(Under Jurisdiction of Nagpur Court only) - Western Coalfields Ltd ...

OFFICE OF THE GENERAL MANAGER (MM)
MATERIAL MANAGEMENT WING
COAL ESTATE, CIVIL LINES,
NAGPUR-440 001
(Under Jurisdiction of Nagpur Court only)
WESTERN COALFIELDS LIMITED
PH.PBX. 0712-2511381, 2524382, 2511383
FAX NO. 0712-2510284
WEBSITE ; westerncoal.gov.in
E MAIL : gmmm.wcl@coalindia.in
NGP/WCL/MMW(HQ)/S&D/SP/P-40/10-11/2258 Date : 6.12.2010
To
M/s. MJunction Services Ltd.,
Godrej Water Side, 3 rd floor, Tower -1
Plot V, Block – DP
Sector –V, Salt Lake
KOLKATA – 700091.
Dear Sir,
BY REGISTERED POST
Sub : Appointment of Service Provider for Disposal of Scrap Material
Through E.Auction.
Ref : 1.Our Tender No. NGP/WCL/MMW/SP/P-040/10-11 opened on 20-08-10
2.Your offer no. Nil dated 18-08-2010.
3.Our letter no. WCL/NGP/MMW/P-40/10-11/1641 dt. 21/09/2010.
4.Your letter no. Nil dated 23-09-2010 and dt.29/09/2010
With reference to above, we are pleased to appoint you as service provider for
disposal of scrap material through e.auction on the following terms and conditions:
1. Scope –. This Agreement is for the disposal /sale of scrap, rejected/obsolete materials,
unserviceable Plant and Machineries, surplus stores/spares and miscellaneous articles
available at different locations in the command area of Western Coalfields Limited
through e.auction .WCL, however, shall reserve the right to add subsequently other
items also for disposal and the items thus added shall be deemed to be covered by the
agreement concluded.
2. WCL shall furnish the list of items to be disposed off, time to time on “as is where is”
basis The service provider shall conduct the e.auction on their website. The service
provider shall arrange to conduct the e.auction/s at their own expense which would
include the preparation of the lot catalogue, terms and conditions of the auctions [as
approved by WCL], publicity and advertisement of the e-auction in national & Local
newspapers & in trade journals and any other expenses involved in conducting the eauction.
The decision for the acceptance/rejection of the rates offered by the bidders
shall be as per the norms fixed by WCL time to time. In the event of acceptance of a
lot, all the remaining works i.e. realization of money, issue of release order and other
formalities etc. would be required to be completed by the service provider.
3. In all cases where release orders are issued by the service provider confirming the sale
of lot/s on behalf of WCL , Sale Release Order/s shall be issued by WCL for the
delivery of materials from the respective locations.
4. Service provider shall not in any case initiate disposal action without prior consent /
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approval of highest bid price received in the e-auction by WCL.
5. The service provider shall be responsible for deciding financial agreement with
customers/buyers for disposal of materials as it deems expedient.
6. The service provider shall deal with all claims and complaints of the customers/buyers
and forward the recommendation to WCL for final settlement. However, refund of
money on account of non- delivery of materials shall be made by WCL.
7. The service provider will collect Sales Tax Declaration Form and any other documents
statutory required from the customers and pass them on to WCL alongwith payment.
8. The contractor shall act as Service Provider for disposal of items. WCL will however
have option to decide upon the items for getting them disposed off either at their own
or through the service provider.
9. WCL shall be responsible for raising invoices as per the terms of Sale Order booked
by the service provider.
10. Wherever any amount is due from buyers, recovery shall be done by the service
provider.
11. The service provider will nominate one official and WCL will nominate one official for
dealing with all matters relating to this agreement.
12. All the lots submitted for disposal by WCL till the date of expiry of the agreement shall
be finalized for disposal as per the terms and conditions of the agreement concluded.
13. Any amendment of this agreement will be applicable only if made in writing and
signed by duly authorized representative of the respective parties on their behalf.
14. WCL and/or the service provider shall not be liable for any failure or delay in
performance due to any cause beyond its control including fires, strikes, go slow, lock
outs closure, pestilence uncertain and unstable labor situation, accident war riots, civil
commotion, political upheavals, Government actions, epidemics, breakdown of
machinery acts, demands or otherwise or any other causes or conditions beyond the
control of WCL and/or service provider whether directly due to or inconsequence of
the aforesaid cause or not, and the existence of such cause or consequences shall
operate to extend the time of performance on the part of WCL and/or the service
provider by such period as may be necessary to enable WCL and/or service provider to
effect performance after the cause of delay shall have ceased to exit. The provisions
aforesaid shall not be limited or abrogated by any other terms and agreement whether
written or printed.
15. WCL shall not be responsible for any liability in respect of labour/employee
appointed/engaged by the service provider for execution/performance of this contract.
All formalities required under the provision of respective Labour Laws /Rules shall be
duly and punctually observed at their own cost and they alone shall be responsible for
payment of any dues, compensation or any amount, required to paid under any
provisions of Laws/Rules in any case for default on the part of service provider. If
WCL in any case is held liable under any Laws/Rules then in such cases the service
provider shall not only make payment of such dues and/or caused but also be
responsible for payments of damages of WCL.
16. In case of any dispute or difference between the parties arising out of or in connection
with this agreement, or in the matter of any interpretation of any clause(s)of the
agreement, or any of its terms, or in the matter of any claim or enforcement of any
right or obligation of the parties, the same shall be referred for arbitration to an
arbitrator appointed by the Chairman–Cum–Managing Director of Western Coalfields
Limited, and the award of such Arbitrator shall be final and binding on the parties to
this agreement. Subject as foresaid, the Arbitration Act 1940 and the Rules and
Schedule there under and statutory amendment thereon for the time in force shall be
deemed to apply to the arbitration proceedings under this clause.
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17. WCL reserves to the right to extend the validity of the agreement, if concluded with
the service provider, with mutual consent for a further period of 1(one)year at the
same rates and terms and conditions.
18. WCL shall be liberty to terminate the agreement concluded at any time during the
existence of the agreement by giving clear three months notice. The service provider
shall be responsible for clearing the entire account and payment dues, if any to WCL..
19. The Contract can also be terminated by WCL, if there is any breach of any of the
terms of the contract by service provider. In that case, the service provider shall be
liable for damages as assessed and claimed by WCL besides the dues payable to WCL,
under the Contract.
20. WCL reserves the right to use the price discovered through the e-auctioning process
for its future sale transactions without any additional payments whatsoever to the eauctioning
service provider.
21. Validity Period : The Agreement is valid for a period of two years from date
of issue of this letter
22. PAYMENT OF SERVICE CHARGES:
a. In consideration of service, as detailed above, WCL shall pay Service charge @
0.80% of the actual value of materials delivered against sale of lots finalized by
you. The value of the Service Charges will be calculated on the actual value of
materials delivered excluding E.D. Sales Tax /any other taxes applicable.
b. Payment of the Service Charges, as admissible against the bills submitted shall
be made by the Office of the GM (Finance) within 21 days of the receipt of
the bills.
23. Security deposit : You are required to deposit Security Deposit @10% of the
value of the agreement (`.17,64,800/- for two years) in the form of Bank Draft/Bank
Guarantee within 15 (fifteen) days of the date of issue of this letter. The amount of
Earnest Money (Rs.40,000/=) shall be adjusted against the Security Deposit.
Security Deposit shall be refunded after the satisfactory execution of the agreement.
For unsatisfactory performance and/or contractual failure, the Security Deposit shall
be forfeited.
All other terms and conditions of this contract are governed by standard terms
and conditions of NIT agreed by you in the tender.
Yours faithfully,
( Sanjay Pawar ) ( M.P. Singh )
Sr. Manager (S&D) Chief Manager (S)
copy to:
1 GM(Excv)I/c / GM(E&M)I/c, WCL, Nagpur
2 GM(Fin)I/C, GM(F)(C&B), WCL, Nagpur
3 S.O.(MM) / Depot Officers, Regional Stores – All Areas of WCL
4. AFM's – All Areas of WCL
5. Chief Manager, WCL, Central Stores, Tadali
6. GM, Central Workshop, Tadali
( Sanjay Pawar ) ( M.P. Singh )
Sr. Manager (S&D) Chief Manager (S)
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1.
2. WESTERN COALFIELDS LIMITED
(A Govt. of India Undertaking)
Office of the General Manager
Coal Estate, Civil Lines
NAGPUR – 440 001.
Telephone: 0712-2511214 Fax: 0712-2510284
3. E-mail: gmmm.wcl@coalindia.in
4. Website – www.westerncoal.gov.in
Page 4 of 23
5. TENDER NOTIFICATION
TENDER FOR APPOINTMENT OF SERVICE PROVIDER
FOR CONDUCTING E-AUCTIONS
1. Sealed tenders are invited from interested parties to act as service
provider for conducting E-auction for sale of scrap materials of
Western Coalfields limited (WCL)
2. Tender papers can be downloaded from our website mentioned
above and should be submitted along with a Demand Draft for
Rs.2000/- drawn in favour of ‘Western Coalfields Limited”
Payable at Nagpur.
3. The last date for submission of duly filled in tender documents is
at 15:00 Hrs. on 20/08/2010.
(Under Jurisdiction of Nagpur Court only)

