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NOTICE INVITING TENDER TenderNo. CIL/C2D/Sec.II/Cartridge Explosives and Accessories/2010-2011/81 09.10.2009

Tender Fee: Rs.5000.00,

Estimated tender value: Rs 473 crore

Due on 16th November’2009

Issued against Cash Receipt No……… dated……… Instruction to Bidders

01. Offers in duplicate are invited from Indian manufacturers for conclusion of Running Contracts (RC) for supply of Cartridge Explosives and Accessories as indicated in Annexure-I for a period of one year (2010-11) w.e.f. date of issue of Running Contract to all the Subsidiary Companies of CIL including NEC. Apart from conclusion of RCs with the tenderers found eligible as per terms and condition listed in this NIT, another five number of firms (or less) for each item in each subsidiary co. would be empanelled as “Reserve RC holder” for supply of cartridge explosives and accessories during the contract period by entering into a suitable contract with them. They would be contractually bound to supply explosives and accessories with the same price and terms and conditions as awarded to successful tenderers at any point of time during the contract period

02. The offers shall be received in two(2) parts. Part-I i.e. “Techno-Commercial Offer” shall be submitted in a sealed envelope and Part-II, i.e., price bids will have to be offered with electronic reverse auction process during limited time period on a date and time to be communicated to the qualifying bidders based on the evaluation of Part-I offer.

03. A copy of the cash receipt issued from CIL towards cost of tender paper should be enclosed with the Part-I of the offer.

04. Name, Address, Tel No, Fax no and e-mail address of the Bidder, along with such details of the contact person of the bidder should be indicated at the 1st page of the offer.

Important: All notices to the bidders shall be sent by e-mail, during the process of finalization of the tender, by CIL as well as by the Reverse Auction service provider. All such notices sent by e-mail by CIL as well as by the reverse auction service provider shall, therefore, be deemed as valid notices. Hence the bidders are required to indicate their own corporate e-mail ID, which is currently valid, at the 1st page of the offer.

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05. The bidder(s) whose products are approved or has been successfully tested and tried at any of the CIL Subsidiary Cos., duly certified by CMPDIL, for the respective items and who are in possession of valid statutory license from the concerned licensing Authorities are only eligible to offer against this tender. A notarized copy of the relevant CMPDI test and trial certificate should be enclosed for such products, which are not listed at the ‘Approved Product List’ enclosed at Annexure-V.

The bidder should quote only for the product groups indicated at Annexure-I. Offers submitted by any bidder for products not falling under any of the product groups listed at Annexure-I will not be considered

The already approved product list under different categories is detailed in Annexure-V to facilitate the intending bidder(s) to quote accordingly However, bidders offering approved products listed in the NIT in Annexure-V need not submit notarized copy of CMPDI test and trial certificate. Such bidders shall have only to submit a declaration that their products have not been delisted by CMPDI or any subsidiary of CIL or by PESO.

Bidders offering products not listed in NIT in Annexure-V must submit successful CMPDI test and trial report for qualification purpose as detailed in this clause.

06. The offers are to be submitted in ‘Cover-I, Techno Commercial Offer’ should not contain the price. The cover should be properly marked. All envelopes must be sealed and super scribed the Tender No. with due date and time of opening. The name and address of the bidder must be indicated on the body of the envelope.

07. Sale of tender shall remain open w.e.f 14th October’2009, 10A.M. till 13th November’2009, 12 Noon.

08 The offers may be submitted latest by 11.00 AM on 16th November’2009

09. Part-I (Technical & Commercial Bids) only will be opened at 3PM on 16th November’2009 in presence of the authorized representative of the bidders who may like to attend the tender opening.

10. Reverse auction: Bidders, who qualify for bidding prices of offered products (on the basis of evaluation of their techno-commercial offers) shall be required to participate in an electronic reverse auction process to submit their price quotations against the items covered by this tender within a limited time period on a date as announced by CIL. Such bidders shall be allowed to participate in the reverse auction using their secured user ID and password to place their best bids during the auction period.

The date and time of conducting the reverse auction will be duly communicated to the qualified bidders in advance.

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Reverse auction is the simulation of the manual tendering process on the Internet. i.e., the eligible bidders/ contractors can log on to the internet site specified by CIL , using unique user ID and Password , which will be provided to them by the reverse auction service provider appointed by CIL and place their price bids on-line . The eligible bidders will be provided training by CIL’s reverse auction service provider on the methodology of submitting the bids online. Instead of a one time best price bid, the bidders shall now be able to interact and react on the spot to the changing competitive bids, taking advantage of the intrinsic transparency in the whole process.

During reverse auction process the bidders can respond on the spot to the price trends and can offer their competitive bids. The logged in bidders will know the prevailing lowest bid at any given point of time but not the identity of the other bidders.

The bidders can place their bids from any place for which they need is a desktop computer with a browser interface and good Internet connectivity.

Suggested system configuration for computers to be used for online bidding:

It is suggested that hardware and software of the following specification be used by the bidders for bidding so as to enable them to have better connectivity

Processor Pentium III and above Memory Minimum 64 MB Internet connection Speed Minimum 64 kbps Browser: Internet explorer IE 5.0 and above. UPS : Suitable UPS for uninterrupted power supply.

11. Training for reverse auction process

The detailed method for participating in the reverse auction shall be communicated to the bidders by the authorized reverse auction service provider appointed by CIL. The bidders have to Log on to the service provider’s web site and then click on the specified links to start participating in the reverse auction process.

A training program shall be arranged by the service provider at Kolkata for imparting training to the prospective bidders prior to the date of reverse auction. The date, time and venue of the training program shall be notified in advance. Bidders should send their authorized representative (one for each bidder) to attend this training. Though attending the training program is not mandatory, it is recommended that the bidders participate in the said training program in right earnest. All travel arrangements, if any, for attending the training program should be made by bidders at their own cost.

Bidders are also free to communicate with the contact person of the service provider to get all clarifications regarding the mode of the reverse auction. The name, address, contact phone number and e-mail ID of the contact person of the service provider shall be notified to the bidders in due course.

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Bidders shall be required to get them familiarized with the detailed step-by-step method of participation in the reverse auction and submission of on-line bid, by suitably getting in touch with the service provider. Failure to do so by any bidder shall be at their own risk and responsibility and CIL shall not entertain any request to re-conduct the auction process on the plea of lack of understanding of the auction process by a particular bidder.

12. Method of submission of on-line bid in the reverse auction:

a) Only such bidders who are found techno-commercially qualified as per NIT and have submitted the participation fee as mentioned in clause (b) below will be permitted to participate in the reverse auction. Such bidders will be provided with unique user ID and Password by the reverse auction service provider to enable them to participate in the auction.

b) Participation fee: All the bidders will have to submit a refundable fee for participating in the auction. Bidders, who have submitted earnest money against the tenders, will be exempted from depositing this fee. Hence bidders who are registered with NSIC/DGS&D or are PSU and so claim exemption from submission of earnest money and who may be granted such exemption during consideration of their techno-commercial bids, will have to submit this fee before they will be allowed for participating in the auction. The amount of participation fee will be same as that of EMD and shall be submitted by the bidders and treated by CIL in the same manner as EMD. The participation fee shall be released after finalization of tender

c) During the entire reverse auction process, the bidders will remain completely anonymous to all other bidders.

d) There will be a ‘ceiling price’ for each item going under reverse auction. The ‘ceiling price’ shall be the RC 08-09 price for that item/ subsidiary ruling on the day of reverse auction. No bidder can quote a price equal or higher than the ‘ceiling price’ for the particular item / subsidiary during the reverse auction.

e) During the reverse auction process prospective bidders shall not be allowed to increase their bid price after a bid is submitted by them. For example, if bidder, “A” has already submitted a bid of Rs.1000/-, any subsequent bid by the bidder, “A” has to be less than Rs.1000/-.

f) Another bidder “B” shall have the option to quote only lower or higher price than Rs.1000/- at that point of time but not Rs 1000/-. Even if he attempts to quote Rs 1000/-, the system will reject the bid with a suitable message on the screen.

g) The bid price for explosives and accessories can be reduced by a bidder by a minimum amount of Rs 100 only.

h) For any item unless a bidder places his first bid, he will not be able to see the other bids.

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i) No bidder at any point of time shall be allowed to quote a price which has already been quoted by any other bidder i.e. no two prices can be quoted same in the reverse auction process.

j) For LD explosives, evaluation of price will be made on composite basis to be worked out on the usage mix of a particular subsidiary as detailed in para-19 of Annexure-III, the system shall only display the composite price to be calculated based on the individual Column and Booster price to be quoted by the bidders. Therefore, the bid history shall reflect only the composite price calculated as explained above. The composite price will also not be same for two bidders even if any bidder makes such an attempt. The individual prices of column and booster shall not be displayed during the Reverse Auction process and shall be hidden but shall be available to all the bidders after RA is over

k) Only the chronologically last bid submitted by the bidder till the end of the auction will be considered as the valid price bid of that bidder. Any bid submitted earlier by the bidder prior to submission of his last bid and before close of the auction will not be considered as the valid price bid. l) The bid history i.e. all the last bids received from different bidders shall be displayed in the auction screen along with their rank (i.e L1, L2, L3, L4 etc.) during the bidding process at any point of time till the closure of bidding process. m) On expiry of the announced closing time of the auction, the bid history showing all the last valid bids offered along with name of the bidders will be published .All bidders shall have the facility to see and get a print of the same for their record. n) The auction floor shall remain open on a pre-announced date and time, which shall be intimated to techno commercially, qualified bidders in advance. The item wise/subsidiary wise time slots for Reverse Auction shall also be intimated to techno commercially qualified bidders in advance. There would be an option for auto extension of the bidding time by 5 minutes every time, if a bid lower the lowest bid till that time is received within the last 5 minutes of the initial time slot. Number of auto extensions shall be limited to three. o) At the end of the auction, the service provider, will submit in respect of each item the following to CIL

i. A complete statement of bids, showing the last bids submitted by all the bidders , duly authenticated by the service provider.

ii. A full bid trail report showing all the bids submitted by all the bidders at different points of time during the entire reverse auction period.

iii. The comparative statement of price bids with landed price calculated according to the guideline provided in the NIT.

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p) All electronic bids submitted during the reverse auction process shall be legally binding on the bidder. The chronologically last bid submitted by the bidder till the end of the auction as mentioned in clause (j) above will be considered as the valid price bid offered by that bidder and acceptance of the same by CIL will form a binding contract between CIL and the bidder for entering into a running contract for supply of cartridge explosives and accessories.

q) Bidders have to specifically accept the above methodology of submission of on- line price bid in the reverse auction

13. All envelopes containing the Part-I of tenders shall be properly sealed. Envelopes stapled shall not be accepted.

14. The complete offer should be typed in the letter head of the bidders.(Handwritten quotation will be summarily rejected). If firm’s letter heads are not sufficient to accommodate technical and pricing details and if other papers are used, such sheets along with other pages of the offer should be signed and stamped by company’s authorized signatory.

15. Bidders should sign with seal on all pages of their tender including all enclosures submitted with the tenders except printed leaflets / catalogues.

16. In case the Bidders submit self attested copies of registration certificate of DGS&D/ NSIC, License from BIS, PESO, ISO certificate etc. and approval certificate issued by DGS&D/other Independent Statutory Bodies of Govt. of India, along with the tender, such documents should be duly attested by Notary Public which shall be accepted as an authentic document.

17. Quotations, erased and over written, will be summarily rejected unless corrections are authenticated with the bidder’s signature.

18. The offer should be submitted strictly as per the terms & conditions laid down in the tender document, failing which the offer will be liable for rejection. In the event of the bidder remaining silent on any terms and conditions of the NIT, it will be presumed that the bidder(s) have accepted such terms and conditions.

19. Tenders may be deposited in person by the bidder in the Tender Box kept at Materials Management Division, Annexe Building, Coal India Ltd., 10, Netaji Subhas Road, Kolkata –700 001 or sent by post to the above address. Coal India Limited, however, does not take any responsibility for loss of tender in transit. Tenders sent thro’ Telegram, Telex, Fax or Email will not be considered.

However, in cases where the tenders are required to be submitted by hand, then in that case the same is to be submitted to Shri B.Biswas, MM (In-charge of Administration of MM Division) & in absence of Shri B.Biswas , the same is to be submitted to any of the undersigned.

20. Tenders received at MM Dept. of CIL at Kolkata in the address as at clause 19 above, after due date and time of opening shall be ignored.

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21. The complete tender document shall be available on the web site of Coal India Limited for purposes of downloading and offer made on the basis of such a tender document shall be considered valid for participating in the tender process. The last date of downloading the tender paper from the website shall coincide with the last date of manual sale of tender papers.

22. The bid submitted against the tender document downloaded from the web site shall be considered valid only when accompanied by a Bank draft drawn in favor of Coal India Limited payable at Kolkata towards the cost of the tender documents indicated on the NIT. The bank draft should accompany the part-I of the bid.

23. CIL reserves the right to reject or accept or withdraw the tender in full or part as the case may be without assigning reason thereof.

24 If any information is not submitted as per NIT sequence/serial number-wise, it may be understood that the bidder has not submitted the same and his offer may be considered as incomplete and hence may not be considered as an acceptable offer.

25. No deviation of the terms and conditions of the tender document is acceptable. Terms and conditions which are in deviations of the tender terms will make the tender liable for rejection.

26. CIL reserves the right to shorten/extend the period for supply of materials while concluding the contract at the same terms, conditions and price or any other price. CIL also reserves the right to short close the contract in case of breach of terms and conditions of the contract by the bidder or any other reason deemed necessary by CIL.

27. Information/documents are to be furnished serial wise of the respective annexures of the NIT. If no information or document is applicable against any serial number, please mention – NIL, against that particular serial number. If any information is not submitted as per NIT Sequence/Sl. nos. then it may be construed that bidder has not submitted the same and his offer may be considered as incomplete offer. Please submit index of the offer indicating details as per NIT Serial Nos/Sequence.

28. CIL/Subsidiary companies reserve the right to physically and by any other method(as applicable) verify the documents and other infrastructure facilities (e.g. Explosive Magazine, Explosive Vans, Testing facility etc.) mentioned in the offer and in the event of the results of verification not matching with the information submitted in the offer, suitable penal action may be taken including cancellation of order, Banning/ suspension of business with the bidder.

29. A single affidavit sworn before a first class judicial magistrate as per format enclosed at Annexure X has to be submitted by the bidders certifying the authenticity and statement made in the bid as well as documentary support of such statement submitted with bid. Failure to submit the above affidavit shall disqualify the bidders from further consideration of their bids.

On the basis of the above affidavit, scrutiny of the techno-commercial bid by CIL shall be made based on the information furnished by the bidders in the techno commercial details as per annexure I, II and III without any verification of the supporting documents

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However, Notarized copies of all documents and statements duly stamped and signed by the bidders, have to be submitted by the bidders and CIL shall consider them without any verification with original. CIL will reserve the right to carry out any verification etc at a later stage, if necessary and take suitable action including damages against the bidder if any information is not found to be correct or authentic.

30. Supply of extra quantity: In case of failure of a particular RC holder to supply the cartridge explosives or accessories, the unsupplied/ balanced order quantity may be cancelled/reduced from the contract of the defaulting supplier after giving due notice to him and the cancelled order quantity of the defaulting supplier shall be re-distributed amongst other suppliers, including Reserved RC holders, as the case may be, within that subsidiary co. The opportunity to supply extra quantity shall be given first to existing RC holders and if the requirement is not met, then to Reserve RC holders. The distribution of extra quantity amongst the RC holders/ Reserve RC holders may be done preferably in an equitable manner but supplies not being delayed on this ground. Subsidiaries shall have the liberty to obtain extra supplies first from any/all of the RC holders and then from any/all the Reserve RC holders.

31. Integrity Pact: The bidders have to sign the Integrity Pact enclosed at Annex-XII and submit the signed document along with Part-I of their offer, failing which their offer will not be considered and their price bid will not be opened. The three Independent Monitors nominated for this tender shall be as under,

i) Sri S.K. Chatterjee, IPS(Retd.), Plot No. C-1377/3, Sector-6, CDA, Bidanasi, Cuttak-753014. Telephone No. 0671-2606860 - 09437295365

ii) Sri D.Bandyopadhyay, IAS (Retd.), GD-89. Sec.III, Salt Lake, Kolkata-700106. Telephone No. 033-23348534 / 09830225621

iii) Sri C.S. Samal, IAS (Retd). CA-193, Sec-I, Bidhan Nagar, Kolkata-700064. Telephone No. 23212297 / 23213385

32. Anti Cartelization: In case of cartelization or apparent cartel formation, CIL reserves the right to, (i) ban or suspend business with the suspect bidders and cancel their bids without assigning any reason thereof and (ii) to place order on one or more firms with exclusion of the rest without assigning any reason thereof.

The matter of cartelization or collusive bidding based on any material or circumstantial evidences or otherwise would be decided by the IEMs nominated for this tender.

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33. The Tender Document consists of the following Annexure:

1. Annexure–I Indicative Subsidiary-wise requirement of Cartridge Explosives & Accessories: 2010-11 2. Annexure-II Information to be submitted in Cover –I (Technical Details)

3. Annexure-III Information to be submitted in Cover –I (Commercial Details)

4. Annexure-IV Information to be submitted in Price Details

5. Annexure-V Approved Product List of Cartridge Explosives & Accessories

6. Annexure-VI Evaluation of Techno Commercial parameters for Qualification.

7. Annexure-VII General Terms and conditions of supply of Stores.

8. Annexure-VIII Proforma of Security Deposit Bank Guarantee.

9. Annexure-IX Check List

10 Annexure-X Form of Affidavit for submission of documents in the tender

11 Annexure-XI Benchmark Powder factor for each mine

12 Annexure-XII Integrity Pact

Enncl: Annex-(I) to (XII)

(Parthaasis Ram) (S.K Mitra) Materials Manager Chief Materials Manager

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ANNEXURE-I Indicative requirement of cartridge explosives & accessories in 2010-11

Sl Product Group Subsidiary wise requirement of Coal India Limited

1 Non Permitted ECL BCCL CCL WCL SECL MCL NCL NEC Total LargeDia Expls (MT) (MT) (MT) (MT) (MT) (MT) (MT) (MT) (MT) Usage Ratio : 70/30 70/30 75/25 79/21 75/25 77/23 70/30 67/33 Column/Booster 1.1 Low strength 3910 6300 9750 16525 15090 8488 342 426 60831 Column 1.2 Low strength 1676 2700 3250 4475 4015 2514 208 451 19289 Booster Total 5586 9000 13000 21000 19105 11002 550 877 80120

Note.1: The usage ratio mentioned above is the average usage ratio for the whole of a subsidiary and the actual usage/consumption may vary from mine to mine within that subsidiary co.

Sl Product Group Unit Total

2 Permitted Explosives 2.1 P1 with DGMS permission for use in degree 1 mine MT 4188 2.2 P3 with DGMS permission for use in degree 2 mine MT 2762 2.3 P5 with DGMS permission for use in degree 3 mine MT 20499

3 Copper Instantaneous Electric Detonator for UG mines (CED) 3.1 CED -- 1.8 M with DGMS permission for use in degree 3 mine KN 6650 3.2 CED -- 2.0 M with DGMS permission for use in degree 3 mine KN 651 3.3 CED -- 2.5 M with DGMS permission for use in degree 3 mine KN 6005 3.4 CED -- 3.0 M with DGMS permission for use in degree 3 mine KN 300

4 Copper Delay Detonator(CDD) 4.1 CDD --2.5 M with DGMS permission for use in degree 3 mine KN 41734 4.2 CDD – 3.0 M with DGMS permission for use in degree 3 mine KN 705

Note 2: For Permitted explosives, CED and CDD, the offered product should have valid DGMS approval for the specified degree of gassiness/mine mentioned above. Bidders may like to submit offers without the requisite DGMs approval but the necessary valid DGMS approval must be submitted to MM division, CIL latest by 31st December’2009, failing which the offers for the particular items shall not be considered.

