Bidding Document And Technical Specifications Office/FUEL_KR_AGENCY... · Bidding Document And Technical Specifications For Appointment of Agency to provide services for ensuring

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GUJARAT STATE ELECTRICITY CORPORATION LIMITED

Tender Specification No.: GSECL/Fuel/KR/ Agency/August-2014

Bidding Document And Technical Specifications

For Appointment of Agency to provide services for ensuring same quality (same GCV band) of coal to various GSECL TPS as per Billed GCV band from Korea Reva coal field of SECL for direct rail mode supplies in close coordination with SECL & Railways.

Tender Fee: Rs. 15,000/-

Prepared By: Fuel Department,

Corporate Office, GSECL, Vadodara

2 GSECL/Fuel/KR/Agency /August-2014

INDEX Section: Particulars Page No.

Section-I Instruction to Bidders 3-13

Section-II Scope, Terms and Conditions 14-26

Annexure:

Annexure-I Technical Bid Format 27-28

Annexure-II Schedule of Deviations 29

Annexure-III Schedule of Experience 30

Annexure-IV Bid Guarantee Form for EMD 31-32

Annexure-V Format for Security-Cum-Performance Bank Guarantee 33

Annexure-VI Contract Agreement Form

34-35

Annexure-VII Price bid Format 36-37


SECTION–I: INSTRUCTIONS TO BIDDERS 1.1 INSTRUCTIONS: 1.1.1 The Gujarat State Electricity Corporation Ltd. (GSECL), Vadodara, India invites “On-

Line Tenders” (through e-tendering), from the eligible bidders For Appointment of Agency to provide services for ensuring same quality (same GCV band) of coal to various GSECL TPS as per Billed GCV band from Korea Reva coal field of SECL for direct Rail mode supplies, in close coordination with SECL & Railways. on the terms and conditions specified in this Tender Specification.

1.1.2 The Notice Inviting Tenders (NIT) is placed on the Websites.

1.1.3 Bidder shall submit their offer through “On-Line Tender” and in physical form named

as “Physical Tender” as per the system of making bids and its submission prescribed in clause no. 1.2 below. It is mandatory for the Bidder to submit the offer in both modes i.e. “On-Line Tender” and “Physical Tender”. In case of non-receipt of “On-Line Tender” and “Physical Tender” in time, their bid shall be ignored.

1.1.4 The “Physical Tender” should reach at the office of Chief Engineer (Fuel), GSECL,

Vidyut Bhavan, Race Course, Vadodara: 390 007, Gujarat, India on or before 15:00 hrs. (IST) on 27.11.2014 (Thursday). However GSECL reserves the right to extend the tender submission date if deemed fit.

1.1.5 The last date of submission of “On-Line Tender” is on or before 16:00 hrs. (IST) on

27.11.2014 (Thursday). After such date and time, “On-Line Tender” will be closed and its submission will not be possible thereafter. No extension shall be granted in any circumstances whatsoever. However GSECL reserves the right to extend the tender submission date if deemed fit.

1.1.6 The “Physical Tender” should be sent by Regd. Post A.D./Speed Post only. Courier/

Telegraphic/ FAX/ Telex message Bids will not be accepted under any circumstances. 1.1.7 The “Physical Tender” received after the date and time, so fixed above, will not be

considered and no further correspondence will be entertained. 1.1.8 The Technical Bids of “Physical Tender” and “On-line Tender” will be opened in the

Office of the Chief Engineer (Fuel), GSECL, Vidyut Bhavan, Race Course, Vadodara: 390 007, Gujarat, India at 17:00 hrs. (IST) on 27.11.2014 (Thursday) (if possible).

1.1.9 Bidder's authorized representatives (up to two persons only) may attend the Bid

Opening. The Technical Bids will be opened on the due date and the Price Bids of the qualified bidders will be opened at later date, which will be intimated to the qualified bidders.

1.1.10 In case, the date of Bid Opening happens to be a holiday, the bid shall be opened on

the next working day.


1.1.11 At the time and date notified for opening of the tenders, the Technical Bids will be opened and the bids, which do not contain Demand Draft for Tender Fee and Demand Draft / Bid Guarantee for Earnest Money Deposit of the requisite amounts, will be disqualified and will be rejected out rightly.

1.1.12 The Bidder’s Bid and the documents attached thereto shall be considered forming part

of the Contract. 1.2 SYSTEM OF MAKING BID AND ITS SUBMISSION: 1.2.1 The Tender Specification and Bidding Documents may be downloaded from the

Website https://gsecl.nprocure.com or https://www.nprocure.com (FOR VIEW, DOWNLOAD & ON-LINE SUBMISSION) and GSECL Website www.gsecl.in (FOR VIEW & DOWNLOAD)

1.2.2 Bidders shall submit their tenders through e-tendering. The “On-Line Tender” and

“Physical Tender” shall be submitted as prescribed below. Bidder should understand the e-tendering procedure thoroughly and then fill up/ submit the bids. No excuse of insufficient knowledge of e-tendering process shall be accepted.

1.2.3 Any deviation/ modification/ discrepancy between the Data/ Details/ Documents of

the bids submitted by the Bidder in the “On-Line Tender” and the “Physical Tender” is not allowed and would be liable for rejection. No further communication in the matter shall be entertained.

1.2.4 “On-Line Submission” of Bids:

i) For “On-Line Submission” of bids, the bidder is required to obtain Digital Signature Certificate (meant for e-tendering) from M/s. (n) Code Solution – A Division of GNFC Ltd. and/ or from any other authorized agencies. The bidder, in whose name the Digital Signature Certificate / Registration is obtained, can only fill-up the “On-Line Tender”, as the same is not transferable.

ii) The contact details of M/s. (n) Code Solutions are as under:

M/s. (n) Code Solutions A division of GNFC Ltd. 403, GNFC Info tower, Bodakdev, Ahmedabad: 380 054

Toll free: 1800 233 1010 Tel: +91 79 40007501/ 12/ 16/ 17/ 25 Fax: +91 79 40007533 Website: https://gsecl.nprocure.com www.nprocure.com

iii) Bidders shall fill-up/ submit “On-Line Tender” in the formats provided in the Bidding

Documents. The Bidding Documents form the parts of “Technical Bid” and “Price Bid”. Bidder shall also upload the required documents as prescribed in clause no. 1.2.6 below.

iv) Bidders may take out prints of the filled tenders for their record purpose and for the required submission of the “Physical Tender” before the bid is submitted “On-Line”, as it will not be possible to do so after closing of “On-line” tender.


1.2.5 “Physical Submission” of Bids:

i) The “Physical Tender” in a sealed envelope, superscripted as "Physical Tender", shall contain the required documents as prescribed in clause no. 1.2.6 below.

a. The bidders shall submit their “Physical Tender” in three envelopes at the same time

on or before the notified date and time fixed for the submission of Physical Tender.

b. The first envelope, superscripted as “Tender Fee/ EMD” shall contain the Demand Draft towards Tender Fee and Demand Draft or the unconditional and irrevocable Bid Guarantee towards Earnest Money Deposit (As per Annexure-IV).

c. Second envelope superscripted as "Technical Bid", shall contain the Tender

Specification (downloaded from the Website) duly signed and sealed on every page and Annexure-I duly filled signed and sealed by the bidder along with other relevant documents required for Qualification. Schedule of Deviation (as per Annexure-II), Annexure-III all duly filled in, signed and sealed by the Bidder along with relevant required documents.

d. The above two envelopes shall be enclosed in the third envelope, superscripted as “Physical Tender”. All the envelopes shall be individually sealed, signed, and superscripted and addressed.

e. At the time and date notified for opening of the tenders, the envelope of “Tender Fee/

EMD” will be opened first and then the “Technical Bid” envelope will be opened. The Bids which do not contain Demand Draft for the payment of Tender Fee and/or Demand Draft/ Bid Guarantee for the payment of Earnest Money Deposit will be rejected and the “Technical Bid” envelopes of those Bids will not be opened. If the bidder indicates the prices in the Technical Bid then the bid will be rejected.

f. The Bidder's Bid and the documents attached thereto shall be considered as forming

part of the Contract Documents.

g. The sealed envelope of “Physical Tender” containing the Bids, Tender fee, Bid Guarantee etc. must be sent to Chief Engineer (Fuel) at the address given below:

Chief Engineer (Fuel) Gujarat State Electricity Corporation Ltd. Vidyut Bhavan, Race Course, Vadodara: 390 007, Gujarat, India. Tel # 91-265- 6612341 (Direct), 6612342 Fax # 91-265-2355195 (Direct)

This envelope must show on the outside, the name of the Bidder and his address. In addition, the lower left-hand corner of the envelope should indicate the following: “Tender No. GSECL/Fuel/KR/Agency/August-2014 Bid For Appointment of Agency to provide services for ensuring same quality (same GCV band) of coal to various GSECL TPS as per Billed GCV band from Korea Reva coal field of SECL for direct rail mode supplies, in close coordination with SECL, & Railways.” Last date for receipt of Bids on _________


Bids shall be fully in accordance with the requirement of this document and the Specifications attached thereto.

h. All information in the bid shall be in English only; Erasures and other changes shall be noted over the initials of the person signing the Bid.

