment under the contract, the contract shall be deemed to have been made at the place from which its acceptance or work order has been issued.


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(c) Jurisdiction of courts: The courts of the place from which the acceptance of tender has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect of the contract. 7. SPECIAL CONDITIONS: Vendor should ensure that the engagement of crew (Driver & Conductor) shall be as per provision of Motor vehicle act / RTO rules / Mines Act, etc. Vendor should ensure that Drivers & conductor of vehicles will not be engaged without Initial Medical Examination. Vendor should ensure enrollment the names of vehicle Driver in the Form B register with concerned Unit. Prior approval of controlling authority shall be taken before withdrawing for maintenance. The contractor shall ‘NOT’ pay less than the Govt. minimum wage to the driver prevalent on date deployed for the work. They shall also submit a certificate to be obtained from Area / Sub Area / Unit / Nodal Labour Officer / Personnel Manager/other officer designated stating that the workmen against the contract has been paid by the contractor as per prevalent Govt Minimum wage as declared by the State Authority. Payment to be contractors worker shall be made by account payee cheque and the documentary evidence for the same along with the bill / claim to be submitted & due to unavoidable circumstances the cheque payment is not feasible, payment sheet of cash payment is to be enclosed along with the bill with receipt of the payee. However, such practice should be discontinued as quick as possible and cheque payment to be resorted. Interested parties may submit online offer. Chandrapur Area reserves the right to accept Or reject any or all offer without any reasons whatsoever.

Staff Officer (E&M), Chandrapur Area

Encl : Annexure ’I’, Annexure ’II’ , Annexure “III” & Annexure “IV”.


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Annexure ’I’

FORMAT OF LETTER OF BID Letter Head Of Bidder (As Enrolled Online On E-Procurement Portal Of CIL

To, The Tender Committee, E&M Department, Chandrapur Area

Sub: Letter of Bid for “Hiring of Vehicle. Ref: NIT No: wcl-ch3150-enm-0026-2016-17

Dear Sir, This has reference to above referred bid, I/we have read and examined the conditions of contract, scope of work, technical specification, BOQ and other documents carefully. I/We am/are pleased to submit our bid for the above work, I/we hereby unconditionally accept the bid conditions and bid documents in its entirety for the above work and agree to abide by and fulfill all terms and conditions and specification as contained in the bid. I/We hereby confirm that this complies with the bid validity, Bid security and other documents as required by the bidding documents. If any information furnished by me/us online towards eligibility in this tender is found to be incorrect at any time, penal action as deemed fit may be taken against me/us for which I/We shall have no claim against CIL/subsidiary. Until a formal agreement is prepared and executed, this bid and your subsequent letter of Acceptance/work shall constitute a binding contract between us and WCL. We agreed to commence the work within 10 days of issue of letter of acceptance/work order. In case of our failure to abide by said provision, WCL shall without prejudice to any other right or remedy, be at liberty to cancel the letter of acceptance /award and to forfeit the EMD and also debar us from participating in future tender for a minimum period of 12 months. (This document is digitally signed by the DSC holder authorized by the bidder and therefore no physical signature is required.)

Yours faithfully,

Signature of Bidder: OR Authorized person of bidder: OR DSC Holder bidding online with authorization from bidder)

1. Name of the Signatory:

2. Status of Signatory: (Whether he is the Bidder himself OR authorized person of bidder OR DSC Holder bidding online with authorization from bidder) 3. Address: 4. e-mail Address: 5. Mobile Number: 6. FAX Number: 7.Telephone Number.


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Annexure ’II’

( To be typed on Tenderers Letter Head and scanned copy to be uploaded )

Particulars For Job Sr. No.01

EMD PAID DETAILS D.D. No./M.R. NO. & Date. Name of bank & branch details

1 (a)

VEHICLE REGN.NO.IN POSSESION as per NIT And Registered with firm/ proprietor /partners participating in tender for qualifying in the tender as on the date of opening of Part I or Affidavit as per NIT

1(b)

VEHICLE OFFERED MAKE / MODEL

2

DETAIL OF PERMIT( if applicable as on the date of tender opening ) WITH VALIDITY & Copy of Registration Certificate of RTO. ( Document to be

submitted in part I)

3

DATE OF REGN.( FIRST REGISTRATION)

4

VALIDITY OF TAX ( copy of tax receipt / document to be submitted) paid up to (

mention date)

5

VALIDITY OF INSURANCE COMPREHENSIVE up to ( Indicate date) ( document to be submitted)

6

MINIMUM ASSURED SPECIFIC FUEL CONSUMPTION

04 KM/LTR

7

PAN number

8

Service tax registration number

9

Name of the Bank & A/C number of the tenderer ( Document to be submitted)

10

City/Location & Branch

11

RTGS No. of the Bank ( to be taken from concerned bank)

12

Type of A/c- (Current/Saving/Cash Credit) ( Photo copy of cheque to be enclosed)

13

List of Documents Enclosures ( Uploaded in OID)

ALL TERMS & CONDITIONS OF TENDER DOCUMENTS AGREED.