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ANNEXURE-I

Indicative requirement of cartridge explosives & accessories in 2010-11

Sl Product group Unit Requirement

5 Detonating Fuse(DF) 5.1 DF—10g charge KM 70920 5.2 G Cord KM 28

6 Cast Booster (CB) 6.1 PETN TNT based Cast Booster MT 721 6.2 Emulsion Cast Booster MT 139

7 Cord Relay (CR) KN 1553 8 Non Electric Detonator (NED) KM 34968 9 MS Connector (MS) KN 207

KN—‘000 Nos (Thousand numbers). KM—‘000 Mtr (Thousand meters)

SALIENT CONDITIONS FOR ACCEPTANCE BY BIDDER

CIL reserves the right to issue Running Contract only for the quantities actually required by the subsidiary companies. CIL also reserve the right to allocate any quantity to any subsidiary company within +/- 20% variation of the Running Contract quantity every year. Bidders shall be required to accept the order for such higher quantity at the same terms, conditions and price during the validity of the Running contracts.

Bidders shall quote their rates for the above items in terms of the respective units as indicated above against each product group.

For Non-Electric detonators (sl-8), bidders should confirm that they would supply any length as per requirement of user. The offer quantity of Non- Electric detonators which shall be in KM shall be divided by 3(three) to convert the offer qty in KN, for comparing with PESO License capacity, if the PESO License is given in Nos.

For Cast Booster (Sl. 6) bidder should confirm that they would supply in 100gm/250 gm/ 500 gm package as per requirement of the user.

The offer in respect of quantity of the above products shall not exceed the above tendered quantity, subsidiary wise in case of LD and CIL as whole in case of other items.

Offers made for products not falling under any of the above product groups shall not be considered.

Offer quantity of LD column and LD Booster for each subsidiary co. must be quoted separately by the bidders.

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Annexure-II

TECHNICAL DETAILS FOR CARTRIDGE EXPLOSIVES & ACCESSORIES.

Part-I. (TECHNICAL DETAILS) should contain the following,

The summarized statements in respect of the below mentioned clauses must indicate the page nos, where the base documents are given and on which the compilation/summary has been made.

1. Offer Capacity – The annual offer qty of each product offered by the bidder must be indicated. Also the monthly capacity to deliver the offered products should be indicated. The annual offer qty for each product should not be less than 60% of the latest annual PESO License capacity but not exceeding total tender qty, failing which the offer shall be liable for rejection. The offered products should be strictly as per the product groups listed at Annex-V.

For group of items like explosives, detonators, etc if the PESO License does not indicate the item wise break up of License Capacity, the total offer qty of such group of items should not be less than 60% of the latest annual PESO License capacity but not exceeding total tender qty.

T-1 :Quantity offered product wise not exceeding the tender quantity

Sl Product Trade Total offer Monthly Page No. in offer Group Name of qty capacity where documents are Product to deliver available Offered

2. PESO License Capacity—The manufacturing capacity as per license from Chief Controller of Explosives for the offered products must be indicated. The PESO Licence capacity should be indicated separately for each of the product groups listed at Annex-I. Notarized copy of the valid License of PESO and/or the Application for Revalidation of License (duly receipted by PESO, Nagpur) must be submitted along with the Capacity of the Magazines in the Factory Premises with the Monthly Rotating Capacity. If the Valid License and/or the Application for Revalidation of License (duly receipted by PESO, Nagpur) or their notarized copies are not enclosed along with the offer, the offer will be liable for rejection.

T-2: Details of itemwise PESO licence Nos., validity period and annual License capacity

Sl Product Product PESO Valid up PESO Page No. in offer where Group Trade License to(date) License documents are available name No. and Capacity date

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3. The bidder should indicate the infrastructure with Magazine details and Van License No. and its validity, whether Owned/Leased and distribution arrangement of explosives and accessories to collieries of all subsidiary companies of CIL. Details should be provided giving location wise magazine capacity, name of the Sub. Cos. proposed to be served from the Magazines, one-way distances of the Magazines from the Factory and from the Areas proposed to be served from these Magazines and details of van fleet specifying the Capacity & the Registration No. of Explosive Van to transport the Explosives. Bidders may indicate benefit accrued to CIL due to their existing infrastructure. Notarized Copy of the valid License of each Magazine from Chief Controller of Explosives should be submitted along with the offer.

T-3: Magazine details

Sl Name of Address of Products Name of Distance Sub. Co. Pg No The magazine the magazine stored Owner from factory Served of offer

T-4: Explosive Van details

Sl Vehicle Van Validity Van Name of Sub. Co. Pg No No License No. of License Capacity Owner served of offer

If any Bidder proposes to supply Explosives/Accessories through Magazines having License in the name of Consignment Agent, the Bidder must enclose the copy of the Magazine License in the name of the Consignment Agent & a copy of the Agreement between the Bidder and the Consignment Agent, duly self attested.

4. A Consolidated statement in tabular form is to be given indicating the No. of Magazines, Magazine License No. & the Period of Validity, Location of Magazine, Storage Capacity of Magazine, Monthly Rotating Capacity of Magazine, Class of the Product for which Magazine is meant for and the relevant page no. in the offer where documentary evidence has been enclosed .

T-5 :Total capacity of magazine and no. of Coalfields where magazines are located

Sl Name of Valid Capacity Rotating Name of the Page No. in the PESO’s with Unit capacity as Coalfields offer where magazine license No. per PESO where documents & date license magazines are are covered available

5. Technology applied for production of Explosives, Detonators, Non Electric Detonators, Cast Booster and Detonating Fuse indicating whether the bidder is manufacturing slurry or emulsion etc. as the case may be, should be indicated.

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6. R&D, Test Facilities and ISO Certificates – Whether Govt. recognized and with brief details of work done should be indicated. The details of benefit accrued to CIL due to their R&D activities and a notarized copy of valid ISO Certificate must be submitted along with the offer. Firms not having valid ISO certification will be disqualified for opening of price bid.

T-6: Possession of ISO certificate

Sl Certificate Issuing Validity Period Page No. in offer No./Date Authority where documents are available

7. Technical service set up – The bidder(s) are required to furnish details of such facilities in subsidiaries with number of Mining Engineers with Name, Qualification & Experience employed Subsidiary-wise and also indicate record of work done for last three years Subsidiary-wise. (Mining Engineer means holders of Graduate degree in Mining engineering or equivalent or Diploma holders in Mining Engineering or equivalent).

T-7: Details of Mining Engineers

Sl Subsidiary No. of Enginrs Name of Mining Qualification Experience posted Engineers

8. Factory location with equipment details, List of Quality assurance personnel with Name, Qualification & Experience & factory manpower strength with number of technical staff should be mentioned.

9. The bidder must confirm regarding latest statutory/PESO’s Notification/DGMS approval for the products quoted. Necessary details regarding this must be furnished. Product not having the statutory/PESO’s Notification/DGMS approval for which such approval is necessary should not be offered. Notarized copy of valid Statutory/DGMS approval/PESO’s Notification must be enclosed (duly self attested). For permitted explosives (P1, P3, P5), CED and CDD, DGMs approval for the degree of gassiness/mine specified in Annexure-I would be required. The last date of submission of valid DGMS approval shall be 31st December’2009 at MM division CIL, failing which the offers for the particular items shall not be considered.

10. Bidder should furnish technical details of their product e.g. Brand name, Dimensions, Velocity of Detonation (VOD) (Unconfined), DENSITY, BULK STRENGTH & WEIGHT STRENGTH (in comparison to AN), AGS (Air Gap Sensitivity), Cap Sensitivity, Water Proof ness and APPLICABILITY etc. for explosives. The Specifications of Detonators i.e. (a) Strength of Detonators, (b) Resistance of Detonators & (c) Water Proof ness of Detonators & those of Detonating Fuse i.e. (a) Diameter, (b) VOD & (c) Water Proof ness are also to be furnished. All such information should be furnished in tabular form separately for each group of products.

Details of acceptable technical specification & other commercial requirement vis-à-vis Evaluation Criteria are detailed in Annexure-VI.

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11. The following technical criteria shall be essential and mandatory for compliance by the bidder(s). If a bidder does not fulfill the same, the tender will be rejected outright without any further reference to the bidder,.

Sl Particulars 1 Facility for testing of quality parameters like Velocity of Detonation (VOD), Density, Cap Sensitivity & air Gap Sensitivity and Continuation of Detonation for Cartridge Expl . 2 Facility for testing of raw materials like Oxidizer and Fuels.

The details of equipment required for the above are given below:- i) Facility for Testing of Quality parameter Sl. Particulars Details of available facilities 1 Safety Room for field testing of Explosives 2 Suitable Pit with Safety Zone for Testing 3 Suitable Equipment for Density Measurement 4 Aluminium Plate/Plastic Plate(As per BIS Norms for VOD Testing) 5 Exploder with Cable 6 Cap Sensitivity Testing Facility 7 Air Gap Sensitivity Testing Facility 8 High Pressure (Water Resistance Test) Vessel 9. Facility for Drop Test (for Detonators) ii) Raw Materials Testing for Quality Control

Sl. Particulars Details of available facilities 1 Equipment for Titration 2 PH Meter 3 Digital Capacitance Meter 4 Viscometer 5 Dean & Stark Distillation Apparatus 6 Mantle Heater 7 Hygrometer 8 Hydrometer 9 Water Bath 10 Digital Thermometer 11 Water Distillation Unit 12 Sieves of various Meshes 13 Chemical Balance 14 Various Chemical Reagent

The above equipment must be available all the time in the Explosive Factories.

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The bidder should confirm the above in their offers, by enclosing an undertaking in a Court Stamp paper of worth Rs.50.00 only about the availability of all the referred equipment and testing facilities in the respective factories as under :

“We hereby confirm that essential equipments required for testing of explosives as detailed above are being possessed and maintained by us for the required purpose.

In the event of surprise checking by CIL or its sub. Cos. or any agencies of CIL if there is a deviation as confirmed by bidder as above then the Running Contract will be short closed and necessary penal action will be taken by CIL.

12. Bidder must furnish details about test conducted by CMPDIL or any other users in PSU as applicable.

13. CIL/Sub. Co./CMPDIL/CMRI/PESO will conduct Random Testing of the Explosives & its Accessories supplied and in case the Tendered Limit of the Technical Parameters cannot be achieved from the Explosives supplied from time to time, the allocation of Explosives given to any supplier be withdrawn. The testing charges will be borne by the suppliers. Subsidiaries of CIL are to submit the random test results time to time of the suppliers to HOD(Production), CIL for consolidating the same and updating their record of individual firms performance. Monitoring of Optimum Blast design provided by the supplier shall also be done by HOD(Prodn), CIL.

14. In addition to normal after sales services, technical services are to be provided as follows:-

(i) For every order of 2000 tonnes per year or part/60 Lakh Detonators per year or part/30 Lakh Mtrs Detonating Fuse/Non-Electric Detonating System, one/group of Mines will be chosen by subsidiary company/CIL which will have to be studied by the technical services team of the manufacturer with a view to improving drilling pattern and blasting efficiency.

This special technical service should be provided at selected mines simultaneously and therefore the manufacturer must ensure adequate number of technical services team on the basis of the order of 2000 tonnes or part/60 Lakhs Detonators or part/30 Lakhs Mtrs. Detonating Fuse or part to be available as required. The report submitted to subsidiary company/CIL by the manufacturer should be countersigned by the Manager of the Colliery. Manufacturer should submit a copy of the report every six months at which interval report of performance will be undertaken by CIL which may involve revision of order quantities. Bidders should give details of their organization for providing after sales technical services.

(ii) At least one technical representative should be posted in each subsidiary. However, in case of SECL and MCL, in view of geographical distances two separate representatives (each) for Korba and CIC of SECL and Talcher and IB Valley of MCL should be posted.

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(iii) CIL reserves the right to ask for a joint test of supplier’s products. CIL will draw periodic random samples from the system and get the same tested by Subsidiary Co./Independent Testing Organization to ascertain the quality of materials being supplied by the firm. Fees for such Tests shall be borne by the suppliers. It is also the responsibility of supplier to get their supplies tested time to time at the subsidiaries to maintain product quality.

(iv) Whenever any manufacturer supplies any explosives for the first time, technical report should be presented to Subsidiary Co. to whom allocation is proposed to be given, before the explosives & its Accessories are used in any colliery and the manufacturers representative should be available for advice.

(v) Whenever the Explosive Efficiency comes low, the manufacturer should give technical expertise in designing the pattern of blast holes to improve the blasting efficiency depending upon the requisition by the subsidiary.

(vi) Whenever there is a special problem like vibration and noise near any structure or dwelling, technical representative from the manufacturer should immediately attend to them and solve the problem.

(vii) Periodical workshop should be conducted by the various manufacturers to explain the technical details of their product as well as to make the people understand and implement the uses of the explosives & its Accessories for safe and efficient operation. (viii) Quarterly technical service report should be submitted by all the manufacturers with copies to our concerned subsidiary companies.

Specific confirmation that special technical services along with the endorsement by Subsidiary Co’s Coordinators which was provided, must be given in the offer.

15. The bidder should give list of users, other than CIL, of their Cartridge Explosives and Accessories during the period 2008-09.

16. TRAINING

The bidder will have to provide training to improve utilization of explosives and blasting efficiency. Details of training to be provided should be indicated. A training program acceptable to CIL/Sub.Cos. should be conducted on half yearly basis for improving Blasting Efficiency. The bidders are to provide one Mining Engineer for every 300 MT of explosive supply or part thereof subject to maximum of 10 heads for each subsidiary company.

17. The manufacturer of all kinds of Detonators/Non Electric Detonators should follow a system by which the Electrical Continuity, Resistance Testing & Other Tests should be ensured by them and they should give a certificate accordingly, in addition to the conditions to be complied with in reference to the permission being accorded to the respective manufacturers by DGMS/PESO.

18. The suppliers must also ensure compliance of all relevant statutory requirements under Mines Act 1952 & CMR 1957.

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19. The supplier has to get their products checked on random basis through the facility already introduced in the respective subsidiaries or through any other subsidiary where this system has already been introduced. The random checking will be liability of the suppliers to be done on the advice of the subsidiaries concerned. The details of benefit accrued to CIL due to the Tenderers’ R&D activities should be submitted along with the offer.

20. POWDER FACTOR

Bidders shall confirm that their supply shall achieve the mine-wise benchmark Powder Factor separately for Coal and OB in Departmental as well as Outsourcing Patches as indicated in Annexure XI during the entire period of the contract. Failure to achieve the benchmarks listed in Annexure-XI shall attract penalty as detailed at sl 16 of annex-III.

In case of new mines i.e. new projects/patches including outsourcing and hired HEMM patches, which may come up during the tenure of the contract and for which benchmark powder factor is not mentioned in Annexure XI , the subsidiary shall formulate the powder factor in a notional manner, in consultation with CMPDIL based on the PF of a neighboring mine or similar strata/mines Such PF duly approved by CMD of the concerned subsidiary company will be treated as benchmark and shall be binding on the bidder/supplier.

The mine wise actual achieved powder factors shall be declared by the subsidiaries every month. The method of calculating the achieved powder factor shall be same method by which benchmark powder factors are calculated.

Mine wise benchmark PFs may be reviewed by the CMD of the Sub. Cos. on yearly basis, during the tenure of the contract, if the deduction at such mines exceeds 20 % of the price of explosives. The revised PF, if any, shall apply during the tenure of the contract.

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ANNEXURE-III PART-I (COMMERCIAL DETAILS)

Bidders shall furnish the details and/or confirm their acceptance of the details given below,

01. EARNEST MONEY/SECURITY MONEY: a) The value of Earnest Money to be deposited by the bidder shall be Rs.10, 00,000/-. EMD should be in the form of Demand Draft drawn in favor of Coal India Limited and payable at Kolkata and must accompany the quotation i.e. Cover-I of the bid. For unsuccessful bidder EMD shall be refunded immediately after finalization of the tender. EMD shall be forfeited if any bidder withdraw their offer before finalization of the tender or fails to submit order acceptance within 15 days from the date of order or withdraws the offer after submission of the offer at any point of time after opening of tender. For successful bidders, EMD shall be released after finalization of tender and receipt of Security Money (wherever applicable). Participation fee as per clause 12(b) of ‘Instruction to Bidders’ of the NIT will be the same for participation in reverse auction. b) The value of Security Money to be deposited by the successful bidder in the form of Bank Draft drawn in favor of Coal India Limited, Kolkata or Bank guarantee of any scheduled Bank in the specified format(copy enclosed at annexure-VIII) shall be 10% of the value of the awarded contract(including taxes and duties). For successful bidder, Security Money will be refunded to the firm within 30 days of satisfactory execution of the contract and in case no claim is pending against the RC holder. For unsatisfactory performance and/or contractual failure, the security money shall be forfeited. Two weeks time (15 days) shall be given in the order to the successful bidder to furnish the security deposit. In case the firm fails to deposit the security money, payment of their bills shall be released after deduction of 10%of the bill amount till the RC holder submits the Security Deposit bank Guarantee(SDBG) and the same is accepted by CIL/ subsidiaries. However such deduction of 10% of bill amount may continue till full amount of SDBG i.e 10% of contract value is available with Coal Company as a deposit.

c) If any State/Central Govt. Organization/PSU & valid DGS&D/NSIC registered (for the tendered items) firm can produce documentary evidence issued by Govt. authorities for according exemption towards submission of EMD/SD, they may be considered for exemption from submission of EMD/Security Deposit. However no exemption will be given for payment of participation fee for participation in the reverse auction.

d) Both Earnest Money and Security Money will not fetch any interest.

02. VALIDITY:

The offer of the bidders shall remain valid for 180 days from the date of opening of Part-I of the tender. The bids submitted in the reverse auction within these 180 days will be valid for the remaining part of the 180 days i.e. valid from the date of reverse auction to the end of 180 days. However CIL reserves its right to ask the bidder to extend the validity period of the offer.

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03. PRICE

3.a) The RC price for LD and permitted explosives shall be revised on quarterly basis based on the price variation formula indicated below. The base price for each revision shall be the price finalized in the previous quarter/year

Price Variation Formula for Cartridge explosives (LD and Permitted explosives),

Pr = Po (0.15 +0.10 x Clr/Clo + 0.65 x ANr/ANo + 0.10 x HSDr/HSDo), where

Pr = Revised price of Cartridge explosives on the date of price revision Po = Base price of Cartridge explosives as on base date

Clr = All India Consumer Price Index for industrial workers [All India(2)] on a date three(3) months prior to the date of price revision. Clo =All India Consumer Price Index for industrial workers [All India(2)] on a date three(3) months prior to the base date, as available in website www.rbi.org.in

ANr = Composite price of Ammonium Nitrate (AN) on the date of price revision. ANo = Composite price of Ammonium Nitrate (AN) on base date

The composite price of AN shall be calculated based on 67% domestic AN price and 33% imported AN price. The domestic price of AN shall be the ex-works AN (100% Melt) price of RCF (Rs/MT) valid on the particular dates (base date & revision date). The import price of AN shall be the ‘Reference Price pertaining to Suspension Agreement’ published by US Govt in www.trade.gov on the particular dates (base date & revision date). Since the import price (FOB) is in USD/MT, it shall be converted to Rs/MT by multiplying with the RBI reference exchange rate valid on the particular dates available from www.rbi.org.in.

