Specification Tender No 2223000833

Disposal Department/MM
NLC India Limited, Neyveli

Tender No. NLCIL/GM/DISPOSAL/SA/PTE/2022-23/2023, Dt.09-01-2023 Econts No. -----------------
NLC INDIA LIMITED

(“Navratna” – A Government of India Enterprise)
Block – 27, NEYVELI – 607 803, Cuddalore Dist. Tamil Nadu, INDIA.
OFFICE OF THE CHIEF GENERAL MANAGER / DISPOSAL
MM COMPLEX
PRESS TENDER ENQUIRY

Through e-Tender and e-Reverse auction
Tender No. NLCIL/GM/DISPOSAL/SA/PTE/2022-23/2023, Dt.10-01-2023

Date & Time of Opening : 10-02-2023 at 15.00 Hrs. (IST)
TENDER
FOR
Providing e-Portal Service for conducting e-Tender cum e-Auction for sale of
Scrap materials including Hazardous waste materials received from various
Units of NLC INDIA LIMITED including its subsidiaries, undertaking, joint
venture, situated anywhere in India, for a Period of Two Years (24 months)
from the Date of LOA.
Phone: 0091-4142-257034
E-Mail: gm.disposal@nlcindia.in Web Site: www.nlcindia.in
REGISTERED OFFICE
135, EVR Periyar High Road,
Kilpauk,
Chennai – 600 010.
CORPORATE OFFICE
BLOCK-1, NEYVELI-607 801.
This Document has been digitally signed.

INDEX
Sl.
Details Page No.
No
SECTION – A
1. Notice Inviting Bids 05
SECTION – B
2. Qualifying Requirements 07
SECTION – C
Instruction to Bidders for submission of online Bids
through 08
e-Tender and e-reverse auction.
1. Pre requisites for accessing NLCIL Website 09
2. Enrolment 10
3. Payment of Tender Fee 10
4. Bidding process 11
5. Process of e-tender 12
6. Bidding in e-Tender & Reverse Auction 13
7. Bidders to quote their competitive offer 13
SECTION - D
Invitation to Bid
1. Invitation 15
2. About NLCIL 15
3. Approach to NLCIL 16
4. EMD 16
5. Scope of Work 16
6. Tender Documents 18
7. Bid Submission and Opening 18
8. General 21
9. Effect and validity of Bid 22
10. Latest hour for receipt of Bids 22
11. Single Bidder Responsibility 22
12. No claim for compensation for submission of Bid 22
13. Policy of Bids under consideration 22
14. NLCIL‟s Right to accept Bid 23
15. Deputation of Representatives for discussion 23
16. Award Criteria 23
17. Integrity Pact Programme 23
18. Conditions of Contract 24
Section - E
Specimen of formats
Annexure- A - Schedule of Prices – General Instructions to 26
Bidders.
Annexure- B - Reverse Auction 27

Annexure- C – Affidavit 31
Annexure- D -Check list for compliance of Important Tender
32
conditions
Annexure- E - Format of Contract Performance Bank Guarantee 34
Annexure- F - Integrity Pact 38
Annexure- G- Format of Contract Agreement 44
SECTION - F
Commercial Conditions of Contract
Sl. Description Page No.
No.
01. Scope of work 47
02. Bank Guarantee - General 47
03. Bank Guarantee for Faithful performance of Contract 47
04. Payment Terms 47
05. Submission of Bills for Service charges 48
06. Direct taxes 48
07. Tax Deduction at Source (TDS) 48
08. Enforcement of Terms 49
09. Contractor‟s Default 49
10. Suspension of Work 49
11. Short closure 50
12. Termination of Contract 50
13. Deductions from Contract Price 50
14. Amendment 51
15. Notices 51
16. Penal Actions 51
17. Resolution of Disputes and Arbitration 52
18. Completeness of the Contract 55
19. Grafts and Commission 55
Certificate not to Affect Right to Purchaser and Liability of
20. 55
Contractor
21. Insolvency, Liquidation and Bankruptcy Etc. 55
22. Power to Vary or Omit 56
23. Defence of Suit 57
24. Contract Documents 57
25. Manner of Execution of Contract 57
26. Jurisdiction 58
27. Governing Laws and Regulations 58

SECTION - G
TECHNICAL AND SPECIAL CONDITIONS OF CONTRACT
No.
01. Scope of work and Special Conditions 60
02. System Requirements of tenderer (E-Portal Provider) 62
ON-LINE FORMS

No
I Qualification Requirement Form
01 Qualification Requirement Form 64
02 Important Tender Documents 65
II Technical Forms
01 Technical Form 66
02 System Requirement Form 67
03 Techno-Commercial Conditions Form 67
III Commercial Forms
01 PAN & GST Details 68
02 E-Payment details 69
03 Rate of GST 70
04 Schedule of Prices 70

SECTION – A
NLC INDIA LIMITED
OFFICE OF THE CHIEF GENERAL MANAGER / DISPOSAL

MM COMPLEX, NEYVELI 607 807
PRESS TENDER ENQUIRY
(Through e-tender and e-reverse auction)
1. NOTICE INVITING BIDS

Bids are invited for the following:
Sl.
Tender Ref. No Contract Description
No.
Providing e-Portal Service for conducting e-
Tender cum e-Auction for sale of Scrap
NLCIL/GM/DISPOSAL/SA/PTE/
materials including Hazardous waste
1 2022-23/2023,
materials for a Period of Two Years (24
Dt: 10-01-2023
months) from the Date of LOA.
2 Cost of Tender Document Rs. 2,000/-
3 EMD Amount Rs. 3,90,000/-

Last Date and Time for Receipt
4 10-02-2023 up to 14.30 IST.
of Physical Covers
Date and Time of Tender
5 10-02-2023 at 15.00 IST
Opening
Two Years (24 Months) from the date of
6 Time Schedule
LOA.
For tender documents/details, please visit “Tenders” menu in NLCIL website

www.nlcindia.in/CPPPortal/procure.nlcindia.in on or after11-01-2023.
-Sd-
GENERAL MANAGER
DISPOSAL DEPARTMENT

SECTION - B
QUALIFYING REQUIREMENTS

SECTION - B
QUALIFYING REQUIREMENTS:
For Sale of Scraps and Hazardous Wastes:
PQR
PQR Description
No.
The bidder should be in the line of conducting e-Tender-cum-e-
auction with their own e-Portal for the sale of Scrap materials,
(1)
Hazardous waste materials for the last TWO years prior to the original
scheduled date of tender opening.
The bidder should have successfully completed e-Tender-cum-e-
auction for the disposal of scraps including Hazardous waste
materials with their own e-Portal for a minimum service charge value
(2) of Rs.38.70 Lakhs including GST during the last two years period in
single/two/three contract(s)/agreement(s) to any Govt/PSU/Quasi
Govt/Public Limited Companies as on original scheduled date of
tender opening
The bidder should have vendor base for the sale of Scrap materials
(3) and hazardous waste materials with at least 5 vendors of scrap and at
least 5 vendors of hazardous waste materials.
The system of the Service Provider (bidders) should be able to
(4) accommodate the buyer to go for e-Tendering along with or without
participation in e-Auction.
The e-auction software and technology offered by the e-portal service
provider (bidders) should be certified software (renewed up to date)
(5)
from STQC, Department of Information Technology, and Government
of India.
Documentary evidences to be furnished along with the Bid. The bidder

should furnish the following:
For PQR-1: Documentary evidences in the form of Company
(a)
Registration Certificate / License /any other relevant documents.
For PQR-2: Documentary evidences in the form of copies of
Agreement/Letter of Awards, (LOA‟s) and also proof for having
(b) executed the order for the value in PQR 2, like completion certificate
issued by the customer etc, shall be furnished along with the bid to
satisfy the PQR.
For PQR-3: The bidders shall furnish a self-attested list of vendors
registered with them for purchase of at least 5 vendors of scrap and at
(c)
least 5 vendors of hazardous waste materials with their Authorisation
details of Pollution Control Board.
For PQR-4: The bidders shall furnish documentary evidences in the
(d) form of copies of Bid History shall be furnished along with the bid to
satisfy the PQR.
For PQR-5: The bidders shall furnish copy of the valid STQC
(e)
Certificate along with the bid to satisfy the PQR.
Note: If the bidder has previously carried out e-Tender-cum-e-auction
of scrap and Hazardous waste for NLCIL, the bidder has to mention
the agreement number and the amount of service charge claimed in
the agreement meeting the PQR conditions and the bidder will be
qualified on PQR basis, based on the past performance with NLCIL.

SECTION – C
INSTRUCTION TO BIDDERS FOR SUBMISSION OF ONLINE BIDS

THROUGH
e-TENDER and e-REVERSE AUCTION

SECTION – C
INSTRUCTION TO BIDDERS FOR SUBMISSION OF ONLINE BIDS THROUGH

REVERSE AUCTION
Bidders are requested to read the terms & conditions of this tender before submitting
their online bids. In this document the terms “bidders” and “Bidders” mean the one
and same.
1.0 Pre requisites for accessing NLCIL Website
A. Software Requirements
All bids, including all attachments / enclosures shall be prepared in

English language only and submit online in the NeAT portal
https://procure.nlcindia.in
Bidders are requested to read the terms & conditions of this tender before
submitting their online bids. In this document the terms "bidders",
"Bidders" and "Tenderers” mean one and the same. Also, in this document
the terms "Notice Inviting Bid" (NIB) and "Notice Inviting Tender" (NIT) mean
one and the same. Similarly, "Earnest Money Deposit" (EMD), Bid Security
and "Bid Guarantee" mean one and the same. Again "Tender fee" and "Cost
of tender document" mean one and the same.
Operating system: Windows 7 & above.
Web browser: Google Chrome or Firefox or Edge or Internet Explorer 11 or

above.
* Java JRE: JRE 1.8 or above.
* PDF reader: Adobe Acrobat Reader 8 or above.
For Software /System Requirements, Bidders may also refer to NeAT

portal https://procure.nlcindia.in
B. Digital Certificate:
Bidder should have a legally valid CLASS III Digital Certificate.

(i) Digital Signature, non-repudiation certificate (used for Signing) and
(ii) Key Encipherment Certificate (used for encrypting Bid Document)
with Organisation name from any of the licensed Certifying Authorities
(CA) operating under the Root Certifying Authority of India (RCAI)/
Controller of Certifying Authorities(CCA) of India.
Bidders shall ensure that all necessary trust certificates and drivers are
installed as per CA's instruction and working properly. For detailed
guidance about browser and Java configuration the bidders are advised
to go through the guide available in the NeAT portal
https://procure.nlcindia.in

2.0 Enrolment:
Bidders interested to participate in the tender are required to complete
the enrolment process at NeAT portal https://procure.nlcindia.in to
create their account / user id and password, if not done already.
However, Bidders who have already enrolled/registered in NLCIL e-

Contracts website (https://econts.nlcindia.in) need not enroll in
NeAT portal https://procure.nlcindia.in and they can directly login
with their e-Contracts user id and password in NeAT portal
https://procure.nlcindia.in.
Bidder(s) having a valid NeAT account with user id and password can
only submit his/their bids online electronically. Bidders are required to
make their own arrangement for bidding from a computer connected
with Internet. NLCIL shall not be responsible for making such
arrangements.
2.1 After the Tender fee payment and successful registration, the bidder can
login with their user ID, password & DSC and participate in the e-Tender.
Tender fee is non-refundable.
(a) Bidder cannot submit any offer after the due date and time stipulated in the
NIB.
(b) All bids submitted by Bidder can be viewed by clicking on the link
"Submitted bids" provided in the left menu of the corresponding Bidder's
home page.
(c) All notices and correspondence to the bidder(s) shall be sent by email
message only during the process till finalisation of tender. Hence the
bidders are required to ensure that their email address provided at the time
of registration is valid and updated. Non receipt of email will not entitle any
bidder to lodge any claim and no complaint in this regard shall be
entertained. Bidders are also requested to ensure validity of their DSC
(Digital Signature Certificate).
(d) Bidders are advised to visit the portal https://procure.nlcindia.in regularly
to remain updated with latest information to ensure that they do not miss
out any corrigendum/ addendum uploaded against the said e-tender, after
downloading the e-tender document or after submitting the online Bid. The
responsibility of downloading the related corrigendum, if any, will be that of
the bidders.
(e) Also, the bidders are required to submit their bid again, in case of
corrigendum, as the already submitted bid will be automatically moved to
saved bids, after hosting the corrigendum
3.0 Payment of Tender Fee

The payment towards Tender fee is to be remitted in favour of NLC India
Limited by NEFT/RTGS or e-payment to the following NLCIL‟s bank account.
Bank Details State Bank of India

Address Block-2, Neyveli
NLCIL, Account Details 10895129088
Beneficiary Name NLC India Limited
IFS Code SBIN0000958
10

Tender fee will be deemed to have been submitted by the bidder if and only if
the same is received (credited) in the above bank account within the stipulated
time. Cash payments will not be accepted.
With regard to submission of Bid Security Declaration, please refer to the
Section– D - “Invitation to Bid” of Tender Document.
4.0 Bidding Process
The entire bidding process is divided into Two Stages i e. Stage-I and Stage-II.
Stage-I bidding will be through e-Tender and Stage-II bidding will be through
e-reverse auction.
Bidders should note that the Bidding will be done separately and evaluation
also will be done separately.
Stage-I, e-Tender
 Preparation of Bid
The Bidder will be able to prepare his Pre Qualifications Bid, TECHNICAL BID,
COMMERCIAL BID and Initial PRICE BID online using the respective forms.
For Guidelines please refer to the help in the Portal.
Bidder can edit and save his offer any number of times till closing time of the
bid. However, once he submits his bid he will not be able to edit it.
If Bidder wants to edit his submitted bid, then he has to first delete his
submitted bid and then edit his bid and resubmit. Only submitted bids will be
considered for evaluation. Any saved bids that are not submitted will be
deleted by the system after the due date of opening.
Bidder can attach files containing company profile details, scanned copies of
documentary evidence etc., which are required for the enquiry. The documents
attached should be in PDF format.
File Size: 5MB is the maximum size of a single file that can be attached.
e-Bid Submission and Signing
Submission of e-bids online is a two-step process. In the first step, the Techno
Commercial bid and Initial Price Bid have to be filled and submitted. In the
second step, these bids have to be digitally signed using Bidder‟s Digital
Signature Certificate.
 Bidder cannot submit any bid after the due date and time stipulated in the e-
Tender.
All bids submitted by Bidder can be viewed by clicking on the link “Submitted
bids” provided in the left menu of the corresponding Bidder's home page.
All notices and correspondence to the bidder(s) shall be sent by email message
only during the process till finalization of tender. Hence the bidders are
required to ensure that their email address provided at the time of registration
is valid and updated. Non receipt of email will not entitle any bidder to lodge
any claim and no complaint in this regard shall be entertained. Bidders are
also requested to ensure validity of their DSC (Digital Signature Certificate).
Bidders are advised to see the web site regularly to remain updated with latest
information to ensure that they do not miss out any corrigendum / addendum
uploaded against the said e-tender after downloading the e-tender document.
11

The responsibility of downloading the related corrigendum, if any, will be that

of the bidders.
5.0 Process of e-Tender:
Cover-I: The bidders shall submit.
i) (a) The details of payment of Cost of Tender Document.
(b) EMD payment details.
(c) PQR Documents.
(d) Affidavit. (Apart from submission of Affidavit in Cover-1, the bidders shall
submit Digitally Signed Affidavit as per the format in Annexure-C, while
submitting their Online bid).
(e) Integrity Pact.
(f) Techno-Commercial offer.
Note: The price should not be revealed at any place in Cover-1.
Cover-II: Prices to be quoted in Cover-II
ii) Cover-I Shall be opened on the scheduled date of tender opening. The
offers/bids of the bidders who satisfy the conditions of:
(a) The details of payment of Cost of Tender Document.