DATE: SIGNATURE OF CONTRACTOR/VENDOR & SEAL


Page 18

Annexure ’III”

( To be typed on stamp paper Rs.100/- and scanned copy to be uploaded. The original to be submitted in the Office of tender inviting Authority along with EMD before closing date & time for submission)

The format of undertaking (only applicable to those who have offered new vehicle) is as under: “UNDERTAKING” This deed of undertaking executed on this ……..Day of………2016 and by (Name of bidder)……………….S/o………….. residing at ………………duly executed as an undertaking in favor of Western Coalfields Limited, unit…….Area……..hereafter called WCL which terms shall mean and include its successors, administrators, heirs and assigns. Whereas M/s Western Coalfields Limited,………invited bids for hiring of the vehicle, I/we participated in the bidding process and emerged as successful bidder with respect of Tender Notice

No…(WCL-ch3150-enm-0026-2016-17) ……………………dtd…….. I/we acknowledge that I/we

……………….have fully understood and are aware of the terms & conditions of the tender notice and do hereby unequivocally and unconditionally undertake and declare that:- 1) I/we…………….. shall comply with terms & conditions of NIT to deploy the offered vehicles along with

all essential certificates/documents of the offered vehicle within one month from the date of issue of

LOI.

2) In the event I/we fail to deploy/provide the offered vehicles within the time specified above, we undertake to compensate the loss & damage, if any to WCL & further WCL shall be at liberty to take appropriate action as per NIT and rules prevailing in WCL.

3) I/we are having the ownership of minimum 50% of tendered category of vehicles registered within 3

years from the date of NIT, subject to minimum of one in case of single job wise tenders. The valid papers of the tendered category of said vehicles are attached herewith which are true and correct.

In witness whereof this undertaking caused on the……day…..month of …….year. Date: Place: Signature Name of bidder……………………


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Annexure “IV”

(To be typed on stamp paper Rs.100/- and scanned copy to be uploaded. The original to be submitted in the Office of tender inviting Authority along with Fee & EMD before closing date & time for submission)

AFFIDAVIT

(On Non-Judicial stamp paper of `100/-)

I/We..........................................................................................................Resident of

.........................................................................................................................................................................

............................................................................... do hereby solemnly affirm and declare as under:

1. THAT I/We have not been black listed/delisted so far by any Company.

2. THAT the subject vehicle is not involved in any litigation other than the routine cases of road accident or any violation of Motor Vehicle Act.

3. THAT, I/We own ful l responsibi l i ty for the above vehicle & its Crew for any acts or omission etc.

4. THAT ALL INFORMATION FURNISHED BY US IN RESPECT OF FULFILLMENT OF ELIGIBILITY CRITERIA

AND QUALIFICATION INFORMATION OF THIS TENDER NOTICE (wcl-ch3150-enm-0026-2016-17) NO. WCL/CGM/CHA/E&M/ DTD. IS COMPLETE, CORRECT AND TRUE.

5. THAT ALL DOCUMENTS/CREDENTIALS SUBMITTED ALONG WITH THIS TENDER ARE GENUINE, AUTHENTIC, TRUE AND VALID.

6. THAT IF ANY INFORMATION AND DOCUMENT SUBMITTED IS FOUND TO BE FALSE/INCORRECT AT ANY TIME, DEPARTMENT MAY CANCEL MY TENDER AND ACTION AS DEEMED FIT MAY BE TAKEN AGAINST US, INCLUDING TERMINATION OF THE CONTRACT, FORFEITURE OF ALL DUES INCLUDING EARNEST

MONEY AND BANNING/DELISTING OF OUR FIRM AND ALL PARTNERS OF THE FIRM ETC.

7. THAT I/WE HAVE NOT MENTIONED ANY CONDITION IN THE PRICE BID/PART-II. IN THE EVENT OF ANY CONDITION BEING FOUND IN PRICE BID (PART-II), MY/OUR OFFER WILL STAND CANCELLED AND ALL

MY CLAIM FOR HIRING OF VEHICLE WILL STAND FORFEITED.

8. NONE OF THE PARTNERS OF OUR FIRM / PROPRIETOR OF FIRM IS AN EMPLOYEE /RELATIVE OF

EMPLOYEE OF “WESTERN COALFIELDS LIMITED,........………………(NAME OF THE COMPANY).

9. The tender document being submitted was downloaded from the website of WCL and that no additions/alterations are done in the downloaded document. If any such alterations are observed the tender

may be rejected without any reference to the bidders. ( If down loaded from Website )

10. All the terms & conditions of NIT/WCL/CIL accepted.

DEPONENT

VERIFICATION

Verified that the contents of the above affidavit are true and correct to the best of my knowledge and belief.

No part of it is false and nothing has been concealed therein.

DEPONENT

Verified at ..............................on dtd............................

Signature & seal of NOTARY.


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FORMAT FOR HIRING CONTRACT AGREEMENT (On Non-judic ia l Stamp paper) Articles of agreement make this ..............day of................ between the Western Coalfields Limited, Chandarpur Area of the one part (hereinafter referred to the authority which expression where the context so admits shall include its successors in interest and assign) And M/s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o f the other part (hereinafter referred to as the contractor which expression where the context so admits shall include its heirs,

administrators, legal representatives successors in business and assign). Whereas the authority invited tenders for the work of Hiring of ............................................................................../equivalent vehicle on ..............Hrs. basis. And whereas contractor submitted tender(quotation) against Tender Notice No. WCL/GM/CHA/E&M/..................DTD. ................, and deposit Rs................ as earnest money.