HSDr = Revised price of HSD of IOCL, Retail outlet price at Kolkata, as available in website www.iocl.com , as on date of price revision. HSDo = Original price of HSD of IOCL, Retail outlet price at Kolkata as on base date, as available in website www.iocl.com .

i) The base price shall be the RC price to be finalized against the 2010-11 tender and the base date shall be start date of the RC, ii) All indices shall be measured from the base date except the All India Consumer Price Index for industrial workers (Clr/Clo) which shall be measured from a date three(3) months prior to the base date,, iii) The price revision shall be on quarterly basis w. e. f. RC date and will not have any ceiling. iv) The revised price/indices of each quarter shall be the base price/indices for next quarter.

3.b) The RC price of accessories (CED,CDD, D.Fuse, Cast Booster, NED, Cord Relay and MS connector) i.e items other than LD and Permitted expl, finalized against the current tender shall remain firm during the RC period/extended RC period.

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04. MINIMUM OFFER QUANTITY

a) For all items, the bidders shall have to offer at least 10% of the total tender qty, or 60% of the latest annual PESO License capacity, whichever is more, but in no case the offer should exceed the tender qty.

For group of items like explosives, detonators, etc if the PESO License does not indicate the item wise break up of License Capacity, the total offer qty of such group of items should not be less than 60% of the latest annual PESO License capacity but not exceeding total tender qty. b) In addition to above, for LD explosives, since tender is called on subsidiary basis, bidders must offer at least 10% of the requirement of each individual subsidiary and NEC and offer must be made for all subsidiaries including NEC. c) The item wise offer quantity can not be reduced at any stage till the conclusion of RC and any attempt to reduce/restrict the offer quantity at any stage before conclusion of RC shall be construed as withdrawal of offer and shall be treated as per terms of this NIT including cancellation of offer and forfeiture of EMD/Participation Fee.

05. QUALIFICATION CRITERIA

1. The bidder shall have to offer minimum offer quantity as detailed at para 4 above.

2. The bidder has to secure minimum 50% marks in each of the Group-I, II & III and at least 55% in aggregate as detailed at Annexure-VII.

3. Firms not having valid ISO certification will not be considered for reverse auction.

4. The firms will also have to fulfill the mandatory technical criteria listed at Annex- II.

5. The bidders have to confirm that they will meet the benchmark powder factor as stipulated at Clause 20 of Annexure II of the NIT.

6. The bidder(s) whose products are appearing in the approved product list in the NIT are eligible to offer against this tender. The bidder(s) whose products are not appearing in the approved product list in the NIT but has been tested and tried at any of the CIL Subsidiary Cos., duly certified by CMPDIL, for the respective items and are in possession of valid statutory license from the concerned licensing Authorities are only eligible to offer against this tender.

7. The bidders shall submit the affidavit duly sworn as per format at Annexure X.

8. It shall be obligatory on the part of the L2, L3…. bidders to match individual rates of column and booster of LD explosives quoted by the composite L1 bidder as detailed at clause –19 of Annex-III of NIT..

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The bidders who do not meet the above criteria will not be allowed to participate in the reverse auction. Failure to meet any of the terms listed in this para (05) shall make the offer liable for rejection without back reference to the bidder.

The offer quantity vs 60% of annual PESO License Capacity vs tender qty for each product {as per sl 5.(i)} should be submitted in the tabulated form as per the following format

S Product Product Tender Offer PESO Lic 60% of PESO 10% of l Group Name Qty Qty Capacity License Cap tender qty

06. DURATION OF CONTRACT:

The contract will be valid for one year with effect from date of issue of Running Contract (2010-11). However CIL reserve the right to rescind in case of breach of terms and conditions of the contract by the bidder. CIL also reserves the right to extend the validity period of the contract.

07. DELIVERY a) Subsidiary wise RC quantity shall be indicated in the RC itself. Monthly allocation will be issued by subsidiary companies every month. The supplier is liable to supply any quantity of any item to any subsidiary of CIL & NEC as per allocation made by subsidiary companies according to delivery period specified by the subsidiary companies. b) For each product, the qty/numbers/lengths (as applicable) that can be packed in commonly used sizes of container shall be indicated in the following manner

Sl Product Type of container to Nos. packed in such be used type of Container

c) The bidders will have to supply any product as offered by him on FOR destination basis to any place in any of the seven subsidiaries of Coal India Limited including NEC.

d).CONSIGNEES: Consignees are CGM/GM(In-charge for explosives) or their representatives of all the Subsidiary Companies.

e) The monthly allocation shall be issued by the consignee latest by the last week of preceding month. The supply should be completed within the month for which allocation is issued; failing which Liquidated Damages shall be applicable as stipulated in the RC.

f) It would be mandatory for the RC holder to maintain 90 % delivery performance (supply against allocation) to be evaluated on yearly basis for all consignees taken together. In case the delivery performance for the RC holder falls below 90%, CIL reserves the rescind the RC for that particular item and the balance RC quantity for that item may be purchased from any of the existing RC holders or empanelled “Reserve RC holders” or outside vendors by CIL/ Subsidiary on risk purchase basis

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08. LIQUIDATED DAMAGES

In the event of failure to deliver or dispatch the stores within the stipulated date/period in accordance with the samples and/or specifications mentioned in the supply order and in the event of breach of any of the terms and conditions mentioned in the supply order, Coal India Ltd. and its Subsidiary Companies should have the right,

(a) To recover from the successful bidder as agreed liquidated damages, a sum not less than 0.5%(half percent) of the price of any stores which the successful bidder has not been able to supply as aforesaid for each week or part of a week during which the delivery of such stores may be in arrears limited to10%. Where felt necessary the limit of 10% can be increased to 15% at the discretion of Head of the Materials Management Division.

(b) To purchase elsewhere, after due notice to the successful bidder on the account and at the risk of the defaulting supplier the stores not supplied or others of a similar description without canceling the supply order in respect of the consignment not yet due for supply or

(c) To cancel the supply order or a portion thereof, and if so desired to purchase the stores at the risk and cost of the defaulting supplier and also –

(d) To extend the period of delivery with or without penalty as may be considered fit and proper, the penalty, if imposed shall not be more than the agreed Liquidated Damages referred to in clause (a) above.

(e) To forfeit the security deposit full or in part.

(f) Whenever under this contract a sum of money is recoverable from any payable by the supplier, Coal India Limited and its subsidiary companies shall be entitled to recover such sum by appropriating, in part or in whole by deducting any sum from any other contract should this sum be not sufficient to cover the full amount recoverable. The successful bidder shall pay Coal India Limited and its subsidiary companies on demand the remaining balance. The supplier shall not be entitled to any gain on any such purchase.

09. FORCE MAJEURE:

If the execution of the contract/supply order is delayed beyond the period stipulated in the contract/supply order as a result of outbreak of hostilities, declaration of an embargo or blockade, or fire, flood, acts of nature or any other contingency beyond the supplier’s control due to act of God then Coal India Limited or its subsidiary companies may allow such additional time by extending the delivery period, as it considers to be justified by the circumstances of the case and its decision shall be final. If and when additional time is granted by the Coal India Limited and its subsidiary companies, the contract/supply order shall be read and understood as if it had contained from its inception the delivery date as extended.

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10. RISK PURCHASE

In the event of failure of the supplier to deliver or dispatch the stores within the stipulated date/period of the supply order or in the event of breach of any of the terms and conditions mentioned in the supply order, Coal India Ltd. or its Subsidiary Companies have the right to purchase the stores from elsewhere after due notice to the defaulting supplier at the risk and cost of the defaulting supplier. In the event of failure of the supplier as detailed above, the cost as per risk purchase exercise may be recovered from the bills against any other supplies pending in the same Subsidiary Co. and also in any other Subsidiary Companies/CIL.

Conditions for Risk Purchase

Risk purchase action may be initiated under any of the following conditions,

(a) When the supplier fails to deliver the materials even after the delivery period is extended on several occasions, on request from the supplier. (b) When the supplier fails to respond to purchaser’s request for supply of the materials and fails to provide any reason which is considered to be genuine, for the delay in supply. (c) When in the judgment of the purchaser the supplier is unable to execute the order due to various reasons. (d) When the materials are urgently required and the supplier fails to deliver the materials within the extended/original delivery schedule. (e) When the supplier breaches any of the terms and conditions of the supply order and as a result fails to execute the order satisfactorily.

11. PAYMENT TERMS

100% payment will be made within 21 days on receipt and acceptance of the materials at site or submission of bill whichever is later. This payment clause should be accepted clearly.

12. PRICE FALL CLAUSE

If successful tenderer, at any time during the tenure of the CIL contract, supplies explosives and accessories of identical description in India, to any customer including CIL (or its Subsidiary Cos.) at a price lower than the price stipulated in the CIL contract, the successful tenderer shall forthwith notify to CIL such reduction in sale price of explosives and accessories and CIL shall amend its contract price to the lower price.

In the event of non intimation by the seller to this effect, suitable penal action may be considered against them. The lower price shall apply when the period of execution of supply is concurrent and will be applicable for the supplies made during the concurrent period of two contracts. The price fall clause shall not be applicable for supply of ‘Non permitted Large dia’ explosives against this tender. The prices quoted against this tender shall not be considered for application of Price Fall Clause against our RCs dated 28.11.2008 and Reserve RCs dated 02.02.2009.

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13. PRICE CERTIFICATE

The bidder must submit a price certificate in all their invoices in the following format :

“It is certified that the prices, handling charges etc. indicated in this invoice is not higher than the amount billed to other Govt. organizations /PSUs /Other Private Organizations.”

14. PAYING AUTHORITY

CGM(F)/GM(F), SECL/WCL/NCL/ ECL/CCL/BCCL/MCL or their authorized representatives and DyCFM,NEC.

15. TAXES AND DUTIES

The taxes and duties should be indicated separately under two different headings with their amount and percentages. In case any other Govt. levies, if applicable, are to be paid extra such as octroi etc. the same should also be stated clearly under separate heads. Sales Tax/VAT shall be shown separately and whether it is State Sales Tax or Central Sales Tax or VAT is to be clearly indicated. If no mention is made about Sales Tax/VAT, it will be presumed to be NIL and no claim for that will be entertained in future.. The taxes, duties and other Govt. levies if any, to be paid extra will be as per Govt. Rules. b) Bidder should furnish their Sales Tax/VAT registration number (Central/State) and date in the quotation/invoices. c) The Excise Duty rate should be separately mentioned. In case the Excise Duty is inclusive, the percentage/rate included has to be indicated. In case this is not indicated by the bidder, it would be deemed that Excise Duty is not payable on the items being supplied by them and even if at a later date, such duties is applicable and become payable due to any reason, whatsoever the same shall be borne by them and shall not be claimed from the purchaser. No claim on this account would be entertained by CIL. d) If payment of Excise is exempted, bidder should clearly indicate the same in their offer indicating the Excise Notification number and enclose attested copy of Exemption Certificate along with the offer. In the event of any order making Excise Duty payable at a later date, during the contractual delivery period, no claim on this account will be entertained by CIL. e) Review of Excise Duty payable shall be done only in case where a bidder has clearly indicated percentage applicable at the time of quoting(not in case of exemption at (d) above), and a specific notification is issued by the Govt. increasing the Excise Duty and a copy of which is made available at the time of raising of claims. This review will be limited to with contractual delivery period only. f) If there is any decrease in Excise Duty rate within the contractual delivery period, the benefit should be passed on to CIL.

26 g) If excise duty is payable at Slab Rates depending on turn over, bidder should clearly mention the applicable rate for the tendered quantity/value included in the tender for supply during the contractual delivery period in a particular Financial Year to CIL. If nothing is mentioned and the price is exclusive of ED, offer will be loaded with the maximum rate of excise duty applicable for the item and offer will be evaluated accordingly. h) In no case should the offer be vague on the elements of Excise Duty or Sales Tax or VAT. Clauses like “Excise Duty or Sales Tax or VAT not to be paid extra” should not be incorporated in the offer. In such cases, in the event of any order, CIL will not entertain any claim whatsoever for payment of Excise Duty or Sales Tax or VAT even if is payable at a later date.

All bidder should furnish duly attested with stamp and seal of the Company latest Sales Tax or VAT Clearance Certificate along with the offer. j) Evaluation of bids shall be made taking the uniform rate of CST prevailing on the date of opening of tender payable on FOR destination price. VAT, if applicable, shall not be considered for evaluation, instead , uniform CST as above will applicable.

16. PERFORMANCE & PENALTY

Review of the Product Performance will be made on the basis of fragmentation/muck pilling costs per Cu.M. and Capacity improvement achieved for the total system. In the event of your Product not providing satisfactory results, penalty will be imposed by way of Price Reduction/ Quantity Reduction/Withdrawal of these products.

The mine-wise achievement of powder factor should not be less than the benchmark powder factor as specified in Annexure-XI. The method of calculating the achieved powder factor shall be same method by which benchmark powder factors are calculated. For every percentage decrease in powder factor of Coal/OB compared to the benchmark powder factor as provided in Annex-XI, same percentage deduction of the price (without taxes and duties) of explosives shall be made.

In case the achieved powder factor is above 105% of the benchmark powder factor, then Bonus may be paid @ 0.3% (zero point three percent) of the price of explosives (without taxes & duties) for every percentage increase in powder factor over 100% of the benchmark. Thus for achievement of powder factor between 100% to 105% of the benchmark, there will be no bonus or penalty. Same method for arriving at PF shall be applied for calculating penalty as well as bonus.

In the event of failure of Blast, the cost of Explosives/Accessories used in the Blast and other incidental charges like drilling cost etc. will be recovered from the respective defaulting supplier(s). In case of blast failure, initially proportionate deduction (proportionate to value) will be made for both explosives and accessories. After investigating into the cause of failure as to which product (explosive or accessories) is responsible for the failure, final deduction will be made accordingly.

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PF for each mine in respect of the following categories of operation has been indicated at Annexure XI,

a) Powder Factor for OC mines i) Powder Factor for coal ii) Powder Factor for OB in Shovel–Dumper bench. iii)Powder Factor for OB in Dragline bench.

b) Powder Factor for UG mines- i) Powder Factor for coal in Development District. ii) Powder Factor for coal in Depillaring District.

The bench mark Powder Factors mentioned in Annexure XI shall also apply in case of explosives supplied to contractors in outsourcing patches (wherever separate Powder Factors for outsourcing patches are not indicated), if the explosives purchased by CIL is used in such patches with the condition that only the net cost of explosives and accessories (after deduction on account of powder factor) is recovered from the outsourcing contractor.

c) The payment shall continue to be made as per RC terms and provisional deduction if any, on account of non-achievement of PF shall be made only on quarterly basis. However, the final assessment of Powder factor and reconciliation thereof shall be made at the end of one year on annual average powder factor basis. Bonus shall be paid in the same way as that of penalty.

d) Deduction due to non-achievement of powder factor shall be made from the price of explosives only and not from accessories prices.

17. BANNED OR DELISTED SUPPLIERS

The bidders would give a declaration that they have not been banned or de-listed by any Government or quasi-Government agencies or PSUs. If a bidder has been banned by any Government or quasi-Government agencies or PSU, this fact must be clearly stated and it may not necessarily be a cause for disqualifying him. If this declaration is not given, the bid will be rejected as non-responsive.

18. CIL shall not be obliged to accept the lowest Tender and reserve the right to accept or reject the whole or any portion of any Tender and/or divide the work among successful bidders without assigning any reason whatsoever and may even procure outside this Tender, if such situation warrants. Further CIL reserves the right not to allocate any quantity in case unsatisfactory performance without assigning any reasons and also reserve the right to recover the amount from the default bidder for loss of production, if any.

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19. PRICE:

There will be a ‘ceiling price’ for each item going under reverse auction. The ‘ceiling price’ shall be the RC 08-09 price for that item ruling on the day of reverse auction. No bidder can quote a price equal or higher than the ‘ceiling price’ for the particular item during the reverse auction.

While quoting in the reverse auction, price should be quoted in the following manner i) For LD explosives, a single FOR destination price for each subsidiary (separately for column and booster) should be quoted for supply to all mines in a subsidiary i.e. FOR-subsidiary price should be quoted.

Special Instruction: Under the requirement of Column and Booster in this Annexure-I, the average usage ratio of Column and Booster has been indicated separately for each subsidiary company. The bidders shall quote separate price of Column and Booster based on the usage mix of the particular subsidiary. However, the evaluation of price bids shall be made in a composite manner i.e. price of column and that of booster offered by a particular bidder shall be added in the ratio of the usage mix indicated by the subsidiary as given in the NIT, to arrive at the L1, L2, L3 etc. status.

Example: Suppose there are three tenderers A, B and C who have quoted the prices of column and booster for a subsidiary co. where the usage mix is 80:20. The evaluation shall be as below,

Tenderer Price of Column Price of Booster Total composite price Status (Rs/MT) (Rs/MT) for evaluation(Rs/MT) A 12500 17500 12500x0.8+17500x0.2=13500 L1 B 13000 17000 13000x0.8+17000x0.2=13800 L2 C 13500 16500 13500x0.8+16500x0.2=14100 L3

The system shall calculate the composite price and display the same. The ranking will be on composite price basis. However, the individual prices of column and booster shall not be displayed during the Reverse Auction process and shall be hidden but shall be available to all the bidders after RA is over. On completion of RA, the L2, L3… bidders shall be asked to match the composite L1 price as well as the individual prices of column and booster quoted by the composite L1 bidder for conclusion of Running Contracts.

It shall be obligatory on the part of the L2, L3…. bidders to match individual rates of column and booster quoted by the composite L1 bidder. Prospective bidders shall have to accept the same before they are allowed to participate in the reverse auction. ii) For Cartridge Explosives for UG mines and Accessories for UG and OC mines a single FOR destination price should be quoted for supply to all mines of CIL i.e. FOR- CIL price be quoted.

The FOR destination price referred in at sl (i) & (ii) above should include Magazine differential, Van charges, Handling & Forwarding charges, Freight, Insurance etc except taxes and duties applicable. No other charges will be payable. The prices quoted on reverse auction will be considered as single FOR destination price.

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PRICE DETAILS SHOULD NOT BE INDICATED IN Part-I.

20. PRICE EVALUATION

The FOR Destination prices referred in para 19 above, quoted against the reverse auction shall be compared on a total price basis (landed) including Excise Duty and uniform rate of CST prevailing on the date of opening of tender payable on FOR destination price. VAT, if applicable, shall not be considered for evaluation, instead, uniform CST as above will applicable. No other elements of taxes and duties like, Entry tax, Toll tax, Octroi etc will be considered for evaluation of prices.