(b) EMD payment details
(c) Affidavit and
(d) Integrity Pact
shall be considered for evaluation on PQR aspects.
In this regard, a CHECK LIST (format enclosed as in Annexure-D) to be filled

up and submitted by the bidder in the Cover I of Offer for the e- Tender cum e-
Auction of Scraps & Hazardous waste.
iii) The bidders who qualify in PQR conditions alone shall be considered for
further evaluation on Techno-commercial aspects in each category.
iv) The b i d d e r s w h o g e t q u a l i f i e d o n t e c h n o -commercial a s p e c t s i n

t h e r e s p e c t i v e c a t e g o r y s h a l l a l o n e be considered for price cover
opening (Cover-II).
v) The price offers/bids of the shortlisted bidders shall be opened and the
bidders will be ranked as R1, R2, R3, starting from the lowest offered price
and increasing in the ascending order. For evaluation purpose price quoted in
Schedule of price form alone shall be taken into consideration.
vi) Reverse auction shall be conducted among the qualified bidders. The
procedure of RA is given in Annexure-B.
vii) The contract will be awarded to the L1bidder (RL1) of reverse auction. The date
of Online opening of price bid will be intimated to the qualified bidders.
12

viii) Based on the price ranking, the end user verification/confirmation of the PQR
Documents submitted by bidder, who offered the lowest price in the reverse
auction (RL1 bidder) or the R1 bidder (in case of no RA/non participation in
RA/no reduction in RA) shall be carried out.
ix) In case, the documents of the bidder who offered lowest price (RL1/R1) are
found to be false/incorrect, the next lowest bidder‟s offer in their order of
price ranking, will be verified till a successful bidder is identified.
x) During the above said evaluation process, in case, the documents of the
bidder(s) are found to be false/incorrect, then the bid(s) of such bidder(s)
shall be rejected, besides banning of such bidder(s) for a specific period as
per the clause14.0 and 16.0
6.0 Bidding in e-Tender & Reverse auction
a. In all cases, bidder should use their own ID and Password along with
Digital Signature at the time of submission of their bid.
b. The e-tender floor shall remain open from the pre-announced date & time
and for as much duration as mentioned above.
c. All electronic bids submitted during the e-tender and e-reverse auction
process shall be legally binding on the bidder. Any bid will be considered as
the valid bid offered by that bidder and acceptance of the same by the
Purchaser will form a binding contract between Purchaser and the Bidder
for execution of work.
d. It is mandatory that all the bids are submitted with digital signature
certificate otherwise the same will not be accepted by the system.
e. NLCIL reserves the right to cancel or reject or accept or withdraw or extend
this bidding process (e-tender and e-reverse auction) in full or part as the
case may be without assigning any reason thereof.
f. The server time shall be treated as final and binding. Bids recorded in the
server before the bid closing time will only be treated as valid bid. Bidders
are, therefore, advised to submit their bids well before the closing time of e-
tender / e-reverse auction. If any bid reaches the server after the bid
closing time as per server time, the same will not be recorded and no
complaint in this regard shall be entertained.
g. Bidders are advised to exercise caution in quoting their bids in e-tender
and e-reverse auction to avoid any mistake. Bids once submitted can‟t be
recalled in e-reverse auction.
h. Any order resulting from this bidding process shall be governed by the
terms and conditions mentioned in the NIB and Tender Documents.
7.0 Bidders are advised to quote the most competitive price in the initial
bid as well as in the e-Reverse Auction (RA), wherever applicable, since
there will not be post tendering negotiations with L1 Bidder under any
circumstances.
13

SECTION – D
INVITATION TO BID
14

SECTION – D
INVITATION TO BID
1.0 INVITATION:
NLC India Limited, Neyveli a Government of India Enterprise registered under
Indian Companies Act 1956 hereinafter referred to as “NLCIL” invites online
bids for “The e-Portal Service Provider, should conduct e-tender cum e-auction
for sale of Iron, Steel (ferrous) and non-ferrous Scraps including rejected/
condemned/ obsolete/ secondary arising as well as surplus obsolete store,
equipment, miscellaneous articles and Hazardous waste materials and other
materials of all units of NLC India Limited including its subsidiaries,
undertaking, joint venture, situated anywhere in India”.
2.0 ABOUT NLCIL
The NLC INDIA LIMITED (formerly Neyveli Lignite Corporation Limited) is a

Navratna, Government of India enterprise registered under the Indian
Companies Act 1956, engaged in mining of lignite and power generation in
Neyveli, Tamilnadu State and Barsingsar, Rajasthan State in India. NLC is a
Central Government Public Sector Undertaking (PSU) functioning under the
administrative control of the Ministry of Coal. It has an integrated facility at
Neyveli with three lignite mines with combined production capacity of about
28.5 MTPA supplying lignite to four nos. of pit-head thermal power stations
having a total generating capacity of 3390 MW at Neyveli. The first thermal
power station commissioned in 1962 with a capacity of 600 MW has been
decommissioned on 30th September 2020 as it served its life of more than 60
years. The TPS-II has a capacity of 1,470 MW (7 x 210 MW), TPS-I Expansion
420 MW (2 x 210 MW), TPS-II Expansion 500 MW (2 x 250 MW) and NNTPS
1000 MW (2 x 500MW). The Capacity of Lignite based Power Station at
Barsingsar, Rajasthan is 250 MW (2x125MW) with 2.1 MTPA Lignite. The
present total power generation capacity of NLC India Ltd‟s thermal power
stations is 3640 MW including TPS at Barsingsar.
NLC India Ltd has also formed a joint venture (JV) Company with the Tamil
Nadu Electricity Board in the name of NLC Tamilnadu Power Limited (NTPL)
with 89:11 equity participation, and has commissioned 2 x 500 MW coal
based thermal power project at Tuticorin in the State of Tamil Nadu.
NLC INDIA LIMITED has also formed a joint venture (JV) company with Uttar
Pradesh Rajya Vidyut Utpadan Nigam Limited (UPRVUNL) in the name of
Neyveli Uttar Pradesh Power Limited (NUPPL) to set up a coal based
supercritical power plant with a capacity of 1980 MW (3 x 660 MW) in the
state of Uttar Pradesh at Ghatampur Tehsil with 51:49 equity participation.
NLCIL will take up implementation of Lignite based Thermal Power Station-II,
Second Expansion, consisting of two (2) supercritical units of 660 MW
capacity each, at Mudanai village (near Neyveli), Cuddalore District, Tamil
Nadu.
NLC India Ltd also ventured into renewable energy sector and executed 140
MW (1 x 10 MW and 2 x 65 MW) Solar power plant in Neyveli, also in 1209
MW Solar (500 MW + 709 MW) various places in the state of Tamilnadu, and
20 MW in Andaman Islands. NLC India Ltd has installed 51 MW wind mills in
south of Tamilnadu. As of now the total power capacity of NLCIL is 5060 MW
15

excluding 1000 MW at NTPL. Increasing the capacity under renewable energy

sector is under progress.
3.0 APPROACH TO NLCIL

Neyveli is about 200 K.Ms South-West of Chennai (Madras) City and is situated
in the District of Cuddalore in TamilNadu, South India. Neyveli Railway Station
is on the line Cuddalore to Vridhachalam connecting Cuddalore on the main
line from Chennai to Trichy and Vridhachalam, on the chord-line from
Chennai to Trichy. It is on the State Highway connecting Vridhachalam -
Cuddalore and is about 18 K.Ms East of Vridhachalam and about 43 K.Ms of
South West of Cuddalore on the Eastern coast. The other towns around Neyveli
are Panruti, Pondicherry and Chidambaram and are connected with Neyveli by
all weather roads. Chennai City is the nearest International Airport and the
nearest major port handling large cargoes. All heavy loads get transported to
Neyveli by road from Chennai Port.
4.0 EARNEST MONEY DEPOSIT (EMD):
4.1 Earnest Money Deposit of Rs. 3,90,000/- is applicable for this Tender.
4.2 The firms registered with NSIC/covered under MSMED Act, 2006/MSME are
exempted from furnishing Cost of Tender Document, provided that such Micro
and Small Scale Units are registered under single point registration scheme of
NSIC/covered under MSMED Act, 2006/MSME and the same is valid on the
scheduled date of tender opening and the product range mentioned in the
certificate is the same or similar to our requirements.
5.0 SCOPE OF WORK:

The tenderer (Auctioneer/e-Portal Service Provider) has to carry out the
following works/services.
1) The e-Portal Service Provider, should conduct e-tender cum e-auction for
sale of Iron, Steel (ferrous) and non-ferrous Scraps including rejected/
undertaking, joint venture, situated anywhere in India.
NOTE: In e-Tender cum e-Auction (ETEA), the bidder (buyer) can Tender his
bid separately apart from participating in the e-auction also. Each bidder
can TENDER only ONE BID during the auction period. The bidder can also
participate in the auction process, if the bidder desires. The tendered
amount will not be revealed to any bidders. Also, the bidding will be
evaluated based on the high ranking of the Tender and Auction amount. The
Service Provider should have the facility for e-Tender cum e-Auction for
Scraps and Hazardous wastes.
2) Shall have a registered vendor base capable of purchasing the above
materials by participating in the e-Tender cum e-Auctions.
3) Should have their own portal without any interruption or breakdown or

conducting the e-tender cum e-auction.
16

4) NLC INDIA LIMITED shall issue a Materials List mentioning the details of
material to be sold which may contain inter alia quantity, specifications,
special terms & conditions if any etc.
5) The service provider shall prepare detailed Notice Inviting Bid (NIB),
Instruction to Bidders and evaluation criteria including instructions for e-
tendering with forward auction.
6) The tenderer (E-Portal service provider) shall adopt a bidding system with
both e-tendering cum e-auction which shall be open to all interested
bidders. The tenderer shall provide “View on only” facility to authorized
users of NLCIL on their e-web portal to view the auction during auctioning
process and after auctioning and also provision for downloading the
documents like comparative statements, bid sheets etc.,
7) The service provider shall provide soft copy /hard copy of detailed NIB and
Tender Document to NLCIL.
8) The service provider shall host detailed NIB and Tender Document including
the material particulars in their own e-portal. The service provider should
not outsource or sub-let or sub-contract any part of the work.
9) Deleted.
10) After conclusion of e-tender cum e-auction, the final highest bid shall be
identified after considering the e-tender and e-auction. Service provider shall
advise NLC INDIA LIMITED and re-process or re-tender, if necessary,
without any cost implications to NLCIL till the Lot is sold.
11) The highest bid received in the e-tender cum e-Auction (in the order of H1,
H2, H3 ….) shall be forwarded to NLC INDIA LIMITED for their acceptance.
12) To collect the Pre-bid EMD for the applicable auctions and transmit the pre-
bid EMD of the H1 bidder to NLC India Limited bank account as per norms
and return the rest to the bidders.
13) To Issue of bid sheet, bid history after close of the e-Auction through soft
and hard copy to NLCIL.
14) To issue Sale Intimation Letter to NLCIL and H1 bidder by way of soft (e-
Mail) and hard copy.
15) To collect the EMD/Initial Payment as applicable from the H1 bidders and to
remit the same to the Bank account of NLCIL Accounts Centre through
NEFT/RTGS. The EMD of unsuccessful bidders will be refunded forthwith.
For the STA Lots, retaining the EMD till approval is received from NLCIL.
16) For Hazardous waste materials, verifying the necessary validity of Statutory
Documents before allowing the bidders to participate in the auction and
intimate the successful bidders to produce the originals to NLCIL for issue of
delivery order along with attested Xerox copy of the same for NLCIL records.
17) The special terms and conditions (STC) given by NLCIL may be incorporated
along with the auctioneer‟s general terms and conditions.
17

18) To furnish a comparative statement report after every e-Auction regarding

the ongoing/prevailing market trend and sold rates for scrap materials.
19) To issue the Acceptance letter/ Sale order to the NLCIL and H1 bidder
through e-Mail and hard copy.
20) To furnish, service charge bill/invoice for successful lots and EMD forfeited
lots.
21) The tenderer‟s General Terms and Conditions (GTC) and Buyers Specific
Terms and Conditions (BSTC) for e-tender cum e-Auctions may be furnished
to NLCIL and got vetted, which may be used for all NLCIL Auctions.
22) The Auctioneer shall not sublet, transfer or assign the contract fully or any
part thereof, to any other party without the written permission of the NLCIL.
Notwithstanding any such permission to sublet the work, the Auctioneer
shall always be responsible for the due fulfilment of the contract.
23) The tenderer may have an office at southern Region preferably in Tamilnadu
to co-ordinate with NLC India Ltd and vendors.
24) The work shall be carried out as directed by the officials of Disposal Dept/
NLCIL.
25) Service Provider shall follow the CVC guidelines and statutory guidelines
during the tender process.
26) NLCIL shall not be a party to the contract between Service provider and the
Bidder.
6.0 TENDER DOCUMENTS :
6.1 Tender document consisting of

I SECTION – A : Notice Inviting Bids (NIB)
II SECTION - B : Qualifying Requirements
Instructions to Bidders for submission of
III SECTION - C : online Bids in e-tender & e-Reverse
Auction.
IV SECTION - D : Invitation to Bid
V SECTION - E : Specimen Formats
VI SECTION - F : Commercial Conditions of Contract
Technical and special conditions of
VII SECTION - G :
contract
7.0 BID SUBMISSION AND OPENING:
7.1.1 All bids, including all attachments / enclosures shall be prepared in English
language only and submit online in the NLCIL web site.
Bidders are requested to furnish the following documents in Original in a
sealed cover (Physical Forms) within the last date of receipt of Bids as
indicated at Para10.2.
(i) Details of payment towards Tender fee
(ii) EMD Payment Details
18

(iii) Affidavit
(iv) Integrity Pact
(v) Check list for compliance of important Tender Conditions (Annexure-D).
7.1.2.1 Earnest Money Deposit of Rs. 3,90,000/- is applicable for this Tender.
7.1.2.2 The amount specified in the Notice Inviting Tender for EMD can be accepted
in the form of Demand Draft or Banker‟s cheque drawn in favour of NLC
India Limited, on any Bank in Neyveli or payable at par by a Bank in
Neyveli.
7.1.2.3 The amount of EMD may also be remitted through e-payment like RTGS,
NEFT mode and the UTR No. may be indicated in the tender document. The
Bank commission charges will be to the account of the bidder.
7.1.2.4 The remittance details shall be clearly indicated by the bidder in their offer
and the qualification of the bidder is subject to receipt of amount of EMD
stipulated in the tender. Remittance of Earnest Money Deposit by Cash
shall not be entertained.
7.1.2.5 The Earnest Money Deposit can also be furnished in the form of an
Irrevocable Bank Guarantee in SFMS mode from any Bank authorized by
RBI, with validity of 120 days, from the date of original scheduled date of
tender opening which should be in Rs.80/- stamp paper. However, BG with
a shortfall in validity upto Fifteen (15) days can be accepted with the
approval of Unit Head for which amendment need not be obtained. The
Bank Guarantee so submitted against Earnest Money Deposit shall be
subject to verification. The BG shall be got extended suitably in the
prescribed format, whenever required. For obtaining confirmation of Bank
Guarantee through SFMS mode, the following guidelines shall be given in
the NIT / Tender Document. Bank Guarantees shall be in paper form as
well as issued under the "Structured Financial Messaging System".
7.1.2.6 (i) Name of Beneficiary & its details:
(ii) Beneficiary Bank
(iii) Branch & Address
(iv) IFSC Code
The above particulars are to be incorporated by the Issuing bank properly
while issuing BG under SFMS mode. However, EMD in the form of BG with
shortfall in validity of upto a period of thirty days, at the time of bid
opening, may also be accepted, provided the bidder shall furnish an
amendment to BG covering the shortfall. For a shortfall in validity upto
fifteen (15) days, amendment need not be obtained.
7.1.3 The Earnest Money Deposit can also be in the form of an Irrevocable Bank
Guarantee (BG) from any Scheduled Commercial Bank Authorised by Reserve
Bank of India.
7.1.4 This Bank Guarantee shall be kept under safe custody by the Accounts Centre
concerned.
7.1.5 The Bank Guarantee if submitted against Earnest Money Deposit shall be
subject to verification with the bank which issued it.
7.1.6 Any Tender submitted without Earnest Money or submitted with part amount
or any request to adjust it in any other bills or seeking exemption, shall be
summarily rejected.
7.1.7 The Earnest Money Deposit deposited in any manner shall not bear any
interest.
7.1.8 The BG shall be got extended suitably by Contracts Section, whenever required.
7.1.9 BG shall be scrutinized and got approved by the Competent Authority.
7.1.10 For BG in the form of cash remittance thorough RTGS / NEFT to NLCIL‟s State
Bank Of India, Block-2, Neyveli-607801, Account Number 108951290888.
IFSC code: SBIN0000958.
19

The tenders submitted without EMD in the aforesaid manner, in any other
manner or short in amount or any adjustment with any pending payment
shall be summarily rejected. No interest shall be allowed on the EMD. The
EMD deposited by the successful tenderer will be retained towards the
security deposit for the fulfilment of the contract.
7.1.11 Without prejudice to any other remedies available at Law.

(a) In the event of any of the contingencies mentioned as below, NLCIL
shall have the right, at their discretion, to reject the bid without notice to the
Bidder‟s;
(i) the bid is unilaterally revoked/revised/modified/withdrawn before expiry

of bid validity period, by the bidder(s); or
(ii) the price(s) have been unilaterally increased or altered after the bid
opening and during validity of offer, by the bidder; or
(iii) in case, any certificate submitted by the Bidder(s) is found to be not

genuine, or forged/bogus.
(b) In the event of any of the contingencies mentioned as below, NLCIL

shall have the right, to cancel the LOA/Contract, without notice to the Bidder;
(i) On issue of LOA by NLCIL to the bidder, the bidder omits or refuses to
accept the said LOA within the stated period and/or execute the contract
agreement; or
(ii) The successful bidder, after issue of LOA, omits or fails to submit
Contract Performance Guarantee (CPG) within the specified period.
(c) In addition on (a) and (b) above, NLCIL shall also have the right to ban
the defaulting Bidder(s) for a period to be specified, from participating in any of
NLCIL tenders and NLCIL reserves the right to inform the matter to other
PSU‟s/Statutory Bodies and the decision of NLCIL in this regard shall be final
and binding on the Bidder(s).
7.1.12 The Online bid with regard to Technical and Commercial aspects shall contain
the full details of the profile of the bidder(s) in addition to the following:
(i) Duly filled in online forms.
(ii) Self-certification and Documentary proof of satisfaction of the Qualifying

Requirements in the form of Performance Certificates from the users
and the LOI/LOA/WO/ Contract Agreements.
(iii) Any amendment / corrigendum / errata for the Tender Document shall
also be signed by the Bidder as a token of acceptance of the same and
enclosed in Cover-I of the Bid.
(iv) Integrity Pact duly signed.
(v) Affidavit.
7.1.13 To assist in the scrutiny, evaluation and comparison of bids, the Purchaser
may, at its discretion, seek from any or all bidders, clarification(s) of his / their
Bids, including break-downs of unit rates, technical information, documents
20

and materials after the Tender Opening. No change in the final price or
substance of the Bid shall be permissible.
7.2.0 PRICE
7.2.1 The „Schedule of Prices‟ duly and correctly filled in by the bidder shall be
submitted online in the Specified Form.
7.2.2 Price given should cover the entire scope of work and should be as per price
format. The bidder shall quote his price for entire scope of work on firm price
basis only. The bidder quoting a system of prices other than that specified,
run the risk of summary rejection of the bid.
7.2.3 The Bidder shall quote his price against each item of the schedule as
indicated in the price format. The bidder shall quote the prices only once after
considering all the pros and cons.
7.2.4 All entries shall be in English language only.
7.2.5 The price shall be quoted in Indian Rupees only and shall remain valid till the
completion of entire work.
7.2.6 Price bids will be checked by Purchaser for arithmetical accuracy. Errors, if
any, will be resolved in the following manner, and it shall not be necessary to
make a reference to the concerned Bidder(s) for such purpose, where there is
a discrepancy between the amounts in figures and in words, the amount in
words will govern.
8.0 GENERAL
8.1 In general, no request for postponement or extension of time shall be permitted

for the last date for remitting Tender fee, date of closing of online e-tender,
Date of submission of physical forms (cover-I), Date of opening of physical
forms (cover – I), Date of opening of e-bids (Cover – II), etc. However, the
Purchaser has the right to decide.
8.2 Bids received in incomplete shape shall be liable for rejection.
8.3. NLC India Limited takes no responsibility for transmission delays, loss or non-
receipt of bid documents or any letters sent by post / courier, either way, and
also reserve the right to reject any bid in part or full without assigning any
reasons thereof.
8.4. Notwithstanding any information and data, which may be contained in these
tender documents, the bidder has to make independent inquiries and generally
obtain his own information on all matters that may in any way affect prices,
risks and obligations of the Contractor under the contract.
8.5. The submission of any bid connected with these documents and specifications
shall constitute an agreement that the bidder shall have no cause of action or
claim against the Purchaser for rejection of his bid. The Purchaser shall always
be at liberty to reject or accept any bid or bids or part thereof at his sole
discretion and any such action will not be called into question and the bidder
shall have no claim in that regard against the Purchaser.
8.6. Bids once submitted shall not be returned and shall remain property of the
Purchaser.
21

8.7 Unilateral revision or withdrawal of offer by the bidder within the subsistence
of the validity period of offer shall not be permitted. Violation of this condition
shall result in rejection of the bid without notice.
In addition to the above, such bidder shall also be banned either permanently
or for a fixed period, at the discretion of NLCIL from participating in any of the
NLCIL‟s future tenders.
9.0 Effect and Validity of Bid

The bid shall be kept valid for acceptance for 06 (Six) months from the date of
opening of the bid and has to be extended from time to time if situation
warrants due to administrative procedures in vogue.
10.0 Latest Hour For Receipt of Bids

10.1 Online / Electronic Bid shall be submitted through NLCIL web site as per
Section-C
10.2 Physical sealed cover as brought out in Para 7.1.1 must be deposited in the
Tender Box kept at MM Complex not later than 14.30 Hrs. IST on the date
fixed for tender opening. The sealed cover deposited after the time & date fixed
for the receipt of the bids shall be rejected.
11.0 Single Bidder Responsibility

The bidder shall specifically indicate in his bid that he assumes full
responsibility for the scope of work in accordance with specifications; quality
and time schedule of the complete tender and guarantee the satisfactory
performance as a whole.
12.0 No Claim for Compensation for Submission of Bid
12.1 The submission of any bid connected with these documents and specifications
shall constitute an agreement that the bidder shall have no cause of action
or claim against the NLCIL for rejection or non-acceptance of his Bid. The
Purchaser shall always be at liberty to reject or accept any bid or bids or part
thereof at his sole discretion and any such action will not be called into
question and the bidder shall have no claim in that regard against the
Purchaser.
12.2 The bidder whose bid is not accepted shall not be entitled to make any claim
on account of costs, charges and expenses incidental to or incurred by such
bidder, as a result of or in connection with his submission of bid or the
consideration of the bid by NLCIL, even if NLCIL elects to
modify/withdraw/abandon the Invitation to Bid.
13.0 Policy of bids under consideration

Bids shall be deemed to be under consideration immediately after they are
opened and until such time the NLCIL makes official intimation of
award/rejection to the bidder. While the bids are under consideration, bidders
and/or their representatives or other interested parties are advised to refrain
from contacting, by any means, the NLCIL and/or his
employees/representatives on matters related to the bid under consideration.
The NLCIL if necessary will obtain clarifications on the bids, by requesting for
such information from any or all the bidders either in writing or through
official discussions. The Bidder(s) will not be permitted to change the final
price or substance of the bid after the same has been opened. Unilateral
revision or withdrawal of bids by the bidder within the subsistence of the
validity period of offer shall not be permitted.
22

14.0 NLCIL‟s Right to Accept Bid
14.1 PURCHASER shall always be at liberty to reject or accept any bid or bids or
part thereof at his sole discretion and any such action will not be called into
question and the bidder shall have no claim in that regard against the
PURCHASER.
14.2 The Purchaser does not pledge itself to accept the lowest bid, and reserves the
right to reject such bids for reasons to be recorded in writing. The other bids
will be retained as given. The decision of NLCIL in this regard shall be final and
binding on the bidders and the bidders shall not be entitled to any notice in
this regard or to any compensation whatever.
15.0 Deputation of Representatives for Discussion

After opening of the bid, if NLCIL desires to have discussion, the bidder shall
be in a position to depute, at short notice, his representative(s) having full
authority for finalizing technical parameters as well as Commercial Terms and
Conditions of the Contract.
16.0 Award criteria:
16.1 The Purchaser will award the contract to the bidder who meets the Qualifying
Requirements, determined as substantially responsive and lowest evaluated
price.
16.2 The Purchaser reserves the right to accept or reject any bid and to cancel the
bidding process and reject all the bids at any time prior to Award of Contract,
without thereby incurring any liability to the affected Bidder/Bidders and not
obliged to inform the grounds of such action.
16.3 The Purchaser will be the sole Judge in this regard.
17.0 Integrity Pact Programme:
NLCIL is committed to have most ethical business dealing with the Vendors,
Bidders and Contractors of goods and services and deal with them in a
transparent manner with equity and fairness.
In order to achieve these goals, NLCIL is implementing the Integrity Pact
programme in co-operation with Central Vigilance Commission (CVC) and
renowned International Non-Governmental Organization, Transparency
International India (TII).
The Integrity Pact Programme covers the following aspects:
i) Commitments and Obligations of NLCIL (Principal).

ii) Commitments and Obligations of Vendors / Bidders / Contractors
(Counterparties).
iii) Violations and Consequences.
iv) Independent External Monitors.
As per the Integrity Pact Programme, an “Integrity Pact”, which envisages an
agreement between the prospective Vendors, Bidders & Contractors and
NLCIL, committing the persons / officials of both parties, not to exercise any
influence on any aspect of the contract. Only those Vendors / Bidders /
Contractors, who have entered into such an “Integrity Pact” with NLCIL would
23

be competent to participate in the bidding. In other words, entering into this

Pact would be a preliminary qualification. Hence the bidder shall submit the
Integrity Pact agreement as per the format given in Annexure G duly filled and
signed in his offer enclosed in Cover-I.
18.0 Conditions of Contract
Subject to the conditions enumerated in the commercial conditions of

Contract, the tender will be governed by “Technical and Special Conditions of
Contract” as detailed in the document. The “Technical and Special
Conditions of Contract” shall prevail over the other conditions elsewhere
specified in the tender document to the extent they differ from the other
conditions.
As on date, the Independent External Monitors are:
Shri. Rakesh Jain, IA & AS (Retd),

Dy. Controller & Auditor General,
e-Mail:
1. Flat No. 701, Platinum Tower,
rakeshjain18@hotmail.com
Chandrakala Colony, Durgapura,
Jaipur - 302 018.
Shri. Lov Verma, IAS (Retd),
Secretary, Dept. of Empowerment of
2. Persons with Disabilities, GOI, e-Mail: lov_56@yahoo.com
K-41, Fourth Floor, Louisviille – II,
New Delhi - 110 049.
Shri Ramabhadran Ramanujam, IAS,
(Retd.),
e-Mail:
3. 44/24, Third Trust Cross street,
raamaanuj18@gmail.com
Mandavelipakkam.
Chennai – 600 028.
Yours faithfully
For NLC INDIA LIMITED
Sd-
GENERAL MANAGER
DISPOSAL DEPARTMENT
24

Section-E
Specimen of Formats
25

Annexure-A
Schedule of Prices
General Instructions to Bidders
1.0 The Bidder shall furnish their prices only in the “schedule of prices”.
Note: 1) The bidder has to quote their rates in the last column legibly.
2 ) Service Charge shall be payable for the actual sale value realized by
NLCIL and as detailed under “Payment terms” clause.
3) Bidders are advised to read clearly the scope of work before quoting.
Service
Sl.
Description of Work Charge in
No
percentage
The e-Portal Service Provider should conduct E-Tender cum
E-Auction for sale of Iron and Steel Scrap and
rejected/condemned/obsolete/ secondary arising (ferrous
and non-ferrous) as well as surplus obsolete store,
1.
equipment, miscellaneous articles and Hazardous waste
materials and other materials of all units of NLC India
Limited including its subsidiaries, undertaking, joint
venture, situated anywhere in India
Service Charge in ……………. %

(In words……………………………………………………...only)
Note: - GST is payable extra as applicable. However, the bidders have to mention
the rate of GST below.
Rate of GST: … …….% (In words ………………………..percentage)
Place: SIGNATURE OF THE BIDDER:

Date:
NAME:
DESIGNATION:
ADDRESS & SEAL

OF THE COMPANY:
26

Annexure - B
REVERSE AUCTION
1. TERMS AND CONDITIONS OF REVERSE AUCTION
NLCIL shall conduct the Online Reverse Auction and the terms and
conditions shall be as below:
i. Once NLCIL decides to conduct reverse auction for the tender, an E-mail
containing the terms and conditions, date and time of reverse auction (RA)
for each category, the start price and the decrement amount for each
category will be sent to all the eligible bidders to their Email ID registered
with NLCIL. The same will also be available in the home page of NLCIL,
procure.nlcindia.in site after logging in under Reverse auction menu. It shall
be the sole responsibility of the bidders to view such emails and participate
in the Reverse Auction. NLCIL shall not be responsible for any failure on the
part of the bidders to notice the emails.
ii. In case of any change in the bidders E-mail ID, it is the responsibility of the
bidder to update his E-mail ID then and there (available under “Update
Profile” menu using secure login). NLCIL does not hold any responsibility for
the lapses on the bidder‟s side in this regard.
iii. The bidders are also requested to login to NLCIL web site
(procure.nlcindia.in) regularly and view the details of Reverse Auction (RA).
iv. The duration indicated in the auction screen, will be the minimum duration
for the Reverse Auction process.
v. During the course of Reverse Auction if any problem arises in NLCIL‟s

Server that interrupts the participation of the bidder in RA and resulting in
closure of RA, NLCIL reserves the right to reconduct RA with the last bid
price offered in the RA. The rescheduled date and time of RA will be
intimated to the qualified bidders by E-mail / SMS.
vi. RA screens are activated 10 minutes before the start of the auction.
vii The Start Price and the minimum Bid decrement value shall be displayed to
the Bidders at the start of the Reverse Auction. The bidder can bid lower
than the current bid amount however such bid should be single or multiple
of decrement value.
viii. Bidders shall be required to start bidding from this Start price, reducing their
price by minimum one decrement value or multiple of decrement value by
clicking the calculator button under the column „Action‟.
ix. A single Bid cannot have more than 5 times the decrement value from the
current lowest bid. In case the bidder wants to give more than 5 times the
decrement value, he can give multiple bids.
x. At the end of Reverse Auction, the lowest closing bid will be considered for
further processing.
27

xi. NLCIL‟s decision on award of the order shall be final and binding on all the
bidders.
xii. NLCIL reserves the right to reschedule or cancel the Reverse Auction
Process / Tender at any time without any notice or assigning any reason
thereof.
xiii. The time of NLCIL Server, hosting the reverse auction will be the basis for
all time related activities i.e., start of auction, closing of auction, acceptance
of bid, etc.
xiv. NLCIL is not liable for any interruption or delay in accessing NLCIL‟s
Website irrespective of the cause and for any system problems or inability
to use the system by the Bidders. Bidders are requested to make all the
necessary arrangements / alternatives whatever required so that they are
able to circumvent such situation and be able to participate in the reverse
auction successfully.
xv. The Bidder shall not involve himself or any of his representatives in Price
manipulation of any kind directly or indirectly by communicating with
other bidders.
xvi. The Bidder shall not divulge either his Bids or any other exclusive details of
NLCIL to any other party.
xvii. Bids once made by the bidder cannot be revoked / withdrawn by them and
the bidder shall be bound to accept the price indicated in the auction as per
their final bid price. Should the bidder fail to accept the prices quoted and
in conformity with the terms and conditions of enquiry, their offer will be
rejected without any notice besides banning the firm for a fixed period from
participating in any of the NLCIL tenders and encashing the EMD/ Bid
guarantee if any.
2. Procedure of Reverse Auctioning:

i. Reverse Auction will be conducted based on lowest evaluated bid price
emerged.
ii. The Start Rate will be the same as lowest rate quoted by any bidder and
the same will be displayed in percentage up to two decimal place.
iii. At the end of reverse auction, the price ranking status of bidders will be
given.
iv. Bidders participating in the Reverse Auction can reduce the rate from
above Start Rate as displayed in the screen by minimum of 0.01% and
multiples thereon.
v. “RL1” Bid is the last offered rate i.e. further no bidders respond within the
time limit.
vi. After completion of the online Reverse Auction, the Closing Price (CP) i.e.
RL1 bid shall be available for further processing.
28

vii. After reverse auction, the price break up for all components shall be
arrived in the same proportion as quoted in their initial price bid such
that the total price shall be equal to the lowest quoted Bid Price during
reverse auction for each category.
In case, participation is equal to two (2), both the bidders will be qualified
and short listed for the reverse auction.
In case of non-participation of bidders in the RA/no reduction of price in the
RA, then the prices of bidders will be ranked as R1, R2, R3 shall hold good.
3. Schedule for reverse bidding: The date and time of start of Reverse Auction
for each category shall be intimated to all the shortlisted bidders. Scheduled
duration of reverse auction shall be normally two hours.
4. Auction extension time: If a valid bid is placed within Ten (10) minutes of
End Time of the Reverse auction (RA), then RA duration shall get automatically
extended for another Ten (10) minutes from the existing end time. It may be
noted that the auto-extension will take place only if a valid bid comes in those
last Ten (10) minutes. If a bid does not get accepted as the lowest bid, the
auto-extension will not take place even if that bid might have come in the last
Ten (10) minutes. The above process will continue till no bid is received in last
Ten (10) minutes which shall mark the completion of Reverse Auction.
However, bidders are advised not to wait till the last moment to enter their bid
to avoid complications related to internet connectivity, their network problems,
system crash down, power failure etc.
5. Post reverse bidding procedure:

After reverse auction, bidders would be ranked in ascending order as RL-1, RL-
2, RL-3, RL-4 and so on with RL-1 being lowest.
6. Bidding in reverse auction: In all cases, bidder should use their own ID and
Password along with Digital Signature at the time of submission of their bid.
7. During the entire e-reverse auction process, the bidders will remain completely
anonymous to one another and also to everybody else.
8. The e-reverse auction floor shall remain open from the pre-announced date &
time and for as much duration as mentioned above.
9. All electronic bids submitted during the e-reverse auction process shall be
legally binding on the bidder. Any bid will be considered as the valid bid offered
by that bidder and acceptance of the same by the NLCIL will form a binding
contract between NLCIL and the Bidder for execution of work.
10. It is mandatory that all the bids are submitted with digital signature certificate
otherwise the same will not be accepted by the system.
11. No deviation of the terms and conditions of the tender document is acceptable.
Submission of bid in the e-reserve auction by any bidder also confirms his
acceptance of terms & conditions for the tender.
12. The prevailing / current lowest bid will be displayed on the bidding screen
during the course of e-reverse auction and all subsequent bids shall have to be
quoted lower than the prevailing / current lowest bid.
29

13. The time of NLCIL Server, hosting the reverse auction will be the basis for all
time related activities i.e., start of auction, closing of auction, acceptance of
bid, etc. The server time shall be treated as final and binding. Bids recorded in
the server before the bid closing time will only be treated as valid bid. Bidders
are, therefore, advised to submit their bids well before the closing time of e-
reverse auction. If any bid reaches the server after the bid closing time as per
server time, the same will not be recorded and no complaint in this regard
shall be entertained.
14. Bidders are advised to exercise caution in quoting their bids in e-reverse
auction to avoid any mistake. Bids once submitted can‟t be recalled.
15. Any order resulting from this bidding process shall be governed by the terms
and conditions mentioned in the NIB. No deviation to the technical and
commercial terms & conditions are allowed. NLCIL reserves the right to cancel
this bidding process (e-reverse auction) or extend the due date of receipt of
bid(s) without assigning any reason thereof.
30

Annexure – C
FORMAT FOR AFFIDAVIT
(Apart from submission of Affidavit in Cover-1, the bidders shall submit digitally signed
Affidavit, while submitting their online bid, as per the format given below).
From:
(Name & Address of Bidder)
…………………………….…………………………….
…………………………….
…………………………….
We do hereby declare that the contents of the offer submitted against this
tender (Tender No. NLCIL/GM/DISPOSAL/SA/PTE/2022-23/2023/Dt: 10-
01-2023) have been submitted after fully understanding that the information
contained in the offer and the documents enclosed/ provided along with the bid
are true, correct and complete in every aspect and that if any information
contained therein found to be false/incorrect/fabricated, offer shall be
considered as null and void and we shall be liable for any penal action as per
the provisions of Law for the time being in force.
i) I/We ……..........……………….Partner / Legal Attorney / Proprietor/ Accredited
Representative of M/s……………………………… declare that, we are submitting
our offer/bid for the supply of equipments/ materials/works/services v i d e
our offer for
The e-Portal Service Provider, should conduct e-tender cum e-auction for sale of
Iron, Steel (ferrous) and non-ferrous Scraps including rejected/ condemned/
obsolete/ secondary arising as well as surplus obsolete store, equipment,
miscellaneous articles and Hazardous waste materials and other materials of
all units of NLC India Limited including its subsidiaries, undertaking, joint
venture, situated anywhere in India.
ii) The contents/enclosures/documents of the offer are submitted after fully

understanding that all the information furnished by me / us are correct and
true and complete in every respect and all documents/credentials submitted
along with the offer/bid are genuine, authentic, true and valid.
iii) During the verification of offer or even at a later date, if any information or
document submitted by me/us found to be false /fabricated/ incorrect, the
said offer shall be considered absolutely null and void and action as deemed
fit shall be taken against me /us including forfeiture of EMD/SecurityDeposit
/Contract Performance Guarantee and action of suspension/banning/
blacklisting of my/ Our firm (including all partners of the firm)/company as
per the tender conditions and law.
Signature of the Bidder

Place: Name:
Date: Company Seal:
31

Annexure – D
Check list for Compliance of Important Tender Conditions
(To be enclosed in Cover-I)
Bidders to submit their bid accepting all the terms and conditions of the Tender and
the required / relevant documents wherever required, as per the formats given below:
Cost of Tender Document, EMD, Affidavit & Integrity Pact:
Acknowledgement for
Sl.
Description enclosing Details if YES
No.
as per NIB (please tick)
Cost:
Bank :
1 Tender Fee details. YES NO
2 EMD YES NO
Affidavit (As per
3 YES NO
Annexure-C format).
4 Integrity Pact. YES NO
PQR QUESTIONNAIRE:
For Scraps and Hazardous Waste:
Details of
Acknowle
documents
dgement
Sl. submitted
Description for
No. in support
enclosing
of QR
as per NIB
conditions
The bidder should be in the line of conducting e-
Tender-cum-e-auction with their own e-Portal for
1 the sale of Scrap materials, Hazardous waste YES / NO
materials for the last Two years prior to the
original scheduled date of tender opening.
The bidder should have successfully completed E-
Tender-cum-E-auction for the disposal of scraps
including Hazardous waste materials with their
own e-Portal for a minimum service charge value
2 of Rs.38.70 Lakhs including GST during the last YES / NO
two years period in single/two/three
contract(s)/agreement(s) to any Govt/PSU/Quasi
Govt/Public Limited Companies as on original
scheduled date of tender opening.
The bidder should have vendor base for the sale of
Scrap materials and hazardous waste materials
3 YES / NO
with at least 5 vendors of scrap and at least 5
vendors of hazardous waste materials.
The system of the Service Provider should be able
to accommodate the buyer to go for E-Tendering
4 YES / NO
along with or without participation in E-Auction
for Scraps and Hazardous Wastes.
32

Details of
Acknowle
documents
dgement
Sl. submitted
Description for
No. in support
enclosing
of QR
as per NIB
conditions
The e-auction software and technology offered by
the e-portal service provider should be certified
5 software (renewed up to date) from STQC, YES / NO
Department of Information Technology, and
Government of India.
Documentary evidences to be furnished along with the Bid. The bidder should
furnish the following.
For PQR 1: Documentary evidences in the form of
(a) Company Registration Certificate / License /any YES / NO
other relevant documents.
For PQR-2:Documentary evidences in the form of
copies of Agreement/Letter of Awards, (LOA‟s) and
also proof for having completed the order for the
(b) YES / NO
value in PQR 2, like completion certificate issued
by the customer etc, shall be furnished along with
the bid to satisfy the PQR.
For PQR-3:The bidders shall furnish a self-attested
list of vendors registered with them for purchase of
(c) at least 5 vendors of scrap and at least 5 vendors YES / NO
of hazardous waste materials with their
Authorisation details of Pollution Control Board.
For PQR-4:The bidders shall furnish documentary
(d) evidences in the form of copies of Bid History shall YES / NO
be furnished along with the bid to satisfy the PQR.
For PQR-5:The bidders shall furnish copy of the
(e) valid STQC Certificate along with the bid to satisfy YES / NO
the PQR.
Note: If the bidder has previously carried out e-
Tender-cum-e-auction of scrap and Hazardous
waste for NLCIL, the bidder has to mention the
agreement number and the amount of service YES / NO
charge claimed in the agreement meeting the PQR
conditions and the bidder will be qualified on PQR
basis, based on the past performance with NLCIL.
Signature of Bidder with seal.
33

Annexure - E
Format of Contract Performance Bank Guarantee
Note: -
The successful tenderer should furnish CPG before signing of contract agreement.
The Contract Agreement shall be executed, on a Stamp Paper of value not less than
Rs.20/-, within 60 (Sixty) days from the date of Letter of Award. The CPG shall be
3%(Three percent) of the contract value. CPG/ Security deposit shall be kept valid up
to the finalisation of the agreement or up to the period of six months from the actual
date of completion whichever is earlier, provided there is no liability on the part of the
contractor. In case of enhancement of contract value, value of CPG is also to be
increased proportionately.
The CPG shall not bear any interest.
NLC India Limited shall be entitled to forfeit / adjust any dues from the Contractor
against the CPG, in the event of non-fulfilment of any of the stipulations in the
contract by the contractor.
1. This guarantee has to be furnished by a Nationalised Bank / Scheduled Bank

(Other than Bank of China) Authorized by RBI.
2. The Bank Guarantee should be furnished on Stamp paper of value not less
than Rs.80/- as per Stamp Act.
3. The stamp papers should be purchased in the name of Bank executing the
guarantee.
4. The Bank Guarantee issued by the issuing bank on behalf of

Tenderer/Contractor/Supplier in favour of “Name of the Company” shall be in
paper form as well as issued under the “Structured Financial Messaging
System” (SFMS). The details of beneficiary for issue of BG under SFMS
platform is furnished below.
Name of the Beneficiary and its details:

Name : NLC India Limited
Unit/Area/Division : Disposal Department/MM Complex
Beneficiary Bank : State Bank of India
Branch & Address : Block-2, Neyveli-607 801
IFS Code : SBIN0000958
5. For the Bank Guarantee received from the Tenderer/ Contractor/ Supplier in
paper form and through Structured Financial Messaging System (SFMS),
confirmation will be received from SBI. Otherwise the Bank guarantee
submitted in manual mode (not verifiable through SFMS) will be summarily
rejected.
Bank Guarantee
No…………….
Date:
…………………………...
34

To
NLC India Limited,
Block-1, Neyveli- 607 801,
Cuddalore District, Tamil Nadu, INDIA.
Dear Sirs,
1.0 In consideration of the Neyveli Lignite Corporation limited,

Neyveli hereinafter referred to as the PURCHASER, which expression
shall, unless repugnant to the context or meaning, thereof include
its successors, representatives and assignees, having awarded in favour
of M/s. .............
........... ........... ...... ........ having registered office at ................
hereinafter referred to as the CONTRACTOR, which expression shall
unless repugnant to the context or meaning thereof include its
successors, administrators, representatives and assignees, a
Contract, hereinafter "referred as the CONTRACT" for the ........................
on terms and conditions set out inter alia, in the PURCHASER`s Contract
/Letter of Award No......................... dated as well as "CONTRACT"
documents, valued at ........... ............ ........... (In words) and the
same having been unequivocally accepted by the CONTRACTOR and the
CONTRACTOR having agreed to provide a Contract Performance Guarantee
for the faithful performance of the entire “Contract” including the warranty
obligations /liabilities under the contract Equivalent to 3% of the said value
of the Contract if any, to the PURCHASER amounting to
....................................... (In words) as Contract Security in the form of a
Bank Guarantee.
2.0 We, ..............(Name)..................(Address) hereinafter referred to as the

"Bank which expression shall, unless repugnant to the context or
meaning thereof, include its successors, administrators,
representatives and assignees do hereby irrevocably guarantee and
undertake to pay the PURCHASER merely on demand without any previous
notice and without any demur and without referring to any other
source, any and all monies payable by the CONTRACTOR by
reason of any breach by the said CONTRACTOR of any of the terms and
conditions of the said CONTRACT including non-execution of the "CONTRACT
AGREEMENT" to the extent of 3% of the Contract price at any time upto
....... (day /month/ year). Any such demand made by the PURCHASER on
the bank shall be conclusive and binding, absolute and unequivocal not
withstanding any disputes raised/pending before any court, tribunal,
arbitration or any other authority. The Bank agrees that the guarantee herein
contained shall continue to be enforceable till this sum due to the
PURCHASER is fully paid and claims satisfied or till the PURCHASER
discharges this Guarantee.
3.0 The Bank further irrevocably guarantees and undertakes to pay on mere
demand, without any demur, reservation, contest, recourse or protest any and
all monies due and payable by the CONTRACTOR by reasons of non-fulfilment
of any of the following obligations.
4.0 The PURCHASER shall have the fullest liberty without affecting in any way the
liability of the Bank under this guarantee, from time to time, to extend the time
of performance by the CONTRACTOR. The Bank shall not be released from its
liabilities under these presents by any exercise of the PURCHASER of the
liberty with reference to the matter aforesaid.
35

5.0 The PURCHASER shall have the fullest liberty, without affecting this guarantee
to postpone from time to time the exercise of any powers vested in them or
of any right which they might have against the CONTRACTOR and to exercise
the same at any time in any manner, and either to enforce or to forbear to
enforce any covenants, contained or implied in the CONTRACT between the
PURCHASER and the CONTRACTOR or any other course or remedy or
security available to the PURCHASER and the BANK shall not be released of its
obligations/ liabilities under these presents by any exercise by the
PURCHASER of his liberty with reference to the matters aforesaid or any of
them or by reasons of any other act or forbearance or other acts of omission or
commission on part of the PURCHASER or any other indulgence shown by the
PURCHASER or by any other matter or thing whatsoever which under law
would, but for this provision, have the effect of relieving the Bank Guarantee.
The Bank further undertakes not to revoke this guarantee during its currency
without the previous consent of the PURCHASER.
6.0 The Purchaser shall have the fullest liberty to lodge their claims for encashment
of the guaranteed sum in full or in part, in the manner suitable to them.
However, payment made for a sum lesser than the guaranteed amount, shall
not relieve or discharge the Bank from their obligations guaranteed hereunder,
till the contractual obligation are fully performed by the Contractor or the
Bank Guarantee is discharged by the Purchaser, as the case may be and the
Bank Guarantee shall continue to be in force till such time.
6.1 The Bank further agrees that the decision of the PURCHASER as to the failure
on the part of the CONTRACTOR to fulfil their obligations as aforesaid and/or
as to the amount payable by the BANK to the PURCHASER hereunder shall be
final, conclusive and binding on the BANK.
7.0 The Bank also agrees that the PURCHASER shall be entitled at his option to
enforce this guarantee against the BANK as a principal debtor, in the first
instance notwithstanding any other Security or guarantee that it may have in
relation to the CONTRACTOR`s liabilities.
8.0 This guarantee will not be discharged due to the change in the constitution of
the BANK or the CONTRACTOR(S).
9.0 Notwithstanding anything contained herein:
a. our liability under this bank guarantee shall not exceed Rs........... (In
words).
b. this bank guarantee shall be valid up to …………….; and
c. we are liable to pay the guaranteed amount or any part thereof under this
bank guarantee only and only if you serve upon us a written claim or
demand on or before ………………
SIGNATURE
Name in Block Letters
Designation
Staff Code No.
36

Witness
1 Signature
Occupation
Address
(Banker‟s seal)
Attorney as per Power of
2 Signature Attorney No…………dt.……………..
Occupation
Address
37

Annexure - F
(To be executed on plain paper)
Integrity Pact
(To be executed on plain paper) Between NLC India Limited (NLCIL) herein after
referred to as "The Principal" and ................. herein after referred to as "The Bidder/
Contractor"
Preamble:
The Principal intends to award, under laid down organizational procedures,
contract/s for…………………………………….. The Principal values full compliance with
all relevant laws and regulations, and the principles of economic use of resources,
and of fairness and transparency in its relations with its Bidder/s and Contractor/s.
In order to achieve these goals, the Principal cooperates with the renowned
international Non- Governmental Organization "Transparency International" (TI).
Following TI's national and international experience, the Principal will appoint an
external independent Monitor who will monitor the tender process and the execution
of the contract for compliance with the principles mentioned above.
Definitions:
In pursuance of the above Pact, for the purposes of this provision, the Principal
defines the relevant terms set forth therein as under:
1) "Contract" means the contract entered into between the Principal and Bidder (or
Tenderer)/Contractor for the execution of work mentioned in the preamble above.
2) "Contractor" means the bidder or tenderer whose tender (bid) has been accepted by
the principal or Company whose tender (bid) has been accepted and shall be deemed
to include his/its/their successors, representatives, heirs, executors and
administrators unless excluded by the Contract.
3) "Coercive practice" means harming or threatening to harm, directly or indirectly,

persons or their property to influence their participation in the procurement process
or affect the execution of a contract: In order to achieve these goals, the Principal
proposes to appoint one or more External Independent Monitor/s who will monitor
the tender process and the execution of the contract for compliance with the
principles mentioned above.
4) "Collusive practice" means a scheme or arrangement between two or more bidders,

with or without the knowledge of the Principal designed to establish bid prices at
artificial, non-competitive levels; and
5) "Corrupt practice" means the offering, giving, receiving or soliciting of anything of

value to influence the action of a public official in the procurement process or in
contract execution;
6) "External Independent Monitor" means a person, hereinafter referred to as EIM,

appointed, in accordance with Section 7 below, to verify compliance with this
agreement.
7) "Fraudulent practice" means a misrepresentation of facts in order to influence a

procurement process or the execution of a contract to the detriment of the Principal
and includes collusive practices among Bidders (Prior to or after bid submission)
designed to establish bid prices at artificial, non competitive levels and to deprive the
Principal of the benefits of free and open competition;
8) "Party” means a signatory to this agreement.
38

9) "Purchaser" means NLC INDIA LTD, Neyveli, incorporated under the Companies
Act 1956, having their registered Office at Chennai, 600031 and includes their
successors.
10) "Bidder or Tenderer" means the person, firm or company submitting a tender (bid)
against the invitation to Tender (bid) and includes his/its/their staff, consultants,
parent and associate and subsidiary companies, agents, consortium and joint venture
partners, subcontractors and suppliers, heirs, executors, administrators,
representatives, successors.
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:
1. No employee of the Principal, personally or through family members, will in
connection with the tender for, or the execution of a contract, demand, take a
promise for or accept, for him/herself or third person, any material or immaterial
benefit which he/she is not legally entitled to.
2. The Principal will, during the tender process treat all Bidders with equity and
reason. The Principal will in particular, before and during the tender process, provide
to all Bidders the same information and will not provide to any Bidder
confidential/additional information through which the Bidder could obtain an
advantage in relation to the tender process or the contract execution.
3. The Principal will exclude from the process all known prejudiced persons.
(2) If the Principal obtains information on the conduct of any of its employees which
is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a
substantive suspicion in this regard, the Principal will inform its Vigilance Office and
in addition can initiate disciplinary actions.
Section 2 - Commitments of the Bidder/Contractor

(1) The Bidder/Contractor commits itself to take all measures necessary to prevent
corruption. He commits himself to observe the following principles during his
participation in the tender process and during the contract execution.
1. The Bidder/Contractor will not, directly or through any other person or firm, offer,
promise or give to any of the Principal's employees involved in the tender process or
the execution of the contract or to any third person any material or immaterial benefit
which he/she is not legally entitled to, in order to obtain in exchange any advantage
of any kind whatsoever during the tender process or during the execution of the
contract.
2. The Bidder/Contractor will not enter with other Bidders into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or non-
submission of bids or any other actions to restrict competitiveness or to form cartels
in the bidding process.
3. The Bidder/Contractor will not commit any offence under the relevant
Anticorruption Laws of India: further the Bidder/Contractor will not use improperly,
for purposes of competition or personal gain, or pass on to others, any information or
document provided by the Principal as part of the business relationship, regarding
plans, technical proposals and business details, including information contained or
transmitted electronically.
39

4. The Bidder/Contractor will, when presenting his bid, disclose any and all
payments he has made, is committed to or intends to make to agents, brokers or any
other intermediaries in connection with the award of the contract.
5. The Bidder/ Contractor of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly, the Bidder/Contractor of Indian
Nationality shall furnish the name and address of the foreign principals, if any.
6. In Case of subcontracting, the principal contractor shall take the responsibility of

the adoption of IP by the sub-contractor.
(2) The Bidder/Contractor will not instigate third persons to commit offences outlined
above or be an accessory to such offences.
Section 3-Disqualification from tender process and exclusion from future

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

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

consideration of the available evidence, concludes that no reasonable doubt is
possible.
(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 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, provided such systems has been
audited by an independent agency.
Section 4 - Compensation for Damages

(1) If the Principal has disqualified the Bidder from the tender process prior to the
award according to Section 3, the Principal is entitled to demand and recover from
the Bidder Price reduction equivalent to Earnest Money Deposit/Bid Security.
(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 Price reduction
equivalent to Security Deposit/Performance Bank Guarantee.
Section 5 - Previous transgression

(1) The Bidder declares that no previous transgressions occurred in the last 3 years
with any other Company in any country conforming to the TI approach or with any
40

other Public Sector Enterprise in India that could justify his exclusion from the
tender process.
(2) If the Bidder makes incorrect statement on this subject he can be disqualified
from the tender process or the contract, if already awarded, can be terminated for
such reason.
Section 6- Equal treatment of all Bidders/Contractors/Subcontractors

(1) The Bidder/Contractor undertakes to demand from all subcontractors a
commitment in conformity with this Integrity Pact, and to submit it to the Principal
before contract signing.
(2) The Principal will enter into agreements with identical conditions as this one with
all Bidders, Contractors and Subcontractors.
(3) The Principal will disqualify from the tender process all bidders who do not sign
this Pact or violate its provisions.
Section 7- Criminal charges against violating Bidders/Contractor/

Subcontractors
If the Principal obtains knowledge of conduct of a Bidder, Contractor or
Subcontractor, or of an employee or a representative or an associate of a Bidder,
Contractor or Subcontractor, which constitutes corruption, or if the Principal has
substantive suspicion in this regard, the Principal will inform the Vigilance Office.
Section 8 - External Independent Monitor/Monitors

(1) The IEMs have been appointed by the Central Vigilance Commission. The task of
the monitor is to review independently, whether and to what extent the parties
comply with the obligations under this agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions, neutrally and independently. He reports to the Chairperson of
the Board of the Principal.
(3) The Contractor accepts that the Monitor has the right to access without restriction
to all Project documentation of the Principal including that provided by the
Contractor. The Contractor will also grant the Monitor, upon his request and
demonstration of a valid interest, unrestricted and unconditional access to his project
documentation. The same is applicable to Subcontractors. The Monitor is under
contractual obligation to treat the information and documents of the
Bidder/Contractor/Subcontractor with confidentiality.
(4) The Principal will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an impact
on the contractual relations between the Principal and the Contractor. The parties
offer to the Monitor the option to participate in such meetings.
(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement,
he will so inform the Management of the Principal and request the Management to
discontinue or heal the violation, or to take other relevant action. The monitor can in
this regard submit non-binding recommendations. Beyond this, the Monitor has no
right to demand from the parties that they act in a specific manner, refrain from
action or tolerate action.
(6) The Monitor will submit a written report to the Chairperson of the Board of the
Principal within 8 to 10 weeks from the date of reference or intimation to him by the
41

'Principal' and, should the occasion arise, submit proposals for correcting problematic
situations.
(7) If the Monitor has reported to the Chairperson of the Board a substantiated
suspicion of an offence under relevant Anti-Corruption Laws of India, and the
Chairperson has not, within reasonable time, taken visible action to proceed against
such offence or reported it to the Vigilance Office, the Monitor may also transmit this
information directly to the Central Vigilance Commissioner, Government of India.
(8) The word 'Monitor' would include both singular and plural.
(9) The Monitor can be removed from his office, before the expiry of his tenure only
with the approval of the Board of the Principal.
Section 9 - Pact Duration

Integrity Pact, in respect of a particular contract, shall be operative from the date IP is
signed by both the patties till the final completion of the contract. Any violation of the
same would entail disqualification of the bidders and exclusion from future business
dealings. For all other bidders it shall be operative upto 6 months after the contract
has been awarded.
If any claim is made/lodged during this time, the same shall be binding and continue
to be valid despite the lapse of this pact as specified above, unless it is
discharged/determined by Chairperson of the Principal.
Section 10 - Other provisions
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is
the Registered Office of the Principal, i.e., Chennai/Neyveli. The Arbitration clause
provided in the main tender document/contract shall not be applicable for any
issue/dispute arising under Integrity Pact.
(2) Changes and supplements as well as termination notices need to be made in

writing.
(3) If the Contractor is a partnership or a consortium this agreement must be signed

by all partners or consortium members.
(4) Should one or several provisions of this agreement turn out to be invalid, the
remainder of
this agreement remains valid. In this case, the parties will strive to come to an
agreement to their original intentions.
(5) "A person signing IP shall not approach the Courts while representing the matters
to IEMs and he/she will await their decision in the matter".
………………………………………………. ……………………………………………….
For the Principal For the Bidder/Contractor
Place............. Witness1.......
Date ..............
Witness 2.......
42

DETAILS OF Name and Address Phone No. and e-mail

INDEPENDENT
EXTERNAL MONITORS
Sl.
No.
1 Shri. Rakesh Jain, IA&AS Ph. No. 0141- 2554006 {R}
(Retd.), Dy. Controller & Mobile 9968283328 e-Mail
Auditor General, Flat No. : rakeshjain18@
701, Platinum Tower, hotmail.com
Chandrakala Colony,
Durgapura, Jaipur -
302018.
2 Shri. Lov Verma, IAS(Retd.) Phone : 011-41663050 /
Secretary, Dept. of 9999970309 e-Mail :
Empowerment of Persons lov_56@yahoo.com
with Disabilities, GOI, K-
41, Fourth floor,
Louisville-ll, New Delhi -
110049.
3 Shri. Ramabhadran e-Mail:
Ramanujam, IAS (Retd.) raamaanuj@gmail.com
44/24, Third Trust Cross
Street, Mandavelipakkam,
Chennai- 600028.
43

Annexure - G
Format of Contract Agreement
(To be on a stamp paper of appropriate value)
NLCIL Contract No. dated . .202
1.0 The Contract made this ....th day of ...... in the year 202… . between NLC India
Limited having their Registered Office at “NLCIL, 135, EVR Periyar High
Road, Kilpauk, Chennai - 600 010. Tamil Nadu, India” and Corporate
Office at Block-1, Neyveli 607 801, Cuddalore District Tamil Nadu, India
hereinafter called "PURCHASER" and M/s. having their
Registered Office at hereinafter called the "CONTRACTOR"
for “……………………………….” (“the Work”), in a period of ………………….., in
accordance with the PURCHASER'S Tender No……………. dated …………….and
the CONTRACTOR'S (then Bidder) Offer No…………………dated………..
Schedule of references containing minutes of meeting and the other
correspondences exchanged between the Purchaser and the Contractor and
Letter of Award No………………. dated ……… forming part of this agreement
and is registered as Contract No. dated …………..
2.0 It is further to confirm the acceptance of the Bid proposal as notified by the
Purchaser‟s Letter of Award No………dt……….. and the Contractor‟s
acceptance vide letter No……. dt………
3.0 The PURCHASER has accepted the proposal of the CONTRACTOR with such
changes/ modifications mutually agreed to through exchange of
correspondence and minutes of the meeting for “ ”
4.0 In view of the foregoing, the PURCHASER and CONTRACTOR have agreed as
here under:
4.1 The CONTRACTOR hereby agrees to execute the 'Contract' in conformity with
the provisions contained in the Contract Document which shall mean and
inclusive of the following documents and form part of this contract.
i. Section A : Notice Inviting Bids (NIB).
ii. Section B : Qualifying Requirements.
iii. Section C : Instruction to Bidders for submission of online
: bids in e-tender & e-reverse auction.
iv. Section D : Invitation to Bid.
v. Section E : Specimen Format.
vi. Section F : Commercial conditions of contract.
iii. Section G : Technical and Special Conditions of Contract.
44

5.0 In witness whereof the parties hereto have hereunder affixed their signatures,
on the day, month and year written as above.
CONTRACTOR PURCHASER
Printed name Printed name
Designation Designation
Address Address
Office Seal Office Seal
WITNESS-1 WITNESS-1
(Signature) (Signature)
(Name in Block Letters) (Name in Block Letters)
Official Address: Official Address:
WITNESS-2 WITNESS-2
(Signature) (Signature)
(Name in Block Letters) (Name in Block Letters)
Official Address Official Address:
45

Section - F
COMMERCIAL CONDITIONS OF CONTRACT
46

COMMERCIAL CONDITIONS OF CONTRACT
1.0 Scope of Work:

1.1 The e-Portal Service Provider, should conduct e-tender cum e-auction for sale
of Iron, Steel (ferrous) and non-ferrous Scraps including rejected/
1.2 The detailed scope of work is given in Technical and Special Conditions of
Contract.
2.0 Bank Guarantee – General:
2.1 In the form of cash remittance thorough RTGS / NEFT to NLCIL‟s State Bank
Of India, Block-2, Neyveli-607801, Account Number 108951290888. IFSC code:
SBIN0000958.
The tenders submitted without EMD in the aforesaid manner, in any other
manner or short in amount or any adjustment with any pending payment shall
be summarily rejected. No interest shall be allowed on the EMD. The EMD
deposited by the successful tenderer will be retained towards the security
deposit for the fulfilment of the contract.
3.0 Bank Guarantee for Faithful Performance of the Contract [„CPG‟]:
3.1 As a contract security for faithful performance of the Contract in accordance

with the terms and conditions specified in the Contract and to cover the
obligations, under scope of work, the Contractor shall furnish a CPBG for (3%
of the contract value) Rs. ........./- (In words) in the form of Bank Guarantee
within 30 days from the date of Letter of Award. The Contract Performance
Bank Guarantee / Security deposit shall be kept valid up to the finalisation of
the agreement or up to the period of six months from the actual date of
completion whichever is earlier, provided there is no liability on the part of the
contractor.
3.2 Without prejudice to the generality of the terms of the CPG, NLCIL shall have
the right to encash the CPG for non-compliance of any or all the terms and
conditions of the Contract and to recover any dues from the Contractor under
or pursuant to the Contract as well as against any shortfall as enumerated in
the Contract.
3.3 In case of part encashment, the validity of the Bank Guarantee shall have to be
kept valid for the remaining period as per contract, for the balance amount or
for a period as requested by the Purchaser.
4.0 PAYMENT TERMS:

4.1 No payment will be payable or made till fulfilment of the following conditions.
i. Acceptance of Letter of Award.
ii Submission of Bank Guarantee for Faithful Performance of the Contract

[CPBG] and acceptance of the same by the NLCIL.
iii execution of the contract agreement by both parties.

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4.2 Submission of bills for service charges
a) The Service charge is payable for the actual realization of sale proceeds and
the forfeited Pre-Bid EMD‟s/Initial payment of the defaulters etc.,
irrespective of the quantity of the material, number of e-Auctions conducted.
This shall be paid along with applicable GST and other statutory charges on
GST within 30 days from the date of receipt of service charge bill. Pre-Bid
EMD to be transferred to NLCIL account on the next day of the ETEA.
b) The payment shall be made by direct remittance from NLC INDIA LIMITED‟s
Bank to the Bankers of the service provider.
c) Document for making payment

The Service Charge Invoices - original + 2 copies may be sent as given below.
1. GM/Disposal – For all scrap.
2. The CEO/NTPL, Tuticorin - For all scrap of NTPL Thermal unit
3. The Project Head, Barsingsar Project – For all scrap of Barsingsar

Thermal unit.
4.Other joint ventures of NLCIL as applicable.
5.0 DIRECT TAX (INCOME TAX):

NLC INDIA LIMITED shall not be liable towards income tax of whatever nature
including variations, arising out of this Contract, as well as tax liability of the
service provider and his personnel. Deduction of tax at source at the
prevailing rate shall be effected by the NLC INDIA LIMITED before remittance
as a statutory obligation. The Certificate for the tax deducted at source shall be
furnished by the NLC INDIA LIMITED indicating the amounts deducted along
with the photo copy of the tax remittance to Income Tax Department.
6.0 TAX DEDUCTION AT SOURCE (TDS):
Income tax:-
TDS towards Income Tax will be deducted at such rates from the bills payable
to the contractor as per the prevailing Statutory Rules.
Tax deduction at source and Tax collected at source will be made for other
statutory levies as per law.
The contractor should indicate the GST Registration Number (GSTIN) in

Annexure-I.
The Contractor should indicate the Permanent account number allotted to him
by the Income Tax Department.
NLC INDIA LIMITED shall have the right to deduct any amount
required to be deducted under any law enacted by Govt. for the time
being in force from the due payments. GST-TDS towards GST as per applicable
Law will be effected.
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7.0 Enforcement of Terms:
7.1 The omission or failure of either party to enforce at any time any of the
provisions of this Contract or any rights in respect thereto or to exercise
any option herein provided, shall in no way be construed to be a waiver of
such provisions, rights or options or in any way to affect the validity of the
Contract. The exercise by either party of any of its rights herein shall not
preclude or prejudice either party from exercising the same or any other right
it may have hereunder.
7.2 The provisions of this Agreement are severable. Should any portion of this
Agreement be found to be invalid or unenforceable by a court of competent
jurisdiction, the remainder of this Agreement shall remain in full force and
effect and all other provisions shall be valid and enforceable to the fullest extent
permitted by law. The parties shall, to the extent possible, negotiate in good
faith to replace the invalid or unenforceable clause by an agreed stipulation
which is in accordance with the applicable law and which shall be as close as
possible to the original intent of the parties.
8.0 Contractor‟s Default:
8.1 If the Contractor omits or neglects to execute the `Works' with due diligence
and expedition, or refuses or neglects to comply with any reasonable orders
given to him, in writing by the NLCIL in connection with the `Works', or
shall contravene any provisions of the `Contract', the NLCIL may give notice in
writing to the Contractor requiring the Contractor to cure such omission,
failure, neglect or contravention complained of, within fifteen (15) days and
should the Contractor fail to cure the omission, failure, etc to the satisfaction
of the NLCIL within the stated period or extensions if any granted, the NLCIL
may (i) employ other person /persons and have such part of the work as the
Contractor has omitted, failed, etc to perform, executed, or (ii) where the
NLCIL considers it fit and necessary, without prejudice to any other right that
NLCIL may have under the `Contract', take the `Works' wholly or in part
out of the Contractor`s hands and re-contract in such manner as is
considered fit.
9.0 Suspension of Work:
9.1 The NLCIL may suspend the work in whole or in part at any time during the
period of exigencies by giving notice to the contractor in writing to such effect
stating the nature, the date and the anticipated duration of such suspension
with or without citing reasons there of.
9.2 On receiving the notice of suspension as above, the Contractor shall stop all
such work which the NLCIL has directed to be suspended with immediate
effect.
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9.3 The NLCIL may at anytime revoke the suspension notice for the whole or any
part of suspended work, by giving written notice to the Contractor specifying
the part of work to be resumed and the effective date of revocation of
suspension. The Contractor shall resume the suspended work as expeditiously
as possible (not later than a week) after receipt of such notice of revocation of
suspension.
9.4 Short Closure: The Contract may be short closed at any time during Contract
period due to special circumstances after due notification. Payment due to the
Contractor for the works done by him till such time will be made.
10.0 Termination of Contract:
10.1 The NLCIL reserves the right to terminate the Contract either in part or in
full due to reason other than those mentioned under clause 14.0. The NLCIL
shall, in such an event, give 15 (fifteen) days notice in writing to the Contractor
of its decision to do so.
10.2 The Contractor upon receipt of such notice shall discontinue the work on the
date and to the extent specified in the notice, make all reasonable efforts to
obtain cancellation of all orders to the extent they are related to the work
terminated.
10.3 In the event of such a termination, the Contractor shall be paid compensation,
equitable and reasonable dictated by the circumstances prevalent at the time
of termination. No consequential damages shall be payable by the Purchaser
to the Contractor in the event of termination.
10.4 If the Contractor is an individual or a proprietary concern and the individual

or the proprietor dies, or if the Contractor is a partnership concern and one
of the partners dies, then unless the NLCIL is satisfied that the legal
representatives of the individual Contractor or the Proprietor of the
proprietary concern and in the case of partnership, surviving partners, are
capable of carrying out and completing the Contract, the NLCIL shall be
entitled to cancel the remainder of the Contract without being in any way
liable to payment of any compensation to the estate of deceased
Contractor and/ or to the
surviving partners of the Contractor's firm on account of the cancellation of
the Contract. The decision of the NLCIL that the legal representatives of the
deceased Contractor or surviving partners of the firm cannot carry out and
complete the Contract, shall be final and binding on the parties. In the event
of such cancellation the NLCIL shall not hold the estate of the deceased
Contractor and/ or the surviving partners of the estate of the deceased
Contractor and/ or the surviving partners of the Contractor's firm liable to
damages for not completing the Contract. Cancellation of the remainder of the
Contract in terms of this clause shall not affect the right/liability of the legal
representatives of the deceased Contractor or the surviving partners of the
firm, as respects sums due to or payable by the Contractor, as on the death of
the Contractor / partner, as the case may be.
11.0 Deductions from Contract Price:
11.1 All costs, damages or expenses which NLCIL had incurred due to default,
negligence, failure of the Contractor in performing his obligations agreed in the
50

contract, for which the contractor is liable, shall be claimed by NLCIL. All such
claims shall be billed by NLCIL to the contactor regularly as and when they fall
due. Such bills shall be supported by appropriate and certified vouchers or
explanations, to enable the Contractor to properly identify such claims.
11.2 Such claims shall be paid by the Contractor within (30) thirty days of the
receipt of the corresponding bills and if not paid nor any objection received
from the Contractor within the said period, NLCIL shall then recover / deduct
the amount, from any amount due or becoming due to the Contractor.
11.3 The Purchaser reserves the right to recover any demand made on the
Purchaser by any statutory authorities.
12.0 Amendment:
12.1 Any amendment to the terms of this Contract (including Schedules &
Annexures) shall be made in writing by both parties hereto and shall
specifically state that it is an amendment to this Contract.
12.2 No amendment as per above Clause shall have any effect until the Purchaser
has received such consent in writing (including that of the Contractor) as may
be necessary under and in terms of the loan/financial Agreements.
13.0 Notices:
13.1 All notices under this Contract shall be given in writing and shall be deemed
sufficiently given when delivered either in person or by telegram, fax or by
registered mail addressed to the other party at its address set-forth in the
contract agreement with a copy to the nominated representative at site.
13.2 If any such notice is delivered by hand, it shall be duly acknowledged and if
given by telegram, fax it shall be confirmed by Registered Letter within seven
days of the date of such notice. Either party shall by notice in writing inform
the other party of any change of its address as stated under Clause 13.1 for
receiving such notices.
13.3 Date of notices under Clause- 13.1 shall be the date of receipt of such notice by
the receiving party.
14.0 PENAL ACTIONS
(i) Suspension: If the performance of any contractor is found to be

unsatisfactory or if the conduct is under suspicion or in the event of any
breach of the conditions committed by the contractor or his
collaborator/associate/agent, will lead to suspension of the Contractor.
Suspension will be for a period of 6 (Six) months.
(ii) Banning for (1) one year: Performing substandard works and failure
to rectify the same even after reasonable time is given to the contractor
will lead to Banning for (1) one year.
(iii) Banning for (2) years: Any of the following acts will lead to Banning of a
bidder/contractor for (2) Two years.
(a) Formation of cartel with other contractors with a view to artificially hike the
price.
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(b) Wilful suppression of facts or furnishing of wrong information or

manipulated/forged documents or using other illegal/unfair means.
(c) If the Contractors are found guilty involving in malpractices like Bribery,
Corruption, etc. or are convicted for offences involving moral turpitude in
relation to business dealings or security considerations including loyalty to
the State or Country or the Contractor continuously refuses to return NLCIL
dues without showing adequate clause and the NLC India Limited is satisfied
that this is not due to a reasonable dispute which would attract proceedings
in Arbitration or Court of Law.
(d) If the Bidder withdraws/modifies/impairs derogates his offer on his own after
tenders are opened or fails to accept the LOA/fails to submit CPG/SD.
Any firm which is placed under Suspension/Banning by NLCIL, will not be
allowed to participate in any tender issued on or after the date of
suspension/banning order and also if that firm has already participated in
any tender, which is under process their bid will not be considered for further
processing.
15.0 Resolution of Disputes and Arbitration:

DISPUTE RESOLUTION
The Successful Bidder only can involve conciliation/arbitration, that too only
after award of Contract. Other Bidders cannot invoke conciliation/
arbitration at any stage.
I) Informal Dispute Resolution
If any dispute between the Contractor and NLC India Limited arises, it
shall in the first instance be referred in writing to the NLC India Limited,
who shall endeavour to resolve the dispute amicably and render a decision
within 30 days. The period of 30 days shall be reckoned from the date of
receipt of intimation of the dispute by the NLC India Limited.
Save as hereinafter provided, in respect of a dispute so referred, the
decision of the NLC India Limited shall be final and binding upon the
Parties until the completion of the Contract and shall forthwith be given
effect to by the Contractor who shall proceed with the Contract with all due
diligence, whether or not either Party has sought Conciliation/Aarbitration of
the dispute as hereinafter provided.
The Parties agree to use reasonable efforts to resolve all disputes equitably
and in good faith.
For CPEs and Governments/Organisations (excluding disputes

concerning Railways, Income Tax,Customs & Excise Departments):
If an amicable settlement could not be reached then all the
disputes/differences shall be settled as per Administrative Mechanism for
Resolution of CPSEs Dispute (AMRCD) as mentioned in DPE OM No.
4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018 for CPEs and Government
Departments/Organizations (excluding disputes concerning Railways, Income
Tax, Customs & Excise Departments.
52

For Other Contractors:
II) Conciliation:
1) If the party is dissatisfied with the decision rendered by NLC India
Limited, or if NLC India Limited omits or declines to render a render a
decision within the said period of 30 days, then within a further period of 30
days, the dissatisfied Party shall require by a notification that the dispute
be referred to Conciliation in the manner as per the „NLCIL Conciliation
Rules‟, copy of which is available with the NLCIL and the Bidders/
Contractors shall abide by the NLCIL Conciliation Rules‟ for resolving any
dispute arising out of this contract. Such a notification shall be in writing
and it shall be duly served on the other party. Failure to invoke the
Conciliation within the time stipulated shall ban the party from seeking
reference to Conciliation.
2) Except as otherwise provided in this clause, any dispute arising
out of or relating to this agreement, or the breach, termination or
validity thereof, shall be settled by Conciliation in accordance with „NLCIL
Conciliation Rules‟. The Conciliation shall be held at Neyveli /
Chennai/Tuticorin/Barsingsar or in a place with in India mutually agreed by
the parties. The Conciliation proceedings shall
be conducted, and the award shall be rendered in English. The award shall
state the reasons upon which it is based.
3) Appointment and Number of Conciliators will be as follows:

Number of Conciliators:
For the sum of Provisional Claim & Provisional Counter Claim
 Up to Rs. 3.0 Crores: One Conciliator
 More than Rs.3.0 Crores: Three Conciliators
The Provisional Claim / Counter claim amount shall be indicated by the
respective parties while initiating / concurring for conciliation. However,
number of conciliators in the Settlement Advisory Committee will not be
modified, even if the Sum of Actual Claim and Actual Counter Claim amount
vary from the sum of Provisional Claim and Counter Claim amounts.
Appointment of Conciliators:
Conciliator(s) will be appointed by CMD of NLC India Limited.
4) The Contract agreement / Purchase order conditions and the rights and
obligations of the Parties, shall remain in full force and effect during the
Conciliation proceedings. Supplies and / or services under the Contract
shall, if reasonably possible, continue during the Conciliation proceedings.
5) For the purpose of this clause, the term „dispute‟ shall include a demand
or difference of any kind whatsoever, arising out of the Contract and
respecting the performance of the Contract, whether during the Contract
period including extensions if any, and whether before or after termination,
abandonment or breach of the Contract. (except as to any matter, the
decision of which is specifically otherwise provided for in any of these
conditions).
6) Only in case of failure to resolve the dispute through Conciliation,

Arbitration can be resorted to.
53

7) Once the settlement agreement is signed with respect to a dispute, the

same dispute is not subject to further appeal through Arbitration or Judicial
Proceedings.
8) Anything not found included in the „NLCIL Conciliation Rules‟, but

necessary to conduct the conciliation proceedings will be dealt with as per
the provisions of the „Arbitration and Conciliation Act 1996 -Part-III‟ or as per
the statutory provisions modified from time to time.
9) Setting aside the dispute to be resolved, the work shall be proceeded with.
III) Arbitration :
If the dispute is not resolved amicably through conciliation, then the same be
referred to Arbitration.
1. Arbitration shall be as per Arbitration and Conciliation Act 1996, which

shall be applicable only for the dispute(s) involving claims from 25 Lakhs to
20 Crores.
2. Dispute(s) involving claims below 25 Lakhs are subject to the jurisdiction of

the respective civil court having jurisdiction over the place of
works/supply/service. Dispute(s) involving claims over 20 crores are subject
to the exclusive jurisdiction of the court situated at Chennai.
3. Setting aside the dispute to be resolved, the work shall be proceeded with.
4. For the sum of Provisional Claim & Provisional Counter Claim:

Upto Rs.3.0 Crores : One Arbitrator
More than 3.0 Crores : Three Arbitrators
5. The Provisional Claim/counter claim amount shall be indicated by the

respective parties while initiating/concurring for Arbitration.
6. However, number of Arbitrators will not be modified, even if the sum of

Actual Claim and Actual Counter Claim amount vary from the sum of
Provisional Claim and Counter Claim amounts.
7. The Sole Arbitrator to be appointed for the dispute with sum of provisional
claim and provisional counter claim upto Rs. 3.0 Crores, will be appointed by
NLCIL.
8. For the disputes with sum of provisional claim and provisional

counterclaim more than Rs. 3.0 Crores: The Arbitration shall be conducted by
3(Three) Arbitrators, one each nominated by each party and the third
Arbitrator appointed by both the Arbitrators.
9. The Arbitration shall be conducted in accordance with the provisions of

Arbitrations and Conciliation Act 1996 and its Amendments, if any, issued
from time to time.
10. The Venue of the Arbitration shall be Chennai or Neyveli.
11. The Arbitrators shall publish a speaking award which shall be binding on
both the parties. The party in whose favour the award is passed, shall be
entitled to recover the entire costs of Arbitration from the other party. The
Arbitrators shall indicate the above clearly, in their award.
54

12. In case of Conciliation/Arbitration invoked with respect to certain

disputes, payment to the contractor can be released for the items which are
not under the referred Conciliation/Arbitration.
16.0 Completeness of the Contract:
16.1 The Contractor shall expressly undertake full responsibility as per Scope of
work and the terms of the Contract.
17.0 Grafts and Commission:
17.1 Any graft, commission, gift or advantage given promised or offered by

on behalf of the Contractor or his partner, agent, officers, Director,
employee or servant or any one on his or their behalf in relation to the
obtaining or to the execution of this or any other Contract with the
Purchaser, shall in addition to any criminal liability which may it incur,
subject the Contractor to the cancellation of this and all other Contracts and
also the payments of any loss or damage to the Purchaser resulting from
any cancellation.
The Purchaser shall then be entitled to deduct the amounts so payable from
any monies otherwise due to the Contractor under the Contract.
18.0 Certificate not to affect right of Purchaser and Liability of Contractor:
18.1 No interim payment certificate of the Purchaser nor any sum paid on
account by the Purchaser nor any extension of time for execution of the
`works' granted by the Purchaser shall affect or prejudice the rights of the
Purchaser against the Contractor or relieve the Contractor of his
obligations for the due performance of the Contract or be interpreted as
approval of the `Works' done or of the equipment furnished and no
certificate shall create liability in the Purchaser to pay for alterations
amendments, variations or additional `Works' not ordered in writing, by
the Purchaser or discharge the liability of the Contractor for the
payment of damages whether due, ascertained, or certified or not or any
sum against the payment of which he is bound to indemnify the Purchaser
nor shall any such certificate nor the acceptance by him of any sum paid
on account or otherwise affect or prejudice the rights of the Contractor
against the Purchaser.
19.0 Insolvency, Liquidation and Bankruptcy Etc.:
19.1 In the event of death of the Contractor, or dissolution, bankruptcy, insolvency

or any receiver being appointed with respect to the Contractor‟s business or
any assets thereof with his Creditors, or in the event of commencement of
wind up proceedings, not being a member's voluntary winding up for the
purpose of amalgamation or reconstruction, or carry on its business under a
Receiver for the benefits of its Creditors or any of them, the NLCIL shall be at
liberty: -
a. to terminate the Contract forthwith upon coming to know of the

happening of any such event as aforesaid by notice in writing to the
Contractor or to the Receiver or Liquidator or to any person to whom
the Contract may become vested to, or
55

b. to give such Receiver, Liquidator or other person the option of carrying

out the remainder of the Contract subject to such conditions as may be
specified by the NLCIL, including provision of a Bank Guarantee upto
an amount to be agreed for the due and faithful performance of the
Contract.
19.2 In the event of the occurrence of any of the triggering events mentioned in
Clause 20.1, the Contractor shall notify the NLCIL as soon as practicable with
full disclosure of details.
20.0 Power to vary or Omit:
20.1 No alterations, amendments, omissions, suspensions or variations of the

works (hereinafter referred to as `variation') under the Contract as detailed
on the Contract documents shall be made by the Contractor except as
directed in writing by the NLCIL and the NLCIL shall have full power to
make by notice in writing to the Contractor, and subject to the provision
hereinafter contained, such variations or alteration as are necessary from
time to time for the completeness of the Work and
without prejudice to the terms of the Contract. The Contractor shall carry
out such variations or alterations and be bound by the same conditions as far
as applicable as though the said variations or alterations are included in the
Contract documents. In the event any of the suggested variations or
alterations would, in the opinion of the Contractor, if carried out prevent him
from fulfilling any of his obligations or guarantees under the Contract, he
shall notify the NLCIL thereof in writing and the NLCIL shall decide
forthwith whether or not, the variations or alterations shall be carried out
and such decision shall be final. Any agreed difference in cost occasioned by
any such variations or alterations shall be added to or deducted from the
Contract price as the case may be.
20.2 In the event of the NLCIL requiring any variations or alterations, such
reasonable and proper notice shall be given to the Contractor to enable him to
work his arrangements accordingly and in cases where goods or materials are
already prepared or any design, drawings, or pattern made or work done
require to be varied or altered, a reasonable and agreed sum in respect thereof
shall be paid to the Contractor.
20.3 In all cases in which the Contractor has received instruction from the NLCIL
as to the requirement of carrying out the varied, or altered, or additional or
substituted work which will in the opinion of the Contractor, involve a
claim for additional payments, the Contractor shall immediately and in no
case later than 10 days after receipt of the instructions advise the NLCIL to
that effect. But the NLCIL shall not become liable for the payment of any
charges in respect of any such variations or alterations, etc, unless the
instructions for the performance of the same shall be confirmed in writing by
the NLCIL within 10 days of such advice after mutual discussion and
agreement.
20.4 If any variations or alterations in the works result in reduction of Contract

Price the parties shall agree so in writing to the extent of any change in the
Contract Price before the Contractor proceeds with the change.
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21.0 Defence of Suit:
21.1 If any action or proceedings are brought against the NLCIL or any officer, or
agent or representative of the NLCIL, before any court or such like forum, for
the failure, omission or neglect on the part of the Contractor to perform any
acts, matters, covenants or things under the Contract, or for damage or
injury caused by the alleged omission or negligence on the part of the
Contractor, his employees, representatives, or in connection with any claim
or demands made by representatives, workmen, suppliers or employees of
the Contractor, the Contractor shall in all such cases indemnify and keep the
NLCIL and/or their officers, or agents or representatives harmless from all
losses, damages, expenses or decrees arising out of such action or
proceedings.
21.2 Notwithstanding the above, the NLCIL shall have full power and right at their
discretion to defend or compromise any suit or pay claims or demands
brought or made against them as aforesaid whether pending or
threatened, as the NLCIL may consider necessary or desirable and shall be
entitled to recover from the Contractor, by way of setting-off from bills or
otherwise, all sums including the amount of damages and compensation and
all legal costs, charges and expenses in connection therewith and the
decision of the NLCIL to so defend or compromise shall not be called into
question by the Contractor and shall be final and binding upon the parties. If
the NLCIL decides to so defend or compromise any suit or proceedings, the
Contractor will be kept advised before initiating such action by the NLCIL.
22.0 Contract Documents:
22.1 The Contract Documents shall mean and include the following, which are all
deemed to form an integral part of the Contract.
22.2 Invitation to Bid, Bid documents, Instructions to Bidders, General commercial

Conditions, Technical and Special Conditions of Contract.
22.3 Exchange of correspondence of clarifications.

22.4 Letter of Award.
22.5 In the event of any conflict among the above documents, latest document shall
prevail.
23.0 Manner of execution of contract:
23.1 The NLCIL after the acceptance of `Letter of Award' by the Contractor will send
one copy of the Draft Contract to the Contractor for his scrutiny and approval.
23.2 The Contract shall be signed within 90 days from date of “Letter of Award” on
a date and time to be mutually agreed.
23.3 The Contract will be signed in two originals and the Contractor shall be
provided one signed original and the other will be retained by the NLCIL.
23.4 Subsequent to signing of the `Contract` the Contractor at his cost shall provide
the NLCIL with scanned soft copies of the signed Contract complete with all
enclosures within sixty (60) days after the date of signing of the Contract.
57

24.0 Jurisdiction
24.1 This Contract agreement shall be executed at Neyveli. The Civil Courts having
ordinary original civil jurisdiction over Neyveli alone shall have exclusive
jurisdiction in respect of any matter arising under the Contract and parties
hereby waive jurisdiction of any other courts.
25.0 Governing Laws and Regulations:

25.1 The Contract shall be governed and construed according to the Indian Laws
and Regulations in force from time to time.
58

SECTION – G
59

1.0 SCOPE OF WORK:

The tenderer (Auctioner/e-Portal Service Provider) has to carry out the
following works/services.
1) The e-Portal Service Provider, should conduct e-tender cum e-auction for sale
of Iron, Steel (ferrous) and non-ferrous Scraps including rejected/
2) Shall have a registered vendor base capable of purchasing the above

materials by participating in the e-tender cum e-auctions.
3) Should have their own portal without any interruption or breakdown for
conducting the e-tender cum e-auction.
4) NLC INDIA LIMITED shall issue a Work Order/Materials List mentioning the
details of material to be sold which may contain inter alia quantity,
specifications, special terms & conditions if any etc.,
5) The tenderer shall prepare detailed Notice Inviting Bid (NIB), Instruction to
Bidders and evaluation criteria including instructions for e-tender cum e-
auction.
6) The tenderer shall provide soft copy /hard copy of detailed NIB and Tender
Document to NLCIL.
7) The tenderer shall host detailed NIB and Tender Document including the
material particulars in their own e-portal. The tenderer should not outsource
or sub-let or sub-contract any part of the work.
8) News Paper Advertisement: The tenderer need not give Press

Advertisement.
9) The tenderer (E-Portal service provider) shall adopt a bidding system with
e-tender- cum e-auction which shall be open to all interested bidders those
who are registered with the service provider . The tenderer shall provide “View
on only” facility to authorized users of NLCIL on their e-web portal to view the
auction during auctioning process and after auctioning and also provision for
downloading the documents like comparative statements, bid sheets etc.,
10) After conclusion of e-tender cum e- auction, the final highest bid shall be
identified after considering the e- tender and e-auction. Service provider shall
advise NLC INDIA LIMITED and re-process or re-tender, if necessary, without
any cost implications to NLCIL till the Lot is sold.
11) The highest bid received in the e-tender and e-Auction (in the order of H1, H2,
H3 ….) shall be forwarded to NLC INDIA LIMITED for their acceptance.
12) To collect the Pre-bid EMD for the applicable auctions and transmit the pre-
bid EMD of the H1 bidder to NLC India Limited bank Account as per norms
and return the rest to the bidders.
60

13) To Issue of bid sheet, bid history after close of the e-Auction through soft and
hard copy to NLCIL.
14) To issue Sale Intimation Letter to NLCIL and H1 bidder by way of soft (e-Mail)
and hard copy.
15) To collect the EMD/Initial Payment as applicable from the H1 bidders and to
remit the same to the Bank Account of NLCIL Accounts Centre through
NEFT/RTGS. The EMD of unsuccessful bidders will be refunded forthwith.
For the STA Lots, retaining the EMD till approval is received from NLCIL.
16) For Hazardous waste materials, verifying the necessary validity of Statutory
Documents before allowing the bidders to participate in the auction and
intimate the successful bidders to produce the originals to NLCIL for issue of
delivery order along with attested Xerox copy of the same for NLCIL records.
17) The special terms and conditions (STC) given by NLCIL may be incorporated
along with the auctioneer‟s general terms and conditions.
18) To furnish a comparative statement report after every E-tender cum E-Auction
regarding the ongoing/prevailing market trend and sold rates for scrap
materials.
19) To issue the Acceptance letter/ Sale order to the NLCIL and H1 bidder
through e-Mail and hard copy.
20) To furnish, service charge bill/invoice for successful lots and EMD forfeited
lots.
21) The tenderer‟s General Terms and Conditions (GTC) and Buyers Specific
Terms and Conditions (BSTC) for e-tender cum e-auction shall be furnished to
NLCIL and got vetted, which shall be used for all NLCIL e-tender cum e-
auctions.
22) The Auctioneer shall not sublet, transfer or assign the contract fully or any
part thereof, to any other party without the written permission of the NLCIL.
Notwithstanding any such permission to sublet the work, the Auctioneer shall
always be responsible for the due fulfilment of the contract.
23) The tenderer shall have an office at southern Region preferably in Tamilnadu
to co-ordinate with NLC India Ltd and vendors.
24) The work shall be carried out as directed by the officials of Disposal Dept/
NLCIL.
25) Service Provider shall follow the CVC guidelines and statutory guidelines
during the tender process.
26) NLCIL shall not be a party to the contract between Service provider and the
Bidder.
61

2.0 SYSTEM REQUIREMENTS OF TENDERER (E- PORTAL PROVIDER):
i) The e-tender cum e-auction software and services offered by the bidder should
follow the guidelines for compliance to quality requirements of e-
procurement/e-auction systems issued by Department of Information
Technology, Government of India.
ii) The e-tender cum e-auction software and services offered by the e- portal
service provider should be compliant with Guidelines of CVC IT Act, 2010.
iii) The e-tender cum e-auction software and technology offered by the e-portal
service provider should be certified software (renewed up to date) from STQC,
Department of Information Technology, and Government of India. ISO
certification (ISO 9001 & ISO 27000) of the e platform would be an added
advantage.
iv) The service provider should have their own portal for e platform and should
possess IPR for the platform.
v) The service provider should not out source or sublet or subcontract any part of
the work.
vi) The e-tender cum e-auction services offered by the e- portal service provider
should support conducting e tenders of all types i.e. tenders for goods
/material/ works and services.
vii) The e-tender cum e-auction services offered by the e- portal service provider
should support flexible bidding methodologies like e procurement and e
auction multi stage multi envelope sealed bidding.
viii) The e-tender cum e-auction services offered by the e-portal service provider
should support hybrid functioning i.e. it can handle both electronic bids as
well as manual bids for the same tender, if required.
ix) The e-tender cum e-auction services offered by the e-portal service provider
should support maintaining time stamping and detail audit trail logs
(untamperable log files) of all activities/events on the portal.
x) The e-portal service provider should have their own data centre with disaster
recovery server and provide 24x7 technical support / manning of server for
uninterrupted business.
xi) The firm offering the services should have copy right of their e-portal.
62

ONLINE FORMS
63

Online Forms
I. QUALIFICATION REQUIREMENT FORM
1. QUESTIONNAIRE ON PRE QUALIFICATION REQUIREMENTS
Sl. Bidder
Description
No Response
The bidder should be in the line of conducting e-Tender-cum-e-
auction with their own e-Portal for the sale of Scrap materials,
1.
Hazardous waste materials for the last Two years prior to the
original scheduled date of tender opening.
The bidder should have successfully completed E-Tender-cum-E-
auction for the disposal of scraps including Hazardous waste
materials with their own e-Portal for a minimum service charge
2. value of Rs.38.70 Lakhs including GST during the last two
years period in single/two/three contract(s)/agreement(s) to any
Govt/PSU/Quasi Govt/Public Limited Companies as on original
scheduled date of tender opening
The bidder should have vendor base for the sale of Scrap
3. materials and hazardous waste materials with at least 5 vendors
of scrap and at least 5 vendors of hazardous waste materials.
The system of the Service Provider (bidders) should be able to
4. accommodate the buyer to go for e-Tendering along with or
without participation in e-Auction.
The E-auction software and technology offered by the e-portal
service provider (bidders) should be certified software (renewed
5.
up to date) from STQC, Department of Information Technology,
and Government of India.
For PQR 1: Documentary evidences in the form of Company
Registration Certificate / License /any other relevant documents.
For PQR-2: Documentary evidences in the form of copies of
Agreement/Letter of Awards, (LOA‟s) and also proof for having
executed the order for the value in PQR 2, like completion
certificate issued by the customer etc, shall be furnished along
with the bid to satisfy the PQR.
For PQR-3: The bidders shall furnish a self-attested list of
vendors registered with them for purchase of at least 5 vendors
of scrap and at least 5 vendors of hazardous waste materials
with their Authorisation details of Pollution Control Board.
For PQR-4: The bidders shall furnish documentary evidences in
the form of copies of Bid History shall be furnished along with
the bid to satisfy the PQR.
For PQR-5: The bidders shall furnish copy of the valid STQC
Certificate along with the bid to satisfy the PQR.
Note: If the bidder has previously carried out ETEA of scrap and
Hazardous waste for NLCIL, the bidder has to mention the
agreement number and the amount of service charge claimed in
the agreement meeting the PQR conditions and the bidder will be
qualified on PQR basis, based on the past performance with
NLCIL.
64

2. IMPORTANT TENDER DOCUMENTS
Bidder
Sl. Response
DESCRIPTION
No (Whether
Enclosed)
1. Cost of Tender Document paid.
2. EMD payment details
3. AFFIDAVIT (as per format enclosed).
4. Up Load Digitally Signed Affidavit.
5. Integrity pact.
65

II. TECHNICAL FORMS
1. TECHNICAL FORM
Sl. BIDDER'S
DESCRIPTION
No RESPONSE
Please confirm acceptance of the Scope of Work stipulated in the

1.
tender document?
Please confirm acceptance of the time schedule stipulated in the
2.
tender document?
66

2. SYSTEM REQUIREMENT FORM
Sl. BIDDER‟S
DESCRIPTION
No RESPONSE
Do you have valid Certified Software from STQC, Department of

1. Information Technology, Government of India indicated under the
heading “System Requirement of Tenderer (e-Portal Provider)”.
2. Upload valid STQC Certificate
3. TECHNO-COMMERCIAL CONDITIONS FORM
S. DESCRIPTION BIDDER'S
No RESPONSE
1.0 I/We hereby undertake to confirm the acceptance of NIB Conditions

stipulated in the tender document without any deviation.
2.0 I/We hereby undertake to confirm the acceptance of Techno-
Commercial Conditions consisting of Special Conditions if any,
Instruction for submission of Online Bids through e-tender,
Instructions to Bidders, General Conditions, Terms and Conditions
and Procedure of Reverse Auction etc., stipulated in the tender
document without any deviation.
3.0 I/We hereby undertake to confirm the acceptance of time schedule
stipulated in the tender document for this tender.
4.0 I/We hereby undertake to confirm that I/We have read and
understood all the contents of the Tender Schedule(Price Schedule)
67

III. COMMERCIAL FORMS
1. PAN & GST DETAILS
BIDDER‟S
Sl. No DESCRIPTION
RESPONSE
1. Name of the Bidder.
2. Complete Postal Address.
3. Permanent Account Number (PAN).
4. Upload PAN.
5. E-mail ID.
6. Phone Number.
7. Mobile Number.
8. GSTIN Number.
9. Upload GSTIN.
Party Code (If already registered with NLCIL for
10.
e-Payment.
68

2. E-PAYMENT DETAILS
BIDDER‟S
Sl. No DESCRIPTION
RESPONSE
1. Name of the Individual/Company/Firm with Address.
2. Bank A/c No.
3. Type of Account.
4. Name of the Bank.
5. Name of the Branch with Address.
6. Branch Code.
7. IFS Code (For NEFT/RTGS) payment.
8. Telephone No- Bank.
9. E-mail ID- Bank.
10. PAN Card No. (Bidder).
11. Authentication from Bank obtained.
Upload scanned copy of Authentication from Bank.
69

3. RATE OF GST
BIDDER‟S
Sl. No DESCRIPTION
RESPONSE
GST is payable extra as applicable. However, the bidders

1.
have to mention the percentage of GST on Service Charges.
2. Percentage of GST on service charges
4. SCHEDULE OF PRICES
BIDDER‟S
Sl. No DESCRIPTION
RESPONSE
The e-Portal Service Provider, should conduct e-tender

cum e-auction for sale of Iron, Steel (ferrous) and non-
ferrous Scraps including rejected/ condemned/ obsolete/
secondary arising as well as surplus obsolete store, (In
1.
equipment, miscellaneous articles and Hazardous waste percentage)
materials and other materials of all units of NLC India
Limited including its subsidiaries, undertaking, joint
venture, situated anywhere in India
Applicable GST on service charges in Percentage
70

Specification Tender No 2223000833

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Disposal Department/MM

NLC India Limited, Neyveli

NLC INDIA LIMITED

PRESS TENDER ENQUIRY

Tender No. NLCIL/GM/DISPOSAL/SA/PTE/2022-23/2023, Dt.10-01-2023

This Document has been digitally signed.

This Document has been digitally signed.

This Document has been digitally signed.

Sl. Description Page No.

This Document has been digitally signed.

NLC INDIA LIMITED

OFFICE OF THE CHIEF GENERAL MANAGER / DISPOSAL

1. NOTICE INVITING BIDS

2 Cost of Tender Document Rs. 2,000/-

3 EMD Amount Rs. 3,90,000/-

For tender documents/details, please visit “Tenders” menu in NLCIL website

This Document has been digitally signed.

This Document has been digitally signed.

Documentary evidences to be furnished along with the Bid. The bidder

This Document has been digitally signed.

INSTRUCTION TO BIDDERS FOR SUBMISSION OF ONLINE BIDS

This Document has been digitally signed.

INSTRUCTION TO BIDDERS FOR SUBMISSION OF ONLINE BIDS THROUGH

1.0 Pre requisites for accessing NLCIL Website

All bids, including all attachments / enclosures shall be prepared in

Operating system: Windows 7 & above.

Web browser: Google Chrome or Firefox or Edge or Internet Explorer 11 or

For Software /System Requirements, Bidders may also refer to NeAT

Bidder should have a legally valid CLASS III Digital Certificate.

This Document has been digitally signed.

However, Bidders who have already enrolled/registered in NLCIL e-

3.0 Payment of Tender Fee

Bank Details State Bank of India

This Document has been digitally signed.

4.0 Bidding Process

This Document has been digitally signed.

The responsibility of downloading the related corrigendum, if any, will be that

5.0 Process of e-Tender:

Cover-I: The bidders shall submit.

i) (a) The details of payment of Cost of Tender Document.

(b) EMD payment details.

(c) PQR Documents.

(f) Techno-Commercial offer.

Note: The price should not be revealed at any place in Cover-1.

Cover-II: Prices to be quoted in Cover-II

(a) The details of payment of Cost of Tender Document.

In this regard, a CHECK LIST (format enclosed as in Annexure-D) to be filled

iv) The b i d d e r s w h o g e t q u a l i f i e d o n t e c h n o -commercial a s p e c t s i n

This Document has been digitally signed.

This Document has been digitally signed.

This Document has been digitally signed.

2.0 ABOUT NLCIL

The NLC INDIA LIMITED (formerly Neyveli Lignite Corporation Limited) is a

This Document has been digitally signed.

excluding 1000 MW at NTPL. Increasing the capacity under renewable energy

3.0 APPROACH TO NLCIL

4.0 EARNEST MONEY DEPOSIT (EMD):

5.0 SCOPE OF WORK:

3) Should have their own portal without any interruption or breakdown or

This Document has been digitally signed.

This Document has been digitally signed.

18) To furnish a comparative statement report after every e-Auction regarding

6.0 TENDER DOCUMENTS :