Professional Documents
Culture Documents
NEYVELI, TAMILNADU
INDIA
TABLE OF CONTENTS
SECTION
DESCRIPTION
PAGE NO.
SECTION
-A
03
SECTION
-B
INSTRUCTIONS TO BIDDERS
09
SECTION
-C
22
SECTION
-D
FORMAT OF GUARANTEES
48
SECTION
-E
FORMAT OF SCHEDULE OF
DEVIATIONS
60
SECTION
-F
TECHNICAL SPECIFICATION
63
SECTION
-G
SCHEDULE OF PRICES
78
SECTION
-H
84
SECTION
-I
BID FORM
87
SECTION
-J
INTEGRITY PACT
91
SECTION
-K
97
SECTION
-L
QUESTIONNAIRE ON COMMERCIAL
POINTS TO BE ANSWERED BY THE
BIDDER.
BIDDERS EXPERIENCE
SECTION
-M
101
103
SECTION-A
NOTICE INVITING BID
(Brief)
NEYVELI LIGNITE CORPORATION LIMITED
(A Navratna Government of India Enterprise)
OFFICE OF THE GENERAL MANAGER / CONTRACTS
CORPORATE OFFICE, NEYVELI 607 801
NOTICE INVITING BIDS
GLOBAL EXPRESSION OF INTEREST (EOI) TENDER
1.0
06.05.2015
4. Last Date & Time for receipt of bids
6. Pre-Bid Conference
For further details such as Qualifying Requirements, Detailed scope of work etc., please visit
our website: www.nlcindia.com / CPP Portal (www.eprocure.gov.in).or contact the General
Manager / Contracts, Corporate Office, Neyveli Lignite Corporation Limited, Neyveli-607801,
Cuddalore District, Tamil Nadu, India. Telephone No. : 04142-252210, 252215 & 251620
Fax No. 91-04142-252026, 252645/252646
Tender document can be had from the above address on payment of cost of tender document
by DD drawn in favour of Neyveli Lignite Corporation Limited, Neyveli payable at Neyveli or
NEFT/RTGS mode to NLCs Account No.10895129204 Beneficiary Name: NLC Ltd., Estt.
A/c in State Bank of India, Branch: Neyveli Main (IFS Code No. SBIN0000958). The Tender
document may also be downloaded from NLC web site/ CPP Portal during tender document
sale period.
GENERAL MANAGER/CONTRACTS.
(Web)
NEYVELI LIGNITE CORPORATION LIMITED
(A Navratna Government of India Enterprise)
OFFICE OF THE GENERAL MANAGER / CONTRACTS
1.0
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
Pre-Bid Conference*
*The points for discussion may be furnished in advance both in hard and soft copy to
the undersigned and also to the below E-mail ID for clarification
IMPORTANT NOTE:
Contract will be given to Phase I Contractor for the phase II activities, if
1. Their quoted rate is within 110% of the lowest offer in phase II tender
2. There is no delay in achieving the milestone targets of Phase I activities,
scheduled upto the point of time of tender opening for phase II contract, or
extension of time has been granted by NLC for the Phase I activities.
3. All other terms being equal and
4. The phase I contractor agrees to match with the lowest offer of the Phase II tender.
In case of non-matching, the contract will be awarded to the lowest bidder.
ii)
iii)
iv)
Note: i) For further details such as Qualifying Requirements, Detailed scope of work
etc., please visit our website: www.nlcindia.com / CPP Portal (www.eprocure.gov.in)
or contact the General Manager / Contracts, Corporate Office, Neyveli Lignite
Corporation Limited, Neyveli-607801, Cuddalore District, Tamil Nadu, India.
Telephone No. : 04142-252210 252215 & 251620
Fax No. 91-04142-252026, 252645/252646
E-mail: gmconts_co@nlcindia.com
cgmconts_co@nlcindia.com
cgmconts_co@rediffmail.com
cgmconts_co@yahoo.co.in
The Tender documents can be had from the above address on payment of cost of tender
documents by Demand Draft (DD) drawn in favour of Neyveli Lignite Corporation
Limited (NLC) and payable at Neyveli or through NEFT/RTGS mode to NLCs
Account No.10895129204, Beneficiary Name: NLC Ltd., Estt.A/c in State Bank of
India, Branch: Neyveli Main (IFS Code No. SBIN0000958).
The Tender documents may also be downloaded from NLC website www.nlcindia.com
/ CPP Portal (www.eprocure.gov.in) during tender document sale period. In such case,
the cost of tender document shall be paid by way of DD drawn in favour of NLC
Limited, Neyveli, payable at Neyveli or NEFT/RTGS mode to NLCs Account
No.10895129204, Beneficiary Name: NLC Ltd., Estt. A/c in State Bank of India,
Branch: Neyveli Main (IFS Code No. SBIN0000958) and the DD / the remittance
details with UTR No. shall be furnished along with the bid in Part I failing which the
offer shall be rejected. The Bidder is to note that the Bank Commission charges will be
to the account of the bidder and the net amount transferred to NLCs account shall be
equal to the cost of the Tender document.
Amendments / Errata / Corrigendum / Clarifications if any issued for the tender shall form
part
of the tender document. Amendments / Errata / Corrigendum / Clarifications will also be
posted
in NLCs website. Firms are requested to visit NLCs website/ CPP Portal and note the
Amendments / Errata / Corrigendum / Clarifications before submission of offer. Any
ignorance on the part of the firms in not seeing the website will not be an excuse. NLC is
not responsible if any Bidder omits to notice any Amendments / Errata / Corrigendum /
Clarifications. The Amendments / Errata / Corrigendum / Clarifications will be numbered
consecutively. The bidders are requested to sign all the Amendments / Errata /
Corrigendum / Clarifications issued for the tender and enclose along with the bid as these
form part and parcel of tender document.
2.0
QUALIFYING REQUIREMENTS:
2.1
The bidder
(a) Should have drilled 6000 meters in one or more coal/lignite in a year and prepared
geological report for the same block/deposit. Out of the 6000 meters drilling in a year,
at least 10% quantity of drilling i.e 600 meters should be more than the depth of 300
meters.
and
(b) Should have prepared Feasibility Reports (or) prepared Mining Plans for a
coal/lignite mine of Capacity of 4 Million Tonnes Per Annum (MTPA) (from one or
more mines) with a minimum of 2 MTPA capacity from at least one coal/lignite mine.
Mining Plan should have been approved by Ministry of coal.
6
2.2
A bidder who does not meet the above qualifying requirement as cited in 2.1 (a) and (b)
combined can also participate, if he has experience of either 2.1 (a) or 2.1 (b). In such
case, if the aforesaid bidder has relevant experience as cited in 2.1 (a), he shall form a
consortium with a firm who has the relevant experience as cited in 2.1 (b) or vice versa.
The bidder should furnish a valid Consortium Agreement between the bidder and the
consortium partner that fully meets the qualifying requirements stipulated as in Clause2.1(a) and (b) above respectively.
Note: In such a case as in Clause 2.2 above, the bidder shall along with the bid furnish
a letter of consent/Expression of Intentions signed jointly with the consortium partner
for undertaking the work jointly for the successful performance and completion of the
contract. If the bidder becomes successful, prior to the issue of LOA, he has to furnish a
Joint Deed of Undertaking executed with the consortium partners as the case may be in
the format prescribed by NUPPL, for under taking the work jointly and for the
successful performance and completion of the contract and it should be kept valid till
the completion of all the obligations under this contract in which the consortium partner
and the bidder are jointly and severally liable to perform all the contractual obligations.
In case of award, the consortium partner will also be required to furnish back up
guarantee in the form of bank guarantee, for 5% of the contract value in addition to the
10% of the total contract price as contract performance guarantee by the bidder and
should be kept valid till the completion of all the obligations under this contract.
2.3
The bidder shall have positive net worth as per their latest audited financial statements
individually. The consortium partner shall also have the same, as the case may be.
2.4
Average Annual Turnover of the Bidder or the combined average annual Turnover of
the consortium partners shall be more than Rs.4.00 Crores or equivalent foreign
currency in the last three consecutive financial years as on the original schedule date of
EOI opening.
3.0
3.1
TIME SCHEDULE:
The subject work shall be completed in all respects by 39 Months as per the Time
Schedule indicated in SECTION-C, Clause 3.0 of Tender Document
4.0
5.0
5.1
5.2
Name: NLC Ltd., Estt. A/c in State Bank of India, Branch: Neyveli Main (IFS
Code No. SBIN0000958) through RTGS / NEFT and by indicating the UTR No.
b) The Tender documents can also be downloaded from NLC website
www.nlcindia.com / CPP Portal (www.eprocure.gov.in) during tender document
sale period and the cost of tender document shall be paid through (i) crossed
Demand Draft drawn in favour of Neyveli Lignite Corporation Limited, payable at
Neyveli, and shall be enclosed in Part I bid or (ii) RTGS / NEFT and the UTR No.
shall be indicated in the Part I bid.
c) No other mode of payment will be accepted.