And whereas the tender of the contractor has been accepted by the Authority and issued order for engagement of vehicle on hired basis vide Work Order No. WCL/GM/CHA/ E&M/ ....................dtd......................... The contractor has agreed to retention by the authority the security of Rs........................ ( i.e.5% of Hiring charge) Rs......................... amount of each running account bill to make it 5% of the contract value, shall be as security for the due fulfillment of the satisfaction of Authority by way of DD on Nationalized / schedule bank in favor of WCL / recovery from monthly bills proportionately. And whereas the contractor has agreed to execute upon the subject to the conditions set forth in the contract

documents which is part of the agreement and such other conditions as contained in & comply with the proportionate rate of progress noted at the end of this agreement for the sum of Rs. ......................... Total work value including fuel cost & service tax such other sum as may be arrived at under the clause of the specification relating to payments by items measurements at unit prices. Now this agreement witness and it is hereby agreed as follows:- 1 . In this agreement words and expressions shal l have the same meanings as

respect ively assigned to them in the Bid document, General and Spec ial term & condit ions of the contract. 2. The following documents shal l constitute the Contract between the Employer (WCL, Chandrapur Area) and the Contractor. And each shal l be read and construed as an integral part of the Contract. 01. Bid/Tender Not ice/Tender document. 02. Letter of Award/work order.

03. The Bid and Pr ice Schedules submitted by the Contractor. 04. General Terms & condit ion of Contract. 05. Financial terms and condit ions. 06. Bil l ing Schedule. 07. AFFIDAVIT on Non-Judic ia l stamp paper as per pro-forma g iven. 08. Any other Documents as may be necessary.

3. In consideration for the payment of said sum Rs..................................(Total award value) or such other sum as may be arrived at under the clause of the specification relating to payments by items measurement at unit price, the contractor shall upon and subject to the said terms and conditions executed and completes the work shown upon with such variation by way of alteration of addition to or deduction from the said make method payment thereof as provided for in the said conditions. 4. Time shall be cons idered as one essence of the contract and the t ime for the complet ion of the contract shall be computed from 10th days after the issue of the letter of acceptance of the tender to which term

and contract shall be completed within ................................. from the date of commencement i .e. . . . . . . . . . . . . . . . . . . to . . . . . . . . . . . . . . . . . . . . 5. The parties here to shall respectively abide by and submit themselves to the terms and conditions and stimulation contained in this agreement and perform the discharge their part of the contract accordingly.

In witness where of the contractor here into set hand and on behalf of the Western Coalfields Limited, the Staff

Officer (E&M), Chandrapur Area has here into set his hands the date and year first above written. Signed by the contractor Address of contractor:-

In the presence of witness Address:- Signed on behalf of the authority Designation:- NOTE : Tenderer should execute an agreement on non-judicial stamp paper worth Rs.100/- as per above format for hiring contract agreement immediately after receipt of work order if fails to comply the same no payment shall be made without contract agreement.


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ANNEXURE-“C”

CONDITIONS OF CONTRACT

GENERAL TERMS AND CONDITIONS

1. DEFINITIONS :

1.1 The word "Company'" or "Employer" or "Owner" wherever occurs in the

condit ions, means the Western Coalf ie lds Limited, represented at the

headquarters of the Company by the CGM,CHA or h is authorized representat ive or

any other o ff icer specially deputed for the purpose.

1.2 The word "Principal Employer" wherever occurs, means the authorized

representat ive or any other off icer specia l ly deputed by the Company for the

purpose.

1.3 The word "contractor"/"contractors" wherever occurs means the successful

Bidder/Bidders who has/have deposited the necessary Earnest Money and

has/have been given written int imation about the acceptance of tender and shall

include lega l representat ive of such individual or persons composing a f irm or a

company or the successors and permitted assignees of such indiv idual, f irm or

company, as the case may be.

1.4 "The Site" shal l mean the s ite of the contract work including land and any

bui ld ing and erect ions thereon and any other land al lotted by the company for

contractor 's use.

1.5 Accepting authority ' shall mean the management of the company and includes

an authorized representat ive of the company or any other person or body of

persons empowered in this behalf by the company.

1.6 A 'Day 'shal l mean a day of 24 hours from midnight to midnight.

1.7 Engineer- in-charge/Designated Of f icer- in-charge who is o f an appropriate

senior ity wi ll be responsib le for supervis ing and administer ing the contract,

cert ify ing payment due to the contractor , va luing var iat ions to the contract,

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

charge/Designated Off icer- in-charge may further appoint h is representat ives i .e.

another person/ Project Manager or any other competent person and noti fy to the

contractor who is d irect ly responsib le for supervis ing the work being executed at

the s ite, on his behalf under the Delegation of Powers of the company. However,

overa l l responsibi l i ty, as far as the contract is concerned will be that o f the

Engineer- in-charge/Designated Off icer- in-charge.

1.8 The 'contract' shal l mean the notice invit ing tender, the tender as accepted by

the company and the formal agreement executed between the company and the

contractor together with the documents re ferred to there in including general terms

and condit ions, special condit ions, i f any, schedule of quantit ies with rates and

amounts, Schedule of work.

1.9 The 'works' shal l mean the works required to be executed in accordance with

the contract or parts thereof as the case may be and shal l include al l extra or

addit ional or any work of emergent nature, which in the opin ion of the Engineer-

in-charge, become necessary during the progress of the works to obviate any r isk

or accident or fa ilure or become necessary for security .