WESTERN COALFIELDS LIMITED
OFFICE OF THE GENERAL MANAGER (MM)
MATERIAL MANAGEMENT WING
COAL ESTATE, CIVIL LINES, NAGPUR-440 001
PH.PBX. 0712-2511214, 2510691
FAX NO. 0712-2510284
WEBSITE; Westerncoal.gov.in
Tender No.NGP/WCL/MMW(HQ)/Stores/SP/P-040/2010-11 Dated:05/07/2010
NOTICE INVITING TENDER(NIT)
Tender Fee: Rs. 2000.00
(Vide D/D/MR No. dated )
Signature of Issuing Officer
In case tender is downloaded from the website the tenderers are required to submit
the tender fee in the form of Demand Draft only in favour of Western Coalfields
Limited, payable at Nagpur. No. other mode of payment is acceptable. Instruction for
the tenderers who have downloaded the tender documents may also be seen in
Clause-VII
of the tender. The tender fee is not required to be paid by Central and
State Government, their Undertakings and Ancillaries of WCL against submission
of necessary documents.
TENDER VALUE: Rs. 20,00,000.00
EMD VALUE: Rs. 40,000.00
MAIL
To,
M/s ------------------------------------------------------
-----------------------------------------------------------
-----------------------------------------------------------
Dear Sir,
BY REGD.POST/HAND/AIR
Sub: TENDER FOR APPOINTMENT OF SERVICE PROVIDER FOR
DISPOSAL OF SCRAP MATERIAL THROUGH E.AUCTION.
Type of Tender: THREE COVER BID
LAST DATE OF SUBMISSION: 20-08-2010 upto 3.00 P.M.
DUE DATE OF OPENING : 20-08-2010 upto 3.30 P.M.
OFFICE AT WHICH THE TENDER SHALL BE SUBMITTED: - GENERAL
MANAGER (MM) M.M.WING WCL (HQ), COAL ESTATE, CIVIL LINES, NAGPUR -
440 001.(M.S)
PART-I (TECHNO-COMMERCIAL BID)
INSTRUCTION TO BIDDERS (ITB) & SUBMISSION OF BIDS
Page 5 of 23