The remittance and forwarding letter should bear Tender Reference No. and be
addressed to Accounts Manager, F&A Branch, Corporate Office, Neyveli-607 801
with a copy marked to the General Manager / Contracts, Corporate Office, Neyveli
Lignite Corporation Limited, Neyveli-607 801, Cuddalore District, Tamil Nadu, India.
5.3
5.4
All other terms and conditions along with technical details, regarding Qualifying
requirements, Time schedule, validity of Bid and Instruction to Bidders, etc. are
contained in Tender documents.
5.5
Any offer received after the expiry of the time specified for receiving the offers is
liable for rejection.
5.6
Issuance of tender documents does not mean that the bid/offer of such Bidder would be
automatically considered.
5.7
NLC reserves the right to reject any bid or all bids received at its discretion without
assigning any reason what so ever.
5.8
Consortium partner of a bidder for this tender cannot be a bidder for this tender.
5.9
NLC shall not be responsible for any delay, loss or non-receipt of the Tender
document, any letter or Bid which is sent through post/courier either way.
5.10
The bidders have the option of sending the bid by registered post or courier or
submitting in person. Bids submitted by Fax/Email will not be accepted. The Purchaser
shall not entertain any request by the Bidder to collect the bid proposals from airlines
or cargo agents etc.
Bids must be received by the Purchaser at the address specified not later than the time
and date specified in the Invitation to the Bid.
5.11
5.12
Request for issue of Tender Documents received after the last date of sale of tender
document will not be considered even if the demand draft is dated on or before the last
date of sale of tender document.
SECTION-B
INSTRUCTIONS TO BIDDERS
SECTION - B
NUPPL - PACHWARA SOUTH COAL BLOCK
DUMKA DISTRICT OF JHARKAND STATE
TENDER NO : CO. Conts./0005C/MDOPh 1/PACHWARA SOUTH/2015,
Dt. 11.03.2015
1.0
NLC OVERVIEW
1.1
1.2
The following Lignite based projects at Neyveli are under execution viz., Thermal
Power Station II expansion of capacity 2 x 250 MW, New Neyveli Thermal Power
Station 2x 500 MW. In addition NLC is also implementing a coal based Thermal
Power Project of capacity ( 2 x 500 MW) called NLC Tamil Nadu Power Limited
(NTPL) at Tuticorin, Tamil Nadu, as a joint venture between NLC Limited (NLC) and
Tamil Nadu Generation and Distribution Company (TANGEDCO). Further 51 MW
Wind Power Project and 10 MW Solar Power Project are under execution. NLC with
its excellent performance, figures among the top profit making Public Sector
Undertaking. For more details, Kindly visit NLCs Web site: www.nlcindia.com
2.0
NUPPL OVERVIEW
NEYVELI UTTAR PRADESH POWER LIMITED (NUPPL), a Joint Venture between
Neyveli Lignite Corporation Ltd. (NLC), and Uttar Pradesh Rajya Vidyut Utpadan
Nigam Limited (UPRVUNL) in the ratio of 51:49. The project is for the installation of
three numbers super critical units of 660 MW each in the first phase at Ghatampur
Tehsil in Uttar Pradesh.
2.1
Ministry of Coal (MoC) has allocated Pachwara South Coal Block in Jharkhand State
to NUPPL with a Geological Reserve of 279 MT on 25/07/2013 for the end use plant at
Ghatampur, Uttar Pradesh.(3 X 660 MW)
3.0
INTENT OF NUPPL
M/s Neyveli Lignite Corporation Limited, Neyveli, on behalf of Neyveli Uttar Pradesh
Power Limited (NUPPL) invites bids in English, one original and its six copies from
technically and financially sound Bidders from India and abroad with relevant
experience in Coal Mining, for the Work Phase 1 Detailed Exploration, DGPS
Survey, Preparation of Reports such as FR, Mining Plan, EIA/EMP SIA & obtaining
Pre-Development clearance for Pachwara South Coal Block, Dumka District of
Jharkand State.
10
4.0
SCOPE OF WORK
The scope of work covered under this WORK is for Phase 1 Consisting of
activities such as carry out DGPS Survey, Detailed Exploration, Preparation of Reports
such as FR, Mining Plan, EIA/EMP SIA & obtaining Pre-Development clearance for
Pachwara South Coal Block, Dumka District of Jharkand State The detailed scope of
work is covered in Section-F.
4.1
The subject work shall be completed in all respects as per the Time Schedule indicated
in SECTION-C, Clause 3.0.
4.6
*The points for discussion may be furnished in advance both in hard and soft copy to
the undersigned and also to the below E-mail ID for clarification
Note:
(a) For further details such as Qualifying Requirements, Detailed scope of work etc., please
visit our website:www.nlcindia.com / CPP Portal (www.eprocure.gov.in). or contact the
Chief General Manager/Contracts, Corporate Office,
Neyveli Lignite Corporation
Limited, Neyveli-607801, Cuddalore District, Tamil Nadu, India.
Telephone No. : 04142-252210, 252215 & 251620
Fax No. 91-04142-252026, 252645/252646
E-mail: gmconts_co@nlcindia.com
cgmconts_co@nlcindia.com
cgmconts_co@rediffmail.com
cgmconts_co@yahoo.co.in
(b) The Tender documents can be had from the above address on payment of cost of tender
documents by DD drawn in favour of NLC Limited payable at Neyveli. The Tender
documents may also be downloaded from NLC website www.nlcindia.com/ CPP Portal
(www.eprocure.gov.in) during tender document sale period. In such case, the cost of
tender document shall be paid by way of DD drawn in favour of NLC Limited, Neyveli,
payable at Neyveli or NEFT/RTGS mode to NLCs Account No.10895129204
Beneficiary Name: NLC Ltd., Estt. A/c in State Bank of India, Branch: Neyveli Main
(IFS Code No. SBIN0000958) and the DD / the remittance details with UTR No. shall be
furnished along with the bid in Part I failing which the offer shall be rejected. The Bidder
is to note that the Bank Commission charges will be to the account of the bidder and the
net amount transferred to NLCs account shall be equal to the cost of the Tender
document.
11
(c) Amendments / Errata / Corrigendum / Clarifications if any issued for the tender shall
form part of the tender document. Amendments / Errata / Corrigendum / Clarifications
will also be posted in NLCs website. Firms are requested to visit NLCs website/ CPP
Portal and note the Amendments / Errata / Corrigendum / Clarifications before
submission of offer. Any ignorance on the part of the firms in not seeing the website will
not be an excuse. NLC is not responsible if any Bidder omits to notice any Amendments /
Errata / Corrigendum / Clarifications. The Amendments / Errata / Corrigendum /
Clarifications will be numbered consecutively. The bidders are requested to sign all the
Amendments / Errata / Corrigendum / Clarifications issued for the tender and enclose
along with the bid as these form part and parcel of tender document.
5.0 QUALIFYING REQUIREMENTS FOR THE BIDDERS:
5.1 The bidder
(a) Should have drilled 6000 meters in one or more coal/lignite in a year and prepared
geological report for the same block/deposit. Out of the 6000 meters drilling in a
year, at least 10% quantity of drilling i.e 600 meters should be more than the depth of
300 meters.
and
(b) Should have prepared Feasibility Reports (or) prepared Mining Plans for a coal/lignite
mine of Capacity of 4 Million Tonnes Per Annum (MTPA) (from one or more mines)
with a minimum of 2 MTPA capacity from at least one coal/lignite mine. Mining Plan
should have been approved by Ministry of coal.
5.2 A bidder who does not meet the above qualifying requirement as cited in 5.1 (a) and (b)
combined can also participate, if he has experience of either 5.1 (a) or 5.1 (b). In such
case, if the aforesaid bidder has relevant experience as cited in 5.1 (a), he shall form a
consortium with a firm who has the relevant experience as cited in 5.1 (b) or vice versa.
The bidder should furnish a valid Consortium Agreement between the bidder and the
consortium partner that fully meets the qualifying requirements stipulated as in Clause5.1(a) and (b) above respectively.
Note: In such a case as in Clause 5.2 above, the bidder shall along with the bid furnish a
letter of consent/Expression of Intentions signed jointly with the consortium partner for
undertaking the work jointly for the successful performance and completion of the
contract. If the bidder becomes successful, prior to the issue of LOA, he has to furnish a
Joint Deed of Undertaking executed with the consortium partners as the case may be in
the format prescribed by NUPPL, for under taking the work jointly and for the successful
performance and completion of the contract and it should be kept valid till the completion
of all the obligations under this contract in which the consortium partner and the bidder
are jointly and severally liable to perform all the contractual obligations. In case of award,
the consortium partner will also be required to furnish back up guarantee in the form of
bank guarantee, for 5% of the contract value in addition to the 10% of the total contract
price as contract performance guarantee by the bidder and should be kept valid till the
completion of all the obligations under this contract.