Method for arriving at the total composite evaluated price –

i) Whenever the bidders mention that taxes and duties are payable extra, the current rate of ED. prevailing on the date of opening of tender will be added. Regarding application of Sales Tax/VAT, an uniform rate of CST prevailing on the date of opening of tender shall be added to each price offer for evaluation purpose. Input Tax Credit, if offered, will not be considered for evaluation of prices. ii) Conditional discounts, including quantity discounts, will be indicated in the comparative statement but the discounted price will not be shown for comparison purpose. Cash discounts or prompt payment discounts will also be treated in the same manner. Only unconditional discounts will be taken into account for arriving at total price. If a bidder offers a rebate unilaterally after closing date and time of bid, it will not be considered for evaluation purpose but the rebate offered shall be availed of while awarding the contract if the bidder emerges as a lowest evaluated bidder. iii) If the price is stated to be inclusive of Excise Duty, the current rate included in the price must be obtained. If they are exempted from paying Excise Duty, the same must also be confirmed with valid documentary evidence based on which the exemption shall be considered for evaluation. In case the rate of Excise Duty varies with the turnover of the company, and the price is exclusive of Excise Duty, and the firm fails to specify the exact rate applicable, the maximum rate currently leviable will be loaded on the price.

21. DISTRIBUTION OF QUANTITY

The tendered quantity will be distributed normally amongst 5 bidders i.e L-1, L-2, L-3, L-4 and L-5 bidders, at L-1 price (which will be counter-offered to the L-2 to L-5. Bidders) in the following manner, (L1 means the lowest bidder and L2 means the next higher bidder and so on)

In all the cases the L2 , L3, L4 and L5 bidders will have to match the L1 price to be eligible for distribution. If any of L2 , L3, L4 and L5 etc. bidders do not accept L-1 price, then next higher bidders shall be given the opportunity to match the L-1 price. In such cases the L6 bidder , if agrees to match with L1 price, will be treated as the logical L2 bidder and the L7 bidder if agrees to match with L1 price, will be treated as the logical L3 bidder and so on till the all the logical L2,L3,L4 and L5 bidders who agree to accept L1 price are reached .

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For example, if L2 does not agree to match L1Price and L3 agrees to do so, the L3 he will be treated as logical L2 and so on.

a) In case the sum of offered qty of L1, L2 , L3, L4 and L5 bidders is equal to the tender quantity, the distribution shall be made as per their offer qty. b) In case the sum of offer qty of L1, L2 , L3, L4 and L5 bidders is less than the tender quantity, the full offered qty of L1,L2 L3, L4 and L5 will be booked first in that sequence and the balance requirement shall be offered to L6, L7 bidders and so on at L-1 price till the full requirement is met. c) In case the sum of offer qty of L1, L2 , L3, L4 and L5 bidders is more than the tender quantity, the ratio of distribution amongst L1, L2 , L3, L4 and L5 bidders shall be 35:25:20:10:10 ( limited to their offer qty) respectively .

If the total combined offered quantity is more than the tendered quantity, CIL will restrict the distribution upto L-5 (or logical L-5) tenderers. The distributed quantity will however be limited to the offered quantity of the various bidders (L-1, L-2, L-3, L-4 and L-5 bidders) and the total quantity in excess of the designated share of any one/more bidders over their offer quantity will be distributed in a fair and equitable manner within the group of eligible bidders (L1 to L5). d) In case only four prices i.e L1, L2, L3, L4 are obtained due to absence of L5 bidder OR L5 or higher bidder’s unwillingness to match the L1 price, the RC qty shall be distributed amongst L1, L2, L3 & L4 bidders only in the ratio of 40:30:20:10 limited to their offer qty.

e) In case only three prices i.e. L1, L2, L3 are obtained due to absence of L4 bidder OR L4, L5 or higher bidder’s unwillingness to match the L1 price, the RC qty shall be distributed amongst L1, L2, &L3 bidders only in the ratio of 50:30:20 limited to their offer qty.

f) In case only two prices i.e L1&L2 are obtained due to absence of a L3 or L4 bidder OR L3 or higher bidder’s unwillingness to match the L1 price, the RC qty shall be distributed amongst L1 and L2 bidders only in the ratio of 60:40 limited to their offer qty.

The distribution pattern as explained above shall be applicable for LD explosives on subsidiary basis and also be applicable for procurement of Cartridge Explosive for UG mines and Accessories for UG and OC mines considering CIL as a single unit(instead of distribution on subsidiary basis). For LD explosives, an individual bidder evaluated on composite price basis as explained under para 19 above and eligible under the above distribution scheme shall get order for both Column and Booster.

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22. Normally, L6 (or logical L6) to L10(or logical L10 ) bidders will be given an opportunity to match the acceptable L1 prices against each item and if they agree, such bidders will be empanelled as Reserve RC holders as above. In case of failure of any of the regular RC holders to supply the materials within the stipulated delivery period, L6 bidder empanelled as “Reserve RC holder” will be given an opportunity in the first instance to supply the undelivered quantity at the RC price & terms and conditions. If L6 bidder fails to supply, opportunity will be given to L7 bidder, empanelled as “Reserve RC holder ” and so on.

23. CIL reserves its’ right to increase or decrease the quantities against any /all the items of the tender by not more than 20%(twenty percent) before Reverse Auction.

24. The terms and conditions, which are not specifically mentioned herein above, shall be as per per “GENERAL TERMS & CONDITIONS OF SUPPLY OF STORES” enclosed at Annex-VII. Running Contract, if concluded, will be subject to the Terms and Conditions stated above and also as per “GENERAL TERMS & CONDITIONS OF SUPPLY OF STORES” enclosed at Annex-VII.

25. JURISDICTION OF COURTS: Any dispute arising out of or in respect of the contract will be subject to the jurisdiction of Calcutta High court, INDIA.

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ANNEXURE-IV

INFORMATION TO BE SUBMITTED IN REVERSE AUCTION

1. For LD explosives, a single FOR destination price for each subsidiary should be quoted for supply to all mines in a subsidiary i.e. FOR-subsidiary price should be quoted as below,

SL Product ECL BCCL CCL SECL WCL MCL NCL NEC Price Price Price Price Price Price Price Price 1. Low strength Rs./ Rs./ Rs. / Rs. Rs./ Rs./ Rs./ Rs./ Column MT MT MT /MT MT MT MT MT 1.1 Low Strength Rs./ Rs./ Rs./ Rs./ Rs./ Rs./ Rs./ Rs./ Booster MT MT MT MT MT MT MT MT

2. For all other items listed at annexure-I, a single FOR destination price shall have to be quoted for supply to all mines of subsidiaries of CIL i.e. FOR-CIL price be quoted as below. Separate Price for individual items, degree wise if required, should be offered in accordance with the items offered as per Annexure-I, as below,

Sl Product Name Single Price for all sub cos. 2 Permitted Explosives (P1, P3 ,P5 ) Rs/MT

3 Copper Instantaneous Electric Detonator for UG mines Rs/KN (CED 1.8m,2.0m, 2.5m & 3m) 4 Copper Delay Detonator (CDD 2.5m & 3m) Rs./KN 5 Detonating fuse (DF-10g, DF-5g & G-Cord) Rs/KM 6 Cast Booster (PETN & Emulsion) Rs./MT. 7 Cord Relay Rs./KN 8 Non Electric Detonator Rs./KM. 9 MS Connector Rs./KN

3. There will be ‘ceiling price’ for each item going under reverse auction. The ‘ceiling price’ shall be the ruling RC 08-09 price for that item on the day of reverse auction. No bidder can quote a price equal or higher than the ‘ceiling price’ for the particular item.

4. The FOR destination price referred in at sl (1) & (2) above should include Magazine differential, Van charges, Handling & Forwarding charges, Freight, Insurance and all other elements of price except taxes and duties applicable. No other charges will be payable. During reverse auction, a single FOR destination price can only be submitted.

5. Prices should be quoted exclusive of ED, ST, VAT, Octroi and other statutory levies on the finished products. The quantum of these levies as legally leviable should also be indicated separately and clearly in unambiguous terms. If any concession is available, it should be clearly indicated in Part-I.

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ANNEXURE-V APPROVED PRODUCT LIST

1.0 PERMITTED EXPLOSIVES (P-1, P-3, P-5)

Sl Manufacturer Product Name

P—1 1 AMA MEC COAL-1 2 Bharat BEL Mx P101 3 GOCL Godyne 4 IEL Powergel P 101 5 IOCL (IBP) Indo Coal-1(HD) 6 KEL Kelvex- 310 7 Navbharat Fuse Novacoal-1 8 Premier Explochem Colex- 1 9 Solar Solar Coal-1/Super Coal-1 10 Special Blasts Shakti Coal-E-1 11 TIEL Powertel-1

P—3 1 Bharat BEL MX 301 2 Black Dia. Coal Star –III 3 GOCL Permadyne 4 IEL Powergel P 301 5 IOCL (IBP) Indo Coal-3 (HD) 6 KEL Kelvex- 330 7 Navbharat Fuse Navacoal-3 8 Solar Solar Coal-3/ Super Coal-3

P—5 1 AMA MEC COAL-5 2 Bharat BEL MX P-501 3 GOCL Pentadyne 4 IEL Powergel P 501 5 IOCL (IBP) Indo Coal-5 6 KEL Kelvex – 5 7 NAV Fuse NavaCoal-5 8 Premier Explochem Colex-5 9 SOLAR SOLAR COAL-5, Super Coal-5 Emulsion 10 TIEL Power Tel-5

2.0 Permitted detonating Fuse for Blasting Gallery method

Sl Manufacturer Product Name

1 GOCL G CORD

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3.0 Large Dia (LD) Explosives

Sl Manufacturer Product Name

LD COLUMN LD BOOSTER (LOW STRENGTH) (LOW STRENGTH)

1 AMA Mecpower-1 Mecforce 2 Amin Neo Column/Neo Col Special Neo Prime/Neo Prime Special 3 Anjana Anjana Column Anjana Prime 4 AP Explochem AECGEL-1 AECGEL-C 5 Bharat BEL MX-400 BEL MX EP 6 Black Diamond Star Gel Star Prime 7 GOCL Energel Aquadyne 8 Godavari Safex-1 Safex-3 9 Gouthami Gelex Column Gelex Blast 10 IOCL(IBP) Indogel-210 Indoprime(S) 11 Ideal Industrial Ideal Column Ideal Prime 12 IEL Powergel-I Powergel-C 13 KEL Kelvex-Extra/Kelvex 500 Kelvex-600/ KEL Prime 14 Mahanadi Expogel Expo Prime 15 Nav. Explosive Bharat Column Bharat Prime 16 Nav. Fuse Nova Column Nova Prime 17 Orient Ore Gel-I Ore Boost 18 Premier Explochem Dynex-1 Dynex-3 19 Raja Mahagel Mahaboost 20 RECL Rajcol Raj Blast Super 21 Salvo Salvo Column Block Buster 22 Shankar Shankh Column Shankh Prime 23 Solar Solar Gel/Solar Gel-E Solar Prime/Solar Prime-E 24 Special Blast Shakti Column Shakti Prime 25 Sri Krishna Maruti Column- C Maruti Booster-C 26 Sri Vishnu Vishnu Gel Vishnu Prime 27 SUA Macwinex NCS-1 Macwinex Base 28 Super Shiv Shakti Shakti Gel Shakti Power Blast 29 TIEL Telgel-I Tel Prime-1 30 Vetrivel Sungel Sun Prime 31 Vijaya Veejay Column Veejay Prime

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4.0 COPPER ELECTRIC DETONATOR (CED) –1.8m, 2 M, 2.2 M, 2.5 M, 3 M

Sl Manufacturer Product Size

1 AP Explosives 1.8M, 2M,2.2M,2.5M,3M 2 C-Det -do- 3 Economic -do- 4 GOCL --do-- 5 Ideal Detonators --do-- 6 IEL --do-- 7 PEL --do-- 8 RECL --do-- 9 Solar --do-- 10 TIEL --do--

5.0 COPPER DELAY DETONATOR (CDD) – 2.5 M, 3 M

Sl Manufacturer Product Size

A.P. explosives 2.5 M, 3 M 1 C-Det --do-- 2 Economic --do-- 3 GOCL --do-- 4 Ideal Detonators --do-- 5 IEL --do-- 6 PEL --do-- 7 RECL --do-- 8 Solar --do-- 9 TIEL --do--

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6.0 DETONATING FUSE (10 GMS CHARGES)

Sl Manufacturer Product Name

1 AMA MECPRIME CORD-II 2 ANJANA SUPER CORD-10 3 AP EXPLOCHEM AEC V-CORD 4 APEX APEX DETFUSE-10 5 ARAVALI A- Cord – II 6 GOCL D.CORD-II 7 GODAVARI SAFCORD-10 8 GOUTHAMI GEL CORD II 9 IDEAL Industrial POWER CORD-10 10 IEL CORDTEX 11 IOCL(IBP) Indo Cord-10 12 NAV. FUSE NOVACORD-II 13 ORIENT ORE CORD-I 14 PREMIER PREMIER CORD-10 15 RECL R-CORD-II 10 GRAMS. 16 SOLAR SOLAR CORD-II 17 SPECIAL BLAST SHAKTI CORD-10 18 SUA MACORD-I 19 Super Shiv Shakti S Cord II 20 TIEL TEL CORD-II 21 VETRIVEL SUN CORD-10

7.0 CAST BOOSTER (100/200/250/500 gms)

Sl Manufacturer Product Name

1 Anjana Super Boost 2 AP Explosives AEC Cast Booster 3 Aravali Penta Boost 4 GOCL Pentolite/ Emulboost 5 Ideal Ideal Boost 6 IEL Primex/Power Gel Boost 7 IOCL(IBP) Indocast 8 Nav.Fuse Novalite 9 Premier Expls. Boostex 10 RECL Rajolite Booster 11 Solar Solar Cast-P/ Solarcast-E 12 Special Blasts Shakti Punj 13 SUA Macpentolite /SUA Boost

37

8.0 CORD RELAY/DETONATING RELAY:

Sl Manufacturer Product Name

1. AMA AMA Cord Relay 2 A.P. Explosives AP Cord Realy 3 Economic Supreme Cord Relay 4 GOCL CORD RELAY (25/50/100 MS) 5 IDEAL Detonators SUPER RELAY 6 IEL DELAY DETONATOR RELAY 25 MS 7 PEL CORD RELAY (25/50/75) 8 RECL RAJRELAY (17/25/42/50/65 MS)

9.0 NON ELCTRIC DETONATORS

Sl Manufacturer Product Name

1 AMA Mec-det 2 Amin Neodet (TLD/DTH) 3 AP Explosives Apexcel 4 C-Det C-Det Omega 5 Economic SUPREME DET 6 GOCL RAYDET(DTH/TLD) AND TWINDET 7 Ideal detonators SRI DET (DTH/TLD) SHOCK TUBE 8 IEL EXEL MS DET/EXEL NTD/EXEL HANDIDET/ EXELHTD 9 PEL AMARDET SHOCK TUBE DETONATOR 10 RECL RAJDET AND MULTIDET 11 Solar SOLAR DET

10 MS CONNECTOR

Sl Manufacturer Product Name

1 AMA Mecdet MSD Connector 2 GOCL Cord Relay MS 3 IEL EXEL MS CONNECTOR

11 ELECTRONIC DETONATORS

Sl Manufacturer Product Name

1 IEL i-kon Digital Energy Control System 2 GOCL a) e-Det ft ; b) e-Det. 3 Economic Microdet-1

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ANNEXURE-VI

Evaluation of techno commercial parameters for qualification

01. Group-I - Test Results of Random Sampling (Full Marks – 60).

1.1 Permitted Explosives Sl. Particulars Limit of parameters as per Marks IS 6609 (Latest Amendments) 1 Velocity of Emulsion Slurry 18 Detonation a) P1/P3 (Mtr. per Second) 3500+/-400 3400+/-400 b) P5 3500+/-400 3000+/-200 2 Density 1.15+/-0.05 1.10+/-0.05 15 (Grm.per CC) 3 Cap Sensitivity Cartridge should fire with No.6 strength Detonator 12 4 Air Gap 2 Cm 2 Cm 9 Sensitivity If the receiver Cartridge gets initiated in the specified gap 5 Continuation of 1 Mtr. length of Explosives column fired with No.6 6 Detonation strength Detonator, all Explosive column should fire Total 60

The Methodology for allotment of Marks for the above tests will be as follows:- Sl Particulars of Emulsion Slurry Marks the Test 1 VOD a) P-1/P-3 i) <3100 i) <3000 ‘0’ ii) 3100-3900 ii) 3000-3800 18 (if the results are within this limit)

iii) >3900 iii) >3800 1.2 marks will be deducted for exceeding this limit for every 100 Mtr/Sec. b) P-5 i) <3100 i) <2800 ‘0’ ii) 3100-3900 ii) 2800-3200 18 (if the results are within this limit)

iii) >3900 iii) >3200 1.2 marks will be deducted for exceeding this limit for every 100 Mtr/Sec. 2 Density i) 1.10-1.20 i) 1.05-1.15 15 (if the results are within this limit)

If the results are outside these limits, for every 0.01 gm/cc outside this range, 3 marks will be deducted. 3 Cap/Booster If fires If fires 12 Sensitivity. If fails If fails ‘0’ 4 Air Gap If fires If fires 9 Sensitivity. If fails If fails ‘0’ 5 Continuation If fires If fires 6 of Detonation If fails If fails ‘0’

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1.2 Large Dia Explosives

Sl Particulars Limit of parameters as per IS 6609 Marks (Latest Amendments) 1 Velocity of Detonation Emulsion Slurry 24 (Mtr/Sec) a) Booster 4500+/-500 a) Booster 4200+/-500 b) Column4000+/-500 b) Column3800+/-500 2 Density(gm/cc) 1.15 +/-0.05 1.15+/-0.10 15

3 Cap/Booster Sensitivity Cartridge should fire with No.6 strength Detonator 12

4 Air Gap Sensitivity 2 cm 2 cm 9 The receiver Cartridge should get initiated in the specified gap. Total 60

The Methodology for allotment of Marks for the above tests will be as follows:-

Particulars of the Emulsion Slurry Marks Test 1) VOD a) Booster (a) Booster i) <4000 i) <3700 ‘0’ ii) 4000-5000 ii) 3700-4700 24 (if the results are within this limit) 1.2 marks will be deducted for exceeding iii) >5000 iii) >4700 this limit for every 100 Mtr/Sec.

b) Column b) Column i) <3500 i) <3300 ‘0’ ii) 3500-4500 ii) 3300-4300 24 (if the results are within this limit) 1.2 marks will be deducted for exceeding iii) >4500 iii) >4300 this limit for every 100 Mtr/Sec.

2) Density i) 1.10-1.20 i) 1.05-1.25 15 (if the results are within this limit)

If the results are outside these limits, for every 0.01 gm/cc outside this range, 3 marks will be deducted.

3) Cap/ Booster If fires If fires 12 Sensitivity If fails If fails ‘0’

4) Air Gap If fires If fires 9 Sensitivity If fails If fails ‘0’

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1.3 Detonating Fuse

Sl Particulars Limit of parameters as per IS 6609(Latest Marks amendments) 01 Velocity of detonation 6500 +/--500 30 (mtr/sec) 02 Diameter (mm) 4.5-5.5 15

03 Transmission of Detonation The DF is laid down as a main line and 15 branching is laid at different angles from the main line by making a loop. When fire, there shall be no failure in DF either in the main line or in the branch line. Total 60

The Methodology for allotment of marks for the above test will be as follows :

Sl Particulars Limit of Marks parameters 1 VOD <6000 ‘0’ 6000-7000 30 (if the results are within this range) 1.2 marks will be deducted for exceeding >7000 the limit for every 100 Mtr/Sec.