1. BIDDING DOCUMENTS:
The Bidder is expected to examine all instructions, forms, terms and specifications in the
bidding documents. Failure to furnish all information required by the bidding documents or
submission of a bid not substantially responsive to the bidding documents in every respect will
be at the Bidder ’s risk and may result in rejection of the bid.
2. AMENDMENTS TO BIDDING DOCUMENTS:
At any time prior to the deadline for submission of bids, the Tendering Authority, (WCL)
may, for any reason, whether on its own initiative or in response to the clarification requested
by a prospective bidder, modify, change, incorporate or delete certain conditions in the
bidding document. All prospective bidders who have received the bidding documents will be
notified of the amendment on the official website of the Company. No intimation will be sent
by post. Tenderers are adviced to check the website regularly for any amendment etc to
tender.
3. COST OF BIDDING:
The Bidder shall bear all the costs associated with the preparation and submission of its bid,
and the Tendering Authority shall not be responsible or liable for these costs, regardless of
conduct or outcome of the bidding process.
4. PERIOD OF CONTRACT:
The contract will be for a period of two years starting from the day of signing the contract.
The contract may be extended for a further period of one year with same terms & conditions
and at the same price, with mutual consent.
5. EARNEST MONEY DEPOSIT:
Bidder shall furnish an interest free EMD for Rs.40,000/- (Rs. Forty Thousand only) in the
form of Bank Draft in favour of ‘Western coalfields limited” Payable at Nagpur along
with the Tender.
(a). The EMD will be returned to unsuccessful bidders after finalization of the tender.
In the case of successful bidder, the EMD will be adjusted towards ‘SECURITY
DEPOSIT’. The security deposit will be released on successful completion of the contract.
No interest shall be payable by WCL for either EMD or Security Deposit.
Security deposit shall be forfeited in case of any breach of the terms and conditions of this
agreement.
(b). In case the bidder withdraws the tender before the tender validity requested in this tender
document, the EMD amount will be forfeited irrespective of whether the bidder has offered
shorter validity than the validity stipulated in this tender document.
6. SPECIFICATION FOR TECHNICAL BID
a. Objectives to be achieved by deployment of E-AUCTIONING would include:
• Strict control at all phases of the E-auction process.
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• To display auction notices online and in press for all the bidders to see.
• To send out advertisement in newspaper and e-mail and/or SMS alerts about auction
modifications.
• To provide auction documents for download in the Microsoft* Word, PDF and
HTML formats.
• To enable online electronic bid preparation.
• To support a transparent and accountable system.
• Ensure use of a unique encryption mechanism that ensures the privacy and integrity of
data during the bid preparation, submission and opening processes.
b. E-commerce Experience:
The Bidders shall demonstrate the current successful usage of their E-Commerce System by a
minimum 2 or more Government Departments or PSU’s or large industrial house with
turnover of Rs.2.00 Crores [Two crores]and above. This is a pre requisite for considering their
offer.
c. RA/Sub CA:
The Bidder should be authorized Certifying Agency (CA), Sub Certifying Agency (Sub CA),
Registration Agency (RA) to issue digital certificate or should have a technical tie-up with a
Certifying Agency (CA), Sub Certifying Agency (Sub CA), Registration Agency (RA) to issue
digital certificate. Bidder is required to furnish Documentary Proof in this regard.
d. Ownership of Software:
Bidders who own the Software and its source code will be allowed to participate in this
auction. Bids received from those agencies, which do not own the source code, will be out
rightly rejected.
e. Readiness of Software:
Only those bidders who have ready software should apply. The selected bidder should be in a
position to launch the e-auction Service immediately.
f. Scope of Work:
The Proposed e-auction service should support the following stages of the Auction Process
briefly described below:
• WCL Officials Registration & Rights Allocation
• Publishing Online Auctions & Corrigendum to buyers.
• Auction Document Management
• Auction Promotion via Email Alerts and news paper advertisements.
• Conducting Online Pre Bid Meeting/offering clarifications when required.
. Online management of auctioning process and receipt of bids within the stipulated time
. Automatic rejection of bids submitted after the stipulated time with appropriate time
stamping so as to justify rejection at a later date.
- Bids to be accepted on ‘Subject-to-approval-basis’ only and to be submitted to WCL
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for approval.
• Site Access Reports / Web Statistics
7. QUANTUM OF BUSINESS:
WCL proposes to conduct upto four E-Auction of each scrap lot until it is sold in a single or
multiple lots amounting to more than Rs.10.00 Crores every year.
WCL reserves the right to not to conduct E-Auction or conduct more than one E-Auction
during a month.
8. RESPONSIBILITY OF SERVICE PROVIDER
a).Service provider shall enter into sale contracts with successful bidders / intending
buyers / customers by issuing Acceptance Letters / Sale Orders/Deliver orders on behalf
of WCL as per approval provided.
b) Service provider shall obtain the bid security in the form of DD in favour of WCL ,
and send the same to WCL within the next three working days. Signed copy of terms
and conditions of auction should also be collected from each bidder and forwarded to
WCL.
c) Service provider shall be responsible for collection of material value, sales tax and other
duties, penalties and other statutory levies, as applicable and other declaration forms
such as ‘C’ forms as a registered body for submission of the same to WCL. Service
provider shall prepare the final Delivery Orders.
d) Service provider shall also be responsible for follow up till the sales are finalized.
e) Whenever any e-auction is cancelled / deferred / postponed by WCL the cost of
advertisement, other expenditures etc will not be reimbursed to service provider.
f) Further, the e-auction shall be inclusive of the following:
• Compliance to Information Technology Act 2000
• Issue of digital signatures to registered buyers.
• Public Key Encryption
• 128 Bit SSL encryption
• Back Up & Disaster Management & Business Continuity
• Compliance with guidelines provided by CERT-In, Dept. of IT, GOI.
• Training & Help Desk
- Training of both WCL Personnel and the bidders on the usage of e-auctioning system.
The training imparted shall be properly structured to meet the different requirements of
WCL and the bidders.
- Digital signatures to be issued by the Service provider to all bidders. The quoted price
shall be inclusive of this service.
- Capturing of all the transactions during the e-auctioning process and providing this
information to WCL in the form of a soft copy.
• Adequate security to effect denial of accesses both from outside and LAN, denial of
price corrections after auction submission and other normal protections. The Bidder may
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furnish the details of the security management system incorporated in the e-auction service
offered.
• Maintaining the confidentiality of information shared
9. ROLE OF WCL:
a) Formulating of bid terms in consultation with Service provider.
b) Receive training regarding conduct of E-Auction process from Service
Provider.
c) Provide copies of documents such as Instructions to bidders for participating in
E-Auction process, Draft Contract copy, Integrity Pact etc.
d) Evaluating the pricing information received from Service Provider obtained
through conduct of E-Auction.
e) Communicate the decision regarding acceptance or otherwise of price obtained.
f) In case of acceptance of price obtained through E-Auction, supplying the
tendered quantity to the successful bidder after obtaining necessary approvals
g) Release payment to Service Provider as per payment terms.
h) In case of rejection of bid, communicate the same to Service Provider and
advise him to re-conduct E-Auction at no additional cost to WCL.
10. NATURE AND SCOPE OF WORKS OF THE SERVICE PROVIDER
Page 9 of 23
a. In consideration of the Service Charges as decided, the tenderer shall agree to
be appointed as a Service Provider, for a period of two years from the date
of conclusion of the agreement, for the disposal /sale of scrap,
rejected/obsolete materials, unserviceable Plant and Machineries, surplus
stores/spares and miscellaneous articles available at different locations in the
command area of Western Coalfields Limited through e.auction .WCL,
however, shall reserve the right to add subsequently other items also for
disposal and the items thus added shall be deemed to be covered by the
agreement concluded.
b. WCL shall furnish the list of items to be disposed off, time to time on “as is
where is” basis The service provider shall conduct the e.auction on their
website. The service provider shall arrange to conduct the e.auction/s at their
own expense which would include the preparation of the lot catalogue, terms
and conditions of the auctions [as approved by WCL], publicity and
advertisement of the e-auction in national & Local newspapers & in trade
journals and any other expenses involved in conducting the e-auction. The
decision for the acceptance/rejection of the rates offered by the bidders shall be
as per the norms fixed by WCL time to time. In the event of acceptance of a
lot, all the remaining works i.e. realization of money, issue of release order and
other formalities etc. would be required to be completed by the service
provider. In all cases where release orders are issued by the service provider
confirming the sale of lot/s on behalf of WCL , Sale Release Order/s shall be
issued by WCL for the delivery of materials from the respective locations.
c. Service provider shall not in any case initiate disposal action without prior
consent / approval of highest bid price received in the e-auction by WCL.
d. The service provider shall be responsible for deciding financial agreement with

