COAL INDIA LIMITED (CIL)

Transcription

1 COAL INDIA LIMITED (CIL) NIT for SELECTION OF VENDOR TO SUPPLY IMPORTED COAL THROUGH COMPETITIVE BIDDING (CB) NIT NO. CIL/GM(S&M)/NIT(IOC)/ /47252/71 Date 27/01/2014 The General Manager Sales & Marketing Division, Coal India Limited, Apeejay House; Block-B, 15 Park Street, Kolkata (W.B.) Phone No: Coal India Limited 1

2 COAL INDIA LIMITED (CIL) Apeejay House; Block-B, 15 Park Street Kolkata (W.B.) NOTICE INVITING TENDER 1. Name of Work Selection of Agency from among Government Department or Government owned company or Public Sector Entity for supply of Imported Coal to Purchaser (power producers) at Delivery Point (power plant end) including all incidental activities for import, handling and transportation of coal upto Power Plants. 2. Estimated Quantum during the entire period of work 5 million metric tonnes* ± 30% 3. Estimated Value of Work INR 3000 Crores 4. Cost of Bidding Documents Not Applicable 5. Earnest Money Deposit (EMD) 50,00,000/- INR (Rs. Fifty Lakhs) 6. Validity of Bid 180 days from date of opening of Technical Proposal 7. Period of Work Supply of Imported Coal to Purchasers till September Location of Work Various Power Plants in India 9. Selection of Bidder On the basis of lowest Trade Margin in INR per tonne quoted for supply of Imported Coal 10. Availability of Tender Documents (Date and Time) From 03/02/2014, AM To 20/02/2014, 3.00 PM Coal India Limited 2

3 11. Availability of Tender Documents (Website Details) 12. Pre-Bid Meeting (Date, Time, Venue) 13. Format of Submission of Proposal /02/2014 at AM Office of the General Manager (S&M) Coal India Limited Sales and Marketing Division Apeejay House, Block-B 15 Park Street, Kolkata W.B. (India) Phone : Fax : Hard Copy submission. Bids to be submitted in two parts- Technical Proposal and Financial Proposal in separate sealed envelopes. Both of these sealed envelopes to be put in an outer sealed envelope 14. Last Date and Time for Submission of Proposal 15. Place of Submission of Proposal 16. Date and Time for Opening of Technical Proposal 17. Place of Opening of Technical Proposal Note: 27/02/2014 at AM Office of the General Manager (S&M) Coal India Limited Sales and Marketing Division Apeejay House, Block-B 15 Park Street, Kolkata W.B. (India) 27/02/2014 at AM Office of the General Manager (S&M) Coal India Limited Sales and Marketing Division Apeejay House, Block-B 15 Park Street, Kolkata W.B. (India) 1. The successful bidder shall go for tendering for quantity of imported coal required for a period of six month at a time. 2. CIL shall not be responsible for any delay / difficulties / inaccessibility of the downloading facility for any reason whatsoever. The downloading facility shall be available during the period of sale of tender documents. Coal India Limited 3

4 VOLUME-I INSTRUCTIONS TO BIDDERS (ITB) Coal India Limited 4

5 1. Introduction 1.1. COAL INDIA LIMITED (CIL), hereinafter called and referred to as Company (or Supplier ), is a Government of India enterprise with its registered office at Coal Bhawan, 10 Netaji Subhas Road, Kolkata , India. CIL is a holding company with seven wholly owned coal producing subsidiary companies and one mine planning & consultancy company The subsidiary (ies) of CIL, hereinafter called and referred to as Seller (s), have a legally enforceable Fuel Supply Agreement (hereinafter referred as Agreement or FSA ) with Power generating companies ( Purchaser ). Under such Agreement the Seller is committed to supply at least 80% of the contracted quantity. The present policy provides scope for supplying a part of minimum assured quantity under the Agreement/FSA through imported coal. The import is proposed to be centrally undertaken by Coal India Ltd, on behalf of Seller(s). CIL would assume the role of Supplier in respect of imported coal The Sellers under the Agreements propose to supply coal to about 173 Power Stations having aggregate generation capacity of about 78,000 MW which are commissioned or being commissioned between April 2009 and March Out of overall supply commitments under the Agreements, about 15% of coal requirement is contemplated to be supplied from imported sources. Normally imported coal to the power plants shall be delivered at the delivery points in the plant site and have to be catered through available railway logistics from the ports in east and west coast of the country depending upon the location. The requirement of imported coal is building up progressively with the execution of the Agreements between the Sellers and the Purchasers. As of now the requirement of imported coal is in the tune of 5 million tonnes for the power plants of companies who have already executed FSA and mandated to opt for supply of imported coal through CIL CIL intends to select an agency (the Vendor ), which shall import, at its own costs and expenses, the coal on behalf of CIL and shall be responsible for supplying imported coal to Purchasers at their Power Plant To start with, CIL intends to import 5 million tonnes (Mt) of coal. Keeping in view the likely commitments of Seller/Supplier to supply imported coal to the eligible and willing Purchaser(s), the variation in quantity may be +/- 30% during the contract period The vendor shall be undertaking the entire work involved (i.e. procurement of imported coal and all activities upto the delivery of the same at the unloading end of the Purchaser) on behalf of Supplier/ CIL by investing its own working capital. The vendor shall be selected on the basis of lowest Trade Margin (L1) Coal India Limited 5

6 offered for rendering the complete assignment indicated herein. However, it is mentioned that, for the purpose of tendering, the work value has been considered on the basis of estimated cost involved for carrying out the complete assignment Now therefore, CIL invites competitive bids in sealed envelopes from interested bidders to be selected as Vendor, for providing services for the scope of work as defined at Clause 2 below on the terms and conditions as briefed in this NIT and enclosed Agreement for Supply of Imported Coal (in short Import Agreement ). 2. Scope of Work of Vendor 2.1. The Vendor shall be responsible for procurement of coal of foreign origin through fair and transparent means adhering to CVC guidelines and General Financial Rules (GFR), import of coal (meeting quality requirements) to Indian Ports, arranging vessels, stevedoring, handling, storage, port clearances, arranging Railway rakes for inland transportation in India, loading, transportation and delivery of coal at delivery points of Purchasers including all peripheral activities incidental to delivery of imported coal upto the delivery point at Power Plant. Vendor shall be responsible to get all licences, clearance, approvals whatsoever, which may be required for importing and delivering coal including all clearances from various authorities including customs and tax. The scope of work is provided in detail under terms of Import Agreement CIL/Supplier shall not be responsible or liable in any manner whatsoever for any of the contracts which Vendor may enter with any party for performance of its obligation in full or part and Vendor shall ensure that all such arrangements have been made through a transparent open tendering process complying with all the applicable CVC and GFR guidelines including arrangement for determination of price of coal being imported by Vendor. Though, Vendor shall ensure that any agency engaged by Vendor for performing any component of service contained herein shall be reputed and suitably qualified to perform The unloading of coal from wagons at delivery point shall be the responsibility of Purchaser at its own cost The Vendor shall import coal of quality as specified by CIL in terms of the Import Agreement attached with this NIT or as modified by CIL time to time. CIL shall notify to Vendor the indicative quantum of Imported Coal required to be imported for the contracted period Vendor shall carry out tendering for procuring Imported Coal for two Quarters at a time as per the terms of Volume-III of the NIT, i.e. Import Agreement. Coal India Limited 6

7 2.6. Vendor shall notify the estimated Total Price per tonne for every Purchaser and firm Base Price per tonne after tendering to Supplier as per the terms of Volume-III of the NIT: Import Agreement. This firm base price shall be corrected for price variation till the time of import of coal as per CERC methodology as discussed in the Import Agreement. The Vendor shall adhere to the CERC Methodology for price correction in accordance with the variation in the international coal price and ocean freight and ensure that invoices are raised with corrected price Vendor shall appoint a National Accreditation Board for Testing and Calibration Laboratories (NABL) accredited IIA (Independent Inspection Agency) for the purpose of supervision of weighment and sampling and analysis of the Imported Coal at unloading point. The cost of the IIA shall be borne by the Vendor and shall be deemed to be included in coal price Vendor shall raise invoice to Purchaser for applicable price after necessary price correction based on CERC methodology as per the terms of Import Agreement. All payment for Imported Coal delivered by Vendor shall be made by Supplier to Vendor as per provisions of Import Agreement. The Purchaser shall make payment to the Supplier for the Imported Coal delivered by the Vendor on behalf of the Supplier. 3. Bidding Documents 3.1. The bid package comprise of following documents: VOLUME NAME VOLUME-I VOLUME-II VOLUME-III TITLE Instructions to Bidders (ITB) NIT Schedules and Proposal Formats Import Agreement 3.2. The Bidders are expected to examine all instructions, forms, terms, conditions, specifications and other information in the bidding documents. Failure to furnish all information required as per the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the Bidder's risk and may result in rejection of its bid. 4. Availability of Bidding Documents 4.1. The detailed NIT and Bid Documents can be downloaded from the CIL website or from central procurement portals i.e The Bid Documents shall be available free of cost and no tender fee or participation fee shall be applicable. Coal India Limited 7

8 5. Preparation of Bid 5.1. Bids are to be submitted complete in all respect with requisite information, Certificates, Annexure and Bid Proposal Sheets. It shall be free from any ambiguity, cutting or overwriting. Any such correction must be counter signed by the person(s) who signs the bids (i.e. by Authorised Signatory) An authorised representative of the Bidder shall sign all pages of the bid along with the Seal of the Bidder. Notarised Power of Attorney on a non-judicial stamp paper of appropriate value in favour of the authorized representative, indicating that the person(s) signing the bid has the authority to sign the bid and that the bid is binding upon the Bidder during the full period of its validity shall be submitted with the Bid For preparation of Bid, Bidder is expected to examine the bidding documents in detail. The Bids are to be prepared strictly as per procedure laid down in the tender documents and must take into consideration the Scope of Work and all terms and conditions mentioned in the tender/bid documents. Material deficiencies in providing the information requested may result in rejection of the bid The bidders will be required to submit an undertaking that they will accept the tender documents as available on the website and their Bid shall be rejected if any tampering in the tender document is found to be done at the time of opening of tender In case of any discrepancy between the tender documents downloaded from the web site and the master copy available in the office, the latter shall prevail and will be binding on the tenderers. No claim on this account will be entertained 5.6. Pre-Bid Meeting A Pre-Bid Meeting will be held at the office of GENERAL MANAGER(S&M) COAL INDIA LIMITED SALES AND MARKETING DIVISION, APEEJAY HOUSE, BLOCK-B, 15 PARK STREET, KOLKATA , W.B., (INDIA) on 13/02/2014 at AM. Bidders are requested to submit their questions/queries in writing or through to reach CIL not later than two (2) days before the date of Pre-Bid Meeting. The Bidder s authorised representative is invited to attend the Pre-Bid Meeting. Number of persons permitted to attend the Pre-Bid meeting shall be limited to a maximum of Two (2) persons per Bidder. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at this stage. The deliberations at the Pre-Bid Meeting will be treated as an integral part of the bid document. Non-attendance at the Pre-Bid Meeting will not be a cause of disqualification. Coal India Limited 8

9 5.7. One Bid per Bidder Each Bidder shall submit only one Bid. A Bidder who submits or participates in more than one Bid in any manner whatsoever, will be disqualified Language of Bid The bid prepared by the Bidder and all correspondence and documents related to the bid exchanged between the Bidder and CIL shall be written in English language only, provided that any printed literature furnished by the Bidder may be written in another language, as long as such literature is accompanied by a translation in English language in which case, for the purpose of interpretation of the bid, the translation shall govern Bid Currency The bidder shall quote all prices in Indian Rupees (INR) only Earnest Money Deposit (EMD) The Bidder shall be required to submit EMD of Rs.50,00, (Rupees Fifty Lakh only) along with its Technical Proposal as described in Clause 7 of this NIT in a separate sealed envelope super-scribed with EMD Rupees only. Any bid not accompanied by an acceptable EMD, in a separate sealed envelope, shall be liable to be rejected by CIL as being non-responsive and returned to the bidder without being opened The EMD should be submitted in a separate envelope super-scribed with EMD Rupees only. The envelope should be sealed, mentioning tender reference number, name of the work, EMD details, the opening date and time on the cover. The EMD may be submitted in any of the following forms: a) A crossed Bank Draft / Pay Order / Cheque certified by a Scheduled Nationalised Bank as good for payment, drawn in favour of Coal India Limited, Marketing Division payable at Kolkata from any Scheduled Nationalised Bank. b) An irrevocable Bank Guarantee (BG) from any Scheduled Nationalised bank acceptable to the CIL. The BG should be valid for a period of 45 days beyond the validity of Bid as per Annexure-IV. c) EMD amount can also be transferred to CIL by RTGS mode of transfer. The details for RTGS transfer are: RTGS to COAL INDIA LIMITED MARKETING DIVISION (SBI-IFS Code: SBIN , A/c No : ) EMD of the Unsuccessful Bidder will be returned within thirty (30) days, after the expiration of the bid validity period or finalization of tender, whichever is earlier. Coal India Limited 9

10 5.13. EMD of the Successful Bidder (the Vendor) on whom the award is placed will be returned back, when such bidder has signed the Import Agreement and furnished the required Performance Bank Guarantee (PBG) in accordance with Clause 13 of Volume-III of the NIT (Import Agreement) EMD can also be adjusted towards the PBG to be submitted by the Successful Bidder. For this the successful bidder shall send a request letter to CIL for consideration of EMD towards PBG and increase the validity of the EMD to match the period of validity of the PBG. The successful bidder shall then be required to submit PBG for the remaining amount as per the terms and timelines of Clause 13 of Volume-III of NIT (Import Agreement) No interest will accrue on the EMD amount or will be payable by CIL EMD of the tenderer who is technically disqualified shall be refunded as per Clause Forfeiture of EMD The EMD may be forfeited : a) If the Bidder withdraws its bid during the period of bid validity, or b) If the Bidder does not accept the arithmetical correction of its Bid Price, if CIL finds any discrepancy during evaluation, or c) In case of Successful Bidder, if the Bidder fails within the specified time limit to furnish the acceptance of Letter of Intent, or d) In case of Successful Bidder, if the Bidder fails within the specified time limit to furnish the required Performance Bank Guarantee, in accordance with Clause 13 of Volume-III of the NIT (Import Agreement) Preference for Advance Payment The Bidder shall indicate its preference for opting or not opting for advance payment of INR 25 Crore, as provided in Clause of Import Agreement. The format for indicating the preference is provided at Schedule-V of Vol I of NIT. In case the Bidder opts for obtaining advance payment, the Bidder shall be required to submit a Bank Guarantee of value equal to advance i.e. INR 25 crores (Twenty Five crores) in accordance with Clause 14 of Import Agreement Period of Validity of Bid The Bids shall remain valid for a period of 180 days from the date of opening of Technical Proposal. In exceptional circumstances, CIL may solicit the Bidder's consent for extension of the bid validity period. When the validity period is extended by the Bidder, the same shall be done without any Coal India Limited 10

11 modification to the Bid by the Bidder, and the validity of the EMD shall also be suitably extended by the Bidder Integrity Pact Bidders are required to unconditionally accept the "Pre-Contract Integrity Pact (IP)" (executed on plain paper) as per Annexure-II, Instructions to Bidders of this Bidding Document which has been pre-signed by CIL, and submit the same duly signed on all pages by the Bidder's authorized signatory along with the bid. The Integrity Pact (IP) is to be submitted in a separate sealed envelope along with Technical Proposal. In case of any grievance, bidders may approach Independent External Monitors (IEMs). Name of the Independent External Monitor (IEM) for this tender is as follows :- Sri Vikram Shrivastava (IPS Retd.) C-II-103/A, Satyamarg, Chanakyapuri, New Delhi vikramshrivastava1973@gmail.com The High Court of Kolkata (India) shall have the exclusive jurisdiction in matters arising out of this tendering process. 6. Bidding Process 6.1. Stages of bid process The bid process for selection of Vendor shall be a single stage two step process. The Bidding Process consists of the following steps: a) Qualification step b) Financial Proposal evaluation step The evaluation process shall start with the opening of Qualification Proposals. The Qualification Proposals shall be scrutinized to establish responsiveness. A Qualification Proposal shall deemed to be Non-responsive in the following cases: a) It is not signed by the authorised representative and/ or sealed in the manner and to the extent indicated in the NIT. b) EMD is not submitted. All other Proposals shall be termed as Responsive Qualification Proposal CIL may however ask for clarifications during evaluation of bids. The request for clarification by CIL and the response by Bidder shall be in writing. No modification of the bid or submission of any additional documents, not Coal India Limited 11

12 specifically asked for by CIL, will be allowed and even if submitted, they will not be considered by CIL Evaluation of Qualification Proposals: The Responsive Qualification Proposals shall be evaluated to determine their fulfilment with the qualification requirements. For this purpose, CIL shall use the supporting documents and/ or information available with or obtained by CIL The Responsive Qualification Proposals which meet the qualification criteria requirements shall be termed as Qualified Bidders and considered for Financial Proposal Evaluation Stage of the Bidding Process Eligibility criteria/qualification requirements Bidding entity: a) The Bidder should be a Government Department or Government owned company or public sector entity Technical qualification criteria a) The Bidder should have minimum three (03) years of experience of importing coal and handling and transportation of Imported Coal in India by railway system during the last seven (7) Financial Years, i.e. between FY to FY b) The Bidder should have imported at least one (01) million tonnes of coal (aggregate) during the last seven (7) Financial Years i.e. FY to FY OR Should have successfully completed one (1) single contract for import of coal for eight (8) lakh tonnes Imported Coal in the last seven (7) Financial Years i.e. FY to FY OR Should have successfully completed two (02) contracts for import of coal for at-least five (5) lakh tonnes Imported Coal each in the last seven (7) Financial Years i.e. FY to FY OR Should have successfully completed three (03) contracts for import of coal for three and half (3.5) lakh tonnes Imported Coal each in the last seven (7) Financial Years i.e. FY to FY Coal India Limited 12

13 c) The Bidder should have managed or undertaken handling and transportation in India through railway system from unloading port for at least one (01) million tonnes of imported coal (aggregate) during the last seven (7) Financial Years i.e. FY to FY OR Should have successfully completed one (1) single contract for imported coal handling and transportation in India through railway system from unloading port for eight (8.0) lakh tonnes imported coal in the last seven (7) Financial Years i.e. FY to FY OR Should have successfully completed two (02) contracts for imported coal handling and transportation in India through railway system from unloading port for at-least five (5.0) lakh tonnes imported coal each in the last seven (7) Financial Years i.e. FY to FY OR Should have successfully completed three (03) contracts for imported coal handling and transportation in India through railway system from unloading port for three and half (3.5) lakh tonnes imported coal each in the last seven (7) Financial Years i.e. FY to FY Financial qualification criteria a) The Bidder should have average annual turnover of more than INR 1000 Cr. over the last three years i.e. FY , , b) The Bidder should have working capital of more than INR 600 Cr. (including access to lines of credit from nationalized bank/scheduled bank and availability of other financial resources to meet requirements). Such certificate shall be dated within three months before the date of tender opening The Bidders must submit documentary proof such as copy of work order/contract agreement as well as completion certificates for technical qualification criteria and copy of balance sheet, profit loss account and letter for working capital from bank for financial qualification criteria. The Bidder may also submit any other additional documents in support for its technical and financial ability. CIL reserves the right to seek references from the Bidder's bankers Bidder must ensure that the completion certificates being submitted in support of eligibility requirements should only be issued by the competent officer of the concerned organisation. Coal India Limited 13

14 Only those bidders meeting qualification requirements will be considered for further evaluation Financial proposal The Bidder shall quote a fixed charge ( Trade Margin ) in INR/tonne of coal to be delivered to Purchasers at delivery points. The fixed Trade Margin quoted shall be inclusive of all applicable taxes, duties, levies, cess etc. whatsoever it may be The Bidder quoting the lowest Trade Margin for Supply of Imported Coal shall be identified as L1 Bidder. The Bidder with second lowest quote shall be termed L2 and so on for other Bidders (i) The Bidder with the L1 Trade Margin shall be the successful bidder (Vendor) and shall sign an Import Agreement (as per format provided with this NIT) with the Supplier/CIL for supply of Imported Coal to the Purchaser upon acceptance of its bid by CIL. (ii) In case the same L1 Trade Margin is quoted by two (2) or more bidders, work will be divided amongst the L1 bidders in equal proportion by staggering the period of work within the total award period in order that at one point of time only one bidder will be engaged for the work. Each such successful bidder (Vendor) shall sign a separate Import Agreement with the Supplier/CIL for supply of Imported Coal to Purchaser upon acceptance of its bid by CIL. In such cases, the operational period of work for each Vendor shall be decided by Supplier/ CIL through mutual agreement though decision of CIL shall be final in this regard The preference of bidder for opting or not opting for advance payment, as per Clause 5.18, shall have no implication on the selection of the Successful Bidder. It shall be noted that a Bidder not opting for advance payment at time of submission of bid cannot ask for advance payment at later stage CIL reserves the right to seek justification for the Trade Margin quoted All the taxes considered and the applicable rates shall be clearly identified by the Bidder(s) in the Price Bid. Any tax not identified in the Price Bid submitted by Bidder(s) would be deemed to have been included. The duties, taxes, levies etc. which is notified after the last date of submission of tender and/or any increase / decrease over the rate of existing taxes which have been identified by Bidder in its price bid on the last date of submission of tender shall be reimbursed /recovered by the Supplier on production of documentary evidence by Vendor, in support of payment actually made to the concerned authorities. Coal India Limited 14

15 The Trade Margin quoted by the Bidder shall be fixed for the duration of the contract and shall not be subject to variations on any account except to the extent variations allowed as per the conditions of the contract of the bidding document CIL also reserves the right to cancel the tender or reject any or all the Bids, at any instant of time, without assigning any reason thereof. CIL reserves the right to allot part of the work at their discretion and no claims, whatsoever, shall be entertained in this regard. The decision taken by CIL in this regards shall be final and binding Once the Import Agreement is signed by CIL with the selected bidder as Vendor, Vendor shall identify its suppliers amongst the foreign coal companies, joint ventures, etc. legally incorporated as per law of the land and having undisputed credentials and also adequate financial turnover, experience, etc. commensurate to the volume of coal import through competitive process in fair and transparent manner so as to determine lowest price of coal supply per tonne to Purchaser as per specifications determined in this NIT and Import Agreement. The process run by Vendor to select its supplier shall be as per CVC guidelines and GFR guidelines of Government of India and Vendor shall provide a certificate to CIL in this regard. 7. Submission of Bid 7.1. The bid shall be submitted in two parts- Technical Proposal and Financial Proposal The Bidders are required to submit the Technical proposal in One Original and Two Copies in separate envelopes inside the TECHNICAL PROPOSAL envelope and marked as Original Bid, Copy-1 and Copy-2. In case of any discrepancy between the Original and any of the copies, the Original shall prevail All the pages of the bid submitted by the Bidder must be numbered and signed by the authorised signatory. All the pages of the bid shall have bidder s Seal All documents submitted by the Bidder, including the pages of tender document, shall be signed and stamped by the authorised signatory, and also the overwriting, if any, are to be corrected, rewritten and initialled by the authorised signatory or the representative of the tenderer present who is authorised to initial on his behalf The Bidder must also provide a Power of Attorney in favour of the authorised signatory of the Bidder on a non-judicial stamp paper of appropriate value The Technical Proposal shall contain following: Coal India Limited 15

16 Qualification Proposal: It shall provide information towards compliance with eligibility requirements along with supporting documents in accordance with Clause 6.2. Qualification Proposal shall contain: a) Information about the Bidder b) Experience of Bidder in importing coal and handling and transportation of imported coal in India through railway system from unloading port as per Schedule-II. c) Financial strength of bidder as per Schedule-III. d) All the above information shall be supported by documentary evidences The Bidder shall explain its approach and methodology for the import of coal, tentative timelines, etc The bidder should also submit a signed copy of the NIT along with all the annexure, attachments, schedule etc. as part of the Technical Proposal signifying acceptance of terms and conditions The Technical Proposal shall have the following Schedules and information in the order given below: a) Annexure-I: Bid Submission Form (in the form of an Affidavit on a nonjudicial stamp paper of appropriate value duly Notarized or sworn before a First Class Magistrate) b) Schedule-I: Bidder s Profile c) Documentary Proof for Schedule-I. d) Details about the Bidder (s), their company profile, offices in India, etc. e) Schedule-II: Technical Qualification Requirements f) Documentary Proof for Schedule-II g) Declaration that the process adopted for procurement of coal and coal import by the Bidder shall be in compliance with applicable CVC guidelines and GFR on Letter Head of Bidder. h) Approach and Methodology to be adopted by the Bidder for the assignment i) Schedule-III: Financial Qualifications j) Documentary Proof for Schedule-III k) Copy of PAN card, Service Tax registration certificate, TIN Number Coal India Limited 16

17 l) Certificate of Validity of Proposal for 180 days from date of opening of Technical Proposal on Letter Head of Bidder. m) Power of Attorney in favour of authorised signatory n) Annexure-III: Electronic Fund Transfer Form o) Earnest Money Deposit (in any form) in separate envelope p) Schedule V: Option of Advance Payment q) Annexure-II: Integrity Pact in separate envelope. r) A declaration in support of the authenticity of the credentials submitted by the bidder along with the bid in the form of an affidavit (Non Judicial stamp paper of requisite value duly notarized) as per format provided at Annexure V Financial Proposal: The Financial Proposal shall contain the bidder s Trade Margin in INR/tonne of imported coal to be delivered to Purchasers No conditional bids/proposals shall be submitted by Bidder and if any conditional bids/proposals are received, CIL shall have the right to reject such bid/proposal received The Proposals shall be valid for a period of 180 days from the date of opening of Technical Proposal The Financial Proposal shall be only in the format provided in Schedule IV The Technical Proposal and Financial Proposal must be sealed in separate envelopes marked TECHNICAL PROPOSAL and FINANCIAL PROPOSAL - Do not Open with Technical Proposal respectively Both the Technical and Financial Proposals must be put in a sealed outer envelope. The outer envelope should have address of submission, name of the proposal, reference number(s) (NIT No., Corrigendum No., etc), name of bidder, address and contact number of the bidder. The Proposals shall be submitted by hand delivery or by Registered Post/Speed Post/Courier so as to reach by 27/02/2014 upto AM. The sealed outer envelope should be subscribed Tender No: CIL/GM(S&M)/NIT(IOC)/ /47252/71 dated 27/01/2014 due for opening of Technical Proposals on 27/02/2014 at AM, at the office of GENERAL MANAGER (S&M) SALES AND MARKETING DIVISION APEEJAY HOUSE, BLOCK-B, Coal India Limited 17

18 15 PARK STREET KOLKATA W.B. (INDIA) No proposal shall be accepted by fax or Opening of Technical proposals: The envelope containing the Technical Proposal will be opened at the office of GENERAL MANAGER (S&M), SALES AND MARKETING DIVISION, APEEJAY HOUSE, BLOCK-B, 15 PARK STREET, KOLKATA W.B. (INDIA) on 27/02/2014 at AM in presence of the attending bidders or their authorized representatives CIL shall reserve the right to verify the claim of the bidder regarding its performance and experience rendered to the customers. CIL can ask the bidders to submit additional documents, if need be. The Bidder shall provide contact details along with phone number(s) of all the clients whose credentials have been mentioned for eligibility criteria and CIL reserves the right to contact the concerned clients for verification of claim. In case CIL is not able to verify the claim for a credential due to any reason whatsoever, such credential shall not be considered for evaluation by CIL Opening of Financial proposal: The envelope containing the Financial Bid in respect of the bidders qualifying in the technical evaluation stage will be opened and the date and venue of the opening will be intimated to the qualified bidders CIL reserves the right to reject any or all the Bids for the proposed assignment without assigning any reason whatsoever The quantity offered by the tenderers should not be below the minimum quantity fixed as per NIT/tender document. In case any tenderer(s) offer quantity below the minimum quantity fixed as per NIT, it shall be considered as Conditional Bid and shall be liable to be rejected CIL may reject the price bids which are found invalid as per Verification, which are incomplete and have not been submitted as per instructions in the tender documents The Bidder shall bear all costs associated with the preparation and submission of his Bid, and CIL will in no case be responsible or liable for those costs In the event of the specified date for the submission of bids being declared a holiday for the CIL, the Bids will be received upto the appointed time on the next working day. The same will be applicable in case of opening of Technical Proposal and Financial Proposal of Tender No modifications of the bids shall be allowed, once the bid is submitted. Coal India Limited 18

19 7.22. In case of any discrepancy between description in words and figures the rate which corresponds to the words quoted by the bidder shall be taken as correct Irrespective of whether such mention is made or not, all bank guarantees should be from Scheduled Nationalised Banks for the purpose of this tender and Import Agreement. 8. Award of Contract 8.1. Based on the Bid Evaluation carried out by CIL, the technically and commercially responsive and evaluated lowest bid shall be considered for award Prior to the expiry of the period of bid validity, CIL will notify the Successful Bidder in writing through Letter of Intent (LOI) sent by registered post or through courier or by telefax, that its bid has been accepted. Issuance of Letter of Intent, along with signing of Import Agreement with the Successful bidder subsequently, only will constitute the formation of the contract Within fifteen (15) days of the issue of Letter of Intent, the Successful Bidder shall submit a countersigned copy of the LOI as acceptance of the contract. The Successful Bidder shall also submit a Performance Bank Guarantee as detailed in Volume-III of the Bidding Documents along with the acceptance of Letter of Intent The Import Agreement shall be signed between Supplier and Vendor (Successful Bidder) after receipt of the Performance Bank Guarantee by CIL from Vendor. 9. Authorised Representatives 9.1. Any action required or permitted to be taken, and any document required or permitted to be executed, under the Import Agreement, by CIL or the Bidder shall be taken or executed by the officials authorised for the purpose. 10. Performance Bank Guarantee The Successful Bidder (Vendor) shall furnish a Performance Bank Guarantee (PBG), to the Supplier, equal to 10% of the estimated Contract Value or INR 50 Crores whichever is higher. Contract Value shall mean the total estimated amount payable in INR to the Vendor for the Imported Coal for one Quarter (i.e. Base Price, Other charges including in-land transportation component, Statutory Charges and Trade Margin) from any Scheduled Nationalised Bank as per Clause 13 of Volume-III of the NIT i.e. the Import Agreement. The Contract Value for the first PBG under Import Agreement i.e. for the first Quarter, shall be taken according to the value of work mentioned in the NIT and for the other Quarter shall be according to the highest of the estimated Coal India Limited 19

20 Total Price (based on the Firm Base Price) for Purchasers being intimated by Vendor as per the terms of the Import Agreement The PBG shall remain in full force and effect during the period that would be taken for satisfactory performance and fulfilment in all respect of the contract and shall be valid from the date of issuance upto 31 st March, The PBG shall be submitted within fifteen (15) days of the issuance of Letter of Intent by Supplier The Vendor shall supplement the additional value of the PBG whenever 10% of the estimated Contract Value for a Quarter is higher than INR 50 Crores or value of PBG for Quarter whichever is higher submitted as per the terms of the Import Agreement In case of more than one (1) successful bidder, each bidder shall have to provide a separate PBG as per this Clause Schedules to the NIT Schedule-I Bidder s Profile Schedule-II Technical Qualification Schedule-III Financial Qualification Schedule-IV Price Bid Schedule-V Preference for Advance Payment Annexure-I Bid Submission Form Annexure-II Integrity Pact Annexure-III Electronic Fund Transfer Form Annexure IV Proforma of Bank Guarantee for Earnest Money Deposit Annexure V Affidavit Coal India Limited 20

21 VOLUME-II NIT SCHEDULES AND PROPOSAL FORMATS Coal India Limited 21

22 SCHEDULE-I: Bidder s Profile Name of the Bidder Is the Bidder a Government owned Company/Government department/public sector entity (Documentary proof to be attached) Registered address, Principal place of business and year of Incorporation of Bidder, Registration number (Copy of Bidder s Registration Certificate to be attached) Details of the office(s) of the Bidder in India as well as abroad (if any). Does the Bidder have any office in Kolkata?[ Yes/No] If Yes, give details. Name, Designation, Address, Phone No., -id of the Authorised Signatory of the Bidder Has the Bidder submitted a Power of Attorney in favour of the Authorised Signatory? [Yes/No] Has the Bidder submitted the EMD as specified in the ITB? [Yes/No] Amount of EMD Details of EMD Valid till Has the Bidder been blacklisted by any Government owned corporation/public sector entity in the last 5 years (Documentary proof/declaration on letter head of Bidder to be attached) or any contract cancelled for reason assigned to the Bidder Coal India Limited 22

23 PAN Number of Bidder Service Tax Registration Number Has the Bidder been associated with CIL or any of its subsidiaries in any other contracts/projects in the past? [Yes/No] If Yes, give details. Is the Bidder currently working on any contract/project with CIL or any of its subsidiaries? [Yes/No] If Yes, give details. Confirmation that the Bidder has qualified/trained experienced staff on its payroll to handle this job. [Yes/No] (Confirmation on Letter Head of Bidder and details of Staff to be provided) The Bidder agrees to provide a copy of the Memorandum and Articles of Association of its company/organization/entity. (Copy of Memorandum and Articles of Association to be attached) Has the Bidder submitted the Integrity Pact as per Annexure-II of the bidding documents? [Yes/No] Has the Bidder submitted the Electronic Fund Transfer Form as per Annexure-III of the bidding documents? [Yes/No] Are any of the promoters / partners/key personnel of the Bidder related to any employee or ex-employee of CIL? [Yes/No] If Yes, give details. Name, Signature and Seal of Authorised Signatory Coal India Limited 23

24 SCHEDULE-II: Technical Qualification Name of Bidder Does the Bidder agree to conduct business and import coal as per the applicable CVC guidelines and GFR (Declaration on letter head of Bidder to be attached) Experience (in Years) of Bidder of importing coal to India (Documentary proof like Work Order, Completion Certificate, Letter from Client (s), copy of Annual Report, etc. in support of the claim to be attached) Experience (in Years) of Bidder of imported coal handling and transportation management in India (Documentary proof like Work Order, Completion Certificate, Letter from Client (s), copy of Annual Report, etc. in support of the claim to be attached) Details where the Bidder imported at least three (01) MT of coal (aggregate) during the last seven (7) Financial Years i.e. FY to FY OR Details where the Bidder completed one (1) contract of 8 lakh tonnes tonnes quantity for import of coal in the last seven (7) Financial Years, i.e., FY OR Details where the Bidder completed two (2) contracts of 5 lakh tonnes quantity for import of coal in the last seven (7) Financial Years, i.e., FY OR Details where the Bidder completed three (3) contracts of 3.5 lakh tonnes quantity f0r import of coal in the last seven (7) Financial Years, i.e., FY (Documentary proof like Work Order, Completion Certificate, Letter from Client (s), copy of Annual Report, etc. in support of the claim to be attached) Coal India Limited 24

25 Details where the Bidder managed or undertook handling and transportation in India through railway system from unloading port for at least three (01) MT of imported coal (aggregate) during the last seven (7) Financial Years i.e. FY to FY OR Details where the Bidder completed one (1) contract of 8 lakh tonnes quantity of imported coal handling and transportation in India through railway system from unloading port in the last seven (7) Financial Years, i.e., FY OR Details where the Bidder completed two (2) contracts of 5 lakh tonnes quantity of imported coal handling and transportation in India through railway system from unloading port in the last seven (7) Financial Years, i.e., FY OR Details where the Bidder completed three (3) contracts of 3.5 lakh tonnes quantity of imported coal handling and transportation in India through railway system from unloading port in the last seven (7) Financial Years, i.e., FY (Documentary proof like Work Order, Completion Certificate, Letter from Client (s), copy of Annual Report, etc. in support of the claim to be attached) Name, Signature and Seal of Authorised Signatory Coal India Limited 25

26 SCHEDULE-III: Financial Qualification Name of Bidder Annual Turnover of Bidder over the last three years (Audited Financial Statements of the last three years to be provided) Working Capital (including access to lines of credit from Nationalised/Scheduled Banks and availability of other financial resources to meet requirements) of the Bidder as on date of submission of Bid. (Letter for Working Capital from Bank or CA Certified Documentary proof to be attached) PAN Number of the Bidder (Documentary proof to be attached) Service Tax registration number (Documentary proof to be attached) TIN Number (Documentary proof to be attached) Does the Bidder agree that the offer will be valid for a period of 180 days from the date of opening of Technical Proposal (Declaration on the letter head of Bidder to be attached) Name, Signature and Seal of Authorised Signatory Coal India Limited 26

27 SCHEDULE-IV: Price Bid Name of Bidder: Address of the Bidder: Name of Assignment: Supply of Imported Coal to Purchasers of CIL on behalf of CIL at the Delivery Points intimated by Supplier/CIL. S.No. Particulars Amount 1. Trade Margin for supplying Imported Coal to Purchaser 2. Applicable taxes, duties, levies, cess etc. (also identify type of tax and rate) Total Trade Margin (including all taxes and duties) In Digit INR.. /tonne of coal delivered INR.. /tonne of coal delivered In words INR.. /tonne of coal delivered INR.. /tonne of coal delivered Note: The duties, taxes, levies etc which is notified after the last date of submission of tender and/or any increase / decrease over the rate of taxes identified by Bidder existing on the last date of submission of tender shall be reimbursed /recovered by the supplier on production of documentary evidence in support of payment actually made to the concerned authorities. Name, Signature and Seal of Authorised Signatory Coal India Limited 27