1.2.6 Mode of Submission of the Required Documents:

i) The tender specification warrants the submission of several documents to ascertain that the bidder meets with the Minimum Qualifying Requirements and other technical and commercial qualification requirements prescribed in the tender specification.

ii) The bidder shall therefore understand the requirements and submit the documents strictly as prescribed below. Any deviation to this is liable for disqualification of the bids/ bidder.

Tender Reference

Particulars of Documents On-Line Submission

Physical Submission

Clause no. 1.3.1

Demand Draft towards payment of Tender Fee of Rs. 15,000/-

Scan and Upload Original DD

Clause no. 1.3.2

Demand Draft /Bank Guarantee of requisite amounts towards EMD

Scan and Upload Original DD /BG

Clause no. 1.4 Letter of authority from the Company/Joint Venture/consortium in favour of the person, who is authorized to submit the bid.

Scan and Upload Original

Clause no. 1.5.2

Details of past experience (Duly notarized work order copies of State Electricity Boards or Central /State Power Generating Company or its Generation Companies for the work of loading supervision including shortage minimization and linkage materialization for Indian (Thermal) Coal as produced by SECL/WCL/Other Subsidiaries of Coal India Ltd./ SCCL and loaded into the Railway wagons at the loading points for the minimum total quantity of 46.90 Lakh Metric Tonne if bidding for all the Power Station in the last preceding four financial years ending on 31st March 2014, (i.e from 2010-11 to 2013-14) work order should clearly indicate that the scope of minimizing the Transit loss is in the contractors scope with Penalty clause related to Transit Loss included in the work order. If the bidder is bidding for a



particular Power Station of GSECL then the bidder should have experience of minimum total qty as per clause 1.5.2. If bidder is quoting for more than one power station, then experience of minimum total quantity will be aggregate of quantity shown against respective power station in the last preceding four financial years ending on 31st March 2014(i.e from 2010-11 to 2013-14) showing order wise details of quantity together with the name, address and Fax/Tel No. of the Customers.

Clause no. 1.5.3

Duly notarized Experience Certificates from the customers for the satisfactory performance of the work carried out with order Nos, Qty etc details.

Scan and Upload 1 Copy of each

Clause no. 1.5.9(c)

Copy of audited annual accounts for the last three years, bank credit limits, bank references, of the bidder.

Scan and Upload (Optional)

1 Copy of each document

Clause no. 1.5.9(a) & (b)

Details of net worth & profit of the bidder as reflected in the balance sheet as on 31.3.2014 of the bidder duly certified by Chartered Accountant


Clause No1.5.10(e)

Copy of the Agreement or MoU entered into by the joint venture/ consortium partners

Scan and Upload (Not for single Bidder)

Original

Annexure-I Bidder’s Details and Technical Bid Bidding Document Annexure-I to be filled up.

Annexure-I duly signed, sealed along with all documents.

Annexure-II Schedule of Deviations Bidding Document Annexure-II to be filled up

Annexure-II duly signed, sealed.

Annexure-III Schedule of Experience Bidding Document Annexure-III to be filled up

Annexure-III duly signed, sealed. along with all documents .

Annexure-VII Price Bid Bidding Document Annexure-VII to be filled up

NOT TO BE SUBMITTED IN PHYSICAL BID


1.2.7 All information in the bid shall be in English only; Erasures and other changes shall

be noted over the initials of the person signing the Bid. 1.3 TENDER FEE AND BID GUARANTEE/E.M.D.: 1.3.1 The bidder shall pay a non-refundable tender fee of Rs. 15,000/- (Rupees fifteen

thousand only) by way of Crossed Demand Draft in the name of Gujarat State Electricity Corporation Ltd., payable at Vadodara.

1.3.2 A Bid Guarantee i.e. unconditional E.M.D. of Rs. 1 Crore (Rs. One crore) if bidder

has quoted for one Power Sation, and EMD of Rs 2 Crore (Rs. Two crore) if bidder has quoted for more than one Power station must be submitted along with the offer in either of the following forms (a) or (b):

a) By way of Crossed Demand Draft in the name of Gujarat State Electricity

Corporation Ltd. payable at Vadodara. OR

b) By way of an Acceptable Bank Guarantee from any Nationalized Banks including Public Sector Bank (IDBI Bank Ltd.), Private Sector Banks (AXIS Bank /ICICI Bank/ HDFC Bank), Commercial Bank (Kotak Mahindra Bank/Yes Bank/Ratnakar Bank/Indus Ind Bank/Karur Vyasya Bank/DCB Bank/ING Vyasya Bank), Co-operative Banks of Gujarat (Kalupur Commercial Co-op. Bank Ltd./ Rajkot Nagarik Sahakari Bank Ltd./ Ahmedabad Mercantile Co-op. Bank Ltd./The Mehsana Urban Co-Operative Bank Ltd./Nutan Nagrik Sahakari Bank Ltd.), in favour of Gujarat State Electricity Corporation Ltd.. The Bank Guarantee shall be as per the proforma in Annexure-IV.

1.3.3. The validity of the above Bank Guarantee should be as per Bid Guarantee Form for

EMD (Annexure-IV) and the same shall be extended as may be required. 1.3.4 Any bid not accompanied by Tender Fee and Bid Guarantee or Demand Draft of the

amount specified in clauses 1.3.1 & 1.3.2 or of less than the amounts specified in the above clauses shall be disqualified.

1.3.5 After issue of Letter of Intent (LoI) by purchaser, bidder has to submit the acceptance

of LoI and Security Deposit-cum-Performance Bank Guarantee (SD-cum-BG) as per format of GSECL [Annexure-VI], which shall be submitted to purchaser (GSECL). Bidder has to submit Security Deposit-cum-Performance B.G. within 10 days from the date of issue of LOI. After lapse of 10 days, if successful bidder not submitting SD-cum-BG, RPAD notice will be issued to the successful bidder mentioning that on failing to submit S.D.-cum-B.G. within next 07 days from the date of issue of RPAD Notice, the EMD will be forfeited. However, GSECL at their discretion may decide and extend the time for submission of SD-cum-BG.

In case, when successful bidder not at all responding within notice period or withdraws his offer then his EMD shall be forfeited and he will not be allowed to participate in the tenders invited from GSECL for the period of one year. Detailed order shall be issued only after submission of Security Deposit-cum-Performance Bank Guarantee. The Contract Agreement unless otherwise agreed to shall be signed by the successful Bidder within 30 days from the date of Detailed Order at the office of the Purchaser on the date and time mutually agreed upon as per


the prescribed format [enclosed hereto in Annexure-VII]. The EMD of the successful bidder will be returned only after furnishing of Security Deposit-cum-Performance Bank Guarantee and signing of the Contract Agreement.

1.3.6 EMD of unsuccessful bidders shall be refunded on finalization of the Tender i.e.

acceptance of the Tender of successful Bidder and submission of SD by the successful Bidder. The BG/ EMD will be returned to the respective Bidders on their request along with original money receipt of GSECL towards EMD and advance stamped receipt of the same amount.

1.3.7 No interest will be paid on Bid Guarantee / Earnest Money Deposit. 1.4 SIGNATURE ON BIDS: 1.4.1 The “On-Line Tender” shall be submitted with the Digital Signature Certificate

(meant for e-tendering) of the authorized person of the bidder. The “Physical Tender” must contain the name, designation and place of Business of the person with Phone and Fax Nos. of persons making the bid and must be signed and sealed by the Bidder with his usual signature by the same person submitting the “On-line Tender”.

1.4.2 A Bid by a Joint Venture or Consortium must be furnished with the full names of both partners and be signed with the partner’s name, by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person or persons signing. A letter of authority shall be furnished with Bid.

1.4.3 Bids by corporations / companies must be signed with the legal name of the

Corporations/Companies by the President, Secretary or any other person or persons authorized to bind the corporation/company in the matter.

1.4.4 Each page of the Technical Bid of “Physical Tender” has to be numbered

consecutively, signed and sealed. 1.5 BIDDERS MINIMUM QUALIFICATION CRITERIA: 1.5.1 The bidder can be a single bidder bidding on his own or on a joint-venture/consortium

basis formed by maximum of two partners. A party cannot submit multiple bids, either as a single bidder or on a joint-venture/consortium basis by forming multiple consortiums with different members. To qualify, bidder shall satisfy the following minimum criteria.