5.3 The bidder shall have positive net worth as per their latest audited financial statements
individually. The consortium partner shall also have the same, as the case may be.
5.4 Average Annual Turnover of the Bidder or the combined average annual Turnover of the
consortium partners shall be more than Rs.4.00 Crores or equivalent foreign currency in the
last three consecutive financial years as on the original schedule date of EOI opening.
12
6.0
7.1.2
Neyveli Lignite Corporation Limited takes no responsibility for delay, loss or nonreceipt of any letters/documents sent by post either way and also reserves the right to
reject any bid in part or in full without assigning any reason therefor.
7.1.3
The bids submitted by Tele-Fax or E-mail will not be accepted. The Bidders shall
submit the bids in the following manner:
7.2.0
7.2.1
7.2.2
The amount of Bid Guarantee may also be remitted through 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. 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 Bid Guarantee stipulated in the tender.
7.2.3
The Bid Guarantee can also be in the form of an Irrevocable Bank Guarantee from any
Scheduled Commercial Bank in India authorized by RBI, other than Bank of China.
7.2.4
The Bid Guarantee submitted in any manner shall not bear any interest.
7.2.5
14
7.2.6
in the event of any of the contingencies mentioned in Clause 7.2.5 (A) to (C) ,
NLC shall have the right at their discretion, to reject the bid without notice to
the bidder(s).
(ii)
in the event of the contingency mentioned in Clause 7.2.5. (D) & (E), NLC
shall have the right to cancel the LOA/Contract, without notice to the bidder(s).
(iii)
in addition to (i) and (ii) above, NLC shall also have the right to debar the
defaulting bidder(s) for a period to be specified, from participating in any of
their tenders and the decision of NLC in this regard shall be final and binding
on the bidder(s).
7.2.7 Return of Bid Guarantee:
i)
ii)
iii)
(iv)
7.2.8
7.2.9
The Bid and other documents shall be submitted only by the bidder on whose name the
tender documents have been issued.
All Bank Guarantees except bid guarantee, are to be furnished directly by the Banker to
NLC either by RPAD / Speed Post / Courier.
7.3.0
7.3.1
This part shall contain prices only. This shall be furnished in the Schedule of Prices
as per format enclosed (SECTION-G) and submitted in a separate sealed cover
indicating the tender enquiry number, date of opening and full address of the Bidder
and super-scribing clearly as PART-II - Price Cover at the top. This shall contain the
Schedule of Prices and Bid Form as per the Format given in SECTIONS G & I duly
filled in by the Bidder.
7.3.2
On the date and at the time of opening, Part-I of the Bid will be opened and read out.
Part-II of the bid (PRICES) will be lodged and opening of the same will be intimated
separately to bidder(s) who have been shortlisted techno-commercially.
Schedule of Prices shall not be enclosed to Part-I. However, copy of Schedule Un
Priced as per SECTION-G with the word Quoted in lieu of price shall be
enclosed with Part-I.
7.3.3
15
7.4
The outside of the envelopes (Outer Cover, Part I Cover and Part II Cover) should
also indicate clearly the, Tender Reference, Part of Tender, Name of the Bidder and his
address. In addition, the left hand corner of the envelope or container should indicate
the Tender Number and the bid opening date and time. Bids with no indication given
on the outside of the envelope to indicate that it is a bid document, which therefore gets
opened before the due date, shall be liable to be disqualified.
7.5
All bids shall be prepared in English language only by typing or printing with indelible
black ink. In total (7) copies, one original and six identical copies of the proposal
complete in all respects shall be submitted by the Bidder clearly indicating the original
and the number of the copy. Bids must be received / deposited / delivered by / to
the officials and address mentioned below, not later than 14.30 Hrs. IST on the date
fixed for tender opening.
S/Shri.
A. Jayaraj, Chief Manager /Contracts
V. Dakshinamoorthy, Manager/Contracts
C. Venkataraman, Manager/Contracts.
O/o The General Manager / Contracts/Corporate Office
Neyveli Lignite Corporation Limited
Neyveli 607 801. Cuddalore District.
Tamil Nadu.
Within the date and time indicated in Clause.7.1.1 above.
Bids deposited/delivered after the time & date fixed for the receipt of the bids shall be
rejected.
7.6
The Bidders are at liberty to be present or send their authorized representatives not
more than 2 persons to be present at the time of opening the bids with due authorization
for participating in the bid opening.
7.7
Bidder is required to go through all points in the tender document and if necessary make
a site visit to the proposed Project site, at his cost and get them self fully and completely
acquainted with site conditions to enable him to submit a most responsive, competitive
and technically suitable offer.
7.8
Request for clarification, if any, from the Bidders should reach NLC/ NUPPL within
two weeks of the date of purchase of the tender documents by the concerned bidder. In
response to such requests or even otherwise, NLC/ NUPPL shall have the right to
provide clarifications as may be considered necessary to all those who have purchased
the tender documents. In any case, NLC/ NUPPL shall not be liable to entertain any
request for clarifications received not less than seven days prior to the scheduled
Tender Opening date.
7.8.1
Requests for clarifications received after the stipulated time as indicated in Cl.7.8 shall
not be considered. The NLC/ NUPPL shall endeavor to render / communicate their
clarifications in writing to the bidder without delay. After receipt of such clarifications,
the bidder may submit his bid but within the time and date as indicated in the NIB. All
such clarifications and the relevant exchange of correspondence between the parties in
this regard shall form part of the tender specifications and contract documents.
16
7.9
General:
7.9.1
7.9.2
This is a two stage tender. On the date and time of opening, Part - I containing Bid
form, Bid Guarantee, Documents to satisfying Qualifying Requirements technical and
commercial aspects will be opened and read out. The Part -II (Prices) of the bid will be
lodged and opening of the same will be intimated later separately to the Bidder who
has been qualified on Techno Commercial aspects.
7.9.3
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.
7.9.4
If any of the bidders, takes any deviation to the conditions prescribed in the Notice
inviting Bids (NIB), the Client may consider such deviations and render/communicate
their decisions if the deviations taken by the bidder is not acceptable to them. In spite
of such decision by the Client on the deviation taken by the bidder, if the bidder
declines to accept the same, the Client shall be at liberty to reject such bid, as being not
in conformity with the conditions of Tender, and the decision of the Client in this
regard is final and binding on the bidder.
7.9.5
Deviations if any, taken by the bidder on any clause of this Tender Document shall be
listed and indicated only in the formats titled Deviation Schedule (SECTION E).
Deviations listed elsewhere shall be summarily rejected and shall also be ignored.
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, besides forfeiture of EMD/Bid Guarantee as the case
may be. In addition to the above such bidder shall also be debarred either permanently
or for a fixed period, at the discretion of NLC, from participating in any of the NLCs
future tender.
7.10
8.0
SIGNATURE OF BIDS
8.1
The Bid must contain the name, residence and place of business of the person or
persons making the Bid and each page of the Bid must be signed and sealed by the
Bidder with his full signature. The name of the person/persons signing should be typed
or printed below the signature.
Bid by a partnership must be furnished with full names of all partners and be signed
with the partnership name, followed by the signature and designation of one of the
authorised partners or other authorised representative(s).
8.2
17
8.3
8.4
8.5
The Bidders name stated on the proposal shall be the exact legal name of the firm.
8.6
Any corrections, erasure or other changes in the Bid documents shall bear the initials of
the person and seal of the Company signing the Bid.
8.7
8.8
Bids not conforming to the above requirements are liable for disqualification.
9.0
PRICE BASIS:
10.0
In the event of awarding a Contract in favour of the bidder, the price/contract value
accepted by the Client, as mentioned in the LOA, shall remain firm till the completion
of the Contract and no claim for escalation or compensation for any reason whatsoever
shall be entertained by the Client either during the currency or after the completion of
the contract, unless the same is permissible under any other terms of the Contract
mentioned elsewhere.
VALIDITY OF THE BID
The Bid shall be kept valid for 8 (eight) months from the date of opening of the Bids.
11.0
11.1
11.2
12.0
13.0
13.1
EVALUATION OF BIDS:
The following procedure would be followed for evaluation of bids.
13.2
All the bidders would be brought at par with reference to technical specification,
Commercial Condition of Contract, Instructions to Bidders and subsequent technocommercial discussions/ clarifications if any.
13.3
13.4
All the Sl. Nos. and columns in the `Schedule of Prices' shall be quoted both in figures
as well as in words. If no prices are envisaged for any of the entries, `Nil shall be
mentioned. The terms, such as not applicable, if applicable, included included
in, included above -------or blank shall not be used. As applicable extra at the
time of supply is not permitted against any column.