Page 22

1.10 'Schedule of Rates' referred to in these condit ions shal l mean the standard

schedule of rates prescribed by the company and the amendments issued from t ime

to t ime.

1.11 'Contract pr ice ' shall mean

(a) in the case of lump sum contracts the tota l sum for which tender is accepted by the

company.

(b) in the case of other types of contracts the tota l sum arr ived at based on the indiv idual

rates quoted by the b idders for the var ious i tems shown in the 'Bi l l of quantit ies ' of the

tender documents as accepted by the company with or without any alterat ion as the case

may be.

1.12 'Written notice ' shal l mean a notice or communication in writ ing and shal l be

deemed to have been duly served i f de livered in person to the indiv idual or to a

member of the f irm or to an off ice of the Corporation/Company for whom it is intended,

or i f del ivered at or sent by reg istered mail to the last business address known to him

who g ives the notice.

2. CONTRACT DOCUMENTS:

The fo l lowing documents shal l constitute the contract documents:

( i ) Articles of Agreement,

( i i ) Notice Invit ing Tender & tender document,

( i i i ) Letter of Acceptance of Tender indicat ing deviat ions, i f any, from the conditions of

contract incorporated in the Bid/Tender document issued to the bidder,

( iv ) Conditions of contract, including genera l terms and condit ions, addit ional terms

and condit ions, special condit ions, i f any etc . forming part of the Agreement,

( v ) Scope of works/Bills o f quantit ies and

( v i ) AFFIDAVIT on Non-Judic ial stamp paper as per proforma g iven.

( v i i ) F inal ized work programme.

( v i i i ) Any other Documents as may be necessary.

2.1 After acceptance of tender and on execution of contract/issue of work order to

proceed with the work, as the case may be, the contractor shal l be furnished, free o f

charge, two copies of contract documents. (cert if ied true copies ), excepting those

drawings to be suppl ied during the progress of work. The contractor shal l keep copy of

these documents on the site/place of work in proper manner so that these are ava i lable

for inspection at a ll reasonable t imes by the Engineer- in-charge, his representat ives or

any other o ff ic ials authorized by the company for the purpose.

2.2 None of these documents shal l be used by the contractor for any purpose other than

this contract and the contractor shall ensure that a l l persons employed for th is contract

str ict ly adhere to this and mainta in secrecy, as required of such documents.

3. DISCREPANCIES AND ADJUSTMENTS THEREOF: The documents forming part of the

contract are to be treated as mutual ly explanatory of one another.

3.1 In the event o f varying or confl ict ing provis ions made in any of the

document/documents forming part of the contract, the 'Accepting Authority 's

decis ion/clar i f icat ion shal l hold good with regard to the intention of the document or

contract, as the case may be.

3.2 Any error in descr iption, quantity or rate in schedule or quantit ies or any

omission therefrom, shal l not v i t iate the contract or re lease the contractor from


Page 23

discharg ing his obl igat ions under the contract including execution of work according

to the specif ications forming part of the part icular contract document.

3.3 Any di f ference detected in the tender/tenders submitted, result ing from :

a. discrepancy between descr ipt ion in words and f igures the rate which corresponds to

the words quoted by the contractor shal l be taken as correct.

b. discrepancy in the amount quoted by the contractor due to calculat ion mistake of the

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

c. d iscrepancy in total ing or carry forwards in the amount quoted by the contractor shal l

be corrected.

d. The tendered sum so corrected and a ltered shal l be substituted for the sum orig inally

tendered and considered for acceptance instead of the orig inal sum quoted by the bidders

along with other tender/tenders. Rounding off to the nearest rupee should be done in the

f ina l summary of the amount instead of in totals of var ious sections of schedule of

quantit ies.

4. SECURITY DEPOSIT :

The value of Security Money to be deposited by the successful bidders in the form of

Bank Draft shal l be 5% of the value of the awarded contract without having any ce i l ing

OR which shal l be recovered from the running account b i l ls @ 5% ti l l the amount thus

recovers the amount of security deposit . Security deposit shall be refunded on

sat isfactory complet ion of work and security deposit wi l l not accrue any interest

whatsoever . Security Money wi ll be re funded to the f irm within 30 days of satisfactory

execution of the contract. For unsatis factory performance and/or contractual fai lure, the

Security Money shal l be forfe i ted.

5. DEVIATIONS/VARIATIONS IN QUANTITIES :

Extent and Pric ing: The quantit ies given in the 'Schedule of Quantit ies ' are

provis ional and are meant to indicate the extent of the work and to provide a uniform

basis for tender ing and any variat ion e ither by addition or omission shal l not vi t ia te the

contract.

A) The company through its Engineer- in-charge or his representat ive shall , without

radica l ly changing the orig inal scope and nature of the contracted work, have

power to make any alterat ions in or additions to or substitut ion of the or ig inal and

instructions that may appear to be necessary or advisable during the progress

of the work. The contractor shall be bound to carry out the works in accordance with the

instructions g iven to him in writ ing by Engineer- in-charge or his representat ive on

behalf of the company. Such altered or addit ional work, which shall form part of the

orig inal contract, shal l be carr ied out by the contractor on the same conditions in a l l

respects on which they agree to do the main works and at the same rate/rates as are

specif ied in the contract.