1.5.2 In case of single bidder, the bidder and in case of joint venture/consortium, at least one

member of the joint venture/consortium should have executed successfully the work orders placed on them by any State Electricity Boards or Central / State Power Generating Company or its Generation Companies for the work of loading supervision including shortage minimization and linkage materialization for Indian (Thermal) Coal as produced by SECL/WCL/Other Subsidiaries of Coal India Ltd./ SCCL and loaded into the Railway wagons at the loading points for the minimum total quantity of 46.90 Lakh Metric Tonne if bidding for all the Power Station in the


last preceding four financial years ending on 31st March 2014, (i.e from 2010-11 to 2013-14) The work order should clearly indicate that the scope of minimizing the Transit loss is in the contractors scope with Penalty clause related to Transit Loss included in the work order.

If the bidder is bidding for a particular Power Station of GSECL then the bidder

should have experience of minimum total qty as shown below, in the last preceding four financial years ending on 31st March 2014(i.e from 2010-11 to 2013-14) as shown below.

If bidder is quoting for more than one power station, then experience of minimum

total quantity will be aggregate of Minimum Total quantity shown against respective power station in the last preceding four financial years ending on 31st March 2014 (i.e from 2010-11 to 2013-14).

. Minimum Total Qty for qualification is as under:

Name of TPS Tentative Qty per year (Rail mode) in Lakh Metric Tonne

Minimum Total Qty required for qualification in Lakh Metric Tonne (Total of the last preceding four financial years as mentioned above).

Ukai TPS 6.76(for six months period)

13.50

Gandhinagar 4.60 4.60 Wanakbori 25.60 25.60 Sikka 3.20 3.20 All Power Stations 40.16 46.90

The quantity for Ukai TPS is as per MOU signed with SECL for six months which

may be extended further as per decision taken by Coal Company & GSECL. Movement of coal by only road, ropeway, etc. for which direct loading supervision of

railway wagon loading done is not involved shall not be considered for the above purpose.

1.5.3 The bidder should have executed the contracts successfully to the satisfaction of the

order placing party without any default. The bidder shall submit the duly notarized work order copies and experience/ performance certificate(s) in this regard. The experience/ performance certificate(s) should reflect minimum quantities as stated above for minimum qualifying criteria.

1.5.4 In case of unsatisfactory performance of the bidder noticed by GSECL, their offer will

be liable for rejection/ termination of contract. 1.5.5 Bidder blacklisted by any Government Organization will be stand disqualified.

1.5.6 Bidder should submit the upto date authenticated copy of Service Tax Registration No

certificate and EPF No.


1.5.7 Experience as Sub-contractor will not be considered.

1.5.8 The bidder and in case of joint venture/consortium, at least one member of the joint

venture/consortium should have organizational set-up with branch offices/network with professionally competent staff at the collieries and main centres of the Coal Companies and Railways such as Bilaspur, Nagpur, Kolkata, New Delhi and Mumbai. Etc. Bidder should furnish copies of relevant documents to authenticate.

The bidder shall provide information of its organizational set up including information of offices at various locations in India, no. of staff deployed at each office and collieries, communication facilities at the offices and the type of services performed by the bidder, etc. The bidder should furnish copies of relevant documents to authenticate the engagement of the staff.

1.5.9 The bidder and in the case of joint-venture/consortium bidders, all members of the

joint-venture/consortium must demonstrate sound financial status as defined in this clause to the satisfaction of GSECL.

a) The bidder and in the case of joint-venture/consortium total of bidders should have

positive net worth as reflected in the audited balance sheet for the last preceding three financial years i.e. 2011-12, 2012-13 and 2013-14 as well as a net worth of Rs. 15 crores as reflected in the audited balance sheet as on 31.03.2014. Certificate of Chartered Account showing the net worth should be attached. In the case of joint-venture/consortium bidders Certificate of Chartered Account showing the net worth of both the members should be attached.

b) The bidder shall have profitable track record of operations as reflected in audited

balance sheet in each of the last three financial years i.e. 2011-12, 2012-13 and 2013-14. Certificate of Chartered Account showing the net profit should be attached. In the case of joint-venture/consortium bidders Certificate of Chartered Account showing the net profit of both the members should be attached.

c) Documentary proof including copy of audited annual accounts for the last 3 financial

years (i.e. 2011-12, 2012-13, and 2013-14), bank credit limits, bank references, etc. shall be attached. The Documentary proof shall include but not limited to:

i) Audited Financial Accounts. ii) List of Banks from which references can be obtained with the contact details i.e.

Address, Telephone and Fax Nos. Listing of Bankers shall be deemed an authorization by the bidders for the Purchaser to request such references and for the bankers to release them to the Purchaser.

1.5.10 In the event of the bidder being a joint venture/consortium, the Purchaser requires that

both the parties of the joint venture/consortium accept joint and several liabilities for all the obligations under the agreement.

Bids submitted by a venture/ consortium shall comply with the following requirements:


a) The bid, and in case of a successful bid, the Contract Agreement shall be signed so as to legally binding on both.

b) One of the partners shall be authorized to be in charge and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of both the partners.

c) The partner in charge shall be authorized to incur liabilities and receive instructions on behalf of any one or of both partners of the joint venture/consortium and the entire execution of the contract including payment shall be done exclusive with the partner in charge.

d) Both partners of the joint venture/consortium shall be liable jointly and severally for the execution of the contract in accordance with the contract terms.

e) A copy of the agreement or MOU entered into by the joint venture/ consortium partners shall be submitted with the bid.

f) In case of bidding through a joint-venture/ consortium basis, no change in the joint-venture/consortium partners will be allowed without the prior permission of the Purchaser.

1.5.11 Not withstanding anything stated above, the Purchaser reserves the right to assess the

credibility, capability and capacity to perform the contract, should circumstances warrant such an assessment in the overall interest of the Purchaser, and bidder shall furnish all other required documents to the Purchaser.

1.5.12 The Purchaser also reserves the right to seek such additional information as it may

deem fit to satisfy itself of the eligibility of the Bidder. 1.6 DEFINITION:

In this tender, the following terms shall be interpreted as below: a) The “Purchaser” means Gujarat State Electricity Corporation Limited. b) The “Contractor/Agency” means the Contractor to whom the work of above

mentioned will be awarded. c) “SECL” means South Eastern Coalfields Limited. d) The “FSA” means the Fuel Supply Agreement executed by GSECL with SECL for

supply of coal to the power stations of GSECL. e) Rail mode supplies means Raw coal directly loaded by Coal India subsidiaries in to

Railway wagons. f) The “Bidder” shall be a single bidder bidding on his own or on a joint-

venture/consortium basis formed by maximum of two partners.

1.7 CONCLUSION: 1.7.1 Bidders must ensure that the conditions laid down for submission of offers are

completely and correctly fulfilled. It should be particularly noted that no change in proforma for Bid Guarantee is acceptable.

1.7.2 Bids, which are not complete in all respects as stipulated above, or without Tender

Fee/ EMD will be liable for rejection without any intimation to the bidders. The Price Bids of only those bidders will be opened whose offers meet with the Minimum Qualifying Requirements and whose techno-commercial offers are acceptable to GSECL.


1.7.3 GSECL reserves the right to accept or reject any Offer or all the Offers without

assigning any reasons thereof. GSECL also reserves the right not to order any quantity against this tender, if the rates received do not prove to be economical/ beneficial to the overall interest of the Company. In such cases, the EMD will be refunded to the bidders without any interest. GSECL’s decision in this regard shall be final and binding to all the bidders.

1.7.4 It shall not be binding upon GSECL to accept the lowest or any bid. It shall not be

obligatory on the part of GSECL to furnish any information or explanation for the cause of rejection of tender/offer or part of the tender/offer.

1.7.5 GSECL reserves the right to split-up the tender quantity, as it will deem fit amongst

the successful bidders. The part order should be acceptable to the bidder at the same quoted rate, terms and conditions. Moreover, in the event of placement of part orders, the distribution of the tender quantity shall be at the sole discretion of GSECL and the same shall be binding to bidders.

1.7.6 Canvassing Not Permitted: The Bidder should abstain from pursuing/ canvassing the matter, directly or indirectly with any Officer of GSECL, as otherwise, their tender would be liable for disqualification.

1.7.7 The GSECL shall have the right to make any changes, additions / deletions or

modifications in any terms / conditions of the tender and / or specifications as may be deemed necessary by the GSECL and its sole discretion at any time before the due date of opening of the tender.

1.7.8 GSECL does not accept the printed conditions of any Tenderer. It will be ignored

without any reference; hence, tenderers should withdraw such printed conditions if they have any.

1.7.9 The work should be offered strictly confirming Tender Specifications given in the

tender. If the tenderer desires to quote with any deviations, they should specifically quote the deviation in the body of the tender itself under heading deviation in Annexure- II‘’ attached.