2 Diameter(mm) 4.5-5.5 15 (if the results are within range) 0 (if the results are outside this limit)

3 Transmission of If fires 15 Detonation If fails ‘0’

1.4 Detonators (CED, CDD)

Sl Particulars Limits of parameters as per IS 6609 (Latest Marks Amendments) 1 Strength Test The detonators when tested under lead plate 24 method (4 cm length, 4 cm width and 0.5 cm thick), if blasts over the lead plate, it should produce dent on the lead plate corresponding to at least C-3 class as per BIS. 2 Series Firing Test 10 detonators are subjected to series firing test, 24 all the detonators shall fire successfully within the same current and application of time. 3 Electric Resistance (ohm) 4.5-6.5 12 Total 60

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The Methodology for allotment of marks for the above test will be as follows:

Sl Particulars Test Marks 1 Strength If conforms to C-3 24 Test Class as per BIS If fails to conform ‘0’ 2 Series Firing If fires 24 Test If fails ‘0’ 3 Electric 4.5 - 6.5 (ohm) 12 (if the results are within this range) Resistance ‘0’ (if the results are outside the range)

1.5 Cast Booster (CB)

The number of samples to be tested should not be less than 2 samples per quarter for a particular supplier.

Sl. Parameter Accepted limit for Accepted limit for Marks PETN/TNT based Emulsion based Cast booster Cast booster 1. Physical condition Good/Poor Good/Poor 2. Velocity of 6000 – 7000 4700-5700 30 detonation (m/sec) 3. Density (gm/cc) 1.5 – 1.6 1.15-1.25 15 4. Cap Sensitivity Pass / Fail Pass / Fail 9 5. Water Resistance Pass / Fail Pass / Fail 6 Total 60

The methodology for allotment of marks for the above tests will be as follows:-

Sl. Parameter Limit of parameters Limit of parameters Marks of PETN/TNT CB of Emulsion CB 1. Velocity of a. <6000 a. <4700 “0” detonation b. 6000 –7000 b. 4700 –5700 30 (If the result is within (m/sec) c. >7000 c. >5700 this limit) 2 marks will be deducted for exceeding this limit for every 100 mt/sec. 2. Density 1.50 – 1.60 1.15—1.25 15 (If the results are within (gm/cc) this limit). If the results are outside these limit for every 0.01 gm/cc outside these range, 5 marks will be deducted. 3. Cap a. If pass a. If pass 9 Sensitivity b. If fail b. If fail “0”

4., Water a. If pass a. If pass 6 Resistance b. If fail b. If fail “0”

Total 60 42

1.6 Nonel --Non Electric Initiation System

One (1) sample for every 1.0 lakh m. of last year consumption is to be tested for a particular supplier. For example, if a supplier, whose annual allocation of Nonel is 10 lakh m, a total of (10 / 1.0) = 10 nos. of sample is required to be tested.

Sl. Parameter Acceptable Limit Marks 1. Physical condition Good/Poor 2. Strength test The Nonel were tested under lead plate method 24 (4 cm length, 4 cm width & 0.5 cm thick), if blasts over the lead plate, it should produce dent on the lead plate corresponding to at least C-3 Class as per BIS. 3. Series Firing Test 10 Nonel are subjected to series firing tests, all the 24 Nonels shall fire successfully when initiated. 4. Delay Timing (ms) As specified by the Manufacturer 12 ( +/ - 10 ms for long delay & + / - 5 ms for connectors)

Total 60

The methodology for allotment of marks for the above tests will be as follows:-

Sl. Parameter Limit of parameters Marks 1. Strength test a.If conforms to C-3 as per BIS 24 b.If fails to conform “0” 2. Series Firing Test a.If fires 24 b.If fails “0” 3. Delay Timing (ms) As specified by the Manufacturer 12 ( If the results are ( + / - 10 ms for llong delay & within + / - 5 ms for connectors this range) “0” ( if the results are outside this range) Total 60

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1.7 Cord Relay / MS Connector

One (1) sample for every 2.5 lakh nos. of last year consumption for a particular supplier is to be tested. For example, if a supplier, whose annual allocation of Nonel is 10 lakh nos., a total of (10 / 2.5) = 4 Nos. of sample are required to be tested.

Sl. Parameters Acceptable Limit Marks 1 Physical condition Good/ Poor

2 Sensitivity Pass / Fail 30

3 Delay period (ms) As specified by the manufacturer + / - 5 30 ms Total 60

The methodology for allotment of marks for the above tests will be as follows:-

Sl. Parameter Limit of parameters Marks 1. Sensitivity If Fires 30 If fails “0” 2. Delay period As specified by the Manufacturer +/- 5 30 (If the results (ms) ms are within this range) “0” (if the results are outside this range Total 60

The Random Testing would be done drawing samples from the supply of explosives by a team consisting of a representative of the subsidiary company and a representative from the Regional Institute of CMPDIL or CMRI or PESO. The test will be undertaken by CMPDIL or CMRI or PESO to check the above technical parameters. The testing charges will be borne by the suppliers.

In all cases of Random Sampling of explosives and accessories, the number of samples to be tested for a particular supplier shall not be less than 2 samples per quarter irrespective of prevailing practice being followed.

The technical parameters mentioned under Group-I (Test Results for Random Sampling) shall also be treated as the acceptable technical specification for technical evaluation under para-10 of annexure-II.

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02. Group-II Techno Commercial Criteria (Full Marks-180)

Sl Particulars Marks 1 Magazine for Storage and Supply of Explosives 100 i). Total Capacity of Magazine vis-à-vis Quantity offered = 50 ii). No. of Coalfields where Magazines are located = 50 2 Capacity of Explosive Vans for Transport to the Mines vis-à-vis 35 Quantity offered 3 Providing optimum Blast design for each mine benchwise and 20 services rendered including provisioning of vibration monitoring 4 No of mining engineers to be provided—One mining engineer for 25 every 300MT or part thereof subject to maximum of 10 nos. for each subsidiary co. (2.5 marks for each engineer) Total 180

The details of Explosive Vans, number and location of Explosive Storage Magazine set up in the Coalfields and the capacity of the Magazines are to be furnished by the bidder along with their offer against the tender. CIL may verify the relevant valid license for the same and their physical availability at the Coalfields duly certified by the respective Subsidiary Companies.

For suppliers who are supplying only accessories, the marks for optimum blast design and mining engineers would not be considered for evaluation.

The Methodology for allotment of Marks for the above Commercial Criteria will be as follows,

Availability of Service Magazine at Subsidiary Company level for storage and supply of Explosives and its Accessories to Colliery Units.

Total Capacity of Magazine vis-à-vis Quantity Offered = 50 Marks

Total Capacity of Magazine available Marks for Magazine = ------X 50 Quantity Offered

The maximum. marks assigned under this formula would be restricted to 50.

2.1.2 Number of Coalfields where Magazines are located = 50 Marks

No. of Coalfields covered Marks for No. of Service Magazine = ------X 50 Total No. of Coalfields

The max. marks assigned under this formula would be restricted to 50.

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2.2 Availability of Explosive Van for transport of Explosives to the mines vis-à-vis Quantity offered = 35 Marks Total Capacity of Vans available Marks for Van = ------X 35 Quantity Offered Maximum marks assigned under this formula would be restricted to 35. For calculation of van capacity, 26 working days in a month shall be considered.

Note : The Number of Coalfields will be as follows : ECL : i. Raniganj Coalfield. ii. Rajmahal Coalfield BCCL : i. Jharia Coalfield CCL : i. North Karanpura Coalfield ii. South Karanpura including Hazaribagh Coalfield WCL : i. Pench, Kanhan, Pathakhera Coalfields and ii. Wardha Valley Coalfield including Umrer & Nagpur NCL : i. Singrauli Coalfield SECL : i. Korba Coalfield, ii. Korba-Rewa Coalfield iii. Sohagpur Coalfield MCL : i. Ib-Valley Coalfield ii. Talcher Coalfield. Total : 13 Nos.

However, particularly for permitted explosives total nos. of coalfields for which service magazines are required to be provided will be 11 nos. i.e. excluding those of NCL, Singrauli & Rajmahal Project of ECL.

2.3& 2.4 : The details in respect of sl nos. 3 & 4 are to be furnished by the bidder alongwith their offer against the tender. CIL shall verify the relevant details duly certified by the respective subsidiary companies of CIL for assessment of allotment of marks.

The allotment of marks in Group- I (Random sampling) and Group- II(Techno- commercial criteria) shall be done by Production Deptt. , CIL based on data received from subsidiaries and offers received from tenderers.

03. Group-III – Delivery Performance (Full Marks – 60)

Sl. Particulars Marks 1 Percentage of quantity supplied by each supplier out of the total 60 quantity allocated by the subsidiaries to them against 2008-09 contract i.e. from 01.12.2008 to 30.9.2009

The Methodology for allotment of marks for Delivery Performance will be as under,

Delivery Performance will be assessed as per the percentage of total quantities supplied by each Manufacturer/Supplier out of the total quantities allocated, after necessary adjustments, if required, by the Subsidiary Companies to them against 2008-09 RC i.e. from 01.12.2008 to 30.9.2009.

If the supply performance is 80% of the total allocated quantities of the subsidiary companies, ‘0’ marks will be awarded. For each 1 % increase over 80%, 3 marks will be allotted with maximum upto 60 marks for 100% delivery performance.

Total Marks (for all 3 criteria Gr-I, II & III) -- 300 Marks 46

04. Qualification for being eligible for participating in reverse auction

The qualifying marks to be obtained by the firms in each group (I, II & III) shall be 50% and 55% in aggregate (Gr I,II & III together) to get themselves qualified for opening of price-bid.

The marks allotted in each group are as below:

Sl Groups Evaluation Parameter Marks 1 Group-I Test Result for Random Sampling 60

2 Group-II Techno Commercial Criteria 180

3 Group-III Delivery Performance against past supplies 60

Total 300 4 Qualifying Marks In each of Group-I, II&III 50% Aggregate of Group-I,II & III 55%

05. Special case-Exception to the Policy

The firms,

(i) who have not secured a Running Contract against last tender No.CIL/C2D/Sec.II/ Cartridge Expl/2008-11/48 dtd. 04.07.2008, or

(ii) who have not participated in the last tender No CIL/C2D/Sec.II/Cartridge Expl/2008-11/48 dtd. 04.07.2008, or

(iii) the Reserve RC holders against last tender No.CIL/C2D/Sec.II/Cartridge Expl/2008-11/48 dtd. 04.07.2008,

shall be allowed to compete in this tender (2010-11) solely on the basis of techno commercial criteria (Group-II, 180 marks) wherein they will have to obtain the qualifying marks of 55%. Further within Group-II (Techno commercial) the subgroups, which relate to past supplies i.e. providing optimum blast design, shall be excluded while evaluating their offers.

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ANNEXURE-VII

GENERAL TERMS & CONDITIONS OF SUPPLY OF STORES

Definition

1. In the interpretation of the contact and the general and special conditions governing it, unless the context otherwise requires :

(i) “Contract” means the invitation to tender, instructions to bidders, 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 with whom the contract is placed 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 Chairman, means the Chairman of Coal India Limited. The Chairman-cum- Managing Director means Chairman-cum-Managing Director of any of the Subsidiary Companies of Coal India Limited, presently Central Coalfields Limited, Eastern Coalfields Limited, Western Coalfields Limited, Bharat Coking Coal Limited and Central Mine Planning & Design Institute Limited, South Eastern Coalfields Limited, Northern Coalfields Limited, Mahanadi Coalfields Limited and North Eastern Coalfields.

(v) The terms “Drawing” shall mean the drawing the plans specified in or annexed the schedule or specifications.

(vi) The terms “Purchase Executive” shall mean the purchaser or purchaser named in the schedule to Tender, his or their successors or assignees.

(vii) The term the “Inspector” shall mean any person nominated by or on behalf of the purchaser to inspect supplies, Stores or work under the contract or his duly authorized agent.

(viii) The term “Progress Officer” shall mean any person nominated by or on behalf of the purchaser to visit supplier’s works to ascertain the position of deliveries of stores purchased.

(ix) The term “Materials” shall mean anything used in the manufacture or fabrication of the stores.

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(x) The term “Particulars” shall mean the following:

Specifications; Drawing; Sealed pattern denoting a pattern sealed and signed by the Inspector. Certified or sealed sample denoting a copy of the sealed pattern or sample sealed by the purchaser for guidance of the Inspector. Trade pattern denoting a standard of the ISI or other standardizing authority or Coal India Ltd. and/or any of its subsidiary companies or a general standard of the industry and obtainable in the open market. Proprietary make denoting the product of an individual manufacturers. Any other details governing the construction, manufacturer and/or supply as existing in the contract.

(xi)“Stores” means the goods specified in the supply order or schedule which the contractor has agreed to supply under contract.

(xii) The term “Test” shall mean such test or tests as are prescribed by the specification or considered necessary by the Inspector or any agency acting under direction of the Inspector.

(xiii) The term “Site” shall mean the place or places named in the “supply order” or such other place or places at which any work has to be carried out as may be approved by the purchaser.

(xiv) Works denoting the persons shall include any company or association or body of individuals whether incorporated or not.

(xv) “Writing” shall include any manuscript, typewritten or printed statement under or over signature or seal as the case may be.

(xvi) “Unit” and “Quality” means the unit and quantity specified in the schedule.

(xvii) “Supply Order” or “Purchase Order” means an order for supply of stores and includes an order for performance.

2. The delivery of stores shall be deemed to take place on delivery of the stores in accordance with the terms of the contract after approval of stores by the Inspector, to : (i) the consignee at his premises, or (ii) where-so provided the interim consignee at his premises, or (iii) a carrier or other persons named in the contract an interim consignee for the purpose of transmission to the consignee. (iv) The consignee at the destination station in case of contracts stipulated for delivery stores at destination station.

3. Words in the singular include the plural and vice-versa.

4. Words denoting the masculine gender shall be taken to include the femine gender and work persons, shall include any company or association or body of individuals whether incorporated or not.

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5. Terms and expressions not herein defined shall have the meanings assigned to them in the Indian Sale of Goods Act, 1930 or the Indian Contract, 1872 or the General Clauses Act, 1897 and as amended in respect of all the Acts, as the case may be.

6.(a) Parties The parties to the contract are the supplier and the purchaser named in the schedule or any other specifically mentioned in the contract.

Address to which communication are to be sent For all purposes of the contract, including arbitration thereunder, the address of the supplier mentioned in the tender shall be the address to which all communications addressed to the supplier shall be sent, unless the supplier has notified a change by a separate letter containing no other communication and sent by registered post acknowledgement due to the head of the office placing the supply order. The supplier shall be solely responsible for the consequence of an omission to notify a change of address in the manner aforesaid.

Any communication or notice on behalf of the purchaser in relation to the contract may be issued to the supplier by Purchase Executive and all such communications and notices may be served on the supplier either by registered post or under certificate of posting or by ordinary post or by hand delivery at the option of such executive.

7.(i) The price quoted shall be either FOR place or Railway Station of dispatch, FOR Destination, Delivery free to the consignee, FOB or CIF as specified in the invitation To tender. All offers from countries other than Purchaser’s country shall quote on FOB and CIF basis.

(ii) In all cases the prices quoted must be net per unit shown in the enquiry and must include all packing and delivery where applicable. Refunds on account of returnable packages(if any) are to be separately specified. The price should show separately the Foreign Exchange Element and the Rupee Element for stores to be imported. Sales Tax shall be shown separately and whether it is State Sales Tax or Central Sales Tax. If no mention is made about Sales Tax, it will be assumed to be included in the price quoted.

The prices should be included of excise, or excise duty should be separately mentioned. In case where price is quoted inclusive of excise duty, the rate of quantum of the same should be separately indicated. In case of contracts providing for free delivery to the consignee octroi charges shall be included where leviable.

(iii) The price must be stated separately for each item on unit basis.

(iv) When quotations are made for units other than those specified in the enquiry, the relationships should be stated.

(v) The prices quoted must be firm and the offers made must remain open for at least four months from the date of submitting quotations unless otherwise specified.

(vi) Tender must invariably be submitted alongwith illustrated literature giving com- plete and detailed specification, particulars etc. of the main unit and of the standard accessories to be supplied with the stores. 50

(vii) The bidders must clearly specify their recommended spare parts that will be supplied alongwith the main unit and itemwise prices of the spare parts, also what are fast moving; medium moving; slow moving and insurance spares and the period upto which they are likely to last.

Printed terms and conditions of the tendering firms shall not be considered as forming part of their tender. In case the terms and conditions of contract applicable to this invitation to tender are not acceptable to the tendering firms, they should clearly specify deviations therefrom in their tender.

Typed quotations should be submitted. Those containing erasures and over-writings are liable to be rejected. Any corrections made in the tenders must be initiated by the bidders, failing which their tenders will not be considered.

Insurance arrangement will be made as per instructions being issued from time to time by the Materials Management Division of Coal India Limited and/or its subsidiary companies.

8.(i) Samples of each item, if considered necessary, should be submitted simultaneously by the contractor for inspection by Inspector/Inspectors unless the articles under tender are of considerable bulk, in which case separate arrangement will be made for inspection of the articles offered while considering the quotations.

All samples required for inspection or test shall be supplied by the successful Bidders free of cost.

All samples must be clearly labeled with the bidder’s name, this offer enquiry Number and the last date of opening of tender.

9.(a) Subletting and Assignment

The supplier shall not save with the previous consent in writing of the purchaser, sublet, transfer or assign the contract or any part thereof or interest therein or benefit or advantage 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.

(b) Change in a Firm

(i)Where the supplier is a partnership firm, a new partner shall not be introduced in the firm except with the previous consent in writing of the purchaser(which may be granted only as an exception) of a written undertaking by the new partner to perform the contract and accept all liabilities incurred by the firm under the contract prior to the date of such undertaking.

(ii) On the death or retirement of any partner of the supplier firm before complete performance of the contract the purchaser may at his option cancel the contract in such case the supplier shall have no claim whatsoever to compensation against the purchaser.

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(iii) If the contract is not determined as provided in the sub-clause(ii) above notwithstanding the retirement of a partner from the firm, he shall continue to be liable under the contract for acts of the firm until a copy of the public notice given by him under Section 32 of the Partnership Act has been sent by him to the purchaser by registered post acknowledgement due.

10.(a) Consequence of Breach Should the supplier or a partner in the supplier firm commit breach of either of the conditions (a) or (b)(i) of this sub-clause, it shall be lawful of the purchaser to cancel the contract and purchase or authorize the purchaser of the stores at the risk and cost of the supplier and in that event the provisions of clause 20 shall as far as applicable shall apply.

(b) The decision of Coal India Ltd. and/or its subsidiary companies as to any matter or thing concerning or arising out of this sub-clause or any question whether the supplier or any partner of the supplier firm has committed a breach of any of the conditions in this sub-clause contained shall be final and binding on the supplier.

11. Use of raw materials secured with Government assistance.

(a) Where any raw material for the execution of the contract is procured with the assistance of Coal India Limited and/or its subsidiary companies by purchase or under arrangement made or permit, licence, quota certificate or release order issued by or on behalf of or under authority or by any officer empowered in that behalf by law, or is issued from government stock and where advance payments are made to the supplier to enable him to purchase such raw materials for the execution of the contract, the supplier,

(i) shall hold such material as trustee of Coal India Limited and/or its subsidiary companies, shall use such material economically and solely for the purpose of the contract. (iii) shall not dispose of the same without the previous permission in writing of the purchaser; and

(iv) shall tender due account of such material and return to the purchaser at such place as the purchaser may direct all surplus or unserviceable material that my be left after the completion of the contract or its termination for any reason whatsoever. On returning such material, the supplier shall be entitled to such price thereof as the purchaser may fix having regarding the condition of such material.