I f the addit ional or altered work includes any class of work for which no rate/rates

is/are speci f ied in the contract, rates for such items shal l be determined by the

Engineer- in-charge as fol lows:

a. the rate shal l be derived from the rate/rates for s imilar or near similar c lass of work

as is/are specif ied in the contract/tender, fa i l ing which

b. the rates shal l be der ived from the company's prescr ibed schedule of rates based on

which the est imate for tender ing has been prepared plus or minus the percentage by


Page 24

which the tendered amount for the whole work quoted by the contractor is above or below

the est imated amount as per the tender documents, fa i l ing which

c. the rate shal l be derived from contractor 's rate c laimed for such c lass of work

supported by analysis of the rate/rates cla imed by the contractor. The rate to be

determined by the Engineer- in-charge as may be considered reasonable taking into

account percentage of prof i t and overhead not exceeding ten percent or on the basis of

market rates, i f any, preva il ing at the t ime when work was done.

In the case of composite tenders, where two or more schedule of quantit ies for

similar i tem descr ipt ion may form part o f the contract, the appl icable rate shall be taken

from the schedule of quantities o f that part icular part in which the deviat ion is involved,

fai l ing that at the lowest appl icable rate for the similar i tem of work in the other

schedule of quantit ies .

However, the Engineer-in-charge shal l be at l iberty to cancel the instruction by

notice in writ ing and to arrange to carry out the work in such manner as he /she

considers advisable under the c ircumstances. The contractor shal l under no

circumstances suspend the work on the p lea of non-sett lement of rates.

5.3 The time for complet ion of the or iginal ly contracted work shal l be extended by the

company in the proportion that the addit ional work ( in va lue) bears to the or ig inal

contracted work ( in va lue) as may be assessed and cert if ied by the Engineer- in-charge.

5.4 The company through its Engineer- in-charge or his representat ive, on behalf o f the

company, shal l have power to omit any part o f the work for any reason and the

contractor shal l be bound to carry out the work in accordance with the instruction g iven

by the Engineer- in-charge. No c la im for extra charges/damages shal l be made by the

contractor on these grounds.

6. TIME FOR COMPLETION OF CONTRACT - EXTENSION THEREOF, DEFAULTS &

COMPENSATION FOR DELAY:

Immediately af ter the contract is concluded the Engineer- in-charge and the

contractor shall agree upon t ime and progress chart prepared on the basis o f a

transportat ion schedule to be submitted by the contractor showing the order in which the

work is proposed to be carr ied out with in the t ime specif ied in the contract documents.

For the purpose of this t ime and progress chart, the work shall be deemed to have

commenced on the expiry of 10 ( ten) days from the issue of letter o f acceptance/work

order or handing over the site o f work which ever is la ter .

6.1 I f the contractor, without reasonable cause of val id reason, commits default in

commencing the execution of the work within the a foresa id date, the company shal l,

without pre judice to any other r ight or remedy, be at l iberty , by giving 15 days notice in

writ ing to the contractor to commence the work, fa i l ing which to forfei t the Earnest

Money deposited by h im.

6.2 When the per iod f ixed for the complet ion of the contract is about to expire, the

question of extension of the contract may be considered at the instance of the Contractor


Page 25

or the Company or the both. The extension wi l l have to be by party 's agreement,

expressed or implied.

In case the Contractor does not apply for grant o f extension of t ime with in 15

(f i f teen) days and the Company wants to continue with the work beyond the st ipulated

date of complet ion , the Engineer- in-charge at h is sole d iscret ion can grant provis ional

extension of t ime even in the absence of appl ication from the Contractor. Such extension

of time granted by the Engineer-in-charge is val id provided the Contractor accepts the

same e ither expressly or implied by h is act ions before and subsequent to the date of

complet ion.

6.3 (a ) The successful b idder/ contractor wi ll advise, in the event o f his having resort

to this clause by a registered letter duly cert if ied by the loca l chamber of commerce or

statutory authorit ies , the beg inning and end of the c lause of delay, with in f i f teen days of

the occurrence and cessation of such Force Majeure condit ion . In the event of delay

last ing over one month, i f ar is ing out o f Force Majeure, the contract may be terminated at

the d iscret ion of the company.

(b) For delays ar is ing out o f Force Majeure, the bidder/ contractor wi l l not c laim

extension in complet ion date for a per iod exceeding the per iod of delay attr ibutable to the

causes of Force Majeure and neither company nor the bidder shal l be l iab le to pay extra

costs ( l ike increase in rates, remobil isation advance, id le charges for labour and

machinery etc. ) Provided i t is mutual ly established that the Force Majeure condit ions d id

actual ly exist.

(c ) I f any of the Force Majeure conditions exists in the p lace of operat ion of the

bidder/ contractor even at the t ime of submission of bid he wil l categor ica lly specify them

in h is b id and state whether they have been taken into considerat ion in their quotat ions.

7. QUALITY ASSURANCE :

The contractor shal l carry out and complete the work in every respect in accordance

with the contract and shal l ensure that the work conforms str ict ly to the instructions of

the Engineer- in-charge. The Engineer- in-charge may issue from t ime to time further

deta il instructions/directions in writ ing to the contractor. Al l such

instructions/direct ions shal l be consistent with the contract documents and should be

reasonably inferable therefrom, along with clari f ications/explanations thereof, i f

necessary.