If, deviations furnished by the Tenderer are not agreeable to the GSECL, the offers may be ignored. However, it will be solely at GSECL’s discretion to consider the deviations OR not for considering the Tenderer.

1.8 VALIDITY OF OFFER: The offer should be valid for acceptance for a period of at least 120 days

from the date of opening of the Technical Bids. In case of finalization of the tender is likely to be delayed. The tenderers will be asked to extend the same without change in the prices or any terms and conditions of the offer.


SECTION - II: SCOPE, TERMS & CONDITIONS 2.1 Scope of Work:

The scope of work shall be to maintain liaison between the GSECL on the first part and the Coal Companies i.e. SECL and the Railways and the concerned statutory authorities on the second part. Co-ordination with the Coal Companies and Railways, arrange to allocate required quantity of raw coal for the rail mode supplies as per GSECL requirement from the Coal India Subsidiary SECL, the raw coal shall be allocated from any mines/Colliery of Korea Rewa coalfields of SECL. Sanctioning the monthly railway programme, ensuring proper indenting of railway wagons and allotment of coal wagons from Railways, to Supervise and monitor loading of coal of proper sizing and without lumpy, muddy & sticky Coal into railway wagon. Monitoring the quantity and quality of coal loaded, monitoring movement of coal rakes including loading and dispatch of the coal at the collieries by Railways and up to receipt of coal rakes as per the declared GCV Band Coal billed by Coal India Subsidiaries for rail mode supplies at respective TPS of GSECL. To minimize loss of coal during transit up to respective TPS. Agency will have to ensure that the GCV band of the coal billed by the Coal India subsidiary SECL and the coal received at the Thermal Power station should be of the same GCV band. Agency will be participating in the Sampling and Analysis of coal at the loading end with the Coal India Limited subsidiaries viz SECL as a representative on behalf of GSECL, and at the unloading end (i.e. TPS end) to be carried out by TPS Authorities/Independent Agency appointed by GSECL. To follow-up the work of dispatches of coal, movement of coal and to obtain and submit to GSECL all the necessary documents from coal companies and the respective Railways. The work also includes liaison with appropriate authorities for securing required allocations of coal and realization thereof.

The scope of work inter-alia shall include but not limited to the following acts to be performed by the Contractor.

2.1.1. Co-ordination with the Coal Companies and the Railways for materialization of linkage according to the FSA’s with the Coal Companies as per the requirement of GSECL. The Contractor shall be responsible to ensure maximum supply of coal against the required quantity of coal to the respective Power Stations of GSECL so as to maintain the required stocks and the generation of power.

2.1.2. The Contractor shall make efforts to have more coal allocation (above 100% of FSA Quantities) from SECL, if desired in writing by GSECL.

2.1.3. The Contractor shall submit monthly rail programme to Railways for rail-mode

supplies of coal immediately after release of the programme by GSECL on monthly basis and get it sanctioned from the Railway Authorities. The Contractor shall submit the sanctioned monthly rail programme to the concerned railway offices, the Concerned Power Stations and CE (Fuel), CO of GSECL and other authorities as required.

2.1.4. The Contractor shall ensure and follow-up with the Coal authorities at the colliery ends for rail-mode supplies and ensure that adequate indents of Railway wagons are submitted and also to obtain a regular and uniform allotments from Railways. The Contractor shall keep the Power Stations and Corporate Office of GSECL informed


about the loading, dispatches, movement and placement of rakes for the Power Stations.

2.1.5. The Contractor shall ensure allotment of empty wagons and dispatch of rakes only on train load basis. In case of dispatch of rakes on wagon load basis then any financial implication aroused shall be recovered from the bills of the Contractor.

2.1.6. The Contractor shall ensure proper loading of raw coal in the coal wagons for rail mode supplies. The Contractor shall supervise and ensure that the coal is loaded to the full carrying capacity of wagons upto the prescribed PCC (Permissible Carrying Capacity) limits of the Railways from time to time..

2.1.7. The Contractor shall monitor quantity, quality and size of coal during loading of coal

with a view to achieve the sustained generation at the Thermal Power Stations of GSECL. The contractor should ensure that for Rail mode supplies, the GCV band of the coal received at TPS from Korea Rewa coalfields of SECL as measured and analyzed at TPS laboratory should be of the same GCV band for which it is billed by Coal India subsidiaries.(i.e SECL).

2.1.8. The Contractor shall ensure that the coal with excessive surface moisture, over size, lumpy, muddy, extraneous materials, and stones is not loaded.

2.1.9. The Contractor shall monitor weighment of coal at the colliery/ loading ends. The

Contractor shall also monitor the movement of the coal wagons after dispatch from the Booking station and upto the concerned power station ends to minimize loss of coal during transit.

2.1.10. The Contractor shall deploy sufficient supervisor at each loading station and at each

Power Station round the clock and thereby monitor the movement of coal rakes and also keep the relevant records pertaining to the coal rakes such as empties and loaded boxes, idle hours, detention of empty wagons, etc. The supervisor shall have adequate staff under him.

2.1.11. The Contractor shall co-ordinate with the Coal Companies for carrying out periodical

joint reconciliations of coal bill accounts in timely manner. 2.1.12. The Contractor shall co-ordinate with the Railways for carrying out reconciliation in

respect of inter-unit adjustments of freight amounts and other miscellaneous claims and to arrange meetings of GSECL and Railways to carry out the reconciliations in timely manner.

2.1.13. The Contractor shall have to post adequate manpower at various sidings, collieries and Power Stations and also with an office set-up at all Head Quarters of the Coal Companies, Railways and at Delhi, Mumbai and Kolkata for follow-ups.

2.1.14. In order to have up-to-date information about loading, dispatches and movement of

coal rakes on daily basis, the Contractor will have to keep the Power Stations and the Corporate Office of GSECL informed the following matters on daily basis.

a. Rakes indented by the Coal Companies siding-wise


b. Rakes under loading c. Made over of wagons at different locations d. Quality of coal and complaints made thereof. e. R.R. No. and weight of rake with wagon nos. along with destination f. Rakes in pipeline g. Placement of rakes with timings at Power Stations of GSECL.

The above information will be faxed or to be sent by e-mail invariably to all the Concerned Power Station Chiefs and Chief Engineers (Fuel) at the Corporate Office of GSECL daily by 10.00 a.m.

2.1.15 The Contractor shall have to arrange to send original RRs to all the concerned Power Stations through special courier in minimum possible time but maximum within 7 days.

2.1.16 Similarly, it will be the duty of the Contractor to inform all the Power Stations and Corporate Office of GSECL about the movement of rakes as and when required and therefore continuous monitoring of rakes in pipeline, its locations, etc. will have to be kept ready by the Contractor.

2.1.17 In order to maintain the quality of coal, the Contractor will have to observe loading in

the wagon only fresh coal of the mines and loading of stacked coal (containing burnt coal, impurities, etc.) should be strictly avoided. At a critical time when no fresh coal is available, alternatively the stacked coal will be allowed to be loaded only after clearance is obtained from GSECL officials. Any stacked coal, if loaded by the Coal Company without clearance from GSECL, the Contractor should strongly protest with the colliery officials immediately i.e. during loading of wagons and should immediately inform the concerned Power Station authority and CE(Fuel) at Corporate Office of GSECL to enable them to take necessary actions. The Contractor should also ensure that only crushed and screened coal having no extraneous material is loaded in the wagons for dispatch to the Power Stations. The Contractor should see that if such coal is not coming to the siding, then to lodge a complaint with the colliery officials and to report the same to the respective Power Station and CE (Fuel) at Corporate Office of GSECL. On advice from GSECL the Contractor will have to ensure that prior to onset of monsoon, the coal stock at Power Stations is adequate.

2.1.18 The Contractor shall take up with the Coal Companies to ensure that the crushing and screening arrangements at the collieries are always in working condition. In the event of non-working or failure of said arrangement, the Contractor shall, immediately, lodge complaint with the concerned authorities of Collieries, under intimation to the respective Power Station and CE (Fuel) at CO of GSECL to ensure that the defects are immediately rectified by such collieries.

2.1.19 The Contractor shall be vigilant about the route restriction and allotment limitation

imposed by the Railways, paucity of wagons etc. and to keep CE (Fuel), GSECL informed on day to day basis.

2.1.20 The Contractor shall obtain day to day programme of movement, dispatch of the coal

from Railways and collieries, on behalf of GSECL and to furnish the said programme to the respective Power Station and CE (Fuel), CO of GSECL well in advance.


2.1.21 The Contractor shall take necessary action to expedite the dispatches of the coal by

the Railways from the colliery end. The Contractor shall keep the officers of GSECL informed about the daily dispatches of the coal by Railways from time to time, with relevant details.

2.1.22 The Contractor shall ensure that proper bracket labels indicating the full details, such

as name of colliery and type of coal in full form along with its grade( GCV Band), etc. are affixed on wagons and they are affixed in manner so as to remain on wagon till wagon reaches to destination, to enable clear identification of wagon for sampling.