(b) Where the contract is terminated due to any default on the part of the supplier, the supplier shall pay all transport charges incurred for returning any material upto such destination as may be determined by Coal India Limited and/or its subsidiary companies whose decision shall be final.

(c) If the supplier commits breach of any of the conditions in this clause specified, he shall, without prejudice to any other liability, penal or otherwise, be liable to account to Coal India Limited and/or its subsidiary companies all moneys, advantages of profits accruing from or which in the usual course would have accrued to him by reasons of such breach.

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(d) Where the stores manufactured or fabricated by the supplier out of the materials arranged or procured by or on behalf of Coal India Limited and/or its subsidiary companies are rejected the supplier shall, without prejudice to any other right or remedy of the Government, pay to the government on demand the cost price or market value of all such materials whichever is greater.

12. The bidders in case of imported items, shall clearly mention in the quotation that in the event of the supply order being placed with them, they shall arrange for supply within a reasonable period of all necessary maintenance tools and spares parts that may be required from time to time during the normal life of the machines, on a continuous basis and at a price not in excess of the landed cost at their premises plus a stated percentage differential (such a differential should be indicated) and proper servicing of the main unit supplied by them as and when required. In case there is a Rate Contract with the DGS&D supply be made at the RC rates.

13. The bidders shall give a warranty of satisfactory performance of the unit offered by them for a period of 12 months from the date of commissioning or 18 months from the date of receipt and acceptance by Coal India Limited and/or its Subsidiary Companies. The supplier shall be responsible for any defects that they develop under the conditions provided for by the contract and under proper use, arising from faulty materials, design or workmanship and shall remedy such defects at his own cost when called upon to do so. If it becomes necessary for the supplier to replace on renew any defective portion of the goods, such replacement or renewal should be made by the supplier without any extra cost to Coal India Limited and/or its subsidiary company.

14. For orders placed directly on overseas suppliers, the bidders should separately indicated whether their prices quoted include any commission for the manufacturer’s agents in India and the amount of remuneration for the agent included in the quoted price. Price shall include, the service that will be rendered by them as manufacturer’s agent; the name and address of agents, if any, in India; and the agency commission or remuneration or freight in case FOR prices are accepted will be paid in Rupees in India.

15. On acceptance of the tender, a formal acceptance of tender or supply 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 of supply order shall follow in due course, but immediate action towards execution of supply order shall be taken on receipt of the advance intimation.

16. EARNEST MONEY/SECURITY MONEY : a) Earnest Money Clause should be stipulated in the tender. The value of Earnest Money to be deposited by the bidder should be 2% of the value of the estimated cost tendered for or Rs.10,00,000/-, whichever is lower. EMD. should be in the form of Demand Draft and must accompany the quotation i.e. Cover-I of the bid. For unsuccessful bidder EMD shall be refunded immediately after finalisation of the tender with the approval of the HOD of MM deptt. or Head of Area. EMD shall be forfeited if any bidder withdraw their offer before finalization of the tender or fails to submit order acceptance within 15 days from the date of order. 53

b) Security Deposit clause should be stipulated in the tender. Two weeks time (15 days) shall be given in the order to the successful bidder to furnish the security deposit. In case the firm fails to deposit the security money, the order shall be cancelled and the case shall be processed to order elsewhere and the firm’s performance is to be kept recorded for future dealings with them. The value of Security Money to be deposited by the successful bidder in the form of Bank Draft shall be 10% of the value of the awarded contract without having any ceiling. For successful bidder, Security Money will be refunded to the firm within 30 days of satisfactory execution of the contract with the approval of the HOD of MM deptt./Head of the Area. For unsatisfactory performance and/or contractual failure, the security money shall be forfeited.

c) For procurement value less than Rs.1,00,000/-, no earnest money/security deposit will be required.

d) If any State/Central Govt. Organisation/PSU & valid DGS&D/NSIC registered (for the tendered items) firm can produce documentary evidence issued by Govt. Authorities for according exemption towards submission of EMD/SD, they may be considered for exemption from submission of EMD/Security Deposit.

17. Inspection and Rejection Generally the stores shall be of the best quality and workmanship and comply with the contract or supply order in all respect. The stores supplied shall be in accordance with specification unless any deviation is authorized and specified in the contract or supply order or any amendment thereto.

(a) Facilities for Test and Examination The supplier shall, at his own expenses, afford to the Inspector all reasonable facilities and such accommodation as may be necessary for satisfying itself, that the stores are being and/or have been manufactured in accordance with particulars. The Inspector shall have full and free access at any time during the execution of the contract to the suppliers work for the purpose aforesaid, and he may require the supplier to make arrangements for inspection of the stores or any part thereof or any material at his premises or at any other places specified by the Inspector and if the supplier has been permitted to employ the services of the sub-supplier, he shall in his contract with the sub-supplier reserve to the Inspector a similar right.

(b) Cost of Test The supplier shall provide without any extra charge, all materials, tools, labour and assistance of every kind which the inspector may demand from him for any test, and examination, other than special or independent test, which he shall require to be made on the supplier’s premises and the supplier shall bear and pay all costs attendant thereon. If the supplier fails to comply with the conditions aforesaid, the Inspector shall in consultation with the purchaser, be entitled to remove for test and examinations all or any of the stores manufactured by the supplier to any premises other than his(suppliers) and in all such cases the supplier bear the cost of transport and/or carrying out such tests elsewhere. A certificate in writing of the Inspector, that the supplier has failed to provide the facilities and the means, for test and examination shall be final.

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(c) Delivery of Stores for Test The supplier shall also provide and deliver the test free of charge, at such place other than his premises as the Inspector may specify, such materials or stores as he may require.

(d) Liability for Costs of Laboratory Test In the event of rejection of stores or any part thereof by the Inspector in consequence of the sample thereof, which removed to the laboratory or other place of test, being found on test to be not in conformity with the contract or in the event of the failure of the supplier for any reason to deliver the stores passed on test within the stipulated period, the supplier shall, on demand pay to the purchaser all costs incurred in the Inspection and/or test cost of the test shall be assessed at the rate charged by the laboratory to provide persons for similar work.

(e) Method of Testing The Inspector shall have the right to put all the stores or materials forming part of the same or any part thereof to such tests as he may think fit and proper. The supplier shall not be entitled to object on any ground whatsoever to the method of testing adopted by the Inspector.

(f) Stores Expended in Test Unless otherwise provided for in the contract, all stores/materials expended in test will be to supplier’s account.

(g) Inspector Final Authority and to Certify Performance (i) The Inspector shall have the power : Before any stores or part thereof are submitted for inspection to certify that they can not be in accordance with the contract owing to the adoption of any unsatisfactory method or manufacturer; (ii) To reject any stores submitted as not being in accordance with the particulars. (iii)To reject the whole of the installment tendered for inspection, if after inspections of such portion thereof as he may in his discretion think fit, he satisfied that the same is unsatisfactory ; and (iv) To mark the rejected stores with a rejection mark so that they may be easily identified if re-submitted.

(h) Consequence of Rejection If on the stores being rejected by the Inspector or consignee at the destination, the supplier fails to make satisfactory supplies within the stipulated period of delivery, the purchaser shall be at liberty to :

(i) Allow the supplier to re-submit the stores, in replacement of those rejected, within a specified time, the supplier bearing the cost of freight, if any, on such replacement without being entitled to any extra payment on that account ; or (ii) Purchase or authorize the purchase of quantity of the stores rejected or so others of a similar description (when stores exactly complying with particulars opinion of the purchase executive which shall be final, readily available) without notice to the supplier’s liability as regards the supply of any further installment due under the contract ; or

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(iii) Cancel the contract and purchase or authorize the purchase of the stores or others of a similar description (when stores exactly complying with particulars are not in a opinion of the purchaser, which shall be final, readily available) at the risk and cost of the supplier. In the event of action being taken under sub-clause(ii) above or this sub-clause in the provisions of clause 20 shall apply as far as applicable.

(i) Inspectors’ Decision as to Rejection Final The Inspector’s decision as regards the rejection shall be final and binding on the supplier.

(j) Where under a contract, the price payable is fixed on FOR station of dispatch basis, the supplier shall, if the stores are rejected at destination by the consignee, be liable in addition to other liabilities to reimburse to the purchaser the freight paid by the purchaser.

(k) Notification of Result of Inspection Unless otherwise provided in the specification or schedule, the examination of the stores will be made as soon as practicable after the same have been submitted for inspection and the result of the examination will be notified to the supplier. (l) Marking of Stores The supplier shall, if so required, at his own expense mark or permit the Inspector to mark all the approved stores with a recognized Government or purchaser’s mark. The stores which cannot be so marked shall, if so required by the Inspector, be packed in suitable package or cases each of which shall be sealed and marked with such mark.

(m) Removal of Rejection (i) Any stores submitted for inspection at a place other than the premises of the supplier and rejected shall be removed by the supplier subject as hereinafter provided within 14 days of the date of receipt of intimation of such rejection. If it is proved that letter containing such intimation is addressed and posted to him at the address mentioned in the schedule, it will be deemed to have been served on the supplier at the time when such letter would in the course of ordinary post reach the supplier. It shall be competent for the Inspector to call upon the supplier to remove what he considers to be dangerous, infected or perishable stores within 48 hours of the receipt of such intimation.

(ii) Such rejected stores shall under all circumstances lie at the risk of the supplier from the moment of such rejection and if such stores are not removed by the supplier within the period aforementioned, the Inspector/Purchaser may either return the same to the supplier at his risk and cost a public tariff rate by such mode of transport as the purchaser or Inspector may select, or dispose of such stores at the supplier’s risk on his account and retain in such portion of the proceeds as may be necessary to cover any expense incurred in connection with such disposal. The purchaser shall also be entitled to recover handling and storage charges for the period during which the rejected stores are not removed.

(n) Inspection Notes On the stores being found acceptable by the Inspector, he shall furnish the supplier with necessary copies of Inspection notes duly completed, for being attached to the supplier’s bill in support thereof.

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18. Packing and Transport

(a) It shall be the responsibility of the successful bidders to arrange for the stores being sufficiently and properly packed for transport by Rail, Road or Sea as the case may be so as to their being free from loss or injury on arrival at destination. The packing of the stores shall be done at the expense of the successful bidder.

(b) The successful bidder is responsible for obtaining a clear receipt from the transport authorities specifying the goods dispatched. He will not book any consignment on a “said to contain” basis. If he does so, he does it on his own responsibility. Coal India Limited and/or its subsidiary company shall pay for only such stores as are actually received by them in accordance with the contract.

(c) All packing cases, containers, packing and other similar materials shall be supplied free by the successful bidder and shall not be returned unless otherwise specified in the contract/supply order.

(d) Packages must be so marked that identification is made easy. Packages will be stamped with identification marks both outside the packages as well as on the contents inside.

Packages containing articles liable to be broken by rough handling like glass or machinery made of cast iron will be marked with cautionary works like ‘Fragile’, ‘Handle with care’. Weight of each packages will be marked on the package.

(e) A complete list of contents in each package called the packing list will be prepared and one copy will be packed in the package itself and another copy will be forwarded to the consignee, in advance

19. Delivery : The time for and the date of delivery of the stores stipulated in the ‘Purchase Order’ shall be deemed to be of the essence of the contract and delivery of the stores must be completed by the date specified.

20. In the event of failure to delivery or dispatch the stores within the stipulated date/period in accordance with the samples and/or specifications mentioned in the supply order and in the event of breach of any of the terms and conditions mentioned in the supply order, Coal India Ltd. and its Subsidiary Companies should have the right :

(a)To recover from the successful bidder as agreed liquidated damages, a sum not less than 0.5%(half percent) of the price of any stores which the successful bidder has not been able to supply as aforesaid for each week or part of a week during which the delivery of such stores may be in arrears limited to10%. Where felt necessary the limit of 10% can be increased to 15% at the discretion of Head of the Materials Management Division.

(b) To purchase elsewhere, after due notice to the successful bidder on the account and at the risk of the defaulting supplier the stores not supplied or others of a similar description without canceling the supply order in respect of the consignment not yet due for supply or

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(c)To cancel the supply order or a portion thereof, and if so desired to purchase the stores at the risk and cost of the defaulting supplier and also –

(d) To extend the period of delivery with or without penalty as may be considered fit and proper, the penalty, if imposed shall not be more than the agreed Liquidated Damages referred to in clause (a) above.

(e) To forfeit the security deposit full or in part.

(f) Whenever under this contract a sum of money is recoverable from any payable by the supplier, Coal India Limited and its subsidiary companies shall be entitled to recover such sum by appropriating, in part or in whole by deducting any sum or any other contract should this sum be not sufficient to cover the full amount recoverable, the successful bidder shall pay Coal India Limited and its subsidiary companies on demand the remaining balance. The supplier shall not be entitled to any gain on any such purchase.

21. If the execution of the contract/supply order is delayed beyond the period stipulated in the contract/supply order as a result of outbreak of hostilities, declaration of an embargo or blockade, or fire, flood, acts of nature or any other contingency beyond the supplier’s control due to act of God then Coal India Limited or its subsidiary companies any allow such additional time by extending the delivery period, as it considers to be justified by the circumstances of the case and its decision shall be final. If and when additional time is granted by the Coal India Limited and its subsidiary companies, the contract/supply order shall be read and understood as if it had contained from its inception the delivery date as extended.

22. The supplier shall allow reasonable facilities and free access to his works and records to the Inspector, Progress Officer or such other Officer nominated for the purpose. Inspector of stores, i.e. supplies made by the successful bidder against the supply order mentioned at (15) above, shall be carried out by the Inspector/Consignee at the colliery site/stores or by the Inspecting Wing (inclusive of all its branch offices) of the DGS&D, New Delhi or any other agency as may be specified in the supply order. Where necessary, inspection may be carried out at the supplier’s premises.

23. Coal India Ltd. and/or its subsidiary companies do not bind itself to accept the lowest or any tender and reserves to itself the right of accepting the whole or any part of the tender or portion of the quantity offered and the bidder shall supply the same at the rate quoted.

24. The supplier shall at all times indemnify Coal India Limited and its subsidiary companies against all claims which may be made in respect of the supplies for infringement of any right protected by patent, Registration of Design or Trade Mark, provided that in the event of any claim in respect of alleged breach of Letter Patent, Registered Design or Trade Mark being made against Coal India Ltd. and/or its subsidiary companies, the said authority shall notify the supplier of the same and the supplier shall be at liberty at his own expense to settle any dispute or to conduct any litigation that may rise there from.

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25. Carrying Vessels for Imported Items In case of machinery imported from abroad, it is preferable that shipment should be affected in Indian Vessels, wherever possible. Supplies will however not be delayed on this account.

26. Freight The stores shall be dispatched at public tariff rates in the case of FOR station of dispatch contract and the stores shall be booked at full wagon rates whenever available and by the most economical route or by the most economical tariff available at the time of dispatch as the case may be. Failure to do so will render the supplier liable for any avoidable expenditure causes to the purchaser.

Where alternative routes exist, Coal India Limited/and or its subsidiary companies shall, if called upon also to do indicate the most economical route available or name the authority whose advice in the matter should be taken and acted upon. If any advice of any such authority is sought, his decision or advice in the matter shall be final and binding on the supplier.

27. Passing of Property

Property in the stores shall not pass to the purchaser unless and until the stores have been delivered to the consignee or interim consignee as the case may be in terms of the contract. 28. Laws Governing the Contract This contract shall be governed by the Laws of India for the time being in force.

Irrespective of the place of delivery, the place of performance of place of payment under the contract, the contract shall be deemed to have been made at the place from which the acceptance of tender or supply order has been issued.

Jurisdiction of Courts The courts of the place from the acceptance of tender has been issued shall alone have jurisdiction to decide any dispute arising out of or in respect of the contract.

Marking of Stores The marking of the stores must comply with the requirements of the law relating to Marchandise Marks for the time being inforce in India.

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29. Corrupt Practices

The supplier shall not offer or give or agree to give to any person in the employment of the purchaser or working under the orders of Coal India Ltd. and/or its subsidiary companies any gift or consideration of any kind as an inducement or reward for going or forebearing to do or for having done or forborne to do any act relating to the obtaining or execution of the contract or any other contract with the purchaser or for showing or forebearing to show favour or disfavour to any person in relation to the contract or any other contract with the purchaser. Any breach of the aforesaid condition by the supplier or any one employed by him or acting on his behalf(whether with or without the knowledge of the supplier) or the Commission of any offence by the supplier or by any one employed by him or acting on behalf under Chapter IX of the India Penal Code, 1860 or the Prevention of Corruption Act, 1947 and any amendments thereto or any other Act enacted for the prevention of corruption by Public Servants shall entitle Coal India Limited and or its subsidiary companies to cancel the contract and all or any other contract with the supplier and to recover from the supplier the amount of any loss arising from such cancellation in accordance with the provisions of Clause 20.

Any dispute or difference in respect of either the interpretation effect or application of the above condition or of the amount recoverable, the re-under by the purchaser from the supplier shall be decided by Coal India Limited and its subsidiary companies whose decision thereon shall be final and binding on the supplier.

30. Insolvency and Breach of Contract

(a) Coal India Limited and/or its subsidiary companies may at any time by notice in writing, summarily determine the contract without compensation to the supplier in any of the following event, that is to say :

If the supplier being an individual or if a firm any partner thereof, shall at any time be adjusted insolvent or shall have a receiving order or order for administration of his estate made against him or shall take any proceeding for composition under any Insolvency Act for the time being in force or make any conveyance or assignment of his effects or enter into any arrangements or composition with his creditors or suspend payment or if the firm be dissolved under the Partnership Act.

(b) If the supplier being a company is would up voluntarily by the order of a court or a Receiver, Liquidator Manager on behalf of the Debenture-Holders is appointed or circumstances shall have arisen which entitles the court or Debenture-Holders to appoint a Receiver, Liquidator or Manager.

If the supplier commits any breach of the contract not herein specifically provided or, Provided always that such determination shall not prejudice any right of action or remedy which shall have accrued or shall accrue thereafter to the purchaser and provided also the supplier shall be liable to pay to the purchaser for any extra expenditure he is thereby put to and the supplier shall under no circumstances be entitled to any gain on repurchase.

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31. Terms of Payment

(a) For all stores, 100% payment should be made on receipt of the consignment at site and acceptance by the consignee as per actual payment term stipulated in the contract. The number and date of Railway receipt, Bill of Lading, Air Way Bill or Consignment Note under which the goods charged for in the bill are dispatched by Railway, Ship, Air or Road respectively, and the number and date of the letter with which such Railway Receipt, Bill of Lading, Air Way Bill or Consignment Note is forwarded to the consignee should be quoted on the bill. In the case of stores dispatched by post, the postal receipt should be attached in original to the bill and its number and date quoted therein.

(b) Payment against the supply orders placed either by the Subsidiary company or by CIL shall be arranged by the Subsidiary Companies, if not specified otherwise. Wherever order is placed by CIL on any foreign supplier involving requirement of more than one Subsidiary Co., payment shall be arranged by CIL normally through Letter of Credit.