8. TERMINATION, SUSPENSION, CANCELLATION & FORECLOSURE OF CONTRACT

The company shal l, in addit ion to other remedial steps to be taken as provided in the

condit ions of contract, be entit led to cancel the contract in ful l or in part , i f the

contractor

a) makes default in proceeding with the works with due d i l igence and continues to do so

even af ter a notice in writ ing from the Engineer- in-charge, then on the expiry of the

period as specif ied in the notice

Or

b) commits default/breach in complying with any of the terms and conditions of the

contract and does not remedy i t or fa i ls to take e ffect ive steps for the remedy to the

sat isfaction of the Engineer- in-charge, then on the expiry o f the per iod as may be

specif ied by the Engineer- in-charge in a notice in writ ing

Or


Page 26

c) fai ls to complete the work or i tems of work with indiv idual dates of complet ion, on

or before the date/dates of complet ion or as extended by the company, then on the expiry

of the per iod as may be speci f ied by the Engineer- in-charge in a notice in writ ing

Or

d) shal l o f fer or g ive or agree to give any person in the serv ice of the company or to any

other person on his behalf any gi ft or considerat ion of any kind as an inducement or

reward for act/acts of favour in relat ion to the obta ining or execution of th is or any other

contract for the company

Or

e) obtains a contract with the company as a result of r ing tender ing or other non-bonaf ide

method of competitive tendering

Or

f ) transfers, sublets , assigns the entire work or any portion there of without the prior

approval in writing from the Engineer- in-charge. The Engineer-in-charge may be giving a

written notice, cancel the whole contract or port ion of i t in default .

8.1 The contract shal l stand terminated under the fo l lowing c ircumstances:

a. I f the contractor being an indiv idual in the case of proprietary concern or in the case

of a partnership f irm any of i ts partners is declared insolvent under the provisions of

insolvency act for the t ime being in force, or makes any conveyance or assignment of h is

ef fects or composit ion or arrangement for the benef i t o f his creditors amounting to

proceedings for l iquidation or composit ion under any insolvency act

b. In the case of the contractor being a company, i ts af fairs are under l iquidation e ither

by a resolution passed by the company or by an order of court, not being a voluntary

l iquidation proceedings for the purpose of amalgamation or reorganization, or a receiver

or manager is appointed by the court on the appl ication by the debenture holders of the

company, i f any.

c. I f the contractor shal l suffer an execution being lev ied on his/their goods, estates

and allow it to be continued for a period of 21 days.

d. On the death of the contractor being a proprietary concern or of any of the partners

in the case of a partnership concern and the company is not satisf ied that the legal

representat ive o f the deceased proprietor or the other surviving partners of the

partnership concern are capable of carry ing out and complet ing the contract. The

decis ion of the company in th is respect shal l be f ina l and binding which is to be

int imated in writ ing to lega l representative or to the partnership concern.

8.2 On cancel lat ion of the contract or on termination of the contractor, the Engineer- in-

charge shal l have powers: a. to carry out the incomplete work by any means at the r isk

of the contractor

b. to determine the amount to be recovered from the contractor for complet ing the

remaining work or in the event the remaining work is not to be completed the

loss/damage suffered, i f any, by the company after g iv ing credit for the va lue of the work

executed by the contractor up to the t ime of cancel lat ion less on a/c payments made t i l l

date and value of contractor 's mater ials, p lant, equipment, etc., taken possession of af ter

cancellat ion.

c. to recover the amount determined as above, i f any, from any moneys due to the

contractor or any account or under any other contract and in the event of any shortfa ll ,

the contractor shal l be cal led upon to pay the same on demand.


Page 27

The need for determination of the amount of recovery of any extra cost/expenditure or o f

any loss/damage suf fered by the company shall not however arise in the case of

termination of the contract for death/demise of the contractor as stated in 9.1 (d ).

8.3 Suspension of work - The company shal l have power to suspend the progress of the

work any part thereof and the Engineer- in-charge may direct the contractor in writ ing to

suspend the work, for such per iod and in such manner as may be specif ied there in, on

account of any default on the part o f the contractor, or for proper execution of the work

for reasons other than any default on the part o f the contractor, or on ground of safety of

the work or part thereof. In the event of suspension for reason other than any default on

the part of the contractor,

extension of t ime shall be a l lowed by the company equal to the period of such

suspension. The work shal l, throughout the stipulated per iod of contract, be carried out

with a l l due d il igence on the part o f the contractor . In the event of termination or

suspension of the contract, on account of default on the part of the contractor, as

narrated hereinbefore, the security deposit and other dues of th is work or any other work

done under this company shal l be for fe i ted and brought under the absolute d isposal of

the company provided, that the amount so forfe i ted shal l not exceed 10% of the contract

value.

8.4 Foreclosure of contract in ful l or in part - I f a t any t ime af ter acceptance of the

tender, the company decides to abandon or reduce the scope of the work for any reason

whatsoever the company, through its Engineer- in-charge, shal l g ive notice in writ ing to

that ef fect to the contractor. In the event of abandonment/reduction in the scope of work,

the company shall be l iable to pay the contractor at the contract rates ful l amount for the

works executed and measured at s i te up to the date of such abandonment/reduction in

the work.