Page 10 of 23
customers/buyers for disposal of materials as it deems expedient.
e. The service provider shall deal with all claims and complaints of the
customers/buyers and forward the recommendation to WCL for final
settlement. However, refund of money on account of non- delivery of materials
shall be made by WCL.
f. The service provider will collect Sales Tax Declaration Form and any other
documents statutory required from the customers and pass them on to WCL
alongwith payment.
g. The contractor shall act as Service Provider for disposal of items. WCL will
however have option to decide upon the items for getting them disposed off
either at their own or through the service provider.
h. WCL shall be responsible for raising invoices as per the terms of Sale Order
booked by the service provider.
i. Wherever any amount is due from buyers, recovery shall be done by the
service provider.
j. The service provider will nominate one official and WCL will nominate one
official for dealing with all matters relating to this agreement.
k. All the lots submitted for disposal by WCL till the date of expiry of the
agreement shall be finalized for disposal as per the terms and conditions of the
agreement concluded.
l. Any amendment of this agreement will be applicable only if made in writing
and signed by duly authorized representative of the respective parties on their
behalf.
m. WCL and/or the service provider shall not be liable for any failure or delay in
performance due to any cause beyond its control including fires, strikes, go
slow, lock outs closure, pestilence uncertain and unstable labor situation,
accident war riots, civil commotion, political upheavals, Government actions,
epidemics, breakdown of machinery acts, demands or otherwise or any other
causes or conditions beyond the control of WCL and/or service provider
whether directly due to or inconsequence of the aforesaid cause or not, and the
existence of such cause or consequences shall operate to extend the time of
performance on the part of WCL and/or the service provider by such period as
may be necessary to enable WCL and/or service provider to effect
performance after the cause of delay shall have ceased to exit. The provisions
aforesaid shall not be limited or abrogated by any other terms and agreement
whether written or printed.
n. WCL shall not be responsible for any liability in respect of labour/employee
appointed/engaged by the service provider for execution/performance of this
contract. All formalities required under the provision of respective Labour
Laws /Rules shall be duly and punctually observed at their own cost and they
alone shall be responsible for payment of any dues, compensation or any