(c) Payment for Agency Commission, if any, involved, may be considered in case of necessity, subject to compliance of the Government of India Guidelines issued from time to time. The name of the Indian Agent with their full address and the quantum of Agency Commission, if any, payable, shall have to be mentioned in the supply order itself.

(d) Payment from CIL may also be considered, if felt necessary, by the CIL management, even though order is placed against the requirement of one subsidiary company by CIL .

(e)Specific payment term may be formulated in accordance with the provisions laid down (as applicable) at Chapter-IX of the Purchase Manual.

32. Progress Reports

(a) The supplier shall from time to time render such reports concerning the progress of the contract and/or supply of the stores in such form as may be required.

(b) The submission, receipt and acceptance of such reports shall not prejudice the right of the purchaser under the contract, nor shall operate as an estonnel against the purchaser merely by reason of the fact that he has not taken notice of or objected to any information contained in such report.

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Annexure-VIII

Security Deposit Bank Guarantee Proforma To M/s. Coal India Limited, 10, Netaji Subhas Road, Kolkata-700001.

In consideration of Coal India Limited having its office at 10, Netaji Subhas Road, Kolkata hereinafter called “the Purchaser” (which expression shall unless repugnant to the subject or context including its successors and assigns) having agreed under the terms and conditions of Contract No…………….dated………made between M/s. …………a Company having its office at…………………………(hereinafter called “the Supplier” in connection with supply of hereinafter called the “said Contract” to accept a Deed of Guarantee as herein provided for Rs……………….in lieu of security deposit in cash/Bank Draft as contained in the said Contract, we, the……………….Bank Limited (hereinafter referred to as the said Bank having its office at………….do hereby undertake and agree to indemnify and keep indemnified that Purchaser from time to time to the extent of Rs…………….. (Rupees………………………) against any loss, damage caused, charges and expenses caused to or suffered by or that may be caused to suffered by the Purchaser by reason of any breach or breaches by the said supplier of any of the terms and conditions contained in the said Contract .

We, the ………………….Bank Limited do hereby undertake to pay the amount due and payable under this guarantee without demur merely on demand from the purchaser stating that the amount claimed is due from the supplier for the reason of breach by the said supplier of any of the terms and conditions contained in the said contract.

We, the ………………….Bank Limited do hereby agree that any demand made by purchaser on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. We shall not withhold the payment on the ground that the supplier has disputed its liability to pay or has disputed the quantum of amount or that any legal proceeding is pending between the purchaser and the supplier regarding the claim. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs………… We, the ………. Bank Ltd. do further agree that the guarantee herein contained shall come into force from the date hereof and shall remain in full force and effect upto ………… Unless a demand or claim under this guarantee is made on us in writing on or before……….. we shall be discharged of all liabilities under this guarantee thereafter. . We, the ……………Bank Limited further agree with the Purchaser, that the Purchaser shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Contract or to extend the time of delivery of the specified items in the Contract from time to time or to postpone for any time or from time to time any of the powers exercisable by the Purchaser against the said supplier and to forebear or enforce any of the terms and conditions relating to the said Contract and we shall not be relieved from our liability by the reason or any such variations or extension being granted to the said Supplier or for any forbearance act or omission on the part of the Purchaser, or any indulgence by the Purchaser, to the said Supplier or by any such matter or thing whatsoever which under the law relating to sureties would but for this provision have effect of so relieving us. 62

Annexure-VIII (SDBG Proforma)

The Bank further agrees that in case this Guarantee is required for a longer period and it is not extended by the Bank beyond the period specified above, the Bank shall pay to the Purchaser the said sum of…………………or such lesser sum as may then be due to the Purchaser and as the Purchaser may demand.

We, the ………………….Bank Limited lastly undertake not to revoke this Guarantee during this currency except with the previous consent of the Purchaser in writing.

The Bank has under its constitution power, to give this Guarantee and Mr. ……………., Manager who has signed it on behalf of the Bank has authority to do so.

This Bank Guarantee will not be discharged due to the change in the constitution of Bank or the Supplier.

Dated……………..day of………. For………………….Bank Limited.

Signature of the authorized person For and on behalf of the Bank.

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ANNEXURE-IX CHECK LIST Sl. Item NIT Clause BIDDER to Indicate Page No. Ref & indicate in offer where Pager confirmation/ particular Ref acceptance in statements/ ‘Yes’or‘No’as documents are per NIT available 1. Whether Integrity Pact has been signed and submitted. 2. Methodology of Reverse Auction as per 12(p) of General Terms 3. No deviation in terms and conditions acceptable 4. Affidavit for authenticity of documents submitted 5. Supply of Extra quantity 6. Product & Year wise offer capacity 7. Product wise PESO Lic capacity, Lic No & date etc with validity 8 List of Magazine & Ownership 9. Licensed capacity of magazines alongwith PESO Lic No etc 10 Vehicle No. of Explosive vans alongwith Lic No & capacity etc 11 Details of ISO certificate 12 List of Mining Engineers 13 Statutory/DGMS approval 14 Technical Specification of product 15 List of equipments at factory Essential Mandatory Certificate furnished 16 Powder factor-clause 20(annex-II) 17 Earnest Money/Security Deposit 18 Validity of Tender 19 Price 20 Minimum offer qty 21 Qualification criteria 22 Duration of Contract 23 Delivery schedule 24 Liquidated Damages 25 Risk Purchase Clause 26 Payment Terms 27 Price Fall Clause/ Price Certificate 28 Taxes and Duties, ST/VAT clearance certificate 29 Performance & Penalty 30 Price, Acceptance of L1 offers for LD column & LD booster 31 Price Evaluation 32 Distribution of qty 33 Dist. of qty to Reserved RC holder 34 Jurisdiction of Court

Signature of Authorised Signatory of Bidder with stamp 64

ANNEXURE-X (On Rs 10/- worth of Non Judicial Stamp Paper)

BEFORE THE FIRST CLASS JUDICIAL MAGISTRATE AT……………

Affidavit (Strike out whichever is not applicable)

I______S/o______Aged______Working as MD/Director/Chief Executive Partner/Sole proprietor/ Manager/…………….. of M/s______having its registered office at ______(hereinafter referred to as Bidder) do hereby solemnly affirm and declare on oath as follows:

1. That I am competent being authorized by M/s…………………to swear this affidavit and the copy of the document pertaining to such authorization is annexed herewith marked as Annexure “A”.

2. That in response to Tender Notice being no. CIL/C2D/Sec.II/Cartridge Explosives and Accessories/2010-2011/81 dated 09.10.2009 for the year 2010-11 issued by Coal India Limited having its registered office at 10, Netaji Subhas Road, Kolkata (hereinafter referred to as CIL) for supply of Explosives, Accessories the Bidder submits herewith the techno-commercial bid under cover I along with documentary evidences in support of the credential of the bidder.

That I am fully aware of the contents of the cover I , techno-commercial bid being submitted herewith by the bidder and declare that all the contents of the said cover are true and correct.

4. That I certify and declare that all documents, attested copies of documents contained in the aforesaid bid under cover I and true copies of original are authentic.

5. That I certify and declare that all information provided and statements made in the aforesaid bid are correct and the documentary support of such statements submitted with the aforesaid bid are genuine and authentic.

6. That I declare that the terms & conditions of the tender for supply of Explosives and Accessories contained in the tender document of CIL have been fully understood and the bidder shall abide by the said terms & conditions in all respect.

That I declare and confirm that in the event of any information and statements contained in the tech-commercial bid under cover I and any of the documents annexed in support of the credential of the bidder are found to be incorrect or false or not authentic and not genuine at any time, the bidder shall be liable to be penalized as per the penal provisions in the terms & conditions of the tender including termination of contract if contract is awarded and bidder shall also be liable for payment of damages as may be claimed by CIL.That the statements made in the forgoing paragraphs are true and correct to my knowledge and the contents thereof are binding on the Bidder. Deponent Place : Date :

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Annexure XI

BENCH MARK POWDER FACTOR FOR EACH MINE (2010-11)

Benchmark powder factors for OC mines showing Benchmark Powder Factor for coal and Benchmark Powder Factor for OB in Shovel–Dumper bench and Powder Factor for OB in Dragline bench.

Benchmark powder factors for UG mines showing Benchmark Powder Factor for coal in Development District and Benchmark Powder Factor for coal in Depillaring District.

Powder factor for Coal(Te/Kg) and OB(CuM/Kg)

ECL Sl Name of Mine Type UG Mines OC Mines Coal PF Coal PF CoalPF OB PF OB PF Develop- Depillaring Shovel- Dragline ment Dumper Pandaveswar Area 1. Madhaipur UG 2.16 4.30 2. Manderboni UG 0.00 3.87 3. Pandaveswar UG 1.85 3.95 4. Dalurband UG 2.60 3.10 5. Kendra UG 1.89 0.00 6. South Samla UG 1.89 0.00 7. Khottadih UG UG 2.00 2.40 8. Khottadih OC OC 8.43 3.18 9. Dalurband OC(H) Phase II OC 6.50 3.50

Bankola Area 10 Moira UG 2.25 4.20 11 Khandra UG 2.29 3.87 12. Bankola UG 2.00 2.95 13. Shyamsundarpur UG 1.89 3.03 14. Kumardihi ‘A’ UG 2.00 2.89 15. Kumardihi ‘B’ UG 0.00 5.52 16. Tilaboni UG 1.90 0.00 17. Shankarpur UG 1.85 0.00 18. Nakrakonda UG 0.00 3.66 19. Nakrakonda OC (H) OC 6.50 3.00 20. Bankola OC (H) OC 6.50 3.00

Jhanjra Area 21. Jhanjra 1&2 UG 2.06 2.19 22. Jhanjra MIC UG 2.04 0.00 23. Jhanjra 3&4 UG 2.08 0.00

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ECL Sl Name of Mine Type UG Mines OC Mines Coal PF Coal PF CoalPF OB PF OB PF Deve- Depillaring Shovel- Dragline lopment Dumper Kajora Area 24 Madhusudanpur 7 Pit UG 0.00 2.40 25 Madhusudanpur 3&4 Pit UG 0.00 3.00 26. Nabakajora UG 1.93 2.43 27. Madhabpur UG 1.76 2.50 28. Parascole East UG 2.37 3.62 29. Parascole West UG 0.00 3.85 30. Jambad UG 3.19 4.65 31. Khas Kajora UG 3.72 3.90 32. Lachipur UG 0.00 3.35 33. Central Kajora UG 2.08 0.00 34. Jambad OC OC 4.50 2.58 35. Madhabpur OC(H) OC 6.50 4.49

Kenda Area 36 New Kenda UG 4.16 4.17 37 Bahula UG 3.94 4.24 38. Lower Kenda UG 3.53 3.34 39. Haripur UG 1.86 0.00 40. Chora 7&9 UG 2.31 3.53 41. Chora 10 Pit UG 2.38 2.80 42. Chora Incline UG 1.45 0.00 43. Siduli UG 1.80 3.57 44. C L Jambad UG 0.00 3.56 45. Siduli OC OC 5.90 5.17 46. W K OCP OC 5.70 4.40 47 Sankarpur Ext. OC OC 6.42 3.87

Kunustoria Area 48 Amritnagar UG 2.46 0.00 49 Amrasota UG 1.75 0.00 50. N Searsole UG 2.81 3.00 51. Kunustoria UG 3.00 3.52 52. Bansra UG 2.90 3.11 53. Belbaid UG 2.63 3.52 54. Parasea 6&7 Incline UG 0.00 3.52 55. Parasea Pit UG 3.54 4.26 56. Mahabir OC OC 6.00 6.36 57. Belbaid OC OC 7.46 4.80 58. Parasea/Egra OC OC 6.00 3.00

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ECL Sl Name of Mine Type UG Mines OC Mines Coal PF Coal PF Coal OB PF OB PF PF Deve- Depillaring Shovel- Dragline lopment Dumper Sonepur Bazari Area 59. Sonepur OC (H) OC 7.00 2.80 60. Sonepur OC OC 7.00 2.80 1.87

Sripur Area 61. Ghusik UG 3.50 0.00 62. Ningha UG 2.07 0.00 63. S S Incline UG 1.60 0.00 64. K D Incline UG 1.91 0.00 65. Bhanora West UG 2.17 0.00 66. Kalipahari UG 0.00 3.39

Satgram Area 67 Kalidaspur UG 2.15 2.52 68 Ratibati UG 1.71 0.00 69 Chapuikhas UG 1.83 0.00 70 Mithapur UG 1.96 0.00 71 Nimcha UG 2.30 3.50 72 Jemehari UG 2.25 0.00 73 Pure Searsole UG 2.20 0.00 74 Tirat UG 0.00 2.20 75 Kuardih UG 0.00 3.46 76 Satgram Inc. UG 0.00 2.84 77 Satgram Pit UG 1.71 0.00 78 J.K. Nagar UG 1.95 0.00 79 Sitaldasji OC OC 6.00 8.00 80 Damalia OC (H) OC 5.81 4.00

Sodepur Area 81 Mithani UG 2.20 3.27 82 Bejdih UG 2.19 3.55 83 Dhemomain Pit UG 2.15 2.90 84 Dhemomain Incl. UG 2.29 3.00 85 Narsamuda UG 1.81 2.04 86 Patmohana UG 2.25 3.49 87 Sodepur UG 1.82 2.66 88 Mouthdih UG 0.00 2.66 89 Parbelia UG 2.52 2.95 90 Dubeswari UG 2.30 2.50 91 Chinakuri-I UG 3.17 4.00 92 Chinakuri -III UG 2.07 3.49 93 Methani OC(H) OC 6.50 5.25

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ECL Sl Name of Mine Type UG Mines OC Mines Coal PF Coal PF Coal PF OB PF OB PF Develop- Depillarin Shovel- Dragline ment g Dumper Salanpur Area 94 Dabor UG 2.11 0.00 95 Begunia UG 2.31 0.00 96 Monoharbahal UG 0.00 2.00 97 Chakballavpur UG 2.03 0.00 98 Gouranjdih OC OC 10.40 3.45 99 Mohonpur OC OC 9.20 3.77 100 Khoirabad OC (H) OC 10.40 6.93 101 Sangramgarh OC (H) OC 6.50 2.92 102 Dabor OC OC 5.83 3.77

Mugma Area 103 Hariajam UG 2.00 0.00 104 Badjna UG 2.12 4.40 105 Chapapur UG 1.96 2.50 106 Khoodia UG 2.27 0.00 107 Lakhimata UG 2.03 0.00 108 Kumardhubi UG 2.33 0.00 109 Shampur ‘B’ UG 2.21 0.00 110 Mandman UG 1.86 0.00 111 Barmuri OC OC 5.80 4.50 112 Rajpura OC OC 7.00 3.00 113 Gopinathpur OC OC 6.50 3.75 114 Khoodia OC(H) OC 8.00 3.00

S.P. Mines Area 115 Chitra ‘A’ OC OC 7.80 2.56 116 Chitra ‘B’ OC OC 7.90 2.44

Rajmahal Area 117 Rajmahal OC(D) OC 6.55 4.06 118 Rajmahal SWS(H) OC 6.55 4.06 119 Hura-C OC (H) 6.55 4.06 120 Simlong OC Patch OC 6.50 3.50

NB. In case of ECL mines, the names of OCPs with ear-mark of “(H)” indicates hired HEMM OC patches and where this ear-mark “(H)” is not mentioned at the end of OCPs name those are Departmental OCPs .

69

BCCL Sl Name of Mine UG Mines OC Mines Coal PF Coal PF Coal PF OB PF OB PF Develop Depillaring Shovel- Dragline ment Dumper BARORA 1 Damoda 2.05 6.51 2.87 2 Damoda hired HEMM 6.51 2.87 3 Muraidih OCP 5.27 1.61 4 Shatabdi OC 6.60 3.00 5 Shatabdi Patch 5.6 1.6 6 Madhuban 1.60 7 Phularitand 1.92

BL-II 8 BL-II OC 6.08 1.55 0.94 9 Jamunia OC 7.66 1.57 10 Crusher patch II 6.73 1.56 11 Kalimandir patch 7.66 1.45

GOVINDPUR 12 Kharkharee 2.60 13 Mahespur 2.15 14 Jogidih 2.39 7.96 2.59 15 BL-IV/Kooridih 2.67 9.32 2.56 16 BL-IV hired HEMM 9.32 2.56 17 N / Akashkinaree 7.00 1.82 Hired HEMM 18 Govindpur 2.35 19 New Akashkinaree 2.35 3.07

KATRAS 20 Salanpur 2.37 21 Angarpathra 2.40 22 Ramkanali 2.27 23 A.K.W. Mudidih 2.39 4.20 4.55 1.75 24 Chandore patch 4.55 1.75 25 Katras Choitudih 2.05

SIJUA 26 Bansdeopur 2.45 27 Bansdeopur hired HEMM 7.37 2.14 28 Mudidih hired HEMM 5.51 2.38 29 Kankanee 2.08 30 Kankanee Patch 7.4 1.8 31 Mudidih 2.13 32 Loyabad 2.84 2.84 33 S/Bansjora 2.58 7.37 2.14 34 Nichitpur OCP 7.44 1.83 35 Tetulmari 2.78 5.51 2.20

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BCCL

Sl Name of Mine UG Mine OC Mines Coal PF Coal PF Coal PF OB PF OB PF Develop Depillaring Shovel- Dragline ment Dumper KASUNDA 36 Bassuriya 2.24 37 E. Bassuriya 2.22 38 Godhar 2.28 39 Dhansar 2.45 40 Vishwakarma OC 4.51 1.60 41 Kusunda OCP 4.90 1.70 42 Kusunda hired HEMM 4.50 1.60 43 Gondudih hired HEMM 4.50 1.80

CH VICTORIA 44 Begunia 3.60 45 Basantimata 2.00 46 Damagoria OC 7.86 2.22 47 Dahibari OCP 4.24 1.62

P. BALIHARI 48 Balihari(KB) 10/12 3.97 49 SB 5/7 Pits 2.57 50 PB Project 2.66 51 Gopalichak 2.15 52 Gopalichak hired HEMM 5.20 53 Bhagaband 4.47

KUSTORE 54 Alkusa 2.30 55 Burragarh 1.50 2.54 56 Hurriladih 2.20 5.41 57 Simlabahal /New Pit 2.22 2.50 58 Ena OC 5.30 59 ROCP hired HEMM 5.01 2.62 60 S. Jharia/ROCP 10.55 4.93

BASTACOLLA 61 Bastacolla 2.18 2.61 6.33 1.52 62 Bera 2.18 3.03 7.78 2.90 63 Dobari 2.57 3.14 64 Kuiya 2.51 8.35 1.47 65 Victory OC 6.24 66 Ghanoodih OCP 7.74 2.92

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BCCL Sl Name of the Mine UG Mines OC Mines Coal PF Coal PF Coal PF OB PF OB PF Develop Depillaring Shovel- Dragline ment Dumper

LODNA 67 N. Tisra 1.97 3.30 5.76 1.65 68 S. Tisra OC 6.62 1.13 69 Jeenagora 6.18 1.13 70 Joyrampur 2.23 3.69 71 Lodna 2.02 3.07 72 Bagdigi 2.34 73 Bagdigi Patch-E 5.6 1.6 74 Bararee Patch-F 5.6 1.6 75 Bararee 1.83