2.1.23 The Contractor shall ensure that the wagons/ rakes which are booked to the GSECL’s

Power Stations shall not be diverted by Railway Authorities. The Contractor shall convince the Railway Authorities, on behalf of GSECL, not to divert any of the rakes allotted and booked for a particular Power Station of GSECL. Despite his efforts, if Railway Authorities divert any of the rakes, the Contractor shall immediately inform to the office of CE (Fuel) and the respective Power Station of such diversion, which may be either at the dispatching end or en-route to power station, because of the operational difficulties.

2.1.24 The Contractor shall co-ordinate with Railways for internal diversion of rakes within

GSECL Power Stations as and when required by GSECL. When such rakes are diverted it will be the responsibility of the Contractor who has supervised the loading of such rakes to arrange necessary checks at the Consignee Power Station.

2.1.25 The Contractor will have to keep Power Station and CE (Fuel), CO informed regularly about the status of weighbridges operating at Railway Sidings of coalfields, by submitting a fortnightly report. The Contractor will have to keep watch for correct weighment by weighbridge of Coal Company. If any defect is found in the weighbridge weighment then the same should be immediately brought to Coal Company’s notice to attend the problem and also to inform GSECL to take corrective action. The Contractor will have also to witness the periodical stamping of weighbridges conducted by Weights & Measurement Deptt. During above, they will be in contact with GSECL and associate with representatives of the concerned Power Station and Coal Office during their visits to weighbridges.

2.1.26 It will be the responsibility of contractors to ensure that no sick wagons is allotted by railways, and no freight charges for the sick wagon/empty wagons is charged by the Railways. In case of charging of freight for sick wagons, contractors shall take up the matter with the railways authorities along with the documentation required, within the prescribed time limit of the railways and shall arrange for the refund of the same.Till that time the same will be recovered from your remuneration and will be refunded only after getting credit from railway. If any coal wagon falls sick on its way and same is cut off from the original coal rake, in that case you shall have to go through the original guidelines, which is made available from the concerned Railway to find out the wagon position. If the wagon is sick or any fault occurs, you will have to get the same repaired and wagons shall be sent to concerned TPS.


2.1.27. GSECL has implemented E-payment system. GSECL will make the freight payment through E-payment mechanism. Hence, the financial responsibility of E-payment lies with GSECL and all the operational responsibilities of Railway Freight payment will be in the scope of the contractor. The operational responsibilities scope shall include but not limited to the following acts to be performed by the Contractor mentioned below.

a) You shall have to submit all the relevant freight documents including original RR,

Wagon Statements etc for the coal rake loaded for respective TPS containing information such as colliery wise details of the coal rakes booked along with individual Wagon Nos, corresponding RR Nos, RR weight and date of loading, statement showing the details of freight paid duly signed by concerned station master of loading point within 7 days from the dispatch of the coal rakes. If delay occurs in submission of documents to consignee TPS, the penalty of Rs 500 per day will be charged from your remuneration.

b) You will have to send soft/scan copy of RR and other documents along with wagon

details, with declared grade of coal loaded of coal rakes in Microsoft Excel format through E mail to the consignee TPS with in maximum 48 Hrs from the dispatch of the coal rakes, so that the details are received at TPS before the rake reaches the TPS.

c) You will have to see that any incorrect or unacceptable charges are not deducted by the

Railway for the freight payment through E-payment mechanism. Any error in calculation, wrong charging of freight (totaling error), overcharges/errors (wrong slab of freight, Kms, wrong overloading slabs) and any charges other than specified Railway norms, which are against the interest of GSECL, will be recovered from your remuneration charges and it will be refunded to you after getting credit from Railway.

d) In respect of Rakes/wagons diverted or missing outside GSECL, the freight charges

for the same will be recovered from your remuneration charges and shall not be paid till the receipt of such pre paid rakes/wagons or match delivery by Railways or settlement of the claim for missing wagons/rakes from Concerned Railway.

e) It will be the Contractors responsibility to see that no rakes will be received on “To

pay basis”. If the rake is received on “To pay basis”, the surcharge applicable will be deducted from your remuneration. However, “To Pay’ surcharge, as a result of E payment system failure either at Banks, Railways or GSECL end or as a result of insufficient funds, will be at GSECL’s account.

f) For any delay on contractor’s part to present the E RR’s at power plant resulting into

demurrage charges and denial of any benefit thereof by railways, you will be liable for such loss to GSECL and actual amount of loss will be recovered from your remuneration charges.

g) You shall have to coordinate with the Railway authorities and other contractors of

GSECL to minimize the instances of Railway freight prepaid wagons/rakes being diverted to other sites getting lost during transit or developing faults and to take adequate steps to recover such wagons.


h) It should be clearly understood that any action taken by you shall be to promote the interest of GSECL and in benefit of GSECL. It should be your constant endeavor to deploy your resources to ensure satisfactory allocation and receipt of coal to GSECL Power Stations.

2.1.28 The Sampling and Analysis at the TPS end will be carried out by Independent Inspection Agency appointed by GSECL/ respective TPS Authorities at the TPS laboratory for the rail mode supplies. The contractor/Agency shall participate in the sampling and Analysis procedure at the TPS end. The Contractor/ Agency will jointly sign the Analysis result with the TPS authorities/Independent Agency appointed by GSECL.

2.1.29 The Sampling and Analysis of the coal at the Loading end will be carried out by Coal India Subsidiaries or a Third Party agency appointed by Coal India Subsidiary in presence of the representative of Coal India Subsidiary. You shall participate in the Sampling and Analysis procedure of the coal at the Loading end as a representative on behalf of GSECL and will remain present during the Sampling and Analysis procedure. You will be responsible for signing the Analysis report jointly with the Third party Agency and Coal India Subsidiary Representative at the Loading end. Bidder shall post round the clock, the required qualified and experienced persons for the sampling and analysis of coal at various loading points as required. You have to arrange to send the duly Signed Sampling and Analysis Result of the Loading end to the respective TPS Authorites in the minimum possible time.

2.2 Estimated Rail mode Linkages/Qty to the Thermal Power Stations of GSECL: The Power Station-wise Estimated rail mode Quantities of Indigenous Coal from the Coal Companies viz. SECL from Korea Rewa Coalfields and the estimated tentative allocations of Indigenous coal linkages through rail-mode supplies per year during the contract period are as follows: (Qty in Lakh Mt)

TPS Estimated tentative Qty from Korea Rewa Coalfields of SECL (Rail-mode) in LMT/year

Ukai 6.76 ( for a six month period) Gandhinagar 4.60 Wanakbori 25.60 Sikka 3.20

IMPORTANT NOTES: 2.2.1 The above Estimated Quantities with the Coal Companies viz. SECL are approximate

and only indicative. The Coal Company-wise Quantities may vary on changes being made by the Coal Companies/ MoC/ CIL or as per the requirement of GSECL. The monthly off-taking programmes as advised by GSECL will be followed, if GSECL procures coal from other coal companies, the quantity may vary and the rates, terms and condition finalized with the bidder shall be binding for those quantities also.


2.2.2 The scope of work under this contract is pertaining to coal supplies by Railways to all Thermal Power Stations of GSECL as per “Scope of Work” under Section-II. However, imported coal is not included.

2.2.3 GSECL reserves the right to vary total coal quantity for all TPS taken together. The Power Station-wise quantity can be varied to any extent and the same shall be binding on the Contractor. Normally, GSECL shall indicate the quantity quarter-wise and on monthly basis as per requirements of the Power Stations of GSECL.

2.2.4 GSECL may transfer the coal from one power station to the other power station as per its requirements. For a particular month, in the event of the linkage coal quantity as allocated in FSA for a particular Power Station of GSECL being transferred to another Power Station of GSECL, the loading Supervision and other scope of work for such transferred coal quantity for the month will be carried out by the Contractor of the Power Station from where the linkage Coal quantity has been transferred. The service charges for the Power Station from where the linkage coal quantity is transferred and the service charges for the Power Station where the linkage coal quantity is transferred whichever is lower will be paid as service charges for such transferred linkage coal quantity. The Contractor of the Power Station from where the linkage coal quantity has been transferred and the contractor of the Power station which receives such linkage coal quantity shall have to work in coordination such that loading and movement of coal is not affected and it does not affect the GSECL Power Station working.

2.2.5 GSECL reserves the right to delete the linkage partly or fully of any other Power Stations during currency of the contract from the scope of work if so warranted and also reserves the right to delete the supply from any of the coal mines, as thought suitable, out of the scope of work of the Contractor and reducing the linkage for the Contractor of the respective Power Station accordingly.

2.2.6 GSECL also reserves the right to add the linkage partly or fully in to the scope of Contractor for any of the Power Stations from any particular colliery during the currency of this contract.