13.5
If there is any discrepancy between the amount quoted in words and figures, the
amount quoted in words will be considered.
13.6
In case the amount indicated against the sum of items/total price in the schedule of
prices does not tally with the totaling of individual items, then the sum of individual
item prices will be taken for evaluation.
13.7
The Bidder has to satisfy himself that full information is furnished as required in the
tender documents. Lack of particulars or incomplete information furnished will be at
the risk of rejection of the Bid, without notice.
13.8
The Bids received and accepted will be evaluated by the Client to ascertain the most
suitable Bid in the interest of the Client, for the complete works covered under this
document.
14.0
VITAL CLAUSES:
All the clauses in the General Commercial Conditions of Contract and Scope of work
and other conditions are vital and no deviations are permitted in these clauses.
However, deviations if any taken will be dealt as per clause No. 7.9.4 above.
15.0
19
In order to achieve these goals, NLC is implementing the Integrity Pact Programme in
co-operation with Central Vigilance Commission (CVC) and renowned International
Non-Governmental Organisation, Transparency International India (TII).
The Integrity Pact Programme will cover Tenders / Contracts valued at
Rs. 1 Crore or above.
The Integrity Pact Programme covers the following aspects.
i) Commitments and Obligations of NLC (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 NLC,
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 NLC, would 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 duly filled and signed in his
offer enclosed in Part-I cover.
The format of Integrity Pact, which should form a part of the tender, is enclosed as
SECTION J.
INDEPENDENT EXTERNAL MONITORS
E maiI: sundaradevan@gmail.com
1. Shri. N.Sundaradevan, I.A.S. (Retd.)
Ph. No: 09840594444.
No.18,S.K.Prestige,
Dr.RadhakrishnanSalai,
Tatabad, Coimbatore 641 012.
2. Shri. D.Mukherjee, IPS (Retd.),
No. 2 / 670, IPS / IAS Officers Colony,
Manappakkam, Porur,
CHENNAI 600 116.
E mail: ratnajee@hotmail.com
Phone: 044 2252 2466
Mobile: 099400 60000
E maiI: pnpathak1944@gmail.co.in
Ph. No: 0522 2356977
Mobile: 9415402654; 9415066921
16.0
CONDITIONS OF CONTRACT:
Subject to the conditions enumerated in the Commercial Conditions of Contract, the
tender will be governed by "Technical Specification" as detailed in the document. The
Technical Specification shall prevail over other conditions elsewhere specified in the
tender document to the extent they differ from other conditions.
20
Yours faithfully,
for NEYVELI LIGNITE CORPORATION LIMITED,
21
SECTION - C
GENERAL COMMERCIAL
CONDITIONS OF CONTRACT
22
SECTION-C
GENERAL COMMERCIAL CONDITIONS OF CONTRACT
INDEX
CL.
No.
1.0
1.1
2.0
3.0
4.0
5.0
5.4
6.0
6.6
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
15.0
16.0
17.0
18.0
18.2
19.0
20.0
21.0
22.0
23.0
24.0
25.0
26.0
27.0
28.0
29.0
30.0
31.0
32.0
33.0
34.0
35.0
36.0
37.0
38.0
39.0
CONTENTS
DEFINITIONS
SCOPE OF PROPOSAL
PRICE
TIME SCHEDULE
DELIVERABLES
LIQUIDATED DAMAGES (LD):
GRANT OF EXTENSION OF TIME
BANK GUARANTEES (GENERAL)
CONTRACT PERFORMANCE GUARANTEE
PAYMENT TERMS
DOCUMENTS TO BE FURNISHED FOR CLAIMING PAYMENT
INSURANCE
WORK AND SAFETY REGULATIONS
LABOUR LAWS
FACILITIES
SECRECY
LIMITATIONS OF LIABILITIES AND RESPONSIBLITIES
EVALUATION AND COMPARISON OF BIDS
TECHNICAL SOUNDNESS
FORCE MAJEURE
DISPUTES
CONCILIATION
ARBITRATION OF DISPUTES
PATENTS
TERMINATION
FORE CLOSURE OF CONTRACT
TAXES & DUTIES ETC
LANGUAGE
ADDITIONAL SERVICES
ASSIGNMENT AND SUBLETING OF CONTRACT
RETURN OF DOCUMENTS
INDEMNITY
OWNERSHIP OF DOCUMENTS
APPROVALS
CLEARANCE FROM STATUTORY AUTHORITIES
EFFECTIVE DATE OF CONTRACT AND PERIOD OF
CONTRACT
DEFECTS IN CONTRACTORS WORK
DELETION
ACCESS TO CONTRACTORS OFFICES
JURISDICTION OF CONTRACT
CORRESPONDENCE
NUMBER OF VISITS BY CONTRACTORS
MANNER OF SIGNING OF CONTRACT
23
PAGE
No.
24
27
27
27
30
32
33
33
34
34
38
38
38
38
38
38
39
39
39
39
40
40
41
42
42
43
43
44
44
44
45
45
45
46
46
46
46
46
46
46
46
47
47
SECTION-C
GENERAL COMMERCIAL CONDITIONS OF CONTRACT
1.0
DEFINITION OF TERMS
Note: Although details presented in this Tender document have been compiled with
all reasonable care, it is Bidders responsibility to satisfy them self that the
information/documents are adequate and that there are no conflicts between various
documents/stipulations. No dispute or claims will be entertained on this account. Offer
proposal preparation is the responsibility of the Bidder and no relief or consideration
can be given for errors and omissions.
The following words and expressions as used in this Contract (as hereinafter defined)
shall have the meanings hereof assigned to them except where the context otherwise
requires.
1.1
Approval of the NLC shall mean the written approval by the NLC and in respect to
matters delegated to the Consultant by NLC , by the Consultant of a document, or
drawing, or other particulars or matters, in relation to the Contract.
1.2
`Bid' or Offer shall mean the complete set of documents submitted, on or before
the Tender Opening Date, by the Bidder as its bid/offer, pursuant to the Tender and in
accordance with the terms of the Tender, and shall include all Annexures, Appendices,
explanatory statements and other like attachments.
1.3
'Bidder' shall mean the entity which has submitted a Bid. Bidder may be an individual,
a Joint venture company, registered partnership or a registered company.
1.4
Codes and Standards' shall mean all the applicable codes and standards as indicated in
the system specification
1.5
CONTRACTOR' shall mean the BIDDER whose bid has been accepted by the
CLIENT and who is so notified by the issue of a LOA and with whom the `Contract'
is entered by the CLIENT and shall include his heirs, legal
representatives,
successors and permitted assignees.
1.6
Contract shall mean and include the agreement between the CLIENT and the
Contractor duly signed by or on behalf of both the parties thereto, for the execution of
the works together with all documents annexed/attached therewith and shall include,
upto the date of execution of the contract agreement, the LOA.
1.7
`Contract Period' shall mean the period within which the Contract is required to be
completed, as agreed between the Contractor and the NLC in the Contract and shall
include, subject to any conditions that may be imposed, the period(s) of extension
granted by the NLC.
24
1.8
Contract Price in relation to particular contract shall mean the total or aggregate
consideration to be paid by the NLC to the Contractor, including price variations if any
as provided in the Contract, with respect to such contract.
1.9
Date of Contract' shall mean the date on which NLC and the Contractor have signed
the Contract agreement.
1.10
Dimensions shall mean the extent of line, area, volume. They are to be based on the
metric system.
1.11
Drawings shall mean the designs, plans, drawings, diagrams, tracings and prints
thereof and details which are required to be supplied by Contractor as per terms of
contract for the execution of the package and shall include the ones approved by the
CLIENT/Consultant
1.12
"Effective date of Contract" shall mean the date of the Letter of Award, unless a
different date is shown in the LOA
1.13 ENGINEER' shall mean the Officer nominated by the CLIENT for the performance of
the Contract.
1.14
Field work shall mean all activities to be carried out in the field involving site
preparation, etc.
1.15
Inspector/ Inspecting Engineer shall mean any person or persons, or any firm
nominated by or on behalf of the CLIENT or his duly authorised agent or to inspect
equipment, supplies, materials or any type of work under the contract.
1.16
`Instructions' shall mean any drawings and/or instructions, oral and/or in writing
details, direction and explanations issued by the CLIENT from time to time during the
`CONTRACT PERIOD'
1.17
1.18
Project/Projects means, the proposed Pachwara South Coal Block, Dumka District of
Jharkhand State
1.19
'Letter of Award' shall mean the official communication issued by the NLC/ NUPPL
notifying the successful Bidder that his Bid, with or without modifications, has been
accepted, which interalia requires the Contract agreement to be executed
1.20
`Notice in Writing', `Written Notice' shall mean any notice, written, typed or printed,
sent (unless delivered personally or otherwise proved to have been received) by
registered post to the last known/notified official address or registered office of the
addressee, and shall be deemed to have been received when in the ordinary course of
post it would have been delivered.