amount, required to paid under any provisions of Laws/Rules in any case for
default on the part of service provider. If WCL in any case is held liable under
any Laws/Rules then in such cases the service provider shall not only make
payment of such dues and/or caused but also be responsible for payments of
damages of WCL.
o. In case of any dispute or difference between the parties arising out of or in
connection with this agreement, or in the matter of any interpretation of any
clause(s)of the agreement, or any of its terms, or in the matter of any claim or
enforcement of any right or obligation of the parties, the same shall be referred
for arbitration to an arbitrator appointed by the Chairman–Cum–Managing
Director of Western Coalfields Limited, and the award of such Arbitrator shall
be final and binding on the parties to this agreement. Subject as foresaid, the
Arbitration Act 1940 and the Rules and Schedule there under and statutory
amendment thereon for the time in force shall be deemed to apply to the
arbitration proceedings under this clause.
p. WCL reserves to the right to extend the validity of the agreement, if concluded
with the service provider, with mutual consent for a further period of
1(one)year at the same rates and terms and conditions.
q. WCL shall be liberty to terminate the agreement concluded at any time during
the existence of the agreement by giving clear three months notice. The service
provider shall be responsible for clearing the entire account and payment dues,
if any to WCL..
r. The Contract can also be terminated by WCL, if there is any breach of any of
the terms of the contract by service provider. In that case, the service provider
shall be liable for damages as assessed and claimed by WCL besides the dues
payable to WCL, under the Contract.
s. WCL reserves the right to use the price discovered through the e-auctioning
process for its future sale transactions without any additional payments
whatsoever to the e-auctioning service provider.
11. CAPACITY ASSESMENT:
Where required, WCL will carryout Capacity Assessment of bidders prior to opening of the
price bids and decision of WCL regarding allowing a firm to continue its participation in
present tender will be final.
12. HOW TO QUOTE PRICES:
Bidder should submit their prices only in the Price Bid Forms given in the Tender. Price
quoted other than on the Price Bid Form shall be liable to be rejected. The Price Bid Form
must be filled in completely, without any errors, erasures or alterations.
13. SERVICE CHARGES:
a. Price quoted shall be in terms of percentage of total basic sale value of each auction,
exclusive of applicable duties and taxes.
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. Bidder shall note that payment to e-auction service provider shall be made auction-wise
only if the sale offers received through the e-auction are approved / accepted by WCL and
auction value payment is received in full from buyers.
c. Service Charges will not be payable on the amount of forfeited Security Deposit of
buyers.
14. BID CURRENCY:
Prices shall be quoted in Indian Rupees only. The prices shall remain Firm for the period of
the contract and no changes for any reason what so ever shall be allowed.
15. PERIOD OF VALIDITY:
Bids shall be valid for a period of 180 days from the date of opening of the bid. WCL shall
reject a Bid valid for a shorter period as non-responsive. In exceptional circumstances, WCL
may solicit the Bidder’s consent to an extension of the period of validity. The request and the
responses thereto shall be made in writing.
16. FORMATS AND SIGNING OF BID:
All the envelopes and its contents shall be typed, signed and seals affixed by the Bidder or a
person or persons duly authorized. A written power-of-attorney shall accompany the bid
authorizing the person/s signing the bid documents. The person or persons signing the bid
shall initial all pages of the bid. Any interlineations, erasures or overwriting / corrections shall
be valid only if the person or persons signing the bid attest them.
17. SUBMISSION OF BIDS:
The tender complete in all respects conforming to the Terms & Conditions of Instructions to
the bidders & other documents of this tender shall be submitted as under:
(A) Cover.1 – Earnest Money Deposit & Tender Document Fee:
(a) Earnest Money Deposit: Earnest Money Deposit for Rs.40,000/- (Rupees Forty thousand
only) in the form of Demand Draft drawn in favour of ‘Western coalfields limited’ payable
at Nagpur from a Public Sector / Scheduled bank.
(b) Tender Document Fee: The bidder has to down-load the tender document from our
Website and shall furnish a Tender Document Fee of Rs.2000/- per tender in the form of
Demand Draft from a Public Sector/Scheduled bank in favour of ‘Western coalfields limited’
payable at Nagpur. The tender document fees in any other form will not be accepted.
The Earnest Money Deposit & Tender Document Fee shall be enclosed in a separate sealed
cover duly super scribed as "COVER.1 – EARNEST MONEY DEPOSIT & TENDER
DOCUMENT FEE" and with Tender number & Date and Date of Opening. The tender will
not be accepted in the absence of Earnest Money Deposit and Tender Document Fee.
(B) Cover.2 – Techno Commercial Tender comprising of
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(a) Copy of Instructions to Bidders duly signed on each page accepting the terms
indicated in Instructions to Bidders [Part-I]
(b) Duly filled and signed Check Lists [Annexure-I]
(c) Duly signed Copy of the Price Bid blanking the price portion (Part II ) accepting
the terms of price bid.
(d) Duly filled and signed Basic Information about the Service Provider format (Part
III ).
The Techno-Commercial tender comprising the above shall be enclosed in a separate sealed
cover duly super scribed as "COVER.2 – TECHNO-COMMERCIAL BID' and with Tender
number & Date and Date of Opening.
(C) Cover.3 – Price Tender:
Cover 3 shall contain only the price bid format (Part II ) duly filled for price etc.and signed.
This cover shall be sealed and super scribed as “COVER 3 – PRICE BID” and with Tender
Number & date and Date of opening.
(D) Cover.4 – Common Outer Cover:
Cover at (A), (B) & (C) above shall be kept in a common sealed outer cover duly super
scribed as "TENDER FOR APPOINTMENT OF SERVICE PROVIDER FOR DISPOSAL
SERVICES" and with our Tender Number & Date and Date of Opening.
• The bids cannot be withdrawn after the tender closing time.
• Emailed, Telex, cable or facsimile bids will be rejected.
• If the outer cover is not sealed and marked as required, WCL will not assume any
responsibility for the bid’s misplacement or premature opening.
Please note that Declaration in cover 2 should not indicate service charge, which otherwise
would lead to disqualification from the tender.
18. DEADLINE FOR SUBMISSION OF BIDS:
Bids must be received by WCL at the address specified under Tender Notice not later than the
time and date specified in the Tender notice. In the event of the specified date for the
submission of bids being declared as a holiday for WCL, the bids will be received up-to the
appointed time on the next working day.
WCL, at its discretion, may extend the deadline for submission of bids.
19. LATE BIDS:
Late bids will not be accepted and will not be considered for evaluation.
20. BID OPENING AND EVALUATION OF BIDS:
1.
2. OPENING OF TECHNO-COMMERCIAL BIDS
• WCL will open the Techno-commerciall Bids on the same day at 3.30 P.M..
• Bids not submitted as explained in clause-13 above shall be liable for rejection.
CLARIFICATION OF TECHNO-COMMERCIAL BIDS:
During evaluation of technical bids, WCL may, at its discretion, ask the Bidder for a
Page 13 of 23