2.3 Prices:

2.3.1 The bidders shall quote their minimum charges in “Rs. Per Mt” inclusive of all taxes

and duties except Service Tax. The Service Tax and its variation shall be paid extra against the documentary evidence of having paid the same. Statutory variation (increase or decrease) on account of the service tax shall be allowed as applicable during the contractual period on submission of documentary evidence.

2.3.2 The prices shall be quoted power station wise. as per the Price Schedule Format at

Annexure-VII. 2.3.3 The L-1 rating shall be decided power station-wise.


2.3.4 The quantities specified with the Coal Companies are based on the present allocations. However, actual quantity may vary widely and the payment shall be made as per the actual for the quantities weighed at the loading end and un-loading end (i.e TPS end) on whichever is lower basis.

2.3.5 Bidders shall be requested to furnish a detailed justification for the price quoted by

them with detailed break-up for various costs considered in the price quoted by them if required by GSECL

2.4 Penalties for various items: 2.4.1 For rail-mode supplies, 100% under-loading charges charged by the Railways is to be

shared between GSECL and the respective Agency in the ratio of 50:50. The under loading charges borne by the Coal companies would be adjusted prior to calculating the penalty amount.

2.4.2 For rail-mode supplies, 100% over-loading penalties (excluding normal freight), as charged by Railways, shall be recovered from the bill of Agency/ Contractor.

2.4.3 For Rail mode supplies, any financial implication aroused out of dispatch of rakes on

wagon-load basis, then the differential charges between train-load and wagon-load shall be recovered from the bills of the Agency/ Contractor.

2.4.4 For the receipt of wagons with lumpy coal at the Power station end, for which

complaints from concerned TPS are received, the quantity of coal received in those wagons will not be counted for the payment purpose.

2.4.5 For the receipt of wagons with muddy coal at the Power station end except for the monsoon period of 15th-Jun to 15th-Sep subject to rainfall having occurred during this period, for which complaints from concerned TPS are received, the quantity of coal received in those wagons will not be counted for the payment purpose.

2.4.6 For the quantity of stones and extraneous material received the quantity will not be

counted for payment purpose. 2.4.7 Penalty for excessive transit loss (above 0.8% as per GERC norms): Transit loss of

0.8% (as per GERC norms) will be allowable on rake to rake basis. For Transit loss above 0.8%, Actual total landed cost of coal including Freight( including all taxes, duties, cess etc) will be deducted/recovered from your bills/any payment due to you.

2.4.8 Penalty for excessive demurrage: 50% of the total Monthly demurrage billed by Railways (before waival) will be deducted from the Agency/ Contractor. And if any waival is received from the railways against the demurrage. It will be equally shared between GSECL & the Agency/ Contractor. Demurrage will be deducted from the Agency/ contractor who has supervised the rakes.


2.4.9 Penalty for Lower GCV:

For Rail mode supplies, on rake to rake basis if the GCV band of the coal received at TPS and measured and analyzed at TPS laboratory on Equilibrated basis is lower than the GCV band of coal billed by Coal India Subsidiary (SECL), then for the rake quantity if the Grade slippage is of one GCV band, then 25% remuneration charges will be deducted as penalty for the quantity for which such grade slippage of one GCV band is observed (RR quantity shall be the basis for calculation of such penalty). If the Grade slippage is of two GCV band, then 50% remuneration charges will be deducted as penalty for the quantity for which such grade slippage of two GCV band is observed (RR quantity shall be the basis for calculation of such penalty). If the Grade slippage is of three GCV band or more, then no remuneration charges will be paid for the quantity for which such grade slippage of three or more GCV band is observed (RR quantity shall be the basis for calculation of such penalty). If the amount to be deducted is more than the amount payable to the Contractor, GSECL shall recover the cost as it deems fit.

Eg. For a particular rake if the Billed grade by SECL is of GCV band G5 and the

GCV band measured and analyzed at TPS laboratory is G6 then 25% remuneration charges will be deducted as penalty for the quantity for which such grade slippage of one GCV band is observed (RR quantity shall be the basis for calculation of such penalty). If the GCV band measured and analyzed at TPS laboratory is G7 then 50% remuneration charges will be deducted as penalty for the quantity for which such grade slippage of two GCV band is observed (RR quantity shall be the basis for calculation of such penalty). If the GCV band measured and analyzed at TPS laboratory is G8 then no remuneration charges will be paid for the quantity for which such grade slippage of three or more GCV band is observed (RR quantity shall be the basis for calculation of such penalty).

2.5 Period of Contract:

The tenure of the contract shall be for a period of 1 year from the date of commencement of the work under the Contract. It can be extended for a period of another one year at the sole discretion of GSECL.

2.6 Re-negotiation of Contract:

If during the contract period, whenever GSECL feels that there are significant changes in the scope of work, terms and conditions due to any reason, or the contract seems uneconomical to GSECL, then GSECL reserves the right to re-negotiate contract. If the negotiations fail, the contract shall be terminated by giving one-month notice and GSECL reserves rights to re-tender the contract.

2.7 BILLING AND PAYMENT: 2.7.1 Criteria for Payment: The Service charges/Remuneration charges at the rates in Rs. Per

Mt, as accepted under the Contract, shall be payable for qualified quantities (after deducting quantities of stones, extraneous material etc, Qty of Lumpy coal, muddy coal & other quantities mentioned in tender etc) and after deducting penalties and recoveries, as per the tender conditions, if any, on monthly basis. The quantities


weighed at the loading end and un-loading end (i.e TPS end) on whichever is lower basis will be considered.

2.7.2 The Contractor shall raise Power Station-wise monthly invoices (in duplicate) for the Service charges/Remuneration payable for the month for qualified quantities after deduction of applicable penalties and recoveries, as per the tender conditions on monthly basis . The Service Tax shall be indicated separately in the Invoices with the applicable rate and amount. The Invoices along with the documents required for drawl of payments (as per clause no. 2.7.5 below) shall be submitted to the CE (Fuel), Corporate Office, Vadodara.

2.7.3 The Invoices will be processed and the payments will be released within 30 days after receipt of the monthly invoices if possible.

2.7.4 Tax Deduction: The payments will be released after deduction of TDS deductible at the

applicable rates for TDS of Contractors and the TDS Certificate will be issued to the Contractor by the concerned power station.

2.7.5 Following documents are to be submitted for drawl of payments.

a) Invoice of the Contractor along with a statement showing rake-wise details of Rake Receipt Date, RR No. and RR date, No. of Wagons, GCV band wise RR Actual Weight, GCV band wise Received quantity at TPS for the rakes received at TPS in a month and the quantity of stones, extraneous materials, muddy coal, lumpy coal, etc. as advised by TPS for the month with the deduction of Quantities, applicable penalties worked out by the power stations as per the tender conditions. Rake wise Sampling and Analysis Report of Loading end and Unloading End results jointly signed with IIA/ respective TPS Authorities or CIL authorities.

b) Detailed statements containing RR No & date, Loading Date, date of submission of

soft copy of RR, date of submission of Original RR to TPS, freight amount etc.

c) Details for the wagons/rakes diverted outside GSECL TPS should be submitted with the certificates issued by the competent authority of the concern railway offices to the effect of the match delivery received at TPS or settlement of the claim for missing wagons/rakes.

d) The proof of payment of Service Tax.

2.8 SECURITY-CUM-PERFORMANCE DEPOSIT:

The Contractor shall furnish the Security-cum-Performance deposit by way of Bank Guarantee in the format of GSECL (As per Annexure-VI) from any Nationalized Banks including Public Sector Bank (IDBI Bank Ltd.), Private Sector Banks (AXIS Bank /ICICI Bank/ HDFC Bank) within 10 (Ten) days from the date of issue of LOI for an amount equivalent to 10% of the order value for one year quantity. After lapse of 10 days, if successful bidder is not submitting Security-cum-Performance Bank Guarantee, RPAD notice will be issued to the successful bidder mentioning that on failing to submit S.D.-cum-B.G. within next 07 days from the date of issue of RPAD


Notice the EMD will be forfeited. However, GSECL at their discretion may decide and extend the time for submission of SD-cum-BG.

The Security-cum-Performance Bank Guarantee shall remain in full force and effective during the period that would be taken for satisfactory performance and fulfillment in all respect of the contract and shall be valid for a period upto six months after the date of loading of last rake from siding. If required, it shall be extended upto a period as desired by GSECL. The Bank Guarantee should be renewed time to time before one month from the expiry date.

The Security-cum-Performance Bank Guarantee and/or any amendment there to shall be executed on a stamped paper of requisite money value in accordance with the Bombay Stamp Act as applicable to Gujarat.