1.21
1.22.
`PURCHASER` shall mean the Neyveli Lignite Corporation Limited and include their
successors and permitted assignees, as well as their authorised officers/ representatives
1.23
`Specification shall mean collectively all the terms and stipulations contained in the
tender documents known as the Commercial Conditions of Contract and Technical
Specifications and Conditions of Contract and Special Conditions, if any, such
Amendments, Revisions Deletions or Additions, as may be made in the Agreement
and all written Agreements made or to be made pertaining to the method and
manner of performing the `Works' or to the quantities and the Qualities of the
materials to be furnished under the `Contract'.
1.24
Site shall mean the entire area, contiguous or otherwise, which encompasses the
place or places at or in which the whole or a part of the Work or services under the
Contract is to be carried out and shall include such other places as may be specifically
provided by the NLC in the Contract for any stated purposes
1.25
Successful Bidder shall mean the Bidder to whom LOA has been issued accepting his
Bid.
1.26
Tender shall mean the Notice Inviting Bid issued by the NLC together with the
Instructions to Bidders, General Commercial Conditions of Contract, Technical
Specifications and Special Conditions, howsoever called, and shall include
Appendices, Annexures and attachments thereto, as also any and all amendments /
corrigendum/ errata issued by the NLC till the Tender Opening Date.
1.27
Tender Opening Date shall mean the time, day, month and year fixed as per the
Tender, for the opening of the sole or first cover of the Bid, as the case may be, and in
the event of any postponement, the time, day, month and year as postponed by the NLC
1.28
Time shall be reckoned by months, weeks, days and hours, month being equivalent to
the calendar month according to the Gregorian Calendar. The day or days unless herein
otherwise expressly defined shall mean calendar day or days of 24 hours each.
1.29
Work shall mean the equipment to be supplied and services to be provided by the
CONTRACTOR under the scope of the Contract'.
1.30
Works shall mean and include all works specified or put forth and required in the
specifications, drawings and schedules hereto annexed or referred to or to be implied
there from or incidental thereto or to be hereafter specified or required in such
explanatory instructions and drawings as shall from time to time during the progress of
the work hereby contracted for, be supplied by the CLIENT and to be supplied and
executed by the Contractor
1.31
The various Acts and Regulations are normally available for sale from the following
address:
`Deputy Controller,
Publication Department,
Government of India,
Civil Lines, Delhi - 110 006.
and with leading authorized Government of India book sellers.
26
1.2
SCOPE OF PROPOSAL
The scope of this tender is on the basis of single bidder responsibility for the complete
Scope of work viz. carry out Detailed Exploration, DGPS Survey, Preparation of
Reports such as FR, Mining Plan, EIA/EMP, SIA & obtaining Pre-Development
clearance for Pachwara South Coal Block, Dumka District of Jharkhand State. The
detailed scope of work is covered in Section-F.
2.0
PRICE:
2.1
The Bidder shall quote in Part II Price Schedule for the entire scope of work as
detailed in Section-F. The prices quoted shall be firm and fixed lump sum basis
inclusive of all taxes and duties and shall remain valid till the completion of entire
scope of work.
For the entire scope of work, the total fees and charges payable by the CLIENT shall
remain firm and fixed till fulfillment of all the obligations under this Contract. The fees
shall cover visiting site and collecting data/information/ details from authenticated
sources necessary to prepare draft materials for carrying out Detailed Exploration,
DGPS Survey, Preparation of Reports such as FR, Mining Plan, EIA/EMP SIA &
obtaining Pre-Development clearance, Expert fees, Taxes & Duties, Travel and living
expenses including power point presentation of the reports to appraisal agencies,
Computer Charges, Local transport, Boarding and lodging, cost of all deliverables
indicated in Clause 4.0.
2.2
3.0
TIME SCHEDULE:
Time is the essence of this contract. The Scope of work is divided into the following
three events. Scope covered under this work shall be performed as per the time
schedule given below, reckoning from the date of Letter of Award (LOA). The total
period of contract is 39 months from the date of LOA.
3.1
(iii)
3.1.1
Notification under section 4 (1) of CBA Act 1957 1.5 months (1.5 months
from the date of LOA)
Permission for drilling forest land falling in Coal Block area from MOEF&CC
through Forest Department, Govt. of Jharkhand (4 months from the date of
LOA).
Detailed Exploration & Drilling - 12 months (13.5 months from the date of
LOA) for completion of all activity including Submission of Final Geological
Report. (GR).
The total period for this event is 13.5 months from the date of LOA. However, if the
completion is delayed due to any cause beyond the control of the successful
Bidder/Contractor, NUPPL may on application by the contractor in writing before the
expiry of time limit, allow such extension of time for completion of work.
27
3.2
3.3
3.3.1
Sl.
No
1
1(a)
1(b)
1(c)
2
2(a)
2(b)
2(c)
* DGPS Survey task will run concurrently with preparation of Mining Plan and
Feasibility Report. The total period for this event is 21.5 months from the date of
LOA.
REPORTS & CLEARANCES:
The total period for this event (A to F) is 39 months from the date of LOA.
(A)
MINING PLAN & FEASIBILITY REPORT
Activity
Period
28
(B)
3
Sl. No.
Events
Days from LOA
Submission of seven (7) hard copies
each of Draft Rapid EIA/EMP report
and SIA study, Draft Executive 120 days from the date of
Summary in English and in local completion of GR (17.5 months
(a)
language and one hard copy of draft from the date of LOA)
Power Point Presentation for Public
Consultation.
Submission of final presentation
material in English for public
consultation incorporating issues
raised during public hearing, minutes
of public hearing in the draft final
EIA/EMP report and SIA study, 150 days from the date of
submission of twenty (20) hard completion of GR (18.5 months
(b)
copies each of the final Rapid from the date of LOA)
EIA/EMP report and final Executive
Summary after incorporating NLCs
comments along with a soft copy of
draft presentation material for the
EAC of MoEF&CC.
Submission of thirty (30) hard copies
of final EIA/EMP report and SIA 225 days from the date of
study along with public hearing completion of GR (21 months from
(c)
minutes one soft copy of final the date of -LOA)
presentation material.
(C)
SITE SURVEY & CONTOURING WORK
Sl No.
1.
2.
(D)
Clearances
Time Schedule
(E)
(F)
Pre developmental clearances are to be obtained after completion of the tasks awarded
to the BIDDER at each stage according to the scope of work within the framework of
MOC guidelines for developing the coal block.
Sl No.
Clearances
1.
2.
Environmental Clearance
3.
4.
Mining Lease
AAI Clearance
5.
4.0
Time Schedule
DELIVERABLES
The Contractor shall prepare and submit to the Client the following:
4.1
4.2
2)
Monthly progress Report (MPR) in both hard & soft copy in respect of activity
completed during each month which includes
(a)
(b)
(c)
3)
4)
DGPS SURVEY:
1.
2.
30
4.3
(B)
EIA/ EMP REPORT AND SIA STUDY
The successful bidder shall prepare and submit to the CLIENT (NUPPL) the following.
1.
Three (3) copies of the report containing the data generated / collected during the
field measurement / survey. Seven (7) hard copies each of
(i) Draft Rapid EIA/EMP report,
(ii) Draft Executive Summary of Rapid EIA/EMP report in English and local
language,
(iii) One hard copy of draft Power Point Presentation material for Public
Consultation and
(iv) One soft copy of the above (i), (ii) & (iii)
2. Seven (7) hard copies each of
(i) the final draft Rapid EIA/EMP report
(ii) Final draft Executive Summary of Rapid EIA/EMP report in English and in
local language,
(iii) One hard copy of Final draft power point presentation material and
(iv) One soft copy of (i), (ii) & (iii) above, after incorporating NLCs comments.
3. Ten (10) hard copies and one soft copy of the final Power point presentation
material in colour for Public Consultation
4. One soft copy of final EIA-EMP report and filled-up draft (i) Application Form
(Schedule II) and (ii) Proforma for Environmental Appraisals of Mining Projects
(Mining sector projects), after incorporating NLCs comments.
5. Thirty (30) hard copies of final Rapid EIA/ EMP report.
6. The bidder should submit 3 copies of draft SIA report each in hard and soft forms
(DVD) with all the plans and drawings (to scale)
7. The bidder should submit 10 copies of final SIA report each in hard and soft
forms (DVD) with all the plans and drawings (to scale)
8. Thirty (30) hard copies of Final Executive Summary in English and Thirty (30)
hard copies in local language containing salient details of the final Rapid
EIA/EMP report and twenty (20) hard copies of (i) Application Form (Schedule
II) and (ii) Proforma for Environmental Appraisals of Mining Projects (Mining
sector projects).
9. A soft copy of the entire volume of the accepted final report, Executive Summary
in local language and English and power presentation materials.
10. All reproducible tracings, original drawings, computer models etc., utilized for
preparation of Rapid EIA/EMP report and a soft copy of the same.
31
11. One soft copy of draft Power point presentation material containing salient
features of final Rapid EIA/EMP and incorporating Public Consultation/hearing
remarks for presentation to statutory authorities viz SPCB/ MOEF&CC.
12. Twenty (20) hard copies of the final Power point presentation material in colour
and one soft copy after incorporating NLCs comments for presentation to
statutory authorities viz SPCB/MOEF&CC Expert Appraisal Committee.
13. Besides the above, the Report shall also include photographs covering existing
environmental status in the core and buffer zone.
(C)
1.
2.
(D)
(E)
(F)
5.0
5.1
The time stipulated as per clause 3.0 for the above work shall be the essence of the
contract. In the event of the Contractor failing to adhere to the time specified in the
Contract, due to the reasons attributable to the Contractor, NLC shall deduct towards
Liquidated Damages (LD) for any delay in completing that event at the rate of 0.5% per
week of delay or part thereof of Contract price of that event, subject to a ceiling of 10
% of the total contract price.
5.1.1
However if the Contractor completes the entire work within 39 months from the date of
LOA, the LD recovered for the individual events, if any will be released back without
interest to the contractor after completion of entire work and certified by the CLIENT.
5.2
If the reason for the delay is solely attributable to NUPPL, adequate time extension will
be given to the Contractor to the extent of delay attributable to NUPPL. Time is essence
of contract and shall remain so, notwithstanding extension of time, if any granted by
NUPPL for completion of work.
5.3
(a) If the reason for the delay is purely attributable to the Contractor, NUPPL shall
deduct towards Liquidated Damages (LD) and extension of time would be granted
subject to deduction towards Liquidated damages.
32
(b) If the decision regarding the reasons for the delay is required to be analysed and
the same can only be determined after completion of the work or if the issue is
likely to enter into dispute or requires in-depth study to if the responsibility for the
delay, the extension of time, will be given subject to levy of LD, if considered
necessary. However, as a precaution the amount equivalent to the maximum LD
leviable would be withheld from the running bills at the stage where the balance
payment may not be able to cover the LD and other obligations as per the
provisions of the Contract.
(c) In case the above arrangement causes difficulty to the Contractor in cash flow and
progress of work, an amount upto 90% of the withheld amount can be released to
the Contractor against suitable Bank Guarantee for 100% of the withheld amount if
requested by the Contractor. In such case, as soon as the work is completed, all
efforts will be taken by NUPPL, to settle the LD issue preferably within 6 months
from completion of work.
(d) However, 90% of the withheld / leviable liquidated damages amount may be
considered by the NUPPL for release against submission and acceptance of LDBG
as per the format enclosed (Section - D) in the tender / contract for 100% of the
leviable LD amount.
5.4
5.4.1
5.4.2
Time extension may be granted only on bonafide request and not in a routine manner.
Request for extension of time shall be submitted by the CONTRACTOR in writing
and the Owner, based on the merit, shall consider the request and convey his decision
to the CONTRACTOR in writing within a reasonable time. Such extension shall not
release the contractor of any of his obligations including Liquidated Damages (LD).
6.0
6.1
All the bank guarantees shall be irrevocable. The Bank Guarantee shall be from any
scheduled Commercial bank in India (other than the Bank of China) authorized by
Reserve Bank of India to issue such Bank Guarantee. In case of Foreign bidder, the
Bank Guarantee shall be from any reputed commercial Bank of the bidder /
Contractors Country approved by Reserve Bank of India (other than Bank of China) /
acceptable to Client. Except Bid Guarantee, all Bank Guarantees are to be furnished
directly by the Banker to NLC by RPAD/Speed Post/Courier to the following address:
The General Manager/ Contracts,
Corporate Office,
Neyveli Lignite Corporation Limited,
Neyveli - 607 801, Cuddalore District,
Tamil Nadu, INDIA.
6.2
The bank guarantee shall be furnished as per respective formats (Section-D) prescribed
by the Client and shall be submitted on Non-judicial stamp paper of value Rs.80/- and
the stamp paper shall be in the name of the bank.
6.3
All the Bank Guarantees shall be payable on first demand, without demur, irrespective
of any dispute between the Bank and the Contractor to the Client without any condition
or dispute whatsoever.
33
6.4
The Contractor shall arrange to keep the several Bank Guarantees referred to herein
valid for the requisite duration by making timely request to banks or Bank concerned.
All the extension for Bank Guarantees also shall be on non-judicial stamp paper of
value Rs.80/- obtained in the name of the Bank. All charges connected with the Bank
Guarantees shall be to the account of the CONTRACTOR.
6.5
No interest shall be payable by the Client on the Bank Guarantee or on any part of the
Bank Guarantee encashed. The Client shall have the right to encash the Bank
Guarantees for non-compliance of any or all the terms and conditions of the contract.
Failure, delay or omission to invoke or encash a Bank Guarantee, shall not disentitle or
disable the NLC from exercising the right to invoke the Bank Guarantee, subsequently
for the same or similar or other triggering event.
6.6
6.6.1
The successful Bidder shall furnish a Contract Performance Guarantee in the form of
Bank Guarantee acceptable to the CLIENT, as per the format enclosed (Section D)
within 30 days from the date of issue of LoA for an amount equal to 10% of the total
value of the contract price towards faithful execution of the contract valid up to 3
months from the date of completion of all activities along with other deliverables and
acceptance by the Client. The guarantee amount shall, merely on demand, be payable
without any previous notice and without any demur and without referring to any other
source irrespective of any legal dispute between bank and Contractor and the Client
without any condition or dispute whatsoever.
6.6.2
Without prejudice to the generality of the terms of the Contract Performance Guarantee
the CLIENT shall have the right to encash the Contract Performance Guarantee in full
or Part for noncompliance of any or all the terms and for recoveries under the contract
as well as against defects in work carried out. In the event of invoking the encashment
of CPG partially by NLC, the Contractor shall keep the CPG valid for the balance
amount till the end of the period specified in the Contract.
6.6.3
After expiry of above period, for any minor pending obligations, the value of the
Contract Performance Bank Guarantee can be got extended for the reduced amount to
the extent of value of such pending obligations.
7.0
PAYMENT TERMS
DGPS SURVEY
The physical survey of block boundary has to be carried out as per block boundary plan
approved by CMPDIL. In case of fixing and measurement of coordinates of boundaries
during DGPS survey and GSI borehole locations increases/decreases from 116 points,
the payment will be considered on proportionate basis. However if necessity arises to
increase the No. of points it shall be restricted to 130. In the case of pillars also the
payment will be considered on proportionate basis for any increases/decreases from
100 points.
Sl No
Schedule of Payment
(as per Sub-section-III of
Price Schedule)
Fixing and measurement of coordinates 45% of accepted cost of line
of boundary points and GSI borehole item No.1 along with applicable
service tax
locations
Preparation of boundary map for the
Mining lease Area and shape file (hard
45% of accepted cost of line
and soft copy) submission of detailed
item No.1 along with applicable
DGPS survey report for Pachwara
service tax.
south coal block, Dumka District,
Jharkhand state
Preparation of boundary map for the 10% of accepted cost of line
Forest Area and shape file (hard and item No.1 and 50% of item No.2
soft copy).Establishment of concrete along with applicable service
pillars of all boundary points fixed
tax
On submission for the approval by Balance 50% of accepted cost of
Government agencies (Enclosed for line item No.2 along with
Forest Stage-1 application and along applicable service tax.
with Mining Lease application.)
Description of Deliverables
Note:
Executed work will be measured jointly by the agency/firm and executives of
NUPPL. Based on the Joint Measurement Certificate (JMC), the payment will be
released on submission of bill. The payment will be released after the deduction of
applicable taxes and other statutory levies as per Act.
35
7.3
Sl No
1
2
Schedule of Payment
(as per Sl. No. 1 of SubSection- IV of Price Schedule)
Description of Deliverables
After first Site Visit & Data
Collection pertaining to the
assignment.
On submission of Draft Mining
Plan/Draft Feasibility Report.
On submission of Final Mining Plan
and after obtaining the approval from
MoC for the Mining Plan and final
submission of Feasibility Report.
(B)
Schedule of Payment
(as per Sl. No. 2 of Subsection- IV of Price Schedule)
Description of Deliverables
Sl.
No.
Sl No
(C)
Description of Deliverables
On completion of surveying as per
specifications & conditions and
Submission of Drawings & Survey
Report as mentioned in deliverables.
Providing Grid Pillars as per
specifications.