clarification of its bid. The request for a clarification and the response shall be in writing and
no change in prices or substance of the bid shall be sought, offered or permitted. However no
post bid clarification at the initiative of the bidder shall be entertained.
OPENING OF PRICE BIDS:
Price Bids of only those bidders whose Techno-commerciall Bids meet all the Tender terms &
conditions will be opened on a later date which will be intimated. The bidder or his
representative may attend the price bid opening if they choose to.
WCL reserves the right to accept or to reject any or all proposals at any time prior to any
award of contract without incurring any liability to the affected party or without any obligation
to inform the affected party of the ground for such decision.
21. PAYMENT TERMS:
Payment to the service provider shall be made after successful lifting of sold lot against an
invoice raised by the service provider within 21 days from the date of receipt of the invoice
from the service provider, subject to fulfillment of condition in Clause 13 (b).
22. Jurisdiction Of The Court:
Any dispute arising out of this Agreement shall be subject to the jurisdiction of the Courts (s)
at Nagpur only.
Name
Company
Signature
Official Seal
Date
Page 14 of 23

Annexure – I Check Lists
A. Checklist for Eligibility Criteria for E-auctioning System Service Providers
Description WCL requirement Service Provider’s
offer
2.
Scope
A. Internet based
e-auctioning of
scrap materials of
WCL and all
associated services
as specified.
Execution/delivery
period
a) Upload auctions catalogues
prepared by WCL
b) Upload corrigendum prepared by
WCL
c) Publish Internet advt. and
Newspaper advertisements
d) Online receipt of offer
e) Evaluation of offers
f) Display of bid prices
g) MIS for decision
h) Bidder to provide training to WCL
personnel and Bidders
i) Bidder to provide online demo.
j) Issue of digital signatures to all the
bidders.
k) Capturing of all transactions during
the e-auction process and
providing the same to WCL as a
soft copy.
l) Providing all other associated
services as specified in the bid
documents.
WCL requires least executing period
for the solutions
Payment terms As per WCL’s Std terms & Conditions
Validity of offer Valid for 180 days
Taxes & duties Applicable taxes & duties as extra
WCL requirement
The Intellectual Property Right (IPR) of the E-AUCTION
should be owned by the Bidder
The Bidder is a CA/Sub CA/RA or should have a technical
tie-up with a CA, Sub CA, RA to issue digital certificate that
is authorized to issue Digital Certificates. Furnish
documentary proof in this regard. Specify the number of
Digital Certificates issues till date.
Bidder possess ready software which they can demonstrate
and the same can be customized and launched within one
Page 15 of 23
Confirm (Tick)
Service Provider’s
offer
Confirm (Tick)

week from date of award of Tender. Bidder must ensure that
customization done to meet procedural requirement of
purchase guidelines laid down by the company
Bidder confirms that their e-auction is currently being used
by at least 2 Government Departments, PSU or large
Industrial House in India with a turnover of Rs.2.00 Crores.
Please furnish the following details
a) Name of Dept./PSU/Industrial House
b) Contact Details
c) URL
d) Number of Auctions conducted
e) Letter of satisfaction and past experience from existing
user
Bidder agrees that their existing e-auction fulfills the scope of
work as defined in this Tender document
Bidder confirms that their e-auction complies to Information
Technology Act 2000 & guidelines of CVC
Bidder agrees that theirs e-auction is PKI Enabled.
Bidder agrees that theirs e-auction uses 128 Bit SSL
encryption
Bidder agrees that they can give Live demonstration of any
one site they are maintaining if required.
Bidder agrees that payment to e-auction service provider shall
be made only if the offers received through the e-auction are
approved/accepted by WCL and actual sale takes place.
B. Bidders must have the system capable of addressing the following security issues
identified by CVC in the manner recommended herein and indicate their confirmation ;
B.1 Security Infrastructure level:
Issues Best practices to achieve security
Perimeter
defence
considerations
Deployment of routers, Firewalls, IPS/IDS,
Remote Access and networking
segmentation.
Authentication Network authentication through deployment
of password policy for accessing the network
resources. To minimize unauthorized access
to the e-procurement system at system level.
Monitoring Deployment of logging at OS / network level
Secure
configuration of
network host
and monitoring the same.
The security of individual servers &
workstations is a critical factor in the defence
of any environment, especially when remote
access is allowed. Workstations should have
safeguards in place to resist common attacks.
System patching As the vulnerability of the system are
Page 16 of 23
Confirmation
by Bidder

Control of
Malware
Structured
cabling
discovered almost regularly and the system
vendors are also releasing the patches. It is
expected the host are patched with latest
security updates released by the vendors.
Suitable control like anti-virus, anti spyware
etc. should be deployed on the host
associated with e-procurement system.
However, option for running the services at
non-privilaged user profile may be looked
for. Otherwise suitable operating system
which is immune to virus, Trojans and
malware may be deployed.
The availability of the network services is
critically dependent on the quality of
interconnection between the hosts through
structured including termination and marking.
It is expected the e-procurement system has
implemented structured cabling and other
controls related with network and
interconnection.
B.2 Security at Application level [during design]
Issues Best practices to achieve security
considerations
Authentication The authentication mechanism of the eprocurement
application should ensure that
the credentials are submitted on the pages
that are server under SSL.
Access control The application shall enforce proper access
control model to ensure that the parameter
available to the user cannot be used for
Session
management
launching any attack.
The design should ensure that the session
tokens are adequately protected from
guessing during an authenticated session.
Error handling The design should ensure that the application
does not present user error messages to the
outside world which can be used for
attacking the application.
Input validation The application may accept input at multiple
points from external sources, such as users,
client applications and data feeds. It should
perform validation checks of the syntactic
and semantic validity of the input. It should
also check that input data does not violate
limitations of underlying or dependent
components, particularly string length and
character set. All user supplied fields should
be validated at the server side.
Application Logging should be enabled across all
Page 17 of 23
Confirmation
by Bidder

logging and
monitoring.
applications in the environment. Log file dat
is important for incident and trend analysis as
well as for auditing purposes.
The application should log failed and
successful authentication attempts, changes
to application adta including user accounts,
server application errors and failed and
successful access to resources when writing
log data, the application should avoid writing
sensitive data to log files.
B.3 Security during application deployment and use.
Issues Best practices to achieve security
Availability,
clustering, load
balancing
Application and
data recovery
Integrity of the
application,
control of
source code,
configuration
management.
considerations
Depending on the number of expected hits
and access the options for clustering of server
and load balancing of the web application
shall be implemented.
Suitable management procedure shall be
deployed for regular back-up of application
and data. The regularity of data backup shall
be in commensurate with the nature of
transaction / business translated into the e-
procurement system.
Suitable management control shall be
implemented on availability of updated source
code and its deployment. Strict configuration
is recommended to ensure that the latest
software in the production system
B.4 Security in Data storage and communication.
Issues Best practices to achieve security
considerations
Encryption for
data storage
Page 18 of 23
Sensitive data should be encrypted or hashed
in the database and file system. The
application should differentiate between data
that is sensitive to disclosure and must be
encrypted, data that is sensitive only to
tampering and for which a keyed hash value
(HMAC) must be generated and data that can
be irreversibly transformend (Hashed) without
loss of functionality (such as passwords). The
application should store keys used for
decryption seperatly from the encrypted data.
Examples of widely accepted strong ciphers
are 3DES, AES, RSA, RC4 and blowfish.
Use 128-bit keys(1024 bits for RSA) at a
minimum.
Confirmation
by Bidder
Confirmation
by Bidder

Data transfer
security
Sensitive data should be encrypted prior to
transmission to other components. Verify that
intermediate components that handle the data
in clear- text form, prior to transmission or
subsequent to receipt , do not present an
undue threat to the data. The application
should take advantage of authentication
features available within the transport security
mechanism.
Specially, encryption methodology like SSL
must be deployed while communicationg with
the payment gateway over public network.
Access control Application should enforce an authorization
mechanism that provides access to sensitive
data and functionality only to suitably
permitted users or clients.
Role based access controls should be enforced
at the database level as well as at the
application interface.
This will protect the database in the event that
the client application is exploited.
Authoristaion checks should requires prior
successful authentication to have occurred.
All attempts to obtain access without proper
authorization should be logged.
Conduct regular testing of key applications
that process sensitive data and of the interface
available to users from the internet include
both ‘black box informed’ testing against the
application. Determine if users can gain access
to data from other accounts.
C. Other Important issues :
Third party
audit
Public key
infrastructure
(PKI)
implementation
It is recommended that the implemented
solution be audited by a competent third party
at least once a year
This is one of the most critical security feature
that are required to be implemented in order to
establish non-repudiation and to ensure the
security of the online system. Under the
system, participating contractors and the
suppliers, as well as departmental users are
issued digital signature certioficate (DSC) by a
licensed certification authority
D. CHECKLIST TO ACHIEVE SECURITY CONSIDERATIONS IN E-
TENDER/AUCTION / PROCUREMENT SOLUTIONS (Compliance to CVC circular
no.18/04/2010 Dt. 26-04-2010)
Page 19 of 23