2.9 FORCE MAJEURE:

If, at any time during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, act of the public enemy, civil commotion, sabotage fires, floods, explosion, epidemics, quarantine restrictions, strikes lockouts or acts of God (hereinafter referred to as “event”), then provided notice of the happening of any such event is given by either party to the other within twenty one days from the date of occurrence there of neither party shall by reason of such event be entitled to terminate this contract nor shall either party shall have any claim for damages against the other in respect of such non-performance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such event has come to end or ceased to exist, and the decision of the Chairperson, GSECL as to whether the deliveries/ works have been so resumed or not shall be final and conclusive. Provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days, either party may at its option terminate the contract provided also that if the contract is terminated under this clause, the GSECL shall be at liberty to get the works done at the cost and risk of the Contractor/Agency at a price to be fixed by the Chairperson, GSECL, which shall be final, all acceptable material in possession of the Contractor/Agency or supplied by the Contractor/Agency at the time of such termination or such portion thereof as GSECL may deem fit excepting such materials, as the Contractor/Agency may with concurrence of the GSECL elect to retain.

2.10 TERMINATION/ CANCELLATION:

Purchaser reserves the right to cancel the contract in full or part by giving one month written notice if the performance is not satisfactory in accordance with the contract/ order and to cancel the contract and encash the Security-cum-performance Deposit Bank Guarantee.

The decision of the GSECL shall be final as regards the works executed by the

contractor and GSECL shall not be required to give any reason in writing or otherwise at any time for rejection of the work executed. .


GSECL also reserves the right to cancel the contract at any time during the contractual period if the contract is found uneconomical to GSECL.

GSECL also reserves the right to terminate/ cancel the order by giving one month written notice without assigning any reason thereof.

2.11 ARBITRATION: 2.11.1 Except as otherwise provided in the Contract Agreement, if any dispute or difference

of any kind whatsoever (a "Dispute") shall arise between the Purchaser and the Contractor in connection with, or arising out of, or relating to the Contract Agreement or the breach, termination or validity hereof, the Purchaser and the Contractor shall attempt in good faith, for a period of thirty (30) days after the receipt by one party of a notice from the other Party of the existence of the Dispute, to settle such Dispute in the first instance by mutual discussions between the Parties.

2.11.2 If the Dispute cannot be settled within thirty (30) days by mutual discussions as contemplated by clause no. 2.11.1, the Dispute shall finally be settled by arbitration in terms of the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof.

2.11.3 The language of the arbitration shall be English, and the place of arbitration including for holding of any and every proceeding shall be Vadodara, Gujarat, India.

2.11.4 There shall be three arbitrators. Each Party shall select one arbitrator within 30 days after giving or receiving the demand for arbitration. Such arbitrators shall be freely selected, and the Parties shall not be limited in their selection to any prescribed list. The two arbitrators selected by the Parties shall select the third arbitrator. If a Party does not appoint an arbitrator who has consented to participate within 30 days after the selection of the first arbitrator, the relevant appointment shall be made by under Indian Arbitration and Conciliation Act.

2.11.5 The award rendered shall be in writing and shall set forth in reasonable detail the facts of the Dispute and the reasons for the arbitrators’ decision.

2.11.6 The award rendered in any arbitration commenced hereunder shall be final and binding on the Parties.

2.11.7 Notwithstanding the above, during the pendency of any arbitration, the Parties shall continue to perform their respective obligations hereunder.

2.11.8 The provisions of this Clause no. 2.11 shall survive the termination of the Contract Agreement.

2.12 Jurisdiction: All the questions, disputes or differences arising under out of or in connection with the Tender/ Contract if concluded shall be subject to the exclusive jurisdiction of the court under whose jurisdiction the place from which the tender/ Acceptance of tender is issued, is situated i.e. Vadodara, Gujarat, India.


2.13 Execution: The whole contract is to be executed to the entire satisfaction of the purchaser.

2.14 Contractor's responsibility:

The Contractor shall be solely responsible for the execution of the contract in all respect in accordance with the conditions of the contract. Other than the Force Majeure condition if the contractor fails to execute the contractual obligation as per terms and conditions of the tender and due to which if GSECL suffers any financial losses. GSECL reserves the right to recover such financial losses as GSECL deems fit.

2.15 TRANSFER AND SUBLETTING:

The Contractor shall not sublet transfer, assign or otherwise part with the contract or any part thereof to any third party either directly or indirectly.

2.16 ISSUES RELATED TO ENVIRONMENT AUTHORITIES / PUBLIC:

Issue related to environmental issues including public grievances (if any) shall be the responsibility of the Contractor.

2.17 INDEPENDENT CONTRACTOR:

The bidders recognize and agree that the Contractor is not an agent or employee of Purchaser nor any affiliate of Purchaser and that Contractor is independent of any managerial or other control or direction by Purchaser and is free to perform, by such means and in such manner as Contractor may choose, all work in pursuance of commitments under the Contract.


ANNEXURE- I: TECHNICAL BID FORMAT Tender Specification No. GSECL/Fuel/ KR/Agency/August-2014 (This shall form the part of Technical Bid) (To be submitted on the letter-head of the Bidder) Bidder’s Details: 1. Offer Ref. No. & date:

2. Name of the Bidder:

3. Name and Designation of the person signing this bid:

4. Full Postal Address: Telephone No. Fax No. E-mail:

5. Details of Tender Fee: DD No. & date, Issuing Bank

6. Details of EMD: i) BG No. no., date, Issuing Bank

Valid up to OR ii) DD No, date, Issuing Bank

7. Validity of the Bids:

8. Year-wise experience of execution of order in satisfaction of the qualifying requirements specified under clause no. 1.5.2 (lakh Mt)

FY 2010-11 - FY 2011-12 - FY 2012-13 - FY 2013-14-

9. Copies of orders, performance certificates, etc. as specified under clause no. 1.5.3

(To be attached separately)

10. Details of organizational setup as specified under clause no. 1.5.8


11. Net worth as reflected in the audited balance sheet of the company (as specified under clause no. 1.5.9 (a)

FY 2011-12

FY 2012-13

FY 2013-14

12. Net Profit in the audited balance sheet of the Company (as specified under clause no. 1.5.9 (b)

FY 2011-12

FY 2012-13

FY 2013-14

13. Copies of audited annual accounts

for the last 3 financial years (i.e. 2011-12, 2012-13, 2013-14), bank credit limits, bank references, etc. as specified under clause no. 1.5.9(c)



14 Bid is submitted for: Please mention YES or NO as applicable.

TPS Mention YES or NO Ukai Gandhinagar Wanakbori Sikka

15. Any other information the bidder may desire to furnish.

Signature: Designation:

Name of the Firm: Address of the Firm:

Seal of Firm:


ANNEXURE-II: SCHEDULE OF DEVIATIONS Tender Specification No. GSECL/Fuel/ KR/Agency/August-2014 (This shall form the part of Technical Bid) Deviation, if any, taken by the Bidder shall be brought out specifically in this schedule. However, Bidder shall not indicate any details of prices in this Schedule of Deviation. Except the deviations brought out in this Schedule, all the other terms and conditions of the Tender Specification will be considered acceptable to the Bidder. Clause No. Deviation Taken Justification



Seal of Firm:


ANNEXURE-III: SCHEDULE OF EXPERIENCE Tender Specification No. GSECL/Fuel/ KR/Agency/August-2014 (This shall form the part of Technical Bid) Sr. No.

F.Y Name & address of the Order Placing Party

Work Order No. & Date

Qty. of Coal (in lacs Mt)

Value of order (Rs. In Cr.)

Period of contract

Order Qty.

Qty. Executed So Far

1 2010-11

2

2011-12

3

2012-13

4 2013-14



Seal of Firm:


ANNEXURE-IV: BID GUARANTEE FORM FOR EMD.

(BANK GUARANTEE ON NON-JUDICIAL STAMP PAPER OF Rs.100/-)

FOR TENDER NO._______________________________________________

WHEREAS Messer’s -----------------------------------------------------------------(Name & Address of the Firm) having their registered office at--------------------------------------------------- (Address of the firm’s Registered office) (Hereinafter called the ‘Tenderer’) wish to participate in the tender No.----------------------------------------------for ------------------ ------------------------------------------------ (Name work) for Gujarat State Electricity Corporation Ltd. (hereinafter called the “Beneficiary”) Rs. ___________(amount of EMD) and WHEREAS a Bank Guarantee for ---------------------------- (Amount of E.M.D) valid till------------------------(mention here date of validity of this guarantee which will be 4(four) months beyond initial validity of Tenderer’s offer), which is required to be submitted by the Tenderer along with the tender.