E/ JHARIA 76 Bhowrah (N) 2.76 4.10 77 Bhowrah (S) 2.21 2.58 78 Amlabad 2.13 79 Sudamdih (Shaft) 2.15 3.38 80 Sudamdih (Incline) 2.97 81 C.O.C.P.(Bhowra) 8.87 2.66 82 C.O.C.P (Patherdih) 8.40 2.42 83 Patherdih 3.17

W / Jharia 84 Moonidih 2.40 1.40(drifting) 85 Murlidih 20/21 Pit 2.20 3.22 86 Lohapatty 1.26

NCL Sl Name of Mine UG Mines OC Mines Coal PF Coal PF Coal PF OB PF OB PF Deve- Depillaring Shovel- Dragline lopment Dumper

1. Amlohri 6.76 2.17 1.64 2 Bina 6.92 1.94 1.73 3 Dudhichua 7.56 2.08 1.565 4 Jayant 7.21 1.93 1.90 5 Jhingurdah 10.06 2.17 6 Kakri 7.81 2.046 7 Khadia 8.36 2.17 1.84 8 Nigahi 8.61 2.05 1.74 9 Krishnashila 7.09 1.84 10 Block -B 6.33 1.93

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CCL Sl Name of Mine Type UG Mines OC Mines Coal PF Coal PF Coal OB PF OB PF PF Deve- Depillaring Shovel- Dragline lopment Dumper Barka-Sayal 1 Bhurkunda UG 3.12 2 Saunda D UG 2.69 3 Sayal D UG 2.08 4 Urimari UG 1.88 5 Saunda UG 2.87 6 Central Sounda UG 2.61

Argada 7 Argada UG 1.97 8 Sirka UG 2.19

NK Area 9 Churi UG 1.94

Piparwar 10 Ray-Bachra UG 2.89

Kuju 11 Sarubera UG 2.82 12 Kuju UG 1.75 13 Topa UG 2.83 14 Pindra UG 1.90

Hazaribagh 15 Kedla UG 2.80 3.36 16 Laiyo UG 2.48

B & K 17 Kargali UG 2.26 18 Karo UG 2.01 19 KMP UG 2.20 20 KSP II UG 2.26

Dhori 21 N.S.D. UG 3.40 22 Dhori Khas UG 3.56

Kathara 23 Sawang UG 3.26 24 Govindpur UG 2.19 25 Jarangdih UG 3.11

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CCL Sl Name of Mine Type UG Mines OC Mines Coal PF Coal PF CoalPF OB PF OB PF Deve- Depillaring Shovel- Dragline lopment Dumper Barka-Sayal 26 Urimari OC 5.24 2.23 27 Birsa OC 4.85 2.28 28 Bhurkunda OC 6.65 3.21

Argada 29 Gidi A OC 4.57 2.73 30 Gidi C OC 6.47 2.23 31 Religara OC 5.55 2.23 32 Sirka OC 5.80 2.99

NK 33 Dakra OC 5.04 2.97 34 KDH OC 4.50 3.24 35 KDH B OC 4.47 2.10 36 Rohini OC 5.19 2.20

Rajhara 37 Rajhara OC 7.00 5.84 38 Tetariakhar OC 7.20 3.52

Piparwar 39 Piparwar OC 7.71 2.76 OC(Cont) 2.76 40 Ashoka OC 5.54 2.54 OC(Cont) 2.54

Rajarappa 41 Rajarappa OC 5.96 1.68

Kuju 42 Sarubera OC 5.26 2.33 43 Ara OC 5.04 2.33 44 Topa OC 6.36 3.50 45 Karma OC 7.25 2.37 46 Pundi OC 6.15 1.95

Hazaribagh 47 Tapin N OC 5.52 1.90 48 Parej East OC 6.53 2.10 49 Jharkhand OC 5.21 1.43 50 Kedla OC 6.31 1.77

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CCL Sl Name of Mine Type UG Mines OC Mines Coal PF Coal PF Coal OB PF OB PF PF Deve- Depillaring Shovel- Dragline lopment Dumper B&K 51 Bokaro OC 6.05 3.32 52 Kargali OC 6.08 2.60 53 Karo OC 5.24 1.90 54 KMP OC 5.76 3.53 55 Giridih OC 7.93 2.63

Dhori 56 Amlo OC 8.82 2.78 57 Dhori OC 6.76 1.88 58 SDQ 1 OC 6.27 2.00 59 SDQ 3 OC 7.58 2.14

Kathara 60 Kathara OC 6.05 2.31 61 Jarangdih OC 7.12 2.36 62 Sawang OC 6.13 1.82

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SECL Sl Name of Mine Type UG Mines OC Mines Coal PF Coal PF Coal OB PF OB PF PF Develop Depillaring Shovel- Dragline -ment Dumper

1 Churcha East UG 2.71 5.6 2 Churcha West UG 2.64 4.5 3 Katkona 1&2 UG 2.03 4 Katkona 3&4 UG 2.11 5 Pandavpara UG 1.95 6 Jhilimili UG 1.9 7 Bhadgaon UG 1.4 2.2 8 Mahamaya UG 1.4 9 Kalyani UG 1.4 10 Shiwani UG 1.5 11 Nawapara UG 1.25 12 Jainagar 5/6 UG 3.1 13 Rehar UG 2.07 14 Gayatri UG 1.75 15 Kumda 7/8 UG 1.8 2.4 16 Kumda New UG 17 Balrampur UG 1.88 18 Kurasia UG 2.09 3.47 19 Bartunga UG 1.84 1.9 20 Anjanhill UG 2.2 2.11 21 NCPH UG 2.4 3.41 22 North Chrm. UG 2.63 4.14 23 Rani Atari UG 1.71 24 West JKD UG 1.99 4.97 25 B-Seam UG 1.79 2.45 26 Palkimara UG 1.7 2.19 27 Raj R.O. UG 1.84 2.09 28 S. Jhimar UG 1.57 29 Malga UG 2.17 2.85 30 Bijuri UG 1.89 4.1 31 Somna UG 2.11 2.4 32 Behraband UG 1.97 33 Kurja UG 1.51 34 Kapildhara UG 2.02 35 Govinda UG 4.57 5.5 36 Meera UG 2.49 37 KOT. West UG 2.6 3.53 38 JAM. 11&12 UG 2.24 4.57 39 JAMUNA 9&10 UG 2.39 2.55 40 JAMUNA 5&6 UG 2.31 41 JAMUNA 1&2 UG 3.99 4.61

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SECL Sl Name of Mine Type UG Mines OC Mines Coal PF Coal PF Coal OB PF OB PF PF Develop Depillaring Shovel- Dragline ment Dumper 42 BHADRA UG 2.25 43 BARTARAI UG 2.44 44 AMADAND UG 1.58 45 Nowrozabad East UG 46 Nowrozabad West UG 2.85 4.28 47 Birsinghpur UG 2.71 48 PALI UG 2.62 2.84 49 Pinoura UG 2.23 50 Vindhya UG 2.28 2.95 51 Umaria UG 3.64 52 Piparia UG 1.69 53 Dhanpuri UG UG 2.25 4.26 54 Rajendra UG UG 2.51 55 Navgaon UG UG 2.39 3.39 56 Bangwar UG UG 2.38 57 New Amlai UG UG 2.6 6.2 58 Rajgamar UG 2.13 4.27 59 Pawan UG 2.27 60 Banki (M) UG 2.27 3.14 61 Banki 9&10 UG 1.87 2.43 62 Banki 5&6 UG 63 Surakachar (M) UG 2.53 64 Surakachar 3&4 UG 1.91 2.51 65 Surakachar 5&6 UG 2.24 2.3 66 Balgi UG 2.28 3.1 67 Dhelwadih UG 1.91 68 Singhali UG 2.05 69 Bagdewa UG 1.88 70 Dharam UG 2.2 71 Chhal UG 2.12 72 Dugga OC OC 6.6 1.18 73 Mahan I OC OC 3.68 1.07 74 Mahan II OC OC 75 Bhatgaon OC OC 76 Kurasia OC OC 3.91 1.9 1.93 77 Chirimiri OC OC 4.9 1.96 1.8 78 West Chrm. OC OC 4.98 2.27 79 Rajnagar OC OC 5.1 1.7 1.5 80 Dipka EXPN. OC 3.92 2.64 81 Gevra OC OC 4.1 2.5 82 Dipka Outsourcing Patch OC 1.65

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SECL Sl Name of Mine Type UG Mines OC Mines Coal PF Coal PF Coal OB PF OB PF PF Develop Depillaring Shovel- Dragline ment Dumper 83 Kusmunda Outsourcing Patch OC 1.8 84 Kusmunda OC OC 3.61 2.6 85 Laxman OC OC 4.26 3.91 86 Bisrampur OC OC 6.59 2.63 3.15 87 Kanchan OC OC 4.44 1.85 88 Baroud OC OC 3.34 2.79 89 Chhal OC OC 3.83 2.03 90 Dhanpuri OCM OC 6.31 1.88 1.63 91 D Sector, Contractual Patch OC 4.5 Dhanpuri OCM 92 Amlai OCM OC 5.98 1.85 1.58 93 Sharda OCM OC 8.31 2.13 94 Sharda Extn. OCM OC 8.82 1.65 95 Baiga OCM OC 96 Jamuna OCM OC 4.5 2 1.25 97 Manikpur OCM OC 4.3 1.91 98 Kotma West OC Mine OC 5.0 99 Kotma West OC Mine OC 3.7 ( for shaly coal )

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MCL Sl Name of Mine Type UG Mines OC Mines Coal PF Coal PF Coal OB PF OB PF PF Develop Depillaring Shovel- Dragline ment Dumper 1 Talcher UG 1.98 2.40 2 Nandira UG 2.06 2.01 3 Orient Mine-2 UG 2.66 4 Orient Mine-3 UG 2.11 5 Orient Mine-4 UG 2.38 6 HRC UG 2.23 7 HBI UG 2.05 8 Jagannath OC 4.50 2.20 9 Ananta OC 4.80 2.80 10 Bharatpur OC 4.50 2.20 1.60 11 Chendipada OC 3.20 12 Lingaraj OC 4.35 2.86 13 Hingula OC 4.63 2.80 14 Balram OC 4.40 2.40 15 Lajkura OC 4.95 2.20 1.70 16 Samaleswari OC 4.40 2.70 1.50 17 Belpahar OC 3.83 2.54 1.68 18 Lakhanpur OC 4.26 2.62 19 Lilari OC 4.50 2.40 20 Basundhara (LD) OC 4.50 3.50 21 Basundhara(SMS) OC 3.53 2.44 22 Kulda OC 3.68 3.25 23 Bhubneswari OC 4.26 2.02

NEC Sl Name of Type UG Mines OC Mines Mine Coal PF Coal PF Coal OB PF OB PF PF Deve- Depillaring Shovel- Dragline lopment Dumper

1. Tipong UG 3.50 2 Ledo UG 9.30 3 Baragolai UG 6.72 4 Tirap OC 6.21 5 Tikak OC 7.01 6 Ledo OC 7.00

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WCL Sl Name of Mine Type UG Mines OC Mines Coal PF Coal PF Coal OB PF OB PF PF Develop- Depillaring Shovel- Dragline ment Dumper Chandrapur 1 HINDUSTANLALPET I UG 3.04 3.20 2 Nandgaon UG 3.34 3.34 3 Chanda Rayatwari UG 4.53 4.53 4 Durgapur Rayatwari UG 2.85 2.95 5 Mahakali UG 3.38 3.56 6 MANA Inc. UG 3.32 3.38

Ballarpur 7 Ballarpur UG 2.23 2.52 8 Sasti UG 2.73 3.19

9 New Majri UG 2.11 2.35

Wani North UG 10 Rajur UG 1.88 11 Kumbharkhani UG 1.81

Nagpur UG 12 Silewara UG 3.57 3.79 13 AB Incline UG 1.68 3.02 14 Pipla UG 2.50 3.40 15 Patansaongi UG 1.72 3.62 16 Saoner – I UG 1.77 3.79 17 Saoner – II UG 1.75 18 Saoner – III UG 1.85 19 Adasa UG 1.88

UMRER 20 MURPAR UG 1.67

Pathakhera 21 PK –I UG 3.23 3.78 22 PK – II UG 2.40 3.50 23 Satpur –II UG 1.60 3.00 24 Shobhapur UG 2.00 2.75 25 Sarni UG 1.90 3.96 26 Tawa-I UG 1.80 2.50 27 Tawa-II UG 1.90 28 CHAT – I UG 2.20 29 CHAT – II UG 2.40 4.52

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WCL Sl Name of Mine Type Use UG Mines OC Mines Coal PF Coal PF Coal OB PF OB PF PF Deve- Depil Shovel- Dragline lopment laring Dumper Pench 30 Mahadeopuri UG 1.91 31 Ganpati UG 2.74 4.80 32 Gajandoh UG 2.67 33 Rawanwara Khas UG 2.71 34 Vishnu Puri- I UG 2.11 35 Vishnu Puri – II UG 2.05 36 Thesgora UG 2.76 37 Mathani UG 2.32 2.75 38 Neharia UG 1.99 39 Kanhan 40 Mohan UG 2.50 4.21 41 Ambara UG 3.50 42 Ghorawari UG 2.90 3.70 43 Damua UG 2.40 44 Nandan I UG 3.50 45 Tandsi ¾ UG 2.50 46 Durgapur OC DEPT 5.94 2.38 47 Durgapur OC HOE 1.55 48 Padmapur OC DEPT 6.35 3.48 49 Padmapur OC HOE 3.48 50 Hindusthan Lalpet OC DEPT 6.79 2.22 51 Hindusthan Lalpet OC HOE 2.22 52 Bhatadi OC DEPT 6.54 3.12 53 Bhatadi OC HOE 2.80 54 Ballarpur OC DEPT 5.75 55 Ballarpur OC HOE 2.50 56 Sasti OC DEPT 6.02 2.52 1.67 57 Sasti OC HOE 2.30 58 Dhuptala OC DEPT 5.29 3.11 59 Dhuptala OC HOE 1.97 60 Gouri I OC DEPT 6.27 2.65 61 Gouri II OC DEPT 5.56 2.65 62 Gouri II OC HOE 2.59 63 Pauni OC DEPT 5.33 3.51 64 NMOC IIA sec(B&C) OC DEPT 6.58 3.08 65 NMOC IA sec A OC HOE 4.73 2.85 66 Navin Kunada Ph-I OC HOE 5.02 1.73 67 Navin Kunada Ph-II OC DEPT 2.17 68 Navin Kunada Ph-II OC HOE 5.02 1.73 69 Telwasa OC DEPT 7.29 3.52

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WCL Sl Name of Mine Type UG Mines OC Mines Coal Coal PF Coal OB PF OB PF PF PF Develo Depilla- Shovel- Drag- pment ring Dumper line

70 Dhurwasa OC DEPT 3.72 71 Dhurwasa OC HOE 4.41 2.71 Wani 72 Naigaon OC DEPT 7.00 1.75 73 Naigaon OC HOE 1.50 74 Niljai OC DEPT 7.08 3.00 75 Niljai OC HOE 2.50 76 Mungoli OC DEPT 7.04 2.90 77 Mungoli OC HOE 2.15 78 Ghughus OC DEPT 7.50 2.75 1.98 79 Ghughus OC HOE 2.20 80 Niljai South OC DEPT 7.21 2.60 81 Kolgaon OC HOE 7.00 2.90 82 Ukni OC DEPT 7.02 3.82 83 Ukni OC HOE 3.00 84 Kolar Pimpri OC DEPT 7.11 3.83 85 Pimpalgaon OC DEPT 7.09 3.00 86 Pimpalgaon OC HOE 2.10 87 Junad OC DEPT 7.05 3.06 88 Junad OC HOE 2.58 89 Kamptee OC DEPT 7.25 3.25 90 Gondegaon OC DEPT 7.75 3.08 91 Inder UG TO OC OC HOE 5.00 2.50 92 Umrer OC DEPT 8.00 2.50 1.71 93 Umrer OC HOE 2.15 94 Makardhokra-II OC DEPT 8.00 3.04 95 Makardhokra II OC HOE 2.50 96 Chinda OC HOE 3.25 2.30 97 Shivpuri OC HOE 6.00 2.40 98 Barkui OC HOE 6.26 3.78 99 Urdhan OC HOE 5.75 1.21 100 Mohan OC HOE 7.00 3.25 101 Ambara OC HOE 7.00 3.25 102 Ghorawari OC HOE 9.00 2.20 103 Damua OC HOE 5.80 1.65

HOE - Hire On Equipment Patch.

ANNEXURE - XII

82

INEGRITY PACT

Between

Coal India Limited ( CIL) hereinafter referred to as “ The Principal”

And

------hereinafter referred to as “ The Bidder/Contractor”

Preamble

The Principal intends to award, under laid down organizational procedures, contracts for ------. The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s and Contracor/s.

In order to achieve these goals, the Principal cooperates with the international Non Governmental Organisation” “Transparency International” (TI). Following TI’s national and international experience, the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles :-

No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for him/herself or third person, any material or immaterial benefit which he/she is not legally entitled to. The Principal will, during the tender process treat all Bidders with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential/additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution. The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 – Commitments of the Bidder/Contractor

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(1) The Bidder/Contractor commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

The Bidder/Contractor will not, directly or through any other person or firm offer, promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

The Bidder/Contractor will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the in the bidding process.

The Bidder/Contractor will not commit any offence under the relevant Anti-corruption Laws of India; further the Bidder/Contractor will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship regarding plans, technical proposals and business details including information contained or transmitted electronically. the Bidder/Contractor will, when presenting his bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder/Contractor will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts

If the Bidder, before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason.

(1) If the Bidder/Contractor has committed a transgression through a violation of Section 2 such as to put his reliability or credibility into question, the Principal is entitled also to exclude the Bidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

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(2) the Bidder accepts and undertakes to respect and uphold the Principal’s absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

(3) If the Bidder/Contractor can prove that he has restored/recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

(4) A transgression is considered to have occurred if in light of available evidence no reasonable doubt is possible.

Section 4 – Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to 3% of the value of the offer or the amount equivalent to Earnest Money Deposit/Bid Security, whichever is higher.

(2) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages equivalent to 5% of the contract value or the amount equivalent to Security Deposit/Performance Bank Guarantee, whichever is higher.

(3) The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder/Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder/Contractor shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 – Previous transgression

(1) The Bidder declares that no previous transgressions occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 – Equal treatment of all Bidders/Contracts/ Subcontractors

(1) The Bidder/Contractor undertakes to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors and Subcontractors. 85

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

Section 7 – Criminal charges against violating Bidders/Contractors/Subcontrctors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 – External Independent Monitor/Monitors (three in number depending on the size of the contract) (to be decided by the Chairperson of the Principal)

(1) The Principal appoints competent and credible external independent Monitor for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Contractor accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Subcontractor with confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and, should the occasion arise, submit proposals for correcting problematic situations.

(7) Monitor shall be entitled to compensation on the same terms as being extended to/provided to Outside Expert Committee members/Chairman as prevailing with Principal.

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(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

(9) The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded.

If any claim is made/lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged/determined by Chairperson of the Principal.

Section 10 – Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Kolkata.

(2) Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made.

(3) If the Contractor is a partnership or a consortium, this agreement must be signed by all partners or consortium members.`

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

------

For the Principal For the Bidder/Contractor (Name and Designation) (Name and Designation)

Place……………….. Witness 1 :………………….

(Name and Designation)

Date………………. Witness 2 :…………………

(Name and Designation)