Bidders are required to confirm the following security considerations :
S.N. SECURITY CONSIDERATIONS BIDDER
TO
CONFIRM
YES / NO
1 Whether the application is secure from making any temporary
distortion in the electronic posting of Tender/Auction notice, just
to mislead certain bidders ?
2 If yes to above, then whether any automatic systems alert is
provided in the form of daily exception report in the application
3 Whether application ensures that the Tender/Auction documents
issued to / downloaded by bidders are complete in shape as per
the approved Tender/Auction documents including all its
corrigendums?
4 Is there is any check available in the application detect & alert
about the missing pages to the Tender/Auctioner, if any?
5 Whether application ensures that all the corrigendum issued by
competent authority are being fully communicated in proper
fashion to all bidders including those who had already purchased /
downloaded the bid documents well ahead of the due date &
before uploading the corrigendum?
6 Whether system is safe from sending discriminatory
communication to different bidders about the same e-
Tender/Auctioning process ?
7 Whether E-procurement solution has also been customized to
process all type of Tender/Auctions viz limited / open / global
Tender/Auctions ?
8 Whether online public Tender/Auction opening events feature are
available in the application ?
9 Whether facilities for evaluation / loading of bids, strictly in terms
of criteria laid down in bid documents are available in the
application ?
10 Whether sufficient safeguards have been provided in the
application to deal with failed attempt blocking ?
11 Whether application is safe from submission of fake bids ?
12 Whether encryptions of bids are done at clients ends ?
13 Whether safety against tampering and stealing information of
submitted bid, during storage before its opening, is ensured ?
14 Whether application is safe from siphoning off and decrypting the
clandestine copy of a bid encrypted with public key of
Tender/Auction opening officer?
15 Whether application is safe from mutilation /sabotage or
otherwise rendering the encrypted bid in the e-Tender/Auction
box during storage, to make it unreadable / invalid in any form ,
before opening of the bids ?
16 Whether introduction of special characters / executable files etc
by users are restricted in the application ?
17 Whether validity check of DSC is being done at server end ?
Page 20 of 23

18 Whether system supports the feature that even though if a
published Tender/Auction is being deleted from the application,
system does not allow permanent deletion of the published
Tender/Auction from the database ?
19 Whether sufficient security features are provided in the
application for authentication procedure of the system
administrator like ID, password, digital signature, biometric etc.?
20 Whether audit trails are being captured in the application on
media not prone to tampering, such as optical write once ?
21 Whether log shipping feature is available, whether a separate
dedicated server receives the logs from the application over web
service in real time?
22 Whether integrity and non-tampering is ensured in maintaining
the server clock synchronization & time stamping ?
23 Whether application generates any exception report / system alerts
etc. to indicate the resetting of the clock, in case the application
for time stamping is killed at the server lavel and time is
manipulated ?
24 Whether application ensures that the quotes from various bidders
with their names are not being displayed to any one including to
the organization during carrying out of the e-reverse
Tender/Auctioning process ?
25 Whether application is fit for usage complying with the
requirement of Tender/Auction processing viz authencity of
Tender/Auction, non-repudiation and secrecy of information till
the actual opening of Tender/Auctions.
26 Whether any comprehensive third party audit [as per statutory
requirement and also as per the requirement of e-Tender/Auction
processing (compliance to IT Act 2000) was got conducted
before first putting it to public use ?
27 Whether application complies with the CVC’s guidelines dated
17.09.2009 on security considerations for e-tendering /
procurement systems. (Compliance to clause B above)
Any additional features not specifically mentioned below, can be described by Bidders and
appended at the end of this sheet. Extra Sheet as required may be attached.
Authorised Signatory:
Date :
Stamp of the firm
Page 21 of 23

Part II: Price Bid
Financial Bid Format
Description
Conducting E-AUCTION for sale of scrap, rejected /
obsolete materials, unserviceable plant &
machineries, surplus stores / spares and
miscellaneous articles etc. and lying in Areas in
command of WCL in the state of Madhya Pradesh
and Maharashtra..
The e-auction shall be conducted as per the terms
and conditions of WCL.
The scope of e-auctioning service shall cover all the
aspects as mentioned in Part – I, Technical Bid
Specification.
The Service Charge shall be as percentage of total
auctioned basic sale value (excluding duties &
Taxes). The prices shall remain Firm for the period
of the contract and no changes for any reason what
so ever shall be allowed.
Service Charge as
percentage of basic
sale value
The Service Charges shall include the charges for the following services as applicable:
- Government Registration, if any
- Auction Notice and corrigendum Creation and Approval
- Auction Document Management
- Auction Promotion through newspaper advertisements in All India edition/Internet
advertisements.
- Bid Creation, Bid Submission, Bid Evaluation
- E-Auctions
- Statistics/Reports/ Evaluation statement.
- Providing Digital signature to all bidders.
- WCL reserves the right to use the price discovered through the e-auction
process for its future sale transactions without any additional payments
Whatsoever to the e-auctioning service provider
- Help Desk/Vendor Training for WCL personnel and the bidders
Page 22 of 23

- Site Access Reports / Web Statistics
- Capturing all transactions during the e-auctioning and providing the same to WCL in
the form of a soft copy as well as hard copy..
Authorised Signatory:
Date :
Stamp of the firm
PART-III: Basic Information about the Service Provider
1. Name of Company :
2. Ownership Details :
3. PAN Number :
4. Bank Account Details:
Name of Bank –
Address -
9-digit MICR code –
Account No. –
5. Contact Person’s Name :
Phone Number :
Mobile Number :
Fax Number :
Email Id :
21. Financial Details
22. Major Clients :
Authorised Signatory:
Date :
Stamp of the firm :
Page 23 of 23
Financial year Turnover in Rs. (crores)
2007-08
2008-09
2009-10