We, --------------------------------------------------- (Name of the Bank and address of the Branch giving the Bank Guarantee) having our Registered office at ------------------- (Address of Bank’s registered office) hereby give this Bank Guarantee No.---------- dated ---------------- and hereby agree unequivocally and unconditionally to pay immediately on demand in writing from the Gujarat State Electricity Corporation Ltd or any officer authorized by it in this behalf any amount not exceeding Rs.------------------(amount of E.M.D.) (Rupees-------------------------------)(in words) to the said Gujarat State Electricity Corporation Ltd. on behalf of the Tenderer. We---------------------------------------------------------------(Name of the Bank) also agree that withdrawal of the tender or part thereof by the Tenderer within its validity or Non submission of Security Deposit by the Tenderer within one month from the date tender or a part thereof has been accepted by the Gujarat State Electricity Corporation Ltd. would constitute a default on the part of the Tenderer and that this Bank Guarantee is liable to be invoked and encashed within its validity by the Beneficiary incase of any occurrence of a default on the part of the Tenderer and that the encashed amount is liable to be forfeited by the Beneficiary. This agreement shall be valid and binding on this Bank up to and inclusive of ---------------------------------(mention here the date of validity of Bank Guarantee) and shall not be terminable by notice or by Guarantor change in the constitution of the Bank or the firm of Tenderer Or by any reason whatsoever and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alternations made, given, conceded with or without our knowledge or consent by or between the tenderer and the Gujarat State Electricity Corporation Ltd. “Notwithstanding anything contrary contained in any law for the time being in force or banking practice, this Guarantee shall not be assignable, transferable by the beneficiary (i.e Gujarat State Electricity Corporation Limited). Notice or invocation by any person such as assignee, transferee or agent of beneficiary shall not be entertained by the Bank. Any invocation of the Guarantee can be made only by the beneficiary directly” NOTWITHSTANDING anything contained hereinbefore, our liability under this guarantee is restricted to Rs __________(Amt of E.M.D) (Rupees _____________________) (in words.


Our Guarantee shall remain in force till _________(Date of validity of the Guarantee). Unless demands or claims under this Bank Guarantee are made to us in writing on or before _______ (Date of validity of the Guarantee), all rights of Beneficiary under this Bank Guarantee shall be forfeited and we shall be released and discharged from all liabilities there under: Place: Signature of the Bank’s Authorized Date: Signatory with official seal

Please mention here complete Postal Address of the Bank with Branch Code, Telephone and Fax no


ANNEXURE - V: FORMAT FOR SECURITY-CUM-PERFORMANCE

BANK GUARANTEE (On Stamp Paper of Rs. 100/-)

We, Bank of _________________________________ hereby agree unequivocally and unconditionally to pay immediately, on demand in writing from the Gujarat State Electricity Corporation Ltd. or any officer authorized by it in this behalf, any amount and not exceeding Rs. ______________ (Rupees _____________________________________________) to the said Gujarat State Electricity Corporation Limited. on behalf of M/s._____________________________ _________________________________ who have entered into a contract for the works specified below: LOI No. __________________________________ dated ________. This agreement shall be valid and binding on this Bank upto and inclusive of __________________ (validity date) and shall not be terminable by notice or by change in the constitution of the Bank or the firm of Contractors or by any other reasons whatsoever and our liability hereunder shall not be impaired or discharged by any extension of time or variations or alterations made, given, conceded or agreed, with or without our knowledge or consent, by or between parties to the said within written contract. “NOTWTHSTANDING” anything contrary contained in any law for the time being in force or banking practice, this Guarantee shall not be assignable, transferable by the beneficiary (i.e, Gujarat State Electricity Corporation Limited). Notice or invocation by any person such as assignee, transferee or agent of beneficiary shall not be entertained by the Bank. Any invocation of the Guarantee can be made only by the beneficiary directly. “NOTWTHSTANDING” anything contained herein before, our liability under this guarantee is restricted to Rs. _____________ ((in words)(Rupees ___________________________ _______________________________________). Our guarantee shall remain in force until _______________ (date of validity of the Guarantee). Unless demands or claims under this Bank Guarantee are made to us in writing on or before _________( date of validity of the Guarantee), all rights of Beneficiary under this Bank Guarantee shall be forfeited and we shall be released and discharged from all liabilities there under:

Place: Signature of the Bank’s Authorized Date: Signatory with official Round seal Please mention here complete Postal Address of the Bank with Branch Code, Telephone and Fax no


ANNEXURE-VI: CONTRACT AGREEMENT This agreement is made at Vadodara the ________________ day of _______________ in the Christian year Two thousand Twelve between __________________________ (herein after referred to as “THE CONTRACTOR” which expression shall unless excluded by or repugnant to the contract include its successors or permitted assigns) of the one part and the Gujarat State Electricity Corporation Limited having their Corporate Office, Vidyut Bhavan, Race Course, Vadodara-390 007 (hereinafter called “The GSECL which expression shall unless excluded by or repugnant to the context include its successors or assigns) of the other part. WHEREAS the aforesaid GSECL has accepted the tender of the aforesaid contractors for ___________________________________________________________________ as per GSECL Order No. __________________________________________ hereinafter called “The Works” and more particularly described enumerated or referred to in the specification, terms and conditions prescribed in the Order letter, covering letter and other letters and schedule of price which for the purpose of identification have been signed by Shri _________________________ on behalf of the Contractors and by ___________________________ on behalf of the GSECL a list whereof is made out in the Schedule hereunder written and all of which said documents are deemed to form part of this contract and included in the expression “The Works” wherever herein used, upon the terms and subject to the conditions hereinafter mentioned. AND WHEREAS THE GSECL has accepted the tender of the contractors for the construction of the said works for the sum of Rs. ________________ (Rupees___________________________ _________________________________________ ) upon the terms and subject to the conditions herein mentioned. NOW THIS AGREEMENT WITNESSES AND IT IS HEREBY AGREED AND DECLARED THAT:-

1. The contractors shall do and perform all works and things in this contract mentioned and described or which are implied therein or there from respectively or area reasonably necessary for the completion of the works and mentioned and at the times, in the manner and subject to the terms conditions and stipulations contained in this contract and in consideration of the due provision, executions, construction and completion of the works agreed to b the contractors as aforesaid the GSECL doth_hereby covenant with the contractor to pay all the sums of money as and when they become due and payable to the contractors under the provisions of the contract. Such payments to be made at such times and in such manner as are provided by the contract.

2. The conditions and covenants stipulated herein before in this contract are subject to and without prejudice to the rights of the GSECL to enforce penalty for delays and / or any other rights whatsoever including the right to reject and cancel on default or breach by the contractors of the conditions and the covenants as stipulated in the general conditions, specifications, forms or tender schedule drawing etc., attached with GSECL’s Order No.___________________________ ________________________________ .


The contract value extent of supply delivery dates specifications and other relevant matters may be altered by mutual agreement and if so altered shall not be deemed or construed to mean or apply to effect or after other terms and conditions of the contract and the general conditions and the contract so altered or revised shall be and shall always be deemed to have been subject to and without prejudice to said stipulation. SCHEDULE List of documents forming part of the contract. 1. 2. 3. 4. 5. 6. 7. 8. In witness whereof the parties here to have set their hands and seals this day and month year first above written. 1. Signed, Sealed and delivered by :

(Signature with Name, Designation & Official Seal)

for and on behalf of M/s. ______________________ In the presence of Name, Full Address & Signature: i) ___________________________________________ ii) ___________________________________________ 2. Signed, Sealed and Delivered by:

(Signature with Name, Designation & Official Seal) for and on behalf of GSECL

In the presence of name, full address & Signature: i) ___________________________________________ ii) ___________________________________________


ANNEXURE- VII: PRICE BID FORMAT Tender Specification No. GSECL/Fuel/ KR/Agency/August-2014

(This shall form the part of Price Bid) Sr. No

Description

TPS

Service charges in Rs/Mt

Service tax in %

Service tax in Rs/Mt

Total in Rs/Mt

(a) (b) (c) d=(a)+(c)

1

Service Charges in Rs. Per Mt for Carrying of the services for ensuring same quality (same GCV band) of coal to various GSECL TPS as per Billed GCV band from Korea Reva coal field of SECL in close coordination with SECL, & Railways as per the scope of work, Terms and conditions of the tender specifications.

Ukai

2


Gandhinagar

3


Wanakbori

4


Sikka


Notes: 1. The quoted rates shall be on firm price basis without any escalation during the contractual period. 2. The quoted rates should be written in figure and also in words. 3. The service tax along with statutory variation as applicable at the time of supply shall be payable extra against submission of

documentary proof of having paid the same. 4. The rates quoted above covers the costs of all the relevant operations, works, other incidental expenses, etc. to fulfil the scope, terms

& conditions mentioned in the Tender Specification including all taxes, duties, levies, etc. except Service Tax. 5. Estimated Qty is only Approximate which may increase or decrease and vary widely. Payment will be made as per actual for the

quantities weighed at the loading end and un-loading end (i.e TPS end) on whichever is lower basis.

Signature

Designation: Name of the Firm: Address of the Firm: Seal of Firm: