TENDER DOCUMENT

FOR

PROVIDING PROJECT MANAGEMENT CONSULTANCY (PMC) SERVICES

For
Development of Eco-parks at 09 (Nine) different Areas of CCL

CENTRAL COALFIELDS LIMITED

(A Mini Ratna Co. & Subsidiary of Coal India Limited)
CIVIL ENGINEERING DEPARTMENT
Darbhanga House, Ranchi,
Jharkhand – 834001
Ph:0651-2360129,
e-mail: gmcivil.ccl@coalindia.in

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 सी.सी.एल. C.C.L
CENTRAL COALFIELDS LIMITED
सेंट्रल कोल्फ़ील््स लललिटे ड (A Miniratna Subsidiary Company of
कोल इांडिय की अनुष ांगी(, एक मिनी रत्न कम्पनी Coal India Limited)
Darbhanga House, Ranchi
दरभांग ह उस,र ाँची-834001 834001,
असैननक विभ ग CIVIL ENGINEERING DEPARTMENT
फोन: 0651-2365206,2365271 Ph: 0651-2365206,2365271,
Email : gmcivil.ccl@coalindia.in,
ईिेल- : gmcivil.ccl@coalindia.in, Phone : 8987784139, 8987785504,
िेबस इट:http://www.centralcoalfields.in 9430351036
Website:http://www.centralcoalfields.in

E-TENDER NOTICE
NIT No: CCL/GM(Civil)/PMC/2021/ 710 Dated: 28.12.2021

CCL intends to engage a Project Management Consultant (PMC) for DEVELOPMENT OF ECO-PARKS AT 09 (NINE)
DIFFERENT AREAS OF CCL from concept to commissioning. Brief scope of work of PMC includes Surveying and
Planning, Comprehensive Engineering/Agro-Engineering Design, construction management from concept to
commissioning for completion of the scope of works including appropriate planning for making it self-sustainable
as detailed in bid document. The PMC shall be selected on the basis of their technical score achieved and rate
quoted by them. The Estimated project Cost for proposed project is approx. Rs. 60.54 crores. The details of the
proposed locations and extent of area to be developed are mentioned in bid document.

Tenders in two (02) bid system are invited on-line on the website https://coalindiatenders.nic.in from the
eligible bidders - Public Sector Undertaking, Government Organisation, Government agencies and Government
Institutions (Centre or State) having valid Digital Signature Certificate (DSC) issued from any agency authorized
by Controller of Certifying Authority (CCA), Govt. of India and which can be traced up to the chain of trust to
the Root Certificate of CCA, for

Description Tentative Estimated Lump EMD Completion Period

Estimated Sum service
Cost of Project charge for PMC
including GST including GST
Providing project Rs 60.54 Rs. 3.20 Crore NA (i) Construction period -
management consultancy crore 365 days
(PMC) services for (ii) maintenance period
DEVELOPMENT OF ECO- (including 1 year of Self
PARKS AT 09 (NINE) Sustainable Period) -
DIFFERENT AREAS OF CCL 1825 days
from Concept to (Total period – 2190 days)
Commissioning.
Note: The contract period for this project will be of 6 years.
(a)The period for development of 09 (Nine) eco parks shall be 365 days.
(b) The maintenance period will be of 5 years after construction period which includes self-sustainable
period for one (01) year without incurring any additional Revenue expenditure after expiry of
construction period of 365 days and maintenance period of four (04) years.

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1. TIME SCHEDULE OF TENDER :

Date Time
SN Particulars
(dd/mm/yyyy) (HH:MM)
1 Tender e-Publication Date 30.12.2021 15:00 hours
2. Document Download Start Date 31.12.2021 10:00 hours
3 Document Download End Date 05.02.2022 17:00 hours
4 Date of Pre Bid meeting 07.01.2022 11:00 hours
5 Bid Submission Start Date 13.01.2022 10:00 hours
6 Bid Submission End Date 05.02.2022 17:00 hours
7 Start Date for Seeking Clarification Online 31.12.2021 10:00 hours
8 Last date for seeking Clarification Online 30.01.2022 17:00 hours
9 Technical – Bid Opening Date 07.02.2022 11:00 hours
10 To be notified later for those bidders who have
Financial- Bid Opening date
been considered qualified in their Technical Bid.

i) For detailed e-tender notice and online submission, visit https://coalindiatenders.nic.in

ii) The bid documents will also be available on our website www.centralcoalfields.in, and govt. website
www.eprocure.gov.in and can be downloaded by the bidder up to the bid submission end date. There is
no application fee.
iii) For online submission of tender the bidders will have to upload all the confirmatory documents as
prescribed in the NIT in Cover-I only.
iv) Technical Bid will be evaluated on the basis of documents uploaded and the qualifying criteria detailed in
the Tender Document. Financial bid of only those bidders who will be declared qualified, will be opened
after due intimation.

General Manager (Civil)/HoD

CCL, Ranchi
Copy to:
1. Director(F), Director(T) Operation, Director(T)P&P, Director (P), / CCL, Ranchi
2. CVO, CCL, Ranchi
3. TS to CMD, CCL, Ranchi
4. GM - All Areas of CCL
5. Independent External Monitor - Sri Devendra Kumar Pathak, IPS (Retd.)
1/G4, Amrapali Sapphire, Sector – 45, Noida, UP, PIN – 201303
6. GM(P&P), CCL, Ranchi
7. GM(Environment), CCL Ranchi
8. GM(Civil)/Road &IC ; GM(Civil)/Welfare, CCL, Ranchi
9. GM(Fin), CCL, Ranchi
10. GM (System), CCL, Ranchi.
11. Staff Officer (Civil)- All Areas of CCL
12. HOD, Public Relation, CCL, Ranchi.
13. The Secretary Mines and Geology, Govt. of Jharkhand, Nepal House, Doranda, Ranchi – 834 002.
14. Federation of Jharkhand Chamber of Commerce & Industries, Chamber Bhawan, Chamber Path,Main Road,
Ranchi – 834001
15. NOTICE BOARD.

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 DISCLAIMER

This document has been prepared by Central coalfields Limited. The information is provided only to Public Sector
Undertaking, Government Organisation, Government agencies and Government Institutions (Centre or State) who
are interested to submit their bid for the selection of a Project Management Consultant (PMC) to provide
“DEVELOPMENT OF ECO-PARKS AT 09 (NINE) DIFFERENT AREAS OF CCL.”

The purpose of this Tender document is to provide the bidders with the information to assist the formulation of
their proposal. This Tender document does not purport to contain all the information that each bidder may require.
This RFP document may not be appropriate for all persons/parties and it is not possible for CCL to consider the
business / investment objectives, financial situation and particular needs of each bidder who reads or uses this RFP
document.

Each bidder should conduct its own investigations and analysis and should check the accuracy, reliability and
completeness of the information in this RFP document and wherever necessary obtain independent advice from
appropriate sources. CCL makes no representation or warranty and shall incur no liability under any law, statute,
rules or regulations as to the accuracy, reliability or completeness of the RFP document.

No reimbursement of cost of any type or on any account will be made to persons or entities submitting their bid. The
Bidder, at the Bidder's own responsibility, cost and risk, is encouraged to visit and examine the Site of Works and its
surroundings, approach road, soil conditions, investigation report, existing works if any connected to the work,
drawings connected to the work if/as available and obtain all information that may be necessary for preparing the
Bid and entering into a contract for PMC. The costs of visiting the Site shall be at the Bidder's own expense.

It shall be deemed that the tenderer has visited the site/area and got fully acquainted with the working conditions and
other prevalent conditions and fluctuations thereto whether he actually visits the site/area or not and has taken all the
factors into account while quoting his rates and prices. The Bidder, in preparing the bid, may rely on the Survey
Report, Architectural Drawings and other details referred to in the contract data, supplemented by any information
available to the Bidder. The bidder is expected, before quoting his rates, to go through the requirement of all inputs,
specifications and conditions of the RFP document.

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 2.0 Definitions

Unless context or consistency demands otherwise, the following terms shall have the meaning assigned to
them as under:

2.1 Client shall mean the Central Coalfields Limited (CCL) and shall include their legal representative,
administrators, successor and permitted assigns, hereinafter called as owner.
2.2 PMC shall mean the Project Management Consultant engaged by the Client/CCL/Owner, hereinafter
called as Agency.
2.3 Authorized Representative shall mean the representative of Project Management Consultant.

2.4 Projects shall mean “DEVELOPMENT OF ECO-PARKS AT 09 (NINE) DIFFERENT AREAS OF

CCL”

2.5 Services shall mean the Surveying and Planning, Comprehensive Engineering/Agro-Engineering Design,
construction management from concept to commissioning and Project Management Consultancy
services to be rendered by the PMC.
2.6 Contractor means the contractor or contractors or suppliers or Executing Agency deployed by the
Agency (PMC) for the work or any connected work, including the PMC itself in case any work is done
directly by the Executing Agency.

2.7 Completion means when the Building(s)/ Structures(s) are complete in all respects along with
associated services i.e. ready to occupy, making operational for utility and are finally handed over to
the Employer.

2.8 CTE means Chief Technical Examiner, Central Vigilance Commission, Government of India.
2.9 CVC means Central Vigilance Commission, Government of India.
2.10 CAG means Controller Auditor General, Government of India.

3.0 Eligible Bidders:

Public Sector Undertaking, Government Organisation, Government agencies and Government Institutions
(Central or State) are eligible for bidding AS PER BID DOCUMENT.
4.0 Scope of Work of PMC:

Key features and amenities required to be developed for the proposed Eco-parks is as below.

1. Development of Green Houses, theme based garden and Nursery etc.

2. Landscaping, horticulture, floriculture, any suitable revenue generating endemic plantation including
5 years maintenance
3. Development of ecosystem by adopting suitable measures like honey bee farming, fish farming, food
processing plant etc.
4. Provisions of Rainwater harvesting, Bio-Compost/Vermicompost and installation of solar panels

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 5. Soil protection with jute netting and gabions as per the requirement
6. Civil construction such as toilets, guard rooms, office rooms, canteen and sale counter along with
boundary fencing, drains, pathways etc. All construction should be based on eco-friendly practices.
7. Electrical works – Appropriate Illumination of whole park.
8. Any other activities/works required to achieve a self-sustainable Eco-Park.

The broad scope of the works to be undertaken by PMC shall be:

1. Surveying, Planning, Design and Engineering of the project from concept to commissioning. PMC will
have to ensure a Cost Effective and Eco-friendly solution for development of Eco-Park
2. Obtaining statutory approvals for design and drawings wherever applicable.
3. Project Management and Construction supervision as per design requirements by calling tender and
follow CVC guidelines.
4. Obtaining completion / occupancy certificate if applicable.
5. Handing over the facilities to Client.
6. PMC will have to implement a long-term planning through MOU route with a vision to make the Eco-
Park self-sustainable without incurring any additional expenditure after expiry of development &
construction period of 365 days and part maintenance period of 1460 days i.e. after 5 years from
date of start of work.
7. PMC will have to educate and propagate the agricultural technical know-how among the local
farmers for their benefits.
8. PMC shall explore the possibility of providing saplings of flowers, shrubs etc. to all areas of CCL
which are to be used for beautification of office complex, guest houses, parks, rest houses etc. 50%
of the total saplings produced by the developed Eco-parks shall be supplied to CCL free of cost.
9. PMC shall explore the possibility of mine closure plan.
10. PMC will have to facilitate Eco-tourism in co-ordination with State tourism Department

The details of 09 areas where the proposed Eco parks are to be developed are as below:
Proposed area (Hectare) Preliminary estimated cost (in Rs)
SN Name of Area
(inclusive of GST@18%)
1 B&K 2.38 1,13,93,167.65
2 Barkakana 1.60 76,59,272.37
3 Barka-Sayal 15.40 7,37,20,496.54
4 Dhori 23.88 11,43,14,640.09
5 Hazaribagh 25.00 11,96,76,130.75
6 Kathara 19.10 9,14,32,563.89
7 NK 6.00 2,87,22,271.38
8 Piparwar 21.12 10,11,02,395.26
9 Amrapali & Chandragupta 11.99 5,73,96,672.31
TOTAL 126.47 60,54,17,610.24

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 NOTE: The total Cost including GST for development of Eco-Parks at 09 different areas of CCL shall
not exceed Rs. 60,54,17,610.24.
5.0 DURATION OF APPOINTMENT:
The contract period for this project will be of 6 years.
a)The period for development & construction of Eco park shall be 365 days.
(b) The maintenance period will be of 1825 days (5 years) after development & construction period which
includes 1 year of self-sustainable period in which the PMC will have to run the Eco-Park as self-
sustainable for 365 days (1 year) without incurring any additional expenditure after expiry of
development & construction period of 365 days and part maintenance period of 1460 days (4 years).
The above will be considered from the date of appointment of PMC which may be extended for further
period till completion of the project, if required as per terms & conditions of the MoU. However the
owner reserves its rights to rescind the said PMC services at any point of time before expiry of the contract
period, without assigning any reason.
6.0 Bid Conditions
The Estimated project Cost is Rs.50.13 Crores approximately excluding Goods & Service Tax (GST) and
Rs.60.54 Crores approximately inclusive of 18% GST.
The Bidders shall provide their services for maintenance of the completed Project as PMC for a period of
1460 days (4 years) after completion of development construction of the Eco Park and further for a period
of 365 days (1 year) after completion of maintenance period 1460 days (4 years) in which the Eco Park will
be self-sustainable.
6.1 Client reserves to itself the authority to reject any or all of the bids received and change the scope of the
PMC’s work/ works to be completed without assigning any reason. The Client also reserves the right to itself
to terminate the bidding process at any stage without assigning any reason.
6.2 The list of works to be executed is indicative. However, other works not included in the list but required for
completion and operation of the project may be considered as included in the scope of the work.
6.3 The offer, in which any of the prescribed conditions are not fulfilled or where the bidder puts any condition
including that of conditional rebate, shall be liable to be summarily rejected.
6.4 Canvassing whether directly or indirectly, in connection with the bid is strictly prohibited and the bid
submitted by the bidder who resorts to canvassing in any form would be liable to rejection.
6.5 The offer shall remain valid for acceptance for a period of 180 days from the date of opening of 'Bids'.
6.6 Bidder must ensure before submitting the bid that the bid documents is digitally signed by the authorized
representative of the organization. The bid document shall form a part of the contract agreement. The
successful bidder on acceptance of his bid by the Accepting Authority, and issue of letter of acceptance
(LOA)/ Award, shall sign the MoU within 28 days from date of issue of LOA/Award.
6.7 To obtain first hand information on the assignment and on the local conditions, bidders are advised to visit
the site. Bidders are expected to be informed of local conditions and to take these into account while
preparing their bids. For Site visit of location of work, the prospective bidder(s) may contact GM(Civil)/HoD,
CCL Ranchi Mob. No.: 8987784139

7.0 Pre-bid meeting and Clarifications:

The purpose of the pre-bid meeting is to clarify queries and to answer questions regarding the NIT/Bid
document. Interested applicant may like to attend the pre-bid meeting which will be held at Office of
General Manager(Civil), CCL HQ, Darbhanga House, Ranchi on 07.01.2022 at 11:00 AM and/or through

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 Video Conferencing, link for which will be provided later. Interested Bidders shall intimate the Company
about their participation for Pre-Bid meeting and send their queries prior to the Pre-bid meeting through
email to gmcivil.ccl@coalindia.in before 06.01.2022 up to 05:00 PM (date & time). No queries raised
beyond the stipulated date and time or any verbal/written queries raised during the pre-bid meeting will
be entertained. The Queries sent through email within the stipulated date and time will only be taken up
for discussions during the pre-bid meeting. The decisions/replies to the queries will be intimated during
the conduct of pre-bid meeting itself and the decision of the Competent Authority of the CCL will be final
and binding for all purposes. No query of any form will be entertained or agreed after the pre-bid meeting.
The minutes of the pre-bid meeting will be published in the website www.coalindiatenders.nic.in which
will be available under the link Corrigendum. The same will become a part of the tender document and the
contract agreement
8.0 Submission of Bid
Bids are to be submitted in two parts i.e. (i) Technical Bid and (ii) Financial Bid (Price Bid) upto the date
mentioned as per time schedule of tender in NIT.

Part (I) – Technical Bid

Part (I) – Technical Bid shall consist of the following:
(a) Letter of Bid : As per annexure Á;
(b) Details of bidding agency as per annexure ‘B’;’
(c) Proof of Agencies that they are Public Sector Undertaking, Government Organisation, Government
agencies and Government Institutions (Centre or State);
(d) Organizational Strength: In the format as per annexure ‘C’;
(e) Relevant Experience: Completion certificate issued by client/ owner indicting actual date of
completion and completion value as per annexure ‘D’;’
(f) Copy of PAN Card
(g) Copy of GST registration certificate;
(h) Copy of authorization for signing and submission of bid and Authorization for using Digital
Signature Certificate (DSC)
(i) Copy of e- mandate for electronic transfer of funds in the format as per annexure ‘E’
(j) Financial Capability
(i) Average Annual Financial turnover in last five financial Years: Financial Turnover certificate (with
UDIN no.) for the last 5 (five) financial years issued by a Practicing Chartered Accountant having
membership number with Institute of Chartered Accountants of India
(ii) Average Annual Profit (PAT) in last five financial years: Certificate (with UDIN no.) issued by a
Practicing Chartered Accountant having membership number with Institute of Chartered
Accountants of India.
(k) Integrity Pact in the format as per annexure ‘F’

Part (II) – Financial Bid

Part (II) – Financial Bid is to be submitted in the Price- Bid cover. The price bid containing the “Bill of
Quantity” in .xls format will be downloaded by the bidder and he will quote rates for all the items on this
Excel file. Thereafter, the bidder will upload the same Excel file during bid submission in cover- II. The
price- bid will be in Item Rate BOQ format and the bidder will have quote for all the tendered items. The
price- bids of the tenderers will have no conditions. The price- bid which is incomplete and not submitted
as per instructions given above will be rejected.

The Agency charges will be inclusive of all costs, but excluding GST for Providing Comprehensive
Engineering Design and Project Management Consultancy (PMC) Services and shall be quoted on Lump Sum

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 basis (not on percentage basis), in figures digitally signed by the Authorized Signatory in the prescribed
format provided.

The project cost as mentioned above are likely to vary on account of change in activities or updation of the
cost of activities/works. The Agency service charges will be quoted on Lump Sum basis irrespective of Actual
Project Cost/ the actual award or completion value of the works. GST as applicable shall be paid extra.
Client shall reimburse/pay all expenditures related to obtaining statutory clearances of the project as per
actual including registration charges (if any) with concerned authority.

9.0 Eligibility Criteria:

A. The Agencies who fulfil the following minimum eligibility requirements shall be eligible to apply.

Bidder should have satisfactorily completed the similar works* mentioned below during the last
Seven years ending last day of month previous to the one in which bid applications are invited i.e.
(eligibility period).

(i) Three similar completed works each costing not less than Rs. 24.00 Crores,
OR
(ii) Two similar completed works each costing not less than Rs. 30.00Crores.
OR
(iii) One similar completed work costing not less than Rs 48.00 Crores.

*Similar work: Similar work shall mean- “PMC services for concept to commissioning of Ecological
Park/Plantation works/ Landscaping Works/ Ecological Restoration works” OR "Turnkey Contract(s) from
concept to commissioning of Ecological Park/Plantation works/ Landscaping Works/ Ecological
Restoration works " OR "EPC Contract(s) from concept to commissioning of Ecological Park/Plantation
works/ Landscaping Works/ Ecological Restoration works ".
Cost of previous completed works shall be given a simple weightage of 5% per year to bring them at
current price level, while evaluating the qualification requirement of the bidder. Such weightage shall be
considered after end date of completion. Updating will be considered for full or part of the year (total no.
of days / 365) i.e. considering 365 days in a year, till the last day of month previous to one in which bid has
been invited.

B. Average annual financial turn over should be at least 30 % of the estimated cost during the last 3
financial years ending 31st March’2021.
Financial turnover of 3 years furnished by the bidder shall be updated adding 5% for each completed year (
total number of days/ 365) after the end of the respective Financial Year (i.e. 31st March) till the last date
of the month previous to the one in which the e- tender has been invited.
The weightage of 5% every year will be on simple rate and will not be compounded on yearly basis for the
calculating the value of each qualifying experience or Financial Turn- Over.
10.0 Evaluation Criteria
10.1 Opening of Bid
Tenders (Cover- I) will be decrypted and opened online by “Bid Openers” with their digital signature
certificates on the prescheduled date &time of Tender Opening.
In case of number of bids received are less than three, extension of Tender submission date, four days will
be done automatically by the system.
This extension will be also applicable in case of receipt of zero bid.

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10.2 Technical bid
The Technical bid (Cover-I) will be decrypted and opened online by the “Bid Openers” with their Digital
Signature Certificates after the prescheduled date & time of Tender Opening.

The duly constituted Tender Evaluation Committee shall evaluate the Technical Proposals on the basis of
their responsiveness and by applying the evaluation criteria, bid shall be evaluated as under:

S. No. Criterion Evaluation Criteria

A. Organizational Strength 30 marks
(i) Presence of in-house professionally qualified
staff in the CPSU in following indicative
categories:
▪ Horticulturist/Agriculture Engineer Horticulturist/Agriculture Engineer
15 marks (Min. Qualification-Graduate or equivalent)
▪ Above7 Graduates: 15 marks
▪ In Between 5 to 7 Graduates:11 marks
▪ In Between 2 to 5 Graduates: 8 marks

▪ Civil Engineer Civil Engineer

8 marks (Min. Qualification - B. Tech or equivalent)
▪ Above 10 Engineers: 8 marks
▪ In Between 5 to 10 Engineers: 5 marks
▪ In Between 3 to 5 Engineers: 3 marks

▪ Architect Architect :
7marks (Minimum Qualification – B. Arch)
▪ Above 5 Architects: 7 marks
▪ In Between 2 to 5 Architects: 5 marks
▪ In Between 1 to 2 architects: 3 mark

B Relevant Experience: 40 marks

(i) Experience in similar PMC works during last seven (i) 60% marks for minimum eligibility criteria
years: ii) 70% marks for more than Rs. 48 Crores &
Value of projects successfully completed
Upto Rs. 60 Crores.
40 marks
iii) 80% marks for more than Rs. 60 Crores &
Upto Rs. 70 Crores.
iv) 90% marks for more than Rs. 70 Crores &
Upto Rs. 80 Crores.
(v) 100% marks for more than Rs. 80 Crores.
Details of projects should be furnished by the
bidder in a separate Annexure to be enclosed
with this.

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 S. No. Criterion Evaluation Criteria
C Financial Capability 20 marks
i) Average Annual Financial turnover in last five (i) 60% marks for minimum eligibility criteria.
financial Years. (ii)100% marks for twice the minimum eligibility
15 marks criteria or more.
In between (i) & (ii) – on pro-rata basis
Audited financial results of all relevant years
and summary to be submitted.
For the purposes of financial turnover, turnover
given in the balance sheet shall be taken into
account.

ii) Annual Profit (PAT) in last five financial years FY : 2020-21 – 1 mark
FY : 2019-20 – 1 mark
5 marks
FY : 2018-19 – 1 mark
FY : 2017-18 – 1 mark
FY : 2016-17 – 1 mark
Audited financial results of all relevant years and
summary to be submitted.
Note : In case of loss in any Financial Year, the
marks for that FY will be treated as 0 (zero).
D Approach and Methodology 10 marks

Consultant Approach and Methodology to Marks to be allotted by Client’s evaluation

perform the Consultancy assignment / job committee/ team on the basis of presentation
made by the Bidders/Agencies on the following
parameters:
i. Understanding of the Scope of work: 2 marks
ii. Technical approach and methodology: 2 marks
iii. Work plan including PERT / CPM chart: 2 marks
iv. Plan for developing Eco Parks and making it
self-Sustainable - 3 marks.
v. Overall presentation and reply to the queries: 1
mark
Total (A to D) : 100 Marks

The Technical Evaluation shall be carried out based on the documents submitted by the bidder for technical bid.

10.3 Technical Evaluation of Tender:

a. After opening of Technical bid, the documents submitted by bidder(s) in cover I as enlisted in the NIT
will be downloaded by the Evaluator and shall be put up to the Tender Committee. The Tender
Committee will examine the uploaded documents against information/declarations furnished by the
bidder(s). If it confirms to all of the information/ declarations furnished by the bidder then the bidder
will be given a Technical Score (TS).
b. In case the Tender Committee finds that there is some deficiency in uploaded documents corresponding
to the information furnished or in case corresponding document have not been uploaded by bidder(s)
then the same will be specified online by Evaluator clearly indicating the omissions/shortcomings in the

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 uploaded documents and indicating start date and end date allowing 7 days (7 x 24 hours) time for
online re-submission by bidder(s). The bidder(s) will get this information on their personalized dashboard
under “Upload confirmatory document” link. Additionally, information shall also be sent by system
generated email and SMS, but it will be the bidder’s responsibility to check the updated
status/information on their personalized dash board regularly after opening of bid. No separate
communication will be required in this regard. Non-receipt of e- mail and SMS will not be accepted as a
reason of non-submission of documents within prescribed time. The bidder(s) will upload the scanned
copy of all those specified documents in support of the information/ declarations furnished by them
within the specified period of 7 days. No further clarification shall be sought from Bidder.
c. The evaluated Bid will be given a Technical Score (TS). The minimum technical score required to qualify
technical evaluation is 60 Marks out of 100. A bid will be considered unsuitable and will be rejected at
this stage if it fails to achieve the minimum technical score. CLIENT will notify bidders who fail to score
the minimum technical score about the same and the Financial Bids of such failed bidders will not be
opened.

10.4 Financial Bid

The Financial Bids i.e. Part II will be considered for opening for only of those bidders who secure 60 marks
and above in technical bid The qualified bidders will be notified the date and time of opening of the
financial bid through the tender portal www.coalindiatenders.nic.in.The cost indicated in the Financial Bid
shall be on lump sum basis and shall be reflecting the total cost of services and should be stated in INR
only. The lump sum rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding GST &
GST Compensation Cess.
The payment of GST and GST Compensation Cess by service availer (i.e. CCL) to bidder/contractor (if GST
payable by bidder/contractor) would be made only on the latter submitting a Bill/invoice in accordance
with the provision of relevant GST Act and the rules made there under and after online filing of valid return
on GST portal. Payment of GST & GST Compensation Cess is responsibility of bidder/contractor.

However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid and/or any
increase over the rate existing on the last date of submission of Bid shall be reimbursed by the company on
production of documentary evidence in support of payment actually made to the concerned authorities.

Input tax credit is to be availed by paying authority as per rule.

Similarly if there is any decrease in such duties, taxes and levies the same shall become recoverable from
the contractor/PMC/EXECUTING AGENCY.

If CCL fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital Goods or the ITC
claimed is disallowed due to failure on the part of supplier/vendor of goods and services in incorporating
the tax invoice issued to CCL in its relevant returns under GST, payment of CGST & SGST or IGST, GST
(Compensation to State ) Cess shown in tax invoice to the tax authorities, issue of proper tax invoice or any
other reason whatsoever, the applicable taxes & cess paid based on such Tax invoice shall be recovered
from the current bills or any other dues of the PMC/EXECUTING AGENCY along with interest, if any.

10.5 Financial Bid Evaluation

The Financial Bids will be considered only of those bidders who are eligible for opening of Financial bid as
per clause 10.4 above. The cost indicated in the Financial Bid shall be deemed as final and reflecting the
total cost of services and should be stated in INR only. The evaluation shall be inclusive of all taxes, duties,
levies but excluding GST under the Applicable Law of the land.

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 The lump sum rate quoted by bidder shall be inclusive of all taxes, duties & levies but excluding GST & GST
Compensation Cess, if applicable. The payment of GST and GST Compensation Cess by service availer (i.e.
CCL) to bidder/contractor(if GST payable by bidder/contractor) would be made only on the latter
submitting a Bill/invoice in accordance with the provision of relevant GST Act and the rules made there
under and after online filing of valid return on GST portal. Payment of GST & GST Compensation Cess is
responsibility of bidder/contractor.
However, such duties, taxes, levies etc. which is notified after the last date of submission of Bid and/or any
increase over the rate existing on the last date of submission of Bid shall be reimbursed by the company
on production of documentary evidence in support of payment actually made to the concerned
authorities.

Input tax credit is to be availed by paying authority as per rule.

Similarly if there is any decrease in such duties, taxes and levies the same shall become recoverable from
the contractor/PMC/EXECUTING AGENCY.

If CCL fails to claim Input Tax Credit(ITC) on eligible Inputs, input services and Capital Goods or the ITC
claimed is disallowed due to failure on the part of supplier/vendor of goods and services in incorporating
the tax invoice issued to CCL in its relevant returns under GST, payment of CGST & SGST or IGST, GST
(Compensation to State ) Cess shown in tax invoice to the tax authorities, issue of proper tax invoice or any
other reason whatsoever, the applicable taxes & cess paid based on such Tax invoice shall be recovered
from the current bills or any other dues of the PMC/EXECUTING AGENCY along with interest, if any

10.6 Award of contract:

Selection of Bidder for Award of Work: The final selection of the tenderer for the award of work will be
based on the scores secured by it in the Technical bid (Stage-I) and the fees quoted by it in the financial bid
(Stage-II) as detailed below:
i. 30 % weightage will be considered for Technical Score (TS) obtained in the Technical bid.
ii. 70 % weightage will be considered for the fees quoted by the bidder in the financial bid, this will be
termed as Financial Score (FS).
Financial score of the proposals will be determined using the following formula:
FS = 100 x (FL/F) Where,
‘FS’ is the financial score of an applicant,
‘FL’ is the lowest Financial Proposal among all and
‘F’ is the financial proposal of the particular applicant.
iii. For the purpose of calculation of Composite Score (S) for each bidder, the weightage shall be 30 % for
the Technical Score (TS) and 70% for Financial Score(FS) of the respective applicants. The Composite
Score shall be calculated using the following formula:
S = TS x 0.30 + FS x 0.70
Tenderers will be ranked accordingly to their Composite Scores and will be listed in the order of merit
as H1, H2 and H3 and so on. The top scorer H1 would be successful bidder i.e. eligible for award of
work.
iv. However, in the event of tie at the top position between two or more bidders, the preferred bidder
shall be selected on the basis of more technical competence i.e. bidder with more technical score (TS)
shall be selected as preferred bidder. However, the preferred bidder shall be required to match the
lowest price bid among the bidders forming the tie. If the preferred bidder does not agree to match
the lowest price bid among the bidder forming the tie, the bidder having 2nd highest technical score

13
 (TS) will be considered forward in the similar way with the lowest price bid among the bidders forming
the tie.

11.0 INTEGRITY PACT

PMC and CCL will enter in to an integrity pact. Similarly PMC will also enter in to a similar integrity pact with
their contractors/ suppliers/agencies.
Name, address and contact Number of the Independent External Monitor nominated for this tender:-

Sl. Email Id
Name Address
No.

1. Shri Devendra Kumar 1/G4, Amrapali Sapphire, pathak56515@gmail.com

Pathak, IPS (Retd.) Sector – 45, Noida, UP -
201303

12.0 Water and electric supply:

1. The contractors engaged on the job by the PMC shall arrange necessary electricity at his own cost for
the work and his own establishment.
2. The contractor engaged on the job by the PMC shall arrange necessary water for the work and his
own establishment and nothing extra will be paid for the same. Such water used by the contractor
shall be fit for construction purposes.

13.0 Submission of Bid:

In order to submit the Bid, the bidders have to get themselves registered online on the e-Procurement
portal of CIL/Subsidiary (https://coalindiatenders.nic.in) with valid Digital Signature Certificate (DSC) issued
from any agency authorized by Controller of Certifying Authority (CCA), Govt. of India and which can be
traced up to the chain of trust to the Root Certificate of CCA. The online Registration of the Bidders on the
portal will be free of cost and one time activity only. The registration should be in the name of bidder,
whereas DSC holder may be either bidder himself or his duly authorized person. The bidder is one whose
name will appear as bidder in the e-Procurement Portal.

1. The bidders will submit their bid ONLINE on the websitehttps://coalindiatenders.nic.in. No OFFLINE bid shall be
accepted.

2. The bidders have to accept unconditionally the on-line User Portal Agreement which contains the acceptance
of all the Terms and Conditions of NIT including General and Special Terms & Conditions, Integrity Pact and
other conditions, if any, along with online undertaking in support of the authenticity of the declarations
regarding the fact, figures, information and documents furnished by the Bidder online in order to become an
eligible bidder. No conditional bid shall be allowed/ accepted. This User Portal Agreement will be a part of the
NIT/ Contract Agreement.
3. In the undertaking given by bidder online, there will be provision for penal action, if any
information/declaration furnished online by the bidder against eligibility criteria is found to be wrong at any
stage which changes the eligibility status of the bidder.

4. For online submission of tender the bidders will have to upload “Letter of Bid”, all the documents as prescribed
in the NIT.

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 Letter of Bid: - The format of Letter of Bid (as given in the NIT) will be downloaded by the bidder and will be
printed on bidder’s letterhead and the scanned copy of the same will be uploaded during bid submission in
cover- I. This will be the covering letter of the bidder for submitted bid. The content of the “The Letter of
Bid” uploaded by the bidder must be same as per format downloaded from the website and it should not
contain any other information.

If there is any change in the contents of Letter of Bid uploaded by bidder as compared to the format of
Letter of Bid uploaded by the department with NIT document, then the bid will be rejected. However
inclusion of any additional redundant information by the Bidder in the submitted Letter of Bid (LOB), which
does not contradict the content and spirit of original format of LOB uploaded by department will not be a
cause of rejection of his/her bid.

5. It is the bidder’s responsibility to comply with the system requirement i.e. hardware, software and internet
connectivity at bidder’s premises to access the e-tender portal. Under no circumstances, CIL/Subsidiary shall be
liable to the bidders for any direct/indirect loss or damage incurred by them arising out of incorrect use of the
e-tender system or internet connectivity failures.

14.0 Modification and Withdrawal of Bid:

Modification of the submitted bid shall be allowed on-line only before the deadline of submission of tender
and the bidder may modify and resubmit the bid on-line as many times as he may wish. Bidders may
withdraw their bids online within the end date of bid submission. However, if the bidder once withdraws
his bid, he will not be able to resubmit the bid in that particular tender.

15.0 Tender Status:

It will be the bidder’s responsibility to check the status of their Bid online regularly, after the opening of bid
till award of contract. Additionally, information shall also be sent by system generated e-mail and SMS at
nodal points (Date of bid opening, award of work etc.). No separate communication will be required in this
regard. Non-receipt of e-mail and SMS will not be accepted as a reason of non-submission of Confirmatory
documents within prescribed time. This will be specifically mentioned in the NIT. The Tender Status will be
in public domain and anyone visiting the site can view it by identifying the tender.

16.0 Seeking online clarification by bidder:

The bidder may seek clarification online within the specified period. The identity of the bidder will not be
disclosed by the system. The department will clarify as far as possible the relevant queries of bidders. The
clarification given by the department will be visible to all the bidders intending to participate in the tender.

17.0 Any addendum/corrigendum/date extension etc. in respect of this tender shall be issued on our
website https://coalindiatenders.nic.inonly. No separate notification shall be issued in the press.
Bidders are therefore requested to visit our website regularly to keep themselves updated.

18.0 Purchase Preference under ‘Make in India’ Policy for “Local supplier”.
Preference to Make in India (as applicable) vide Order No. P-45021/2/2017-PP (BE-II) dated 16.09.2020,
issued by Govt. of India as amended from time to time shall be applicable.

19.0 Restrictions on Procurement from a bidder of a country which shares a land border with India and on
sub-contracting to contractors from such countries:

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I. Any bidder from a country which shares a land border with India will be eligible to bid in this tender
only if the bidder is registered with the Competent Authority
II. “Bidder” (including the term ‘tenderer’, ‘consultant’ or ‘service provider’ in certain context) means any
person or firm or company, including any member of a Joint venture (that is an association of several
persons or firms or companies), every artificial juridical person not falling in any of the descriptions of
bidders stated herein before, including any agency, branch or office controlled by such person,
participating in a procurement process.
III. “Bidder from a country which shares a land border with India” means: -
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or registered in such
a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A joint venture where any member of the joint venture falls under any of the above.
IV. “The beneficial owner” for the purpose of (III) above will be as under:
1. In case of a company or Limited Liability Partnership, the beneficial owner is the natural person(s),
who, whether acting alone or together, or through one or more juridical person(s), has a controlling
ownership interest or who exercises control through other means.
Explanation
a. “Controlling ownership interest” means ownership of, or entitlement to more than Twenty Five
Percent of shares or capital or profits of the company;
b. “Control” shall include the right to appoint the majority of the directors or to control the
management or policy decisions, including by virtue of their shareholding or management rights
or shareholders agreements or voting agreements;
2. In case of a partnership firm, the beneficial owner is the natural person(s) who, whether acting
alone or together, or through one or more juridical person, has ownership of entitlement to more
than fifteen percent of capital or profits of the partnership;
3. In case of an unincorporated association or body of individuals, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person, has
ownership of or entitlement to more than fifteen percent of the property or capital or profits of
such association or body of individuals.
4. Where no natural person is identified under (1) or (2) or (3) above, the beneficial owner is the
relevant natural person who holds the position of senior managing official.
5. In case of a trust, the identification of beneficial owner(s) shall include identification of the author
of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the trust and any
other natural person exercising ultimate effective control over the trust through a chain of control
or ownership.
V. An Agent is a person employed to do any act for another, or to represent another in dealings with third
person.

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 VI. The successful bidder shall not be allowed to sub-contract works to any contractor from a country
which shares a land border with India unless such contractor is registered with the competent
Authority.
Note:
1. (a) The intending bidders may submit certificate in compliance to order no.F.No.6/18/2019-PPD dt
23/7/2020 of Ministry of Finance, Dept of Expenditure, Public Procurement Division with respect to
“restrictions on procurement from a bidder of a country which shares a land border with India and on
sub-contracting to contractors from such countries”
AND
(b) Valid registration from competent authority (if applicable). Registration should be valid at the time
of submission of bid and at the time of acceptance of bids.
2. Regarding registration with Competent Authority and exclusion from restriction, Order
no.F.No.6/18/2019-PPD dt 23/7/2020 of Ministry of Finance, Dept of Expenditure, Public
Procurement Division may please be referred.
20.0 JURISDICTION
This agreement is subject to the jurisdiction of Ranchi only and this shall be governed by Indian Laws.

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 TERMS & CONDITIONS OF ENGAGEMENT

1. RESPONSIBILITIES OF THE PMC

1.1 After selection of PMC a Memorandum of Understanding (MoU) will be signed as per format attached in
the Tender document.
1.2 Subsequent to signing of the MoU, PMC shall prepare Detailed Project Report (DPR) including detailed
estimates, detailed architectural scheme and service drawings required for execution of the Project after
getting the concept and specifications approved from Client. While detailing the scheme, PMC shall
provide only those requirements, decided mutually between the Client & the PMC.
NOTE: The total Cost including GST for development of Eco-Parks at 09 different areas of CCL shall not
exceed Rs. 60,54,17,610.24.
1.3 DPR will be modified by the PMC if so required by the Client/ CCL.
1.4 After approval of final DPR, the PMC shall take possession of all encumbrances free site from the Client
and shall nominate a responsible Engineer for execution of the project under intimation to the Client.
1.5 CCL will thereafter release 10% of the preliminary estimated value to PMC on submission of Corporate
guarantee as initial advance which shall be deposited by PMC in a Flexi Bank Account and interest
accrued thereof shall be credited to CCL and get adjusted proportionately as hereinafter provided.
1.6 Validity of the Corporate Guarantee shall not be less than six (06) years {Contract period}
1.7 PMC shall execute the works at sanctioned cost inclusive of agency charges for project management and
planning, designing, consultancy services. In case at detailed design/ execution stage, if there is an
increase in this anticipated cost, the Execution Agency shall submit the details of the same with the
supporting documents and technical/ administrative justification to the Client.
1.8 PMC shall prepare the tender documents comprising the technical specification, BOQ, General Terms and
Conditions, Special Conditions etc. for inviting tenders as per CVC Guide lines.
1.9 The PMC shall invite open tenders for award of the work. However the same will be monitored by the
authorised representative of CCL.
1.10 PMC shall be wholly responsible for any observations/ comments/ defects pointed out by
C.T.E/C.V.C/C.A.G in the planning & procedures of execution of this project.
1.11 PMC shall be fully responsible for the timely completion, the quality and structural safety of the
construction.
1.12 Any defects discovered and brought to the notice of the PMC during the period aforesaid shall be
rectified by the contractor appointed by the PMC. PMC shall ensure that in the event of the failure on
the part of the Contractor, the same may without prejudice to any other rights available to it in law, be
rectified by the PMC at the cost and expense of the Contractor.\
1.13 The PMC shall, unless otherwise specified, be fully responsible for procurement of all materials and
services for the Construction activity.
1.14 During the various stages of execution, PMC shall submit monthly progress reports with site photographs
1.15 PMC shall strictly adhere to quality norms as per specification for various works as per standardisation
and engineering practices in India. PMC shall also ensure adherence of the above stipulation by its
contractor/ sub-contractor/ agencies engaged by them.
1.16 Extra items, deviation etc. if any beyond the scope of the approved design, drawing and technical
parameters shall be executed/ carried out with due written consent of CCL.

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 1.17 The residential and office buildings should satisfy the Silver Standard of Green Building Construction OR
GRIHA- 3 Star Rating in accordance to norms prescribed and settled by the statutory authority. This
should be incorporated in the tender document floated by PMC with presumption that rates quoted by
the executing agency includes the cost of the same and no additional payment for same will be made.

2. RESPONSIBILITIESOF THE CLIENT

2.1. The Client shall demarcate and make available the site for individual project free of all encumbrances or
charges.
2.2. The Client shall exercise its responsibility as the Owner of the Project by signing the drawings required for
Statutory Authorities and also by giving necessary authorization to PMC to secure approvals from local
bodies of statutory authorities for the planning, construction as contemplated in this agreement from time to
time. However, the Client shall help the PMC to the extent of writing letters to local bodies regarding getting
such approvals.
2.3. Authorized person/persons of client may inspect and check the ‘Development & Construction Work’ from
time to time to see that the works are being constructed as per drawings & specifications as provided in the
approved Project. If during the inspection, any defects or variation without the written request/ consent of
the Client are found shall be rectified by the Execution agency at their own cost.
2.4. Client shall release the funds/payments against bills/request of PMC to ensure that the progress of work
should not be hampered due to non-availability of fund.
2.5. Client shall make/reimburse all the statutory payments to the local Government or any other statutory body
or bodies relating to the project.
2.6. The owner/client may hand over the site in piecemeal. In case of delay in handing over of any part of site for
any reason what so ever be, the client/owner will not be liable for any compensation on this account.

3. General Services to be provided by PMC:

3.1. The PMC will monitor, coordinate, manage, evaluate and administer all project processes including
activities of various participants in the Project in accordance with approved project requirements,
Specifications, Schedules, Budgets, Quality, Health Safety & Environment (HSE) parameters. PMC shall
ensure that all necessary documentation is collected, checked, suitably communicated, filed and
submitted to the Company for record.
3.2. PMC shall supervise all the works, check and certify all measurements and bills and make payment to the
contractors. PMC shall keep the client informed through a well-designed Management Information
System (MIS) on the physical & financial progress of the Project at regular intervals or as directed by the
Company.

3.3. PMC shall ensure that all project activities are in accordance with the latest National Building Codes (NBC),
Indian Buildings Congress codes of practices, rules, regulations & norms of HRD, Govt. of India and
relevant provisions of any other codes / manuals / circulars, CPWD & other Govt. of India guidelines, as
required for planning, construction and operation and maintenance of the constructed facilities.

3.4. To ensure implementation of all project processes, PMC shall liaise with and provide all requisite
information, support and assistance to the Company, all appointed consultants including their sub-
consultants and all other individuals, agencies and organizations as may be deemed fit by the Company
during the entire period of contract.

3.5. PMC shall be duty-bound to act on the directions of the Company in all project matters but the Company
shall in no manner whatsoever is bound to act on the advice of PMC in any matter related to the project.

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 3.6. Besides regular site supervision by professionals posted at site, PMC shall depute, with prior approval of
the Company, highly qualified and well experienced experts / professionals from different disciplines for
periodic monitoring, supervision and evaluation, on routine basis during the entire period of contract, at
their own cost and arrangement.

3.7. The status / designation / qualifications of the representative(s) of PMC who will be allowed to deal /
interact with the Company and/or its representatives, the Architect, other consultants and designated
committees / groups etc. shall be the matter of discretion of the Company; and the decision of the
Company in this regard shall be final and binding on PMC.

3.8. PMC shall respond to the queries raised by the Company within 7 days or lesser time considering the
nature of query and its impact on the project.

3.9. PMC may engage, at its own cost but with prior approval of the Company, the specialized sub-consultants,
considered suitable, for the part of services which may require specific expertise subject to the condition
that the overall responsibility of performance under the contract shall always lie with PMC only.

3.10. PMC shall be required to work in close coordination, provide requisite information and be available for
meetings with the Architect and other persons / organizations associated with the planning, construction
and operation and maintenance in all such matters as directed by the Company.

3.11. The decision of the Company will remain final in all matters and PMC shall be bound to execute such
decisions to the satisfaction of the Company.

4. Support and Co-ordination services

4.1. PMC shall be required to organize, conduct, participate in all meetings regarding the project at any date,
time and place as directed by the Company throughout the project period and prepare the minutes of
meeting and issue the same after the approval of the Company.
4.2. The Company expects PMC to conduct routine monitoring and coordination meetings on daily and weekly
basis at site / Company to help all consultants, contractors, vendors and other agencies in the process of
demonstration, review, comments and the Company inputs on the work progress and to ensure
monitoring of project implementation. The minutes of such meeting needs to be supplied to the
Company.
4.3. PMC shall, without question or fail, provide knowledge transfer and handover, including transfer and/or
cessation and/or conveyance of physical possession and/or custody wherever applicable, of all material or
de-materialized project constituents, to the Company and/or other agencies appointed by the Company,
as and when desired by the Company.
4.4. PMC shall provide full coordination including required administrative / secretarial support and full
assistance to the Company and / or other agencies appointed by the Company, in all project related legal
matters and other mandatory compliances including but not limited to preparation and processing of
responses to all audit authorities/ vigilance authorities/ RTI questions and any others, handling all related
communications and facilitating inspections by such authorities, to the extent as and when desired by the
Company, throughout the entire duration of the contract and without question or fail.
4.5. PMC shall brief the Company in a timely manner and keep it fully informed on the status of various stages
of statutory, legal and other project related matters and compliances; and shall bring to the Company’s
notice, well in advance, all consequent necessary actions required keeping in mind the project milestones.

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 4.6. The Company, at its sole discretion and without assigning any reasons whatsoever, reserves the right to
appoint any individual and/or organization as it may deem fit to render the whole or part of services
covered in this NIT, in the interest of timely and qualitative completion of construction works at the risk
and cost of the PMC.

5. Pre-construction Stage:
5.1. Statutory Authority Approvals for the Project

5.1.1. The PMC will prepare a list of all applicable statutory approvals to be taken from statutory authorities
for both commencement of construction work of the project and before hand over of the facilities of
the project along with the documents required to be submitted for getting approvals, name and
address of the concerned department, expected time required to obtain approvals, statutory fee details
and submit to the Company and take action to acquire the approvals accordingly. All relevant drawings
required to be submitted to the concerned authorities for obtaining statutory clearances / approvals
shall be supplied by the Architect engaged by the PMC at the cost to be borne by the PMC. The
Company will issue necessary official requests / letters wherever required. All the plans shall have to be
accepted by the Company before submission for statutory approvals.
5.1.2. The PMC shall obtain all statutory approvals from statutory authorities for both commencement of
construction work of project and occupancy certificate before hand over of the facilities of the campus.
The statutory fees towards the same will be reimbursed by the client after submission of original
receipts.
5.1.3. The PMC shall obtain approvals for Civil & Structural drawings, Eco-park plans and construction
clearance from Municipal Competent authorities and other local bodies - water supply connection,
electric supply connection, environment & pollution clearance, chief controller of explosives, fire
department, civil aviation department, building bye-laws, occupancy certificate, NOC from lift inspector
etc., Sports Authority of India or any other statutory bodies, as the case may be, with related to
construction/completion and commissioning of the project The statutory fees towards the same will be
reimbursed by the client after submission of original receipts.
5.1.4. The PMC shall also be liable to follow the guidelines/rules in accordance with DGMS rules/Mines Rule
or any statutory body related to mines regulation.
5.1.5. All expenditure on the account as deliberated under 5.1.3 along with third party quality inspection,
vetting of civil and structural engineering drawings, surveys etc. shall be borne by the PMC.

5.2.Design support by PMC:

5.2.1. Ensuring adherence of design to energy efficiency of the infrastructures of Eco-park and other best
practices of eco-park design;

5.2.2. Civil and Structural design and engineering of all the buildings/components of the Project. PMC will be
responsible for the soundness of the civil and structural design under the scope of work for eco-park.

5.2.3. Design of various civil, structural, mechanical, electrical and communication systems in-house or may
engage the well qualified specialist or consultants at its own cost with the approval of the Company for
design/approval of following services: -
5.2.3.1. Development of Green Houses, theme-based garden and Nursery etc.
5.2.3.2. Landscaping, horticulture, floriculture, any suitable revenue generating endemic plantation including
5 years maintenance
5.2.3.3. Development of ecosystem by adopting suitable measures like honey bee farming, fish farming, food
processing plant etc.

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5.2.3.4. Provisions of Rainwater harvesting, Bio-Compost/Vermicompost and installation of solar panels
5.2.3.5. Soil protection with jute netting and gabions as per the requirement
5.2.3.6. Civil construction such as toilets, guard rooms, office rooms, canteen and sale counter along with
boundary fencing, drains, pathways etc. All construction should be based on eco-friendly practices.
5.2.3.7. Electrical works – Appropriate Illumination of whole park
5.2.3.8. Park automation systems
5.2.3.9. Accessible features for persons with disabilities
5.2.3.10. Preparation of foundation plans; construction drawings etc.,
5.2.3.11. Fire- fighting system.
5.2.3.12. Security systems.
5.2.3.13. Plumbing, sewage and sanitation, waste management system (PHE), Rain water harvesting etc.
5.2.3.14. PMC is encouraged to develop Centre of Excellence (in a particular field related to Eco-system
rehabilitation) for at least 2 parks being developed by them.
5.2.3.15. Any other facility required for the smooth functioning of the Eco-Park.

5.3.Preparation of detailed estimate of the Project

5.3.1. Based on the approved architectural drawings submitted by the Architect detailed estimate of the
Project shall be prepared by the PMC.

5.3.2. The DPR/detailed estimates will be based on the latest CPWD DSR (Delhi Schedule of Rates) as the
guidelines for the respective works and non-schedule items on the basis of market rates supported
with proper analysis of rates of labour and material as per CPWD/Govt. of India norms. The PMC shall
be fully responsible for the accuracy and sufficiency of the estimated quantities and cost, the
estimated time for completion, the detailed nomenclature of items along with the specifications,
tender drawings, and General and Specific conditions of the contract. The PMC shall ascertain the
overall correctness of the tender documents before those are issued to tenderers.

5.3.3. Preparation of bid documents i.e. bill of quantities, Contract Conditions for various works etc., the
selection of the Contractor for the execution of the project.

5.3.4. The bidding document shall be prepared with an objective to ensure implementation of the project to
specified standards with a fair degree of certainty relating to costs and time while awarding the
construction work to a construction agency.

5.3.5. Selection of the contractor will be based on open competitive tendering process.

5.4. Appointment of the Contractor

5.4.1. The PMC will publish/upload the tender notice in various newspapers/ websites for adequate
publicity of the tender.

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 5.4.2. The tenders shall be invited through e-tendering. All the process of e-tendering shall be carried out
by the PMC.

5.4.3. The PMC, along with the Architect and the Company, will solicit and conduct pre-bid meeting with
the prospective bidders. The PMC, Architect along with the team of sub-consultants, if any of the
respective fields, will be available for discussion in person with the prospective bidders as required
during the pre-bid meeting.

5.4.4. Site visit for prospective bidders will be arranged by PMC and also attended by representative of the
Architect.

5.4.5. The Govt. of India, CVC guidelines for entire e- tendering process till the award of work shall be
followed.

5.4.6. Similarly the PMC shall also carry out the tendering process for the finalization of other
works/services related to project work of different disciplines.

5.4.7. The PMC shall be the Member Secretary of all the meetings between the contractor(s) and the
Company.

6. Development and Construction Stage:

6.1. General Services
6.1.1.Review the detailed work programme, suggest modifications, if any and approval of the work
programme of the Contractor appointed for the execution of work in consultation with the Company
keeping in view the overall interest of the project.

6.1.2.Review and approve the Construction Methods proposed by the contractor(s) for carrying out the
works to ensure that these are satisfactory with the technical requirements, project implementation
schedule and environmental aspects as well as safety of workers, personnel and the general public.

6.1.3.Review and ensuring conformity of Contractor’s securities of the contracts in approved formats.

6.2. Construction Supervision & Technical Support

6.2.1.Regularly interact with the Architect, Contractors and Client/ CCL to resolve all issues related to
project execution before the construction and during the construction till handing over of works.

6.2.2.Preparation and release of good for construction drawings to the satisfaction of the Company and to
ensure that extra items are minimized.

6.2.3.Arrange for clarifications and/or resolution of conflicts pertaining to construction drawings,

specifications and engineering problems.

6.2.4.Approve or arrange to approve by the consultants, of suppliers and contractors drawings and
documents for equipment and services installations, as required.

6.2.5.Approve or arrange to approve by the consultants, of material samples, test reports and other
certifications and submittals by suppliers and contractors for conformance to drawings and
specifications, as required.

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 6.2.6.Carry out detailed checking and verification of the setting-out data for the work including lines, levels
and layout to ensure conformity with the approved drawings.

6.2.7.Carry out regular inspection of the Contractor’s equipment, plants, machineries, installations,
housing and medical facilities etc. and ensure they are adequate and are in accordance with the
terms and conditions of the Contract and Government’s instructions in this regard.

6.2.8.To check/supervise the quality of materials and/or work for approval or disapproval of the same.

6.2.9.Suggest modifications / revisions in the contractor’s execution method, material sources etc.

6.2.10. Maintain records, working / as built drawings, test data, details of variations, correspondence and
diaries.

6.2.11. PMC shall assist the Company for the identification of areas for material storage, identification of
areas for plant & machinery required for the Project.
6.2.12. In case of any discrepancies, PMC shall bring the same to the notice of the Company and the
Architect. PMC shall coordinate the inclusion of the necessary design and/or layout modifications
including services etc. on design drawings as per site requirements. PMC shall seek the Company’s
approval for any such changes before implementation at site.
6.2.13. Inspect the works on substantial completion before handing over to Company and report to
Company on any outstanding work to be carried out by the contractor during the Defect Liability
Period.

6.3. Project Quality Assurance/Quality Control

6.3.1.PMC shall perform all duties of quality assurance of works and carry out comprehensive technical
supervision of the works to ensure conformity with approved designs, specifications or materials and
workmanship, adopted QA/QC and Health, Safety and Environment (HSE) procedures, applicable
relevant standards and codes and sound engineering practices.

6.3.2.PMC shall ensure suitable and sufficient tests on materials and equipment as required including
random checks for conformance with specific requirements of contract documents, and document
results of the tests. Besides, assessment and checking in the laboratory and the scheduling,
supervision and vetting of field tests carried out by the contractors. PMC may also carry out
independent tests as necessary, as and when desired by the company, for quality assurance of the
works at contractors own cost. PMC shall maintain completed records of all test results including
supplier’s material tests.

6.3.3.PMC shall review and approve the test results/certificates and wherever tests indicate lack of
conformance, it shall initiate action to secure conformance including additional tests as considered
necessary to establish quality of the work desired.

6.3.4.PMC shall note deficiencies in the contractor’s work, cause corrections to be made, and check the
remedial work and facilitate to rectify the deficiencies as per approved methods / BIS provisions.
Moreover, PMC will not be discharged of their responsibility to get the defects rectified.

6.3.5.PMC shall check that various products guarantees are available for sufficient period.

6.3.6.PMC shall conduct monthly technical quality audit in co-ordination with the Company. Review the
contractor’s testing laboratory at the site, testing and manning facilities available and assess their

24
 adequacy for proper and due execution of works. In case facilities are found to be inadequate /
deficient for the proposed works, the PMC shall suggest appropriate augmentation of such facilities.
However, in the meantime, the PMC can get the required test done from the established /
recognized laboratories from such Technical Institutes which have facilities at the expense of the
contractor.

6.3.7.For the purposes of independent testing, wherever required, all materials/ equipment shall be sent
for testing / calibration to the Laboratories that are accredited by NABL (National Accreditation
Board for Testing & Calibration Laboratories).

7. PAYMENT TERMS

7.1 PMC shall work on “Cost + Lump Sum service charges basis” for this project on behalf of Client and shall be
paid the actual executed cost of work plus the proportionate service charges thereon for Project
Management, Supervision, Services including Architectural Services for planning, designing, and Consultancy
Services (to be mutually agreed). Agency charges shall not be paid on GST levied rather on actual cost of the
work. The PMC shall ensure raising of Tax Invoice for actual cost of work, so that input Tax Credit can be
availed by the owner as per rule. GST on actual cost of work will be payable extra. Any other Tax levied by
the Government after award of work by PMC to executing agency or to PMC will be paid extra.
If the actual cost of the work excluding GST is equal to or more than the estimated tendered Project cost
exclusive of GST, then the maximum service charge toward Project Management Consultancy shall be limited
to lumpsum charge quoted by the PMC during his / their bid submission excluding GST. However, if the
actual cost of work excluding GST is less than the estimated tendered Project cost excluding GST, then the
lumpsum charge as quoted by the PMC during bid submission will be reduced proportionately.
7.2 The expression ‘actual cost’ of works shall include the following:
7.2.1 All the final payments made to the contractor(s), supplier(s), executing agency as agreed upon in the
tender for the construction of all the buildings, services, structures, related facilities etc as per scope of
work.

7.2.2 All costs of materials acquired for the project and used on the work, either directly or through the
contractor(s) including storage charges, carriage and any other incidental charges connected with such
materials but excluding the material not incorporated or not handed over to the Client .

7.2.3 All liabilities of the PMC payable to the contractors/ Sub-Contractors, suppliers and other executing
agencies to the extent these falls within the definition of actual cost as may be left outstanding at the
time of payment of final bill provided they have been accepted by the PMC as balance payment against
final bill of these agencies.
7.2.4 All liabilities arising out of any court decree or arbitration award and /or any additional costs emerging
due to the direction of any Court/tribunal /statutory body and/or any other legal costs including but not
limited to the cost of hiring advocates, getting legal opinions, filing of pleadings etc. for the purpose of
initiating on behalf of, or defending, itself or the Client in any suit or arbitration, in respect of any dispute
arising out of the Project works done or to be done and/or freeing the site of all encumbrances and/or
charges. However PMC would consult the owner before engaging/hiring any Sr. Advocate of outstation
Ranchi.

This Sub-Clause7.2.4 only addresses disputes/arbitrations/suits with any or all of the Contractors or any
other person(s) body/authority. Nothing in this Sub-Clause shall be construed to cover any
disputes/arbitrations/suits between the Client and the PMC, in which case, each party shall bear its own
costs.

25
 The parties hereto understand and agree that although the costs referred to in this sub clause will come
under actual costs and therefore be borne by the Client, the same shall not be taken into account for the
purpose of calculating the Service charges except for such costs which as a result of an
order/judgment/decree have resulted in some form of addition or variation in the Project works.

NOTE: The total Cost including GST for development of Eco-Parks at 09 different areas of CCL shall not
exceed Rs. 60,54,17,610.24.
7.3 The actual final cost of work shall not include:
a) Cost of land.
b) Cost paid by the Client to local Government or any other statutory body or bodies for getting approvals
for the project etc.

7.4 The payments by the Client shall be made by transfer of funds in a bank account of PMC or through e-
Transfer.

7.5 Bank interest accrued on the deposits/advance shall be passed on to the Client.

7.6 CCL will release 10% of the approved Detailed Project Report (DPR) cost including GST to the PMC on
submission of Corporate Guarantee as initial advance which shall be deposited by the PMC in a Flexi Bank
Account and interest accrued thereof shall be credited to CCL and get adjusted proportionately as
hereinafter provided.
The expenditure incurred thereafter towards carrying out the works of the projects shall be adjusted from
the initial advance. When 80% of the initial advance is utilized, the PMC shall submit the utilization
certificate. Further advance as per utilization certificate will be paid / released to the PMC to make total
advance 10% of the approved Detailed Project Report (DPR) cost. The procedure of release of fund shall be
repeated whenever 80% of the total advance paid to the PMC is utilized and utilization certificate is
submitted by the PMC.
The utilization certificate should be supported by authenticated documents including statement of priced
quantities executed and payments made to the various persons / parties including contractors / sub-
contractors / agencies / vendors engaged by the PMC for the project cost (excluding GST) plus the
proportionate service charges due to the PMC for the part of work executed by them. Agency charges shall
not be paid on GST rather on actual cost of the work. GST on actual cost of the work will be payable extra.

7.7 For payment of the Project Cost + Lump Sum service charge against execution of PMC works, paying
authority for development of Eco-park at each Area shall be Area Finance Manager of corresponding Area.

8. COMPLETION OF THE PROJECT

8.1. The role of the PMC shall continue till the end of the maintenance period of 5 years.
8.2. The date of start of the work shall be reckoned from the 15th day after the date of issue of LOA or signing
of Agreement/MoU or handing over the site or approval of final DPR by the statutory authorities
whichever is later.

8.3. The work for Development of Eco-park shall be completed in all respect within a period of 365 days
decided upon from the date specified in Clause 8a above. The maintenance period will be of 1825 days (5
years) after development & construction period which includes self sustainable period of 365 days in
which the PMC will have to run the Eco-Park as self-sustainable for 365 days (1 year) without incurring any

26
 additional expenditure after expiry of development & construction period of 365 days and part
maintenance period of 1460 days (4 years).
8.4. The PMC shall be fully responsible for observance of all labour and other laws applicable in the matter and
shall indemnify and keep indemnified the owner against effect of non-observance of any such laws.
8.5. The PMC shall submit completion report with drawings, warranty & guarantee certificates of equipments’
including maintenance schedules to the Client within 60 (Sixty) day of completion of work.
8.6. The defect liability period of this project or the Self Sustainable period for Eco-Park shall be after expiry of
development & construction period of 365 days and maintenance period of 1460 days (4 years). PMC shall
be responsible for satisfactory rectification of defects.

9. LIQUIDATED DAMAGES

PMC shall be required to complete the Development & construction of project within the period stipulated in
this Agreement. In case of delay, which may occur due to the reasons beyond the control of PMC would
approach the Client with full details for extension in time limit for completion of the works.
In case, completion of the project is delayed due to reasons solely attributable to the
contractors/Agencies/Suppliers engaged for the project by the PMC, the PMC shall impose liquidated damages
@ 0.5 % (Zero point five percent) on awarded contract value for each week of delay subject to a maximum of
10% (ten percent) of the awarded contract value and the benefit shall be passed on to the Client.
If the delay in completion is solely attributable to the PMC, PMC shall be liable to pay as damages to ‘CLIENT’ a
sum calculated @ 0.5 % (Zero point five percent) of Lump sum Agency charges for each week of delay subject
to a maximum of 10% (ten percent) of the Lump sum Agency Charges.

The PMC shall be fully responsible to defend any suits or arbitration cases arising out of project in connection
with the work between the PMC and its Contractor(s) but with consultation/advice of client.
Any compensation levied by the PMC due to non-fulfilment of any clause of the contract by the contractor or
any such recovery from the contractor for bad work or any other reasons whatsoever shall be passed on to the
Client.
For Self -Sustainable Period: PMC will have to make the Eco-park self-sustainable after expiry of development
& construction period of 365 days and maintenance period of 1460 days (4 years). PMC will have to provide
audited reports in support of self-sustainability of the Eco-Parks after expiry of development & construction
period of 365 days and maintenance period of 1460 days (4 years). In case, PMC fails to achieve the self-
sustainability, PMC shall be liable to pay as damages to ‘CLIENT’ a sum calculated as difference between
annual expenditure incurred and annual revenue generated for the self-sustainable period of 365 days (12
months) subject to a maximum of 10% (ten percent) of the Lump sum Agency Charges.
10. Extension of Contract Period
In case, the PMC successfully runs the Eco-park as self-sustainable for a period of one year after expiry of
development & construction period of 365 days and maintenance period of 1460 days (4 years), CLIENT may
increase the contract period further on mutually agreed terms and conditions.

11. FORCE MAJEURE

The PMC shall not be considered in default if delay in completion of the work occurs due to cause beyond its
control such as acts of God, natural calamities, civil wars, fire, strike, frost, floods, riots and acts of
unsurpassed power. The PMC shall notify ‘Client’ in writing within ten days from the date of such occurrence.
In the event of delay due to such causes, the completion schedule will be extended for a length of time equal
to the period of force majeure.

27
 PMC shall not hold responsible any contractor/ agency for the delay/ stoppage of work due to force majeure
conditions like natural calamities, civil disturbance, war, etc. and for losses suffered if any, by the Client on this
account. The PMC shall also not be able in any way to bear such losses and no compensation of any kind
whatsoever will be payable by the PMC to The Client. Suitable force majeure clause shall be incorporated in all
the agreement entered into by the PMC with the contractors/ agencies.

12. ARBITRATION
In the event of any disputes or difference between the Company and the PMC relating to the interpretation and
application of the provisions of the contracts, (whether during the progress of the works or after their
completion) the same shall be settled amicably through mutual discussions.
The PMC should make request in writing to the Engineer-in-charge for settlement of such disputes/claims within
30 (thirty) days of arising of the cause of dispute/ claim failing which no disputes/ claims of the contractor shall
be entertained by the company.
Effort shall be made to resolve the dispute in two stages
In first stage dispute shall be referred to Area GM or GM/HoD(C), CCL. If difference still persist the dispute shall
be referred to a committee constituted by the owner. The committee shall have one member of the rank of
Director of the company who shall be chairman of the committee.
If differences still persist, the settlement of the dispute shall be resolved in the following manner:
In the event of non-resolution of the dispute the same shall be referred to Alternative Mechanism for
Resolution of CPSEs Disputes (AMRCD) as mentioned in the DPE OM No. dated 22-05-2018. The provisions of
Arbitration Act, 1996 shall not be applicable to the arbitration under this clause. The award of the AMRCD shall
be binding upon the parties to the dispute provided.
All Arbitration award(s) / court decree(s) in the favour of the contractor (s) shall be borne by the 'Client'.
However, the PMC shall not charge Agency Charges on such Arbitration award(s)/ court decree(s) in the favour
of contractor(s). The cost of any arbitration award or the cost as a result of any direction of any court in respect
of the work done or to be done shall be borne and paid by the Client. The Arbitration/ Court cases shall be
contested by the PMC on behalf of the Owner/client and necessary fees and expenditure shall be borne and
paid by the Client. However, the PMC will take prior approvals of replies/counter claims/documents to be filed
from them for the client. In case of any dispute and differences arising out of contracts for any work between
the PMC and executing agency contractor, the PMC and the executing agency will endeavour their best to settle
their disputes amicably. In case of not arriving at any settlement and dispute and differences continue to persist,
the PMC will refer the representation and the disputes/ differences/claims of the executing agency to CMD. CCL
for appointment of Sole Arbitrator or Arbitral tribunal consisting of 3 Arbitrators at the discretion of CMD, CCL
depending upon the quantum and nature of claim for adjudication of the disputes in accordance to Arbitration
and conciliation Act 1996. The fees and charges of such arbitration will be shared equally by the PMC and the
executing agency.

13. Excepted clauses-

i) No interest will be admissible and payable on any amount withheld under this contract.
ii) No interest will be admissible and payable on any amount under any head /item awarded by
Arbitrator.
iii) No claim will be entertained or admissible or adjudicatable for Idle manpower, Idle machineries, any
direct or indirect overhead charges, towards loss of turnover, towards loss of profit whether or not
responsibility is attributable to Owner/CCL.
iv) No claim will be entertained or admissible or adjudicatable on any direct or indirect loss for site and its
overhead expenses.
v) PMC will incorporate the above sub clauses 15(i),(ii),(iii) &(iv) in the Tender document, which will be
floated by them for engaging contractor/executing agencies.

*********************

28
A N N E X U R E S.

29
 Annexure-A

LETTER OF BID

From:

To,

General Manager (Civil)/HoD

Central Coalfields Ltd.
Darbhanga House, Ranchi- 834029

Sub: Submission of Bid for Project Management Consultancy Work for DEVELOPMENT OF ECO-PARKS AT 09
(NINE) DIFFERENT AREAS OF CCL.

Sir,

Having examined the details given in bid document for the above work, I/We hereby submit the ‘Bid’. I/We
hereby agree with the terms & conditions mentioned in the bid document.

Yours faithfully,

(Signature, name and Designation of authorized person with

complete address)

(Please affix seal)

30
 ANNEXURE -B
Details about Bidding Agency
S.No. Particulars
1. Full name of the Bidder
(In capital letters)

2. Full address of the Bidder

3. (A) Telephone No.

(B) Fax No.
(C) Email Id.
4. Names and details of the
Authorized Signatory of
this NIT (Address, contact
telephone Number, Mobile
number, FAX No., Email ID)

5. It is hereby certified that ______________________________ (The bidding Public Sector

Undertaking, Government Organization, Government agencies and Government Institutions
(Centre or State) herein) has never been black-listed by Public Sector Undertaking,
Government Organization, Government agencies and Government Institutions (Centre or
State).
6. Certificate regarding compliance to order no.F.No.6/18/2019-PPD dt 23/7/2020 as amended from
time to time of Ministry of Finance, Dept of Expenditure, Public Procurement Division with
respect to restrictions on procurement of goods, services or works from a bidder of a country
which shares a land border with India and on sub-contracting to contractors from such countries:
I/we have read the Clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India and on sub-contracting to contractors from such countries; I/we
certify that I am/ we are not from such a country or, if from such a country, has/have been registered
with the Competent Authority and will not sub-contract any work to a contractor from such countries
unless such contractor is registered with the Competent Authority. I hereby certify that I/we fulfil all
requirements in this regard and I am/ we are eligible to be considered.
(Where applicable, evidence of Competent Authority shall be attached.)

I hereby certify that the above-mentioned particulars are true and correct.

Signature of Authorized Signatory.

Name of Authorized Signatory
Stamp
 Annexure : C

Details of personnel(with documentary evidence)

S. No. Category No. of persons

1 Graduate Engineers
- Civil
- Horticulturist/Agriculturist
- Architect
2 Supporting Staff (Technical)

TOTAL

Signature of Authorized Signatory.

Name of Authorized Signatory
Stamp
 ANNEXURE :D
Details of Works / Projects executed during last Seven years

S.NO. NAME OF NAME EXACT APPROV DATE OF TIMELIN ACTUA FINAL IS REMARKS
CLIENT OF LOCATI ED COST COMMEN E FIXED L DATE COST THERE
DEPARTM PROJECT ON OF CEMENT FOR OF OF ANY
ENT /SITE PROJECT OF COMPLE COMPL PROJEC DISPUT
OF THE (in lakhs) PROJECT TION ETION T E/
PROJEC (in LEGAL
T lakhs) CASE/A
RBI-
TRATIO
N CASE
PENDI
NG IN
RESPEC
T OF
THE
PROJEC
T
 ANNEXURE - E

MANDATE FORM FOR ELECTRONIC FUND TRANSFER / INTERNET BANKING PAYMENT.

1. Name of the Bidder :…………………………………………………………………

2. Address of the Bidder : ………………………………………………………………….

………………………………………………………………….

City………………………. Pin Code………………………….

E-mail Id ………………………………………………………

Permanent Account Number …………………………………..

3. Particulars of Bank:

Bank Name Branch Name

Branch Place Branch City
Pin Code Branch Code
MICR No.
( Digital Code number appearing on the MICR Band of the cheque supplied by the Bank. Please attach Xerox
copy of a cheque of your Bank for ensuring accuracy of the Bank Name, Branch Name and Code Number.
RTGS CODE

Account Type Savings Current Cash Credit

Account Number(as appearing in the
Cheque Book.

4. Date from which the mandate should be effective.

I hereby declare that the particulars given above are correct and complete. If any transaction is delayed or not
effected for reasons of incomplete or incorrect information, I shall not hold Company responsible. I also undertake to
advise any change in the particulars of my account to facilitate updation of records for purpose of credit of amount
through SBI Net / RTGS transfer/NEFT. I agree to discharge responsibility expected of me as a participant under the
scheme. Any bank charges levied by the bank for such e-transfer shall be borne by us.

Place :
Date:
Signature of the Party / Authorized Signatory

------------------------------------------------------------------------------------------------------------------------

Certified that particulars furnished above are correct as per our records.

Banker’s Stamp

Date

(Signature of the Authorized official from the Bank)

 ANNEXURE - F

PRE-CONTRACT INTEGRITY PACT

(To be signed on Plain Paper)

General
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on…………….day of the
month of ………….202, between, on one hand, Central Coalfields Limited acting through General Manager
(Civil) / HOD, Designation of the officer, (hereinafter called the “BUYER / Principal”, 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/Seller/Contractor” which expression shall mean and include, unless the context otherwise requires,
his successors and permitted assigns) of the Second Part.
WHEREAS the BUYER proposes to procure Providing project management consultancy (PMC) services for
DEVELOPMENT OF ECO-PARKS AT 09 (NINE) DIFFERENT AREAS OF CCL from Concept to
Commissioning and the BIDDER/Seller is willing to offer/has offered the stores and
WHEREAS the BIDDER is a private company/public company/Government undertaking/partnership/registered
export agency, constituted in accordance with the relevant law in the matter and the BUYER is a Central
Public Sector Unit.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to be entered
into with a view to :-
Enabling the BUYER to obtain the desired said stores/equipment 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 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 other corrupt
practices and the BUYER 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:
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:-
a. 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 self or third person, any material or
immaterial benefit which the person is not legally entitled to.
b. The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal will in
particular, before and during the tender process, provide to all Bidder(s) the same information and will not
provide to any Bidder(s) confidential / additional information through which the Bidder(s) could obtain an
advantage in relation to the tender process or the contract execution.
c. 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 IPC/ PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the Chief
Vigilance Officer and in addition can initiate disciplinary actions.
Section 2 - Commitments of the Bidder(s)/ Contractor(s)
(1) The Bidder(s) / Contractor(s) commit themselves to take all measures necessary to prevent corruption.
The Bidder(s) / Contractor(s) commit themselves to observe the following principles during participation in
the tender process and during the contract execution.
a. The Bidder(s) / Contractor(s) 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 other 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.
b. The Bidder(s) / Contractor(s) will not enter with other Bidders info 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 bidding process.
c. The Bidder(s) / Contractor(s) will not commit any offence under the relevant IPC/ PC Act; further the
Bidder(s) / Contractor(s) 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.
d. The Bidder(s) / Contractors(s) of foreign origin shall disclose the name and address of the Agents/
representatives in India, if any. Similarly, the Bidder(s) /Contractors(s) of Indian Nationality shall furnish the
name and address of the foreign principals, if any. Further details as mentioned in the "Guidelines on Indian
Agents of Foreign Suppliers" shall be disclosed by the Bidder(s) / Contractor(s). Further, as mentioned in the
Guidelines all the payments made to the Indian agent/ representative have to be in Indian Rupees only.
e. The Bidder(s) / Contractor(s) will, when presenting their bid, disclose any and all payments made, is
committed to or intends to make to agents, brokers or any other intermediaries in connection with the award
of the contract.
f. Bidder(s) / Contractor(s) who have signed the Integrity Pact shall not approach the Courts while
representing the matter to IEMs and shall wait for their decision in the matter.
(2) The Bidder(s) / Contractor(s) 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 / Supplier has committed a transgression through a violation of Section 2 such as
to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor
/ Supplier 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.
(2) A transgression is considered to have occurred if the Principal, after due consideration of available facts
and evidences within his / her knowledge concludes that there is a reasonable ground to suspect violation of
any commitment listed under Section 2 i.e “Commitments of Bidder(s) / Contractor(s).
(3) 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.
(4) If the Bidder / Contractor / Supplier 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.”
Section 4 - Compensation for Damages
(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to
Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit/
Bid Security (i.e. 1.25% of tendered value)
(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 of the Contract value or the amount equivalent to Performance Bank
Guarantee.
Section 5 - Previous transgression
(1) The Bidder declares that no previous transgressions occurred in the last three years with any other
Company in any country conforming to the anti-corruption approach or with any 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
action can be taken as per the procedure mentioned in "Guidelines on Banning of business".
Section 6 - Equal treatment of all Bidders / Contractors / Subcontractors
(1) In case of Sub-contracting, the Principal Contractor shall take the responsibility of the adoption of Integrity
Pact by the Sub-contractor.
(2) The Principal will enter into agreements with identical conditions as this one with all Bidders and
Contractors.
(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 Bidder(s) / Contractor(s) / Subcontractor(s)
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 same to the Chief Vigilance
Officer.
Section 8 - Independent External Monitor
(1) The Principal appoints competent and credible Independent External Monitor for this Pact after approval
by Central Vigilance Commission. 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/ her
functions neutrally and independently. The Monitor would have access to all Contract documents, whenever
required. It will be obligatory for him / her to treat the information and documents of the
Bidders/Contractors as confidential.
He/ she reports to the Chairman, Coal India Limited / CMD, Subsidiary Companies
(3) The Bidder(s) / Contractor(s) 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/ her request and demonstration of a valid interest, unrestricted and
unconditional access to their project documentation. The same is applicable to Sub-contractors.
(4) The Monitor is under contractual obligation to treat the information and documents of the Bidder(s) /
Contractor(s) / Sub-contractor(s) with confidentiality. The Monitor has also signed declarations on 'Non-
Disclosure of Confidential Information ' and of 'Absence of Conflict of Interest'. In case of any conflict of
interest arising at a later date, the IEM shall inform Chairman, Coal India Limited / CMD, Subsidiary
Companies and recuse himself / herself from that case.
(5) 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.
(6) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he/ she will so inform
the Management of the Principal and request the Management to discontinue or take corrective action, 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.
(7) The Monitor will submit a written report to the Chairman, Coal India Limited / CMD, Subsidiary Companies
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.
(8) If the Monitor has reported to the Chairman, Coal India Limited / CMD, Subsidiary Companies, a
substantiated suspicion of an offence under relevant IPC/ PC Act, and the Chairman, Coal India Limited /
CMD, Subsidiary Companies has not, within the reasonable time taken visible action to proceed against such
offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this information directly to
the Central Vigilance Commissioner.
(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 contract, and for all other Bidders 6 months after the contract has been awarded. Any
violation of the same would entail disqualification of the bidders and exclusion from future business dealings.
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 Chairman Coal India Limited /
CMD, Subsidiary Companies.
Section 10 - Other provisions
(1) Changes and supplements as well as termination notices need to be made in writing. Side agreements
have not been made.
(2) If the Contractor is a partnership or a Joint Venture, this agreement must be signed by all partners or JV
members.
(3) 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.
(4) Issues like Warranty / Guarantee etc. shall be outside the purview of IEMs.
(5) In the event of any contradiction between the Integrity Pact and its Annexure, the Clause in the Integrity
Pact will prevail.
Section 11- Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of commission, the BUYER or its
agencies shall be entitled to examine all the documents including the Books of Accounts of the BIDDER and
the BIDDER shall provide necessary information and documents in English and shall extend all possible help
for the purpose of such examination.
Section 12- Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat of the BUYER.
Section 13 - Other Legal Actions.
The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in
accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

(For & On behalf of the Principal) (For & On behalf of Bidder/ Contractor)

(Office Seal) (Office Seal)

Witness Witness

1. _________________ 1._____________________

2. _________________ 2. _____________________

NOTE: Subject to change as approved from time to time.

 ANNEXURE – G

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding is entered into …..day of……………………..

BETWEEN

Central Coalfields Limited (herein referred to as ‘CCL’ which expression shall

,unless excluded or repugnant to the context or meaning thereof mean and
include its successors in interest and assigns ) assigns of the ONE PART.

AND

……………………………., having its registered office at

……………………………………. (herein referred to as ‘....................’ which
expression shall, unless excluded or repugnant to the context or meaning thereof
mean and include its successors in interest and assigns) of the OTHER PART.

CCL & .................... may be referred to individually as ‘Party’ and collectively as

’Parties’ wherever the context so requires.

Whereas ‘…………………..’ have agreed to undertake the work of DEVELOPMENT

OF ECO-PARKS AT (NINE) DIFFERENT AREAS OF CCL for ‘CCL’ on Project
Management Consultant (PMC) basis.

Now, therefore it is agreed between the Parties that:

1. Assigning of Work by CCL’ to ‘………………..:

1.1 CCL will provide all relevant available documents related to Land, Site
Details, functional and space requirements Layout Plans etc for
facilitating Project Execution by ‘………………………..’
1.2 ………………….. shall appoint, if any, competent Architectural and
Engineering (A & E) Consultant commensurate with size and nature of
the work after following due process.
2. Approval of Preliminary Project Report (PPR) & Detailed Project Report (DPR)/
Preliminary Estimate (PE)
2.1 Preliminary Project Report (PPR) shall be prepared by ‘Project
Management Consultant’ based on functional & space requirements as
intimated by ‘CCL’ and submitted to ‘CCL’ for its approval.
2.2 Based on approved PPR, ‘Project Management Consultant’ shall
prepare Detailed Project Report (DPR)/ Preliminary Estimate (PE)
consistent with their norms & standards, containing Milestones and
 commensurate activities to be accomplished against each Milestone &
Baseline Programme in the form of CPM Network depicting clearly Dates
of Start and Completion of the work and submit it to ‘CCL’ along with all
relevant input information, documents and Drawings etc. for approval of
‘CCL’, within 8 (eight) weeks of receipt of approval for PPR. ‘Project
Management Consultant’ shall use C.P.W.D. Analysis of Rates for Delhi
(DSR) for framing the DPR/ PE. Non - DSR Items shall be incorporated in
the Detailed Estimates only when these are not either readily available in
DSR. Detailed reasons and justifications for including Non-DSR Items shall
have to be furnished by ‘Project Management Consultant’. CCL shall
accord approval to DPR/ PE containing Milestones and commensurate
activities to be accomplished against each Milestone & Baseline
Programme in the form of CPM Network and issue Administrative
Approval (A/A) &. Expenditure Sanction (E/S) in about 8 (eight) weeks of
its submission by ‘Project Management Consultant’.
2.3 On receipt of the A/A and E/S, the ‘Project Management Consultant’
shall prepare and accord Technical Sanction (TS) to detailed and
coordinated design of all the Architectural, Civil, Electrical, Mechanical,
Horticulture and any other services included in the scope of the sanction
and of the Detailed Cost Estimates containing the detailed
specifications and quantities of various items prepared on the basis of
the schedule of rates maintained by CPWD or other Public Works
Organizations.

3. Release of Funds, Payment of Bills

3.1 ‘Project Management Consultant’ has agreed to charge
……………………….. for carrying out the assigned Work.
3.2 CCL shall release Initial Deposit of 10% of the approved preliminary
estimate amount to ‘Project Management Consultant’ on submission of
Corporate Guarantee as initial advance which shall be deposited by the
PMC in a Flexi Bank Account.
3.3 The expenditure incurred thereafter towards carrying out the works of
the projects shall be adjusted from the initial advance. When 80% of the
initial advance is utilized, the PMC shall submit the utilization certificate.
Further advance as per utilization certificate will be paid / released to
the PMC to make total advance 10% of the approved Detailed Project
Report (DPR) cost. The procedure of release of fund shall be repeated
whenever 80% of the total advance paid to the PMC is utilized and
utilization certificate is submitted by the PMC.
The utilization certificate should be supported by authenticated
documents including statement of priced quantities executed and
payments made to the various persons / parties including contractors /
sub-contractors / agencies / vendors engaged by the PMC for the
project cost (excluding GST) plus the proportionate service charges due
 to the PMC for the part of work executed by them. Agency charges shall
not be paid on GST rather on actual cost of the work. GST on actual cost
of the work will be payable extra. While submitting utilization certificate,
‘Project Management Consultant’ will also submit a comprehensive
report on progress of physical completion of various activities and
Milestones vis-a-vis earlier planned activities/ Milestones for the overall
completion of the specific work mutually decided between CCL &
‘Project Management Consultant’ for enabling CCL to keep effective
check on utilization of fund as well as physical progress of the work.
3.4 The fund subsequent to Initial Deposits shall be released by CCL to
‘Project Management Consultant’ within 4 (four) weeks of submission of
request by ‘Project Management Consultant’ along with all documents
as described in Clause - c above. As per the monitoring of physical and
financial progress indicators, CCL will take necessary steps for
recoupment of the monthly expenditure incurred on the basis of the
Fund Utilization Certificate.
3.5 If any fund requirement is specifically made by ‘Project Management
Consultant’ after the work has been assigned to ‘Project Management
Consultant’ for undertaking pre-construction activities related to the
Project Execution etc., the same shall be released by CCL within 2 (two)
weeks of such specific demand provided the amount is within ceiling
limit of Rs 25 (twenty-five) lakh. The amount so released to ‘Project
Management Consultant’ shall he adjusted from Initial Deposit amount.
3.6 ‘Project Management Consultant’ shall intimate CCL about any excess
expenditure likely to be incurred over and above the approved
Projected Cost and also about possibility of time overruns, as soon as it
comes to the knowledge along with reasons and justifications thereof for
necessary approvals from CCL before continuing/ incurring the extra/
additional expenditure.
3.7 The ‘Project Management Consultant’ shall be responsible for certifying
and making payment of Bills of the Contractors/ Agencies engaged by
them and make available Final Statement of Accounts in Standard
Format to CCL & also provide copies of Final Bills for all Contract
Packages and other expenditure incurred related to Project
Construction after the Completion of the Work. In addition, should CCL
ask for any other details from ‘Project Management Consultant’
regarding Utilization of Fund at any stage, Detailed Estimates, Technical
Sanctions, Award of Works, Running Bills etc., the same shall be provided
by ‘Project Management Consultant’ readily.
3.8 The CCL shall settle compensation/ levies, if so required to be paid
based on recommendation by ‘Project Management Consultant’
related to the Project works, under Workmen’s Compensation Act or any
other Act or Law of the Central or the State Government.
4. Execution of Work
4.1 The ‘Project Management Consultant’ shall obtain necessary Statutory
Approvals/ Permission/ Clearances/ Certificates from the concerned
Local Bodies & Statutory Authorities like District Authorities, Municipal
Corporation, Panchayati Raj Institutions, Town Planning Board, Electricity
Board/ Fire Department, State/ Central Pollution Control Boards, Stale/
Central Environmental Authorities, Forrest and Wild-life authorities etc (for
e.g. removal of trees, re-locating utilities; conversion of railway level
crossings, laying of railway sidings needed by the work; rehabilitation
and resettlement of persons affected by the work; traffic control; mining
of earth and stone; interfering protected monuments; blasting
permission, environmental/ forest/ wild-life clearances; and shifting of
religious shrines etc) to start the work have been obtained. CCL shall be
responsible for providing all assistance to ‘Project Management
Consultant’ in this process.
4.2 Works shall not be awarded by ‘Project Management Consultant’ to
contractors till all statutory approvals/ certificates/ permissions required
for taking up the work, are in place.
4.3 CCL shall make the work site available free from encumbrances to
‘Project Management Consultant’. CCL shall also ensure Availability of
auxiliary services - like roads, power, water, solid & liquid waste disposal
system, street lighting and other civic services. ‘Project Management
Consultant’ shall provide necessary support in this process.
4.4 ‘Project Management Consultant’ shall permit CCL to inspect or monitor
the works, either itself or through Third party as and when it desires for
assessing actual progress and quality of construction and any other
aspects.
4.5 CCL shall provide security clearance and ensure free access for ‘Project
Management Consultant’ staff/ Employees and their workers working at
Work site in case these are required. ‘Project Management Consultant’
shall provide necessary support in this process.
4.6 ‘Project Management Consultant’ shall ensure adequate availability of
men & material by their contractors.
4.7 ‘Project Management Consultant’ shall ensure that it’s Contractor(s)
implement required Health, Safety & Environmental (HSE) practices at
the Construction Sites and they also comply with all statutory obligations
related to workmen deployed at the Construction Site. ‘Project
Management Consultant’ will act as Principal Employer in respect of all
Statutory Obligations related to workmen deployed at the site in
execution of the work.
4.8 CCL shall permit and facilitate to the ‘Project Management consultant’
all utilities required for construction e.g. drawl of Ground Water,
obtaining electricity connection, putting up Labour Camps/ Huts inside
the available space for facilitating construction by contractors engaged
 by ‘Project Management Consultant’. ‘Project Management Consultant’
shall provide necessary support in obtaining permission, if any, of Local
Bodies in this regard. The cost in this regard borne by CCL, if any, should
not be duplicated as reimbursement by the ‘Project Management
Consultant’.
4.9 As soon as the work is allocated, ‘Project Management Consultant’ shall
prepare and submit to CCL an Integrated Programme Chart for the
execution of work showing clearly all activities from the start of work to
completion with details of manpower and other input information
required for the fulfilment of the timelines given therein. ‘Project
Management Consultant’ will intimate CCL, Project Team, both on - site
and off-site, starting from Chief Engineer to Junior Engineer associated
with execution of the work. The Programme Chart should inter-alia
include descriptive note explaining sequence of the various activities,
CPM Network Milestones etc. This will form Base Line Programme and the
subsequent progress of the work shall be reviewed with reference to this
during periodic Progress Review Meeting preferably monthly. Any
increase in time period from the Base Line Value shall be construed as
Time Overrun
4.10 ‘Project Management Consultant’ shall be responsible for providing
Physical Progress Reports to CCL in the form of CPM (Critical Path
Method) Network on monthly basis for reviewing of the progress of the
work vis - a vis Base Line Programme and taking all necessary remedial
actions, after taking into account CCL observations made in respect of
quality and progress of the work during the monthly/ periodic Project
Review Meetings. To ensure timely completion of work as per mutually
agreed time-schedule/ milestones and within agreed Cost.
4.11 ‘Project Management Consultant’ shall also be responsible for providing
to CCL Financial Progress Reports of the project and up to date
Expenditure incurred on the work on monthly basis along with Certificate
of Utilization of Fund against Fund earlier released to ‘Project
Management Consultant’ by CCL.
4.12 ‘Project Management Consultant’ shall be responsible for total Project
Management including day-to-day supervision of works, maintenance of
all project records and executing the works as per prescribed guidelines,
their own Works Manual, Codes, Books of Specifications etc and also in
accordance with relevant and extant provisions of General Financial
Rules (GFR), 2017.
5. Project Management, Cost and Time Control
5.1 ‘Project Management Consultant’ shall implement a system of ‘Project
Team Concept’ with dedicated group of Engineers under single and
unified command for implementation of projects from concept to
completion and call composite tenders to reduce the number of
 packages for better management. ‘Project Management Consultant’
shall be obliged to adopt all the above said measures to successful
completion of the works within Approved Cost and agreed Time period.
5.2 ‘Project Management Consultant’ shall be responsible for managing the
Project from concept to commissioning effectively and efficiently to
ensure desired/ proportionate pace of progress and completion of work
is achieved progressively vis-à-vis approved Plans & Specifications and in
Terms and Conditions of the MOUs and mutually agreed milestones and
timelines and approved cost, taking with due diligence all required pro-
active remedial measures including provision of stringent and elaborate
enforceable Clauses to this effect and also making time as the essence
of contract in the Bid and Contract Documents. ‘Project Management
Consultant’ shall provide for clauses in the contract and established
procedure to recover liquidated damages from their contractors/
agencies. The liquidated damages recovered from the contractors for
delay, if any, shall be credited to CCL in the project accounts.
5.3 The approved Initial Project Cost & Timeline should not exceed during
execution of the Project except for reasons like increase in cost index
during construction period, revised specifications or extra work over
approved estimate carried out at the request of CCL etc. In case of
either increase in earlier approved cost or timeline, detailed reasons and
justifications, based on verifiable facts and figures, shall have to be
provided by ‘Project Management Consultant’ along with
comprehensive proposals for revision in earlier approved Project Cost &
Timeline, which shall be intensively examined by CCL in consultation with
‘Project Management Consultant’ before approval is accorded to their
proposals. No additional expenditure over and above the earlier
approved Project Cost shall be incurred by ‘Project Management
Consultant’ without prior approval of CCL. Upward Revisions in either
Cost or Timeline should be an exception rather than a rule and for
achieving this objective, all required efforts shall be made by ‘Project
Management Consultant’
5.4 At any time, it appears to ‘CCL that the actual progress of the work does
not conform to the approved programme referred above and intimated
to ‘Project Management Consultant’ by ‘CCL, detailed reasons and
justifications for such delays shall have to be provided by ‘Project
Management Consultant’, which shall be examined by CCL to re-
Schedule the Programme, if any. Progress Review Meetings preferably
monthly shall be held between ‘Project Management Consultant’ and
CCL for reviewing the progress of works based on Baseline Programme/
Milestones etc. and also for resolving co-ordination issues, if any including
fixing priority of some works, facilities and services for their early
completion and handing over to CCL for putting item to use for
 intended purpose. A&E Consultants may also participate. ‘Project
Management Consultant’ will also designate a nodal officer in respect
of specific work for coordinating with CCL and A & E Consultant. Such
designated nodal officer shall be suitably empowered and authorized to
lake decisions in work related issues so that delays are minimized for
achieving timely completion of work.

6. Disputes, Enquiries and Queries

6.1 ‘Project Management Consultant’ shall be responsible for observing due
diligence and adopting all possible measures at various stages of work
execution so as to avoid Arbitration/ Litigation end other hindrances
and the work is completed within optimum cost and time in hassle free
environment.
6.2 ‘Project Management Consultant’ shall be responsible for defending all
Arbitration and Court Cases arising out of execution till the works end
examining the Arbitration Award/ Decree of Court or Law/ liability by
appropriate authority in ‘Project Management Consultant’ and
forwarding the same along with a comprehensive report on the
circumstance leading to the Arbitration/ Court Cases and the reasons
and justification as to why an appeal against such awards/ decree was
not considered necessary briefing out inter-alia details of the award and
clear cut recommendations The decision of the competent authority in
‘Project Management Consultant’ to accept The award or challenge
the same in a Court of Law will be binding on the ‘Procuring Entity’.
6.3 CCL shall settle and pay the final claims which may be decreed by a
Court of Law, Tribunal or by award of an Arbitration in relation-to the-
deposit work, based on recommendations of ‘Project Management
Consultant’.
6.4 ‘Project Management Consultant’ shall be responsible for redressing
and complying with the observations of CTE/ CVC, Auditors, Statutory
Authorities, Local Bodies, Municipal Corporation etc. pertaining to the
work under intimation to CCL. Providing all work related information
promptly to CCL for replying to Parliament Questions, queries from
various Constitutional & Statutory Authorities.

Annexure 8
7. Completion and Handing-over of Completed Work and Facilities
7.1 ‘Project Management Consultant’ shall obtain work Completion/
Occupancy Certificates & Clearances for completed Work and Facilities
before handing over the same to CCL for putting them to functional use.
CCL shall provide all assistance in this process.
7.2 ‘Project Management Consultant’ shall hand over to CCL or its
Authorized Representative completed Work including all Services and
Facilities constructed in accordance with the Approved Plans,
 Specifications fulfilling all techno-functional requirements agreed with
CCL along with Inventory, As built - Drawings, Maintenance Manual/
Standard Operating Procedure ( SOP) for Equipments and Plants, all
clearances /Certificates from Statutory Authorities, Local Bodies etc.
7.3 On completion of the work, a Project Completion Report (PCR) shall be
submitted by ‘Project Management Consultant’ duly bringing out the
Final Project Completion Cost, Total Time period taken to complete the
work and also completed Project Components as against the approved
Cost, Time and Project Components. The PCR shall be submitted along
with Final Project Accounts including return of unspent balance amount
to CCL within one month of settlement of final bills of the contractors/
other agencies deployed on the work by ‘Project Management
Consultant’.
8. Termination of MoU
8.1 If CCL decides to terminate this MOU or decides to drop/ abandon the
work after substantial preliminary work has been done by ‘Project
Management Consultant’ on the work, both ‘Project Management
Consultant’ and CCL shall mutually decide the loss incurred by ‘Project
Management Consultant’ for payment by the latter to the former. In
case of abandonment of project/ work by CCL during construction
stage, ‘CCL shall pay to ‘Project Management Consultant’, after
determining the value of the works, goods and contractors documents
and any other sums clue to them for work executed in accordance with
the MOU, to help liquidate only such liabilities as were squarely needed
towards construction/ consultant agencies engaged on the work, in a
fair and reasonable manner.
9. Miscellaneous
9.1 Disputes between CCL and ‘Project Management Consultants’: As
dispute resolution mechanism for implementation of the provisions of this
MoU, at the first instance the issues involved shall be brought before
General Manager (Civil)/HoD of CCL and concerned Representative of
‘Project Management Consultant’ for their resolution. In case, however,
disputes/ differences between the parties do not get resolved, the
matter shall be escalated to higher level in CCL, and ‘Project
Management Consultant’, who shall be above the level of CE in the
respective organizations. They shall submit a comprehensive report and
recommendation to CCL and ‘Project Management Consultant’ for
facilitating final decision in the matter.
9.2 Individual and joint responsibilities of the Parties shall be as per clauses
mentioned above.
9.3 No amendment in Terms & Conditions of the MoU shall be valid and
effective unless it is in writing and duly signed by authorised
representatives of CCL and ‘Project Management Consultant’. Each
 party shall give due consideration to any proposal for amendment/
modification made by other party with proper justifications thereof.
9.4 Provisions, if any, made in respect of deposit works in ‘Project
Management Consultant’s Works Manual or Codes shall stand modified
to the extent of the stipulations made in this MoU for execution of CCL
works by ‘Project Management Consultant’.

Signatures and Witnesses

Date: ..........................
Place: ..........................