The contractor shal l, i f required by the Engineer- in-charge, furnish to him books of

accounts, papers, re levant documents as may be necessary to enable the Engineer- in-

charge to assess the amount payable. The contractor shall not have any cla im for

compensation whatsoever e ither for abandonment or for reduction in the scope of work,

other than those as speci f ied above.

9. COMPLETION CERTIFICATE/ DEFECT LIABILITY CERTIFICATE :

9.1 On complet ion of the work and notify ing the same by the contractor to the Engineer-

in-Charge, Complet ion Cert i f icate shal l be issued by the Engineer-in-charge only in the

event the work is completed satisfactor ily in every respect. Payment of f inal bi l l shall be

made on completion of the contract and refund of security deposit shal l, however, be

made as per re levant c lause of the contract.

10. RESPONSIBILITIES OF THE CONTRACTOR

1. The company reserve the r ight to let other contractors in connection with the

project and the contractor/contractors shall co-operate in the works for the

introduction and stores and mater ials and execution of h is/their works.

2. The contractor/contractors shall employ only competent, sk il ful and orderly men

to do the work. The Engineer- in-charge shal l have the right to ask the

contractor/contractors to remove from the work site any men of the


Page 28

contractor/contractors who in h is opinion is undesirable and the

contractor/contractors wi l l have to remove h im within three hours of such orders.

3. Precautions shal l be exerc ised at a l l t imes for the protect ion of persons ( including

employees) and property. The safety required or recommendation by all appl icable

laws, codes, statutes and regulat ions wi l l be observed. In case of accidents,

he/they shal l be responsib le for compliance with a l l the requirements imposed by

the Workmen's Compensation Act or any other s imilar laws in force, and shal l

indemnify the company against any c la im on th is account.

4. The contractor/contractors shal l a t a l l t imes exerc ise reasonable precautions for

the safety o f employees in the performance of his/their contract and shall comply

with al l appl icable provis ions of the safety laws drawn up by the State or Central

Government or Munic ipal i t ies and other authorit ies in India . The

contractor/contractors shal l comply with the provis ion of the safety hand book as

approved and amended from time to t ime by the Government of India.

5. The contractor/contractors shal l famil iar ize themselves with and be governed by

all laws and rules of India and Local statutes and orders and regulat ions

applicable to h is/their work.

6. Building for the sanitary necessities of al l persons employed on the work shal l be

constructed and maintained in the number, manner and place approved or ordered

by the Engineer- in-charge. The contractor shall vigorously prohibit committ ing of

nuisance at any other place. Cost of a ll works under these i tems shal l be covered

by the contractor 's/contractors' tendered rates.

7. The contractor/contractors shal l furnish to the Engineer- in-charge or h is

authorized representat ive with work reports from t ime to time regarding the

contractor/contractors organizat ion and the progress made by h im/them in the

execution of the work as per the contract agreement.

8. All duties, taxes, and other lev ies payable by the Contractor under the Contract, or

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

included in the rates, prices and the tota l Bid Price submitted by the Bidder. Al l

incidentals, overheads, etc. as may be attendant upon execution and complet ion of

works shal l also be included in the rates, prices and tota l Bid Pr ice submitted by

the b idder.

9. However, payment of serv ice tax shal l be re imbursed by the company on production

of documentary ev idence in support of payment actually made to the concerned

authorit ies.

10. The company reserves the r ight to deduct/ withhold any amount towards taxes,

lev ies, etc. and to deal with such amount in terms of the provis ions of the Statute

or in terms of the direct ion of any statutory authority and the company shall only

provide with cert if icate towards such deduction and shal l not be responsib le for

any reason whatsoever .

11. The contractor/contractors shal l make his/their own arrangement for al l

mater ia ls, tools, staff and labours required for the contract, which shall include

cost of recruit ing expenses and any other charges for the completion of the work to

the entire sat is faction of the company.


Page 29

12. The work shal l not be sublet to any other party, unless approved by Engineer- in-

charge, in writ ing.

13. The contractor/contractors shall not pay less than the minimum wages to the

labourers engaged by him/them as per Minimum Wages Act or such other

leg is lation or award or the minimum wages f ixed by the respect ive State

Government as may be in force. The Contractor/ Contractors shal l make necessary

payment of the Provident Fund for the workmen employed by him for the work as

per the laws prevai l ing under provisions of CMPF and Al l ied Schemes and

Miscel laneous Provisions Act 1948 or Employees Provident Fund and Miscellaneous

Provis ions Act 1952 as the case may be.

14. Al l accounts shal l be mainta ined in Engl ish and the company shal l have the right

of access and inspect ion of al l such books of accounts etc. re lating to payment of

labourer considered necessary and the company may arrange for witnessing the

payment to the labourer by i ts representatives.