28 SCHEDULE-V: Preference for Advance Payment Name of Bidder Does the Bidder wishes to obtain advance payment of INR 25 crores in accordance with clause of Import Agreement Yes/No (Strike off the option not applicable) Name, Signature and Seal of Authorised Signatory Coal India Limited 28

29 Annexure-I BID SUBMISSION FORM (in the form of an Affidavit on a non-judicial stamp paper of appropriate value duly Notarized or sworn before a First Class Magistrate) Bid Reference No. and Date Bidder s Name and Address To, Coal India Limited [Name and Address of Supplier] Dear Sirs, 1. We hereby submit our bid for supply of Imported Coal to Purchasers of CIL on behalf of CIL for the Term of the Contract as outlined in the bidding documents referred above. 2. We have thoroughly examined and understood the instructions, Scope of Work and the terms and conditions etc. covered in the bidding documents furnished by CIL, being fully aware of nature and Scope of Work required. 3. We hereby confirm our acceptance and compliance to the entire provisions of Technical specifications, Scope of Work, and terms and conditions covered in the bidding documents and Import Agreement. We declare that the work will be executed strictly in accordance with the requirement and bidding documents provisions. 4. We hereby confirm that we have submitted the "EMD" of the requisite amount in the form of..., "Pre Contract Integrity Pact", "Authority Letter/Power of Attorney in favour of authorised signatory for signing the bid", and all other documents required as per the provisions of Bidding Documents. 5. We declare that the Trade Margin quoted is firm and shall not be subject to any variation for the entire period of the Import Agreement. We further declare that the above quoted Trade Margin is inclusive of all taxes, duties & Coal India Limited 29

30 levies. We further confirm that CIL reserves right to deduct tax at source as per applicable laws. 6. We confirm that the bank details required for facilitating CIL to release payments through Electronic Fund Transfer System, have been furnished by us as per Annexure-III and are enclosed herewith. 7. We also confirm that, in case of placement of award by CIL on us for the concerned tender, we shall exercise our own due diligence and shall adopt International Competitive Bidding Process for importing coal, at competitive price, following established procedures, applicable laws, rules, regulations and guidelines of Government of India issued from time to time on this subject including applicable CVC Guidelines and GFR Guidelines and rules & our own procurement policies and established procedures. We confirm that compliance certificates to this effect shall be furnished, as per provisions of bidding documents/ Import Agreement. 8. We further confirm that we shall invite bids for supply of imported coal to the Purchaser on behalf of CIL, only after receipt of Letter of Intent from CIL, and stipulating the same range of Coal Quality specifications, as specified by CIL. 9. We further confirm that we shall furnish our evaluated lowest bid, received against our International Competitive Bidding process to CIL for notification. 10. We further confirm that we shall adhere to the CERC methodology for price correction in accordance with the variation in the international coal price and ocean freight. 11. We understand that issuance of Letter of Intent, submission of required PBG by us, along with the signing of Import Agreement with the Supplier/ CIL subsequently, only will constitute the formation of the contract. 12. We hereby submit our bid and undertake to keep our bid valid for a period of 180 days from the date of opening of Technical Proposal, i.e. upto 25/08/2014. We hereby further undertake that during the said period we shall not vary/alter or revoke our bid. Date and Place Signature, Name, Designation, Seal of Authorised representative Coal India Limited 30

31 Annexure-II PRE CONTRACT INTEGRITY PACT Between Coal India Ltd., a Govt. of India Enterprise (hereinafter referred to as "Company/Supplier") General And [Name of Bidder] (hereinafter referred to as "Bidder/Vendor") This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on day of the month of , between, on one hand, Coal India Limited acting through Shri , General Manager (S&M), Marketing Division, Coal India Limited, Kolkata (hereinafter called the COMPANY/SUPPLIER, which expression shall mean and include, unless the context otherwise requires, his successors in office and assigns) of the First Part and M/s represented by Shri , Chief Executive Officer (hereinafter called the BIDDER/VENDOR which expression shall mean and include, unless the context otherwise requires, his successors and permitted assigns) of the Second Part. WHEREAS the COMPANY/SUPPLIER proposes to select vendor to import coal and the BIDDER/VENDOR is willing to offer/has offered the rate for the proposed services and WHEREAS the BIDDER/VENDOR is a private company/public company/government undertaking/partnership/registered export agency, constituted in accordance with the relevant law in the matter and the COMPANY/SUPPLIER is a PSU. NOW, THEREFORE, To avoid all forms of corruption by following a system that is fair, transparent and free from any influence/prejudiced dealing prior to, during and subsequent to the currency of the contract to be entered into with a view to :- Enabling the COMPANY/SUPPLIER to select vendor to import coal at a competitive price in conformity with the defined specifications by avoiding the high cost and the distortionary impact of corruption on public procurement, and Enabling BIDDERs/VENDORs to abstain from bribing or indulging in any corrupt practice in order to secure the contract by providing assurance to them that their competitors will also abstain from bribing and the corrupt practices and the COMPANY/SUPPLIER will commit to prevent corruption, in any form, by its officials by following transparent procedures. The parties hereto hereby agree to enter into this Integrity Pact and agree as follows: Commitments of the COMPANY/SUPPLIER 1.1 The COMPANY/SUPPLIER undertakes that no official of the COMPANY/SUPPLIER, connected directly or indirectly with the contract, will demand, take a promise for or accept, directly or through intermediaries, any bribe, Coal India Limited 31