15. Insurance - The contractor shal l take ful l responsib il i ty to take a l l precautions to

prevent loss or damage to the works or part thereof for any reasons whatsoever

(except for reasons which are beyond control of the contractor or act o f God, e.g .

f lood, r iots, war, earthquake, etc. ) and shal l a t h is own cost repair and make good

the loss/damage to the work so that on complet ion, the work shal l be in good order

and condition and in conformity with the requirements of the contract and

instructions of the Engineer- in-charge, i f any :

a. The contractor shal l at al l t imes during the pendency of the contract indemnify

the company against all c la ims, damages or compensation under the provis ions of the

Workmen's Compensation Act and shall take insurance pol icy covering al l r isk, cla ims,

damages or compensation payable under the Workmen's Compensation Act or under any

other law re lat ing thereto.

b. The contractor shal l ensure that the insurance pol icy/polic ies are kept a l ive t i l l

ful l expiry of the contract by t imely payment of premiums and shall not be cancel led

without the approval of the company and a provis ion is made to th is ef fect in al l the

pol ic ies, and similar insurance pol ic ies are also taken by his sub-contractors if any. The

cost of premiums shal l be borne by the contractor and it shal l be deemed to have been

included in the tendered rate.

c. In the event of contractor 's fa ilure to e f fect or to keep in force the insurance

referred to above or any other insurance which the contractor is required to ef fect under

the terms of the contract, the company may effect and keep in force any such insurance

and pay such premium/premiums as may be necessary for that purpose from t ime to time

and recover the amount thus paid from any moneys due by the contractor.

16. Additional RESPONSIBILITY AND SPECIAL TERMS & CONDITIONS : -

i . The contractor shal l not place any vehic le in operat ion under th is contract unless

and unti l the same has val id f i tness certi f icate , va lid taxi permit, comprehensive

insurance ,Road tax payment & seating capacity as per NIT. .

i i . The contractor shal l mainta in the vehic le in a condit ions so that i t is road worthy.

i i i . A system as la id down by the Col l iery Manager/SAM for checking the vehic le by the

Engineer or the person authorized has to be complied with the contractor without

fai l .


Page 30

iv. The contractor shal l not engage a dr iver on the vehic le unless and unti l he has a

val id Driv ing License.

v. The contractor shall not engage any worker or Driver of the vehic le otherwise than

in accordance with the provis ions of Mines Act.

vi. The contractor wil l ensure that the driver is conversant with the Traff ic Rules of

M.V.Act and has va l id driv ing l icense.

vi i . The contractor shall ensure that the Driver engaged by him does not dr ive the

vehic le at a speed more than the l imit as prescr ibed by the Manager/ Agent at

dif ferent part of the col l iery premises.

vi i i . The contractor shal l provide competent supervisor for the work being

executed by h im.

ix. The contractor shal l be responsib le for maintenance to attendance for persons

engaged by him in di f ferent shi fts in appropriate reg ister and the same shal l be

produced for inspect ion as and when demanded by Management/Agent.

x. The contractor shal l arrange issue of photo identity cards duly signed by him to

each of this worker.

xi. The contractor shall submit to the Management a l ist of competent workers whom

he seeks to be employed or he has a lready employed. Any change of such

competent workers shall be int imated to the control l ing of f icer in writ ing.

xi i . The contractor shall arrange for train ing of their workmen as required under

Vocational Tra ining Rules. For this purpose the contractor shal l submit l ist of

persons to be tra ined in the col l iery Area VTC before the Manager.

xi i i . Bidders wi l l be required to issue passes/token to the persons employed by

him & such token should be a lways ava i lable with the person concerned when he is

at the work s ite which wi l l be returned when goes or he leaves the work s ite.

xiv. Bidders wi l l be required to g ive an undertaking to the company that the

part iculars provided by bidder about labourers is correct & he wi l l be responsib le

for the same.

xv. The contractor should not remove his vehic les without the permission of the Area

Management.

xv i. Management wi l l not take any responsib i l i ty for provid ing residentia l

accommodation for contractor ’s staff and company’s land for keeping contractor ’s

equipment, i ts crew and maintenance sheds etc. , However, i f ava ilable, land wil l be

provided for parking of vehic les but the same has to be vacated when the contract

expire or is terminated.

xv ii . Department may not be able to supply water e ither for dr inking or for

operation of equipment. The deptt . wi l l however, al low the contractor to col lect

water from their water supply system to the extent separable .

xv ii i . WCL, reserve the r ight to rev ise the norms in future, i f found necessary.

xix. Management reserves the r ight to amend the condit ions as per company’s

guidel ines appl icable from time to time and without pre judice to the interests o f

the company(WCL).

xx. The Management reserves the r ight to extend the contract for further period on the

same rate, Terms & Condit ions, i f it is in the best interest o f the company.

xxi. The bidders are requested to take care that the tendered documents


Page 31

submitted by them are leg ib le and without any ambiguity.

xxii . Bidders are to quote their rates strictly according to the above condit ions

and General Terms & Condit ions incorporated in th is tender document. Bidderss

are requested to note that the condition beyond the condit ions as mentioned above

wil l not be considered.

xxii i . Management reserves the r ight to get the contractual period extended if

need ar ises.

11. SETTLEMENT OF DISPUTES:- I t is incumbent upon the contractor to

avoid l i t igat ion and d isputes during the course of execution. However, i f

such disputes take place between the contractor and the department, e f fort

shal l be made f irst to sett le the d isputes at the company leve l. The

contractor should make request in writ ing to the Engineer- in-charge for

sett lement of such d isputes/ cla ims within 30 (th irty ) days of ar ising of the

cause of dispute/ c laim fai l ing which no d isputes/ c laims of the contractor

shal l be enterta ined by the company. I f dif ferences sti l l persist, the

sett lement of the d ispute with Govt. Agencies shall be dealt with as per the

Guidelines issued by the Ministry of Finance, Govt. o f India in th is regard.

In case of parties other than Govt. Agencies, the redresa l of the d ispute may

be sought in the Court of Law.