50%
50%
36
(D)
Sl.
No.
Description of Deliverables
Establishing
Pump
Observation wells.
well
and
20%
50%
30%
NOTE: On completion of each item (1, 2 & 3) of work, payment will be made based
on the Joint Measurement Certificate (JMC) signed by NUPPL and the Contractor.
(E)
Sl.
No.
Description of Deliverables
Schedule of Payment
(as per Sl. No. 5 of Subsection- IV of Price Schedule)
90%
10%
(F)
Sl.
No.
Description of Deliverables
10%
10%
Environment Clearance
20%
Mining Lease
20%
10%
10%
20%
37
8.0
8.1
The following documents shall be sent to the CEO/NUPPL for effecting payments.
1. Invoices - Original + 2 copies
2. Report as per clause 4.0 above
8.2
9.0
INSURANCE
Insurance cover for the equipment deployed and men employed shall be the
responsibility of the Contractor. Failure to take insurance shall attract penalty recovery
from the Contractor as deemed fit and decided by NUPPL.
10.0
11.0
LABOUR LAWS
The Contractor shall abide by all relevant Labour Laws like Workman Compensation
Act etc.
12.0
FACILITIES
CLIENT shall provide documents, data and information necessary to the extent
possible. The Contractor shall arrange at his cost for accommodation and local
transport in and around the project site/Neyveli for all the personnel engaged for this
work. CLIENT shall not provide any residential accommodation to the Contractor.
13.0
SECRECY
13.1
The technical data, information, drawings, specifications and other related documents
and such of those materials prepared by or made available to the Contractor during the
execution of the project shall not be used for any purpose other than for execution of
this contract.
13.2
The technical data, information, drawing, specifications and other related documents
shall not be divulged and or disclosed to a third party or used for any other purposes
whatsoever without Clients previous consent in writing, except to the extent required
for the execution of this contract.
Provisions of these clauses shall not be applicable for those information, which are in
public domain or already in possession of the Contractor or independently developed
by the Contractor or obtained by the Contractor from any third party.
13.3
38
14.0
14.1
The final payment by the CLIENT in pursuance of the Contract shall mean, the
release of the Contractor from all his liabilities under the Contract and such final
payment shall be made only after obtaining environmental clearance for the from
Ministry of Environment and Forests, Government of India.
14.2
The total liability of the Contractor under clauses 16.0, 21.3 and 33.0 will be restricted
to 10% of the total contract price. This is excluding deficiency in performance under
clause 5.0 and CPG under clause 6.6
15.0
15.1
The Bidder has to satisfy himself that full information is furnished as required in the
tender documents. Lack of particulars or incomplete information furnished will be at
the risk of rejection of the Bid, without notice.
15.2
The Bids received and accepted will be evaluated by the Client to ascertain the most
suitable Bid in the interest of the Client, for the complete works covered under this
document.
16.0
TECHNICAL SOUNDNESS
The Contractor shall carry out the services under this contract in conformity with
accepted norms and sound upto-date standards of engineering and principles of
technology. In rendering their services they will apply the same care as in matters of
their own concern. The Contractor shall be responsible for the technical soundness of
the services rendered. In the event of any deficiency in these services, Contractor shall
interalia promptly re-do such services at no additional cost to the CLIENT on account
of such deficiencies.
17.0
FORCE MAJEURE
17.1
Force Majeure herein defined is a cause which is beyond the control of the Contractor
or the CLIENT, which they could not foresee and which substantially affect the
performance of the Contract such as
17.1.1 Natural phenomena, including but not limited to floods, droughts, earthquakes and
epidemics
17.1.2 Acts of any Government, domestic or foreign, including but not limited to war,
declared or undeclared priorities, quarantines, embargoes,
17.1.3 Strikes, lock outs and sabotage
17.1.4 Riots and civil commotions
Provided either party shall within fifteen (15) days from the occurrence of such a cause
notify the other in writing of such cause.
39
17.2
The Contractor or the CLIENT shall not be liable for delays in performing the
respective obligations resulting from any Force Majeure condition occurred. The date
of completion shall be extended by a reasonable time.
17.3
If the performance as a whole or part by the Contractor or any obligations under the
Contract is prevented or delayed by Force Majeure condition for a period exceeding
120 days, the CLIENT may at his option terminate the Contract by notice in writing.
18.0
DISPUTES
Any dispute arising from this contract for consultancy services between the parties will
be dealt as follows.
18.1
18.2
Conciliation:
(i) If the party is dissatisfied with the decision rendered by the Client, or if the Client
omits or declines to 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 NLC
Conciliation Rules, copy of which is available with the NLC offices and the
Bidders/ Contractors shall abide by the NLC 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 debar the party from seeking reference to Conciliation.
(ii) 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 NLC Conciliation Rules. The
Conciliation shall be held at Neyveli / Chennai 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.
(iii) There shall be three Conciliators, who will be appointed as per Section-5 of the
NLC Conciliation Rules.
(iv) 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.
40
(v) 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, or after completion, and whether before or after termination,
abandonment or breach of the Contract. (Except as to any matter, the decision of
which is specifically or otherwise provided for in any of these conditions).
(vi) Only in case of failure to resolve the dispute through Conciliation, Arbitration can
be resorted to or judicial remedy can be sought for.
(vii) 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.
(viii) Anything not found included in the NLC 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.
19.0
ARBITRATION OF DISPUTES
19.1
19.1
19.2
19.2.1 The dissatisfied Party may require by a notification that the dispute be referred to
arbitration in the manner hereinafter provided. Such a notification shall be in writing
and it shall be duly served on the other party. Failure or omission to so refer the dispute
for arbitration within the said further period of 30 days shall constitute waiver by the
dissatisfied party of the right to invoke the arbitration provision herein for dispute
resolution.
41
19.2.2 Except as otherwise provided in this clause, any dispute arising out of or relating to this
Contract or the breach, termination or validity thereof between the parties, shall be
finally settled by arbitration in accordance with the Arbitration and Conciliation Act
1996 (the Act). The arbitration shall be held at Neyveli or at Chennai, in Tamil
Nadu. The arbitration proceedings shall be conducted and the award shall be rendered
in English. The award shall state the reasons upon which it is based. Interest, if
awarded by the arbitrators, shall be at a rate not exceeding the Cash Credit rate
prevailing on the date of the award.
19.2.3 There shall be sole Arbitrator to be appointed by the parties after mutual consent. In
case of not arriving at consent to appoint as above, such sole Arbitrator will be
appointed as per the provisions of Arbitration and Conciliation Act 1996.
19.2.4 This agreement and the rights and obligations of the parties, shall remain in full force
and effect pending the award in any arbitration proceedings. Supplies and/or services
under the contract shall, if reasonably possible, continue during the arbitration
proceedings.
19.2.5 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, or after
completion, 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 Contract).
19.2.6 The party in whose favour the award is passed shall be entitled to recover the entire
costs of arbitration from other party. The arbitrators shall indicate the above in their
award clearly.
20.0
PATENTS
The Contractor shall indemnify the CLIENT in the event of contingencies arising on
account of infringement of patent rights and other claims by third parties in respect of
design, data, drawings furnished by the Contractor. Any royalty charges that may have
to be paid shall also be borne by the Contractor.
21.0
TERMINATION
Client may terminate this contract under the circumstances detailed below:
21.1
The contract for consultancy services shall be liable for termination by the CLIENT if
the conduct or performance of the Contractor and / or their personnel is considered by
the CLIENT to be prejudicial to its interest.
21.2
CLIENT at any time, on finding that the performance of services rendered by the
Contractor under this contract is not satisfactory, will give a written notice to the
Contractor to take appropriate remedial steps. If remedial steps are not taken within 15
days of receipt of the notice or are not to the CLIENTs satisfaction, then CLIENT
reserves the right to terminate the contract.
42
21.3
Upon termination of the contract at any time for whatsoever reason by the CLIENT the
proportionate amount shall be payable to the Contractor for the services performed
satisfactorily as per Contract, until the date of termination. However, in the event of the
Contract being terminated for the reasons attributable to the Contractor and awarded to
another Contractor, the difference, if any, shall be recovered from the Contractor and
it shall be lawful for the client to set off the said difference or any other dues from and
out of any payment due from the Client to the Contractor. Besides, the Client shall also
be entitled to blacklist the Contractor for its future transactions.
22.0
FORECLOSURE OF CONTRACT
The contract for the consultancy services shall be terminated by the CLIENT if due to
any unforeseen circumstances which may lead to the foreclosure of the project such as
resource crunch, non-availability of funds, non-availability of inputs for the power plant
and for other administrative reasons etc. CLIENT shall however give 30 days prior
written notice to the Contractor of the effective date of termination.
The CLIENT shall pay to the Contractor such amounts as shall have accrued or
become payable to them and/or unpaid on this effective date of such termination.
Contractor will be compensated only for the quantum of work/services he has rendered
till effective date of foreclosure. Client shall not be liable for any other claims like
compensation for loss in profit, compensation for loss of reputation etc. or any other
consequential damages claimed by the Contractor.
23.0
23.1
23.2
Any new taxes and duties imposed after the first day of the month which is one month
prior to the scheduled date of tender opening, shall be to CLIENTs account.
23.4
However, tax deduction at source will be effected by the CLIENT before making
payment as a statutory obligation wherever applicable.
23.5
In case CLIENT makes any payment of taxes and duties or any other statutory levies in
this connection, the CLIENT will furnish to Contractor the original tax receipts in
connection with payments made under this Contract and the same shall be adjusted
with Contract price.
24.0
LANGUAGE
English language will be used in all written communications between the CLIENT and
the Contractor with respect to the services to be performed hereunder and with respect
to all documents procured or prepared by the Contractor in connection with the Project.
25.0
ADDITIONAL SERVICES
Contractor will make available on NLC's written request such additional services in
addition to those described in the section Scope of work and on such terms and
conditions as may be mutually agreed upon by and between the CLIENT and the
Contractor.
26.0
26.1
The Contractor should not sub-contract the work on back to back basis. The Contractor
shall not assign the Contract or any part thereof for his any benefit or interest.\
The Contractor will select, if so needed any sub-contractor with the approval of the
CLIENT within one month from the date of Letter of Award. Any such action without
the concurrence of the CLIENT shall be invalid. The CLIENT will approve / reject
within 30 (Thirty) days in writing upon the receipt of proposals along with all
supporting details. Thereupon the Contractor shall be responsible for transmitting all
pertinent data of the so approved sub-Contractor.
26.2
44
26.3
26.4
26.5
26.6
26.7
27.0
The Contractor shall be responsible for transmitting all the pertinent data of all
Contract terms and conditions with his Sub-Contractors for strict adherence.
The approval extended by the CLIENT in selecting Sub-Contractors recommended by
the Contractor shall not discharge the later from his Contract obligations. The
Contractor shall remain solely liable for any action, deficiency, and/or negligence on
the part of his Sub- Contractors. The Contractor shall change his sub-Contractor
during the execution of the contract, upon instruction from the CLIENT, if their work
is not to the satisfaction of the CLIENT.
The Contractor shall submit to the CLIENT unpriced copies of purchase orders with
technical specifications included in all orders covered under Clause- 26.2 placed on
Sub Contractors as soon as the respective orders have been placed by the Contractor.
In the event certain obligations extended by a Sub- Contractor to the Contractor should
extend beyond the guarantee period specified in the Contract, the CLIENT shall
automatically be entitled to the benefit thereof.
In no event shall the CLIENT be deemed to have any Contractual obligations
whatsoever in respect of Contractor's/ Sub-Contractors and/or title- holders of any
sub-orders placed by the Contractor.
RETURN OF DOCUMENTS
The Contractor shall be responsible for the return within reasonable time to the
CLIENT, all specifications, drawings, designs, pattern, certified models, etc. that might
have been taken from the CLIENT in the course of execution of services under this
contract for consultancy.
28.0
INDEMNITY
Contractor shall be liable for and shall indemnify the CLIENT in respect of all damages
or injury to any of the Contractors personnel and/or property assigned to this Project.
29.0
OWNERSHIP OF DOCUMENTS
29.1
29.2
The technical data, information, drawings, specifications, records and other documents
shall not be divulged and or disclosed to any third party or used for any other purpose
whatsoever without the Clients previous consent in writing except to the extent
required for execution of this contract. This clause shall not be applicable for that
information, which is in public domain.
45
30.0
APPROVALS
Any approval to be obtained by either party from the other under this contract for
contract services shall not be unreasonably denied or with-held.
31.0
32.0
33.0
34.0
DELETION
NLC reserves the right to delete any item/item of work from the scope as covered in
this contract and execute the same by themselves or through any other agency
separately appointed by them. This provision shall apply at any time during the period
of the contract. The amount of compensation to be deducted on account of such
deletion will be determined by the CLIENT based on the work load involved. The
Contractor shall provide such documentary evidence as may be needed by the CLIENT
to determine the quantum of such compensation. However the decision of the CLIENT
in this regard shall be final and binding on the Contractor.
35.0
36.0
JURISDICTION OF CONTRACT
The laws applicable to this contract shall be the laws in force in India. The civil courts
having ordinary original jurisdiction over Neyveli shall alone have exclusive
jurisdiction over all matters concerning this contract.
37.0
CORRESPONDENCE
All communications and notices to be given by either party to the other in connection
with the rights and obligations of both parties under or pertaining to this contract shall
be sent by post, postage prepaid and if given by fax, e-mail, telephone or verbally, they
shall be confirmed by Registered Letter/Speed Post, postage prepaid.
46
38.0
39.0
39.1
On the bid being accepted by the CLIENT, Contract will be signed by and between the
CLIENT and the successful bidder at the earliest but not later than 3 months from the
CLIENTs letter of Award. All payments shall be made only after signing of Contract.
39.2
The Contractor shall present himself for signing the Contract with proper Power of
Attorney and other requisite materials. The CLIENT shall prepare two (2) originals of
Contract for signing the Contract. After signing the Contract, one original will be given
to the Contractor and the other original will be retained by the CLIENT. Within 20 days
after signing the Contract, the Contractor shall make twenty (20) true copies of the
Contract document with all enclosures neatly bound to the CLIENT free of charge.
(Specimen of Contract Agreement form is at Section- H)
***
47
SECTION - D
FORMAT OF GUARANTEES
48
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
NOTE:
This guarantee shall be furnished by a Nationalised Bank/ Scheduled Bank,
authorised by Reserve Bank of India (except Bank of China) to issue a Bank
Guarantee in the same format as given below. NLC reserves its rights to reject the
Bank Guarantee if the same is not in the specified format.
Unless otherwise expressly stated, the bid guarantee shall be extended only on behalf
of the bidder on whose name the tender documents were issued.
The bid and other documents shall be submitted only by the bidder on whose name the
tender document is issued.
The bid guarantee shall be executed only as per the format prescribed by NLC. In the
event of any deviation the decision of NLC as to whether the same could be accepted
or not is final and binding on the bidder.
The bank guarantee shall be furnished on stamp paper of value not less than `.80.00.
For foreign Bank Guarantees, no stamp paper value is required.
In the case of foreign bidder, the Bid Guarantee amount shall be in their foreign
currency equivalent to US$ specified in the tender or in US$. and shall be furnished by
a foreign bank authorised by Reserve Bank of India.
The stamp paper shall have been purchased in the Name of the Bank executing the
Guarantee.
NLC reserves its right to reject the offer of the bidder, if any of the above conditions
are not adhered to while furnishing the bid.
REF:
DATE
BANK GUARANTEE NO:
To
THE NEYVELI LIGNITE CORPORATION LTD.,
NEYVELI-607801
CUDDALORE DIST., TAMIL NADU.
Dear Sirs,
In accordance with your Invitation to Bid under your Tender No.
M/s.. herein after called the Bidder, with the following Directors on their
Board of Directors/partners of the firm:
1.
2..
3.
4..
6..
8..
9.
10.
wish to participate in the said bid for furnishing the following:As an irrevocable Bank Guarantee against Bid Guarantee for a sum of INR/FC
.. (in words and figures) valid for 10 months from (the date of bid
opening) is required to be submitted by the Bidder as a condition precedent for participation
in the said bid, which amount is liable to be forfeited on the happening of any contingencies
mentioned in the Bid documents.
49
reservation, protest demur and recourse. Any such demand by the Neyveli Lignite Corporation
Limited shall be conclusive and binding on the bank irrespective of any dispute or difference
raised by the bidder.
This guarantee shall be irrevocable and shall remain valid upto .If any further
extension to this guarantee is required the same shall be extended to such required period (not
exceeding one year) on receiving instruction from M/s.on whose behalf
this guarantee is issued.
In witness whereof the Bank, through its authorized Officer has set its hand and stamp on this
..day of . at .
WITNESS
1.Signature..
Name in (Block Letters)
Occupation
Address
(Signature)
Name in Block Letters
(Designation)
2. Signature
Name in Block Letters
Occupation
Address
50
FORMAT OF
CONTRACT PERFORMANCE GUARANTEE
NOTE:
1.
2.
3.
4.
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 CLIENT 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
51
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-fulfillment for the successful and
satisfactory services furnished under the said Contract as per the specifications and
documents.
4.0
The CLIENT 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 CLIENT of the liberty with reference to the matter
aforesaid.
5.0
The CLIENT 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 CLIENT and the CONTRACTOR or any
other course or remedy or security available to the CLIENT and the BANK shall not be
released of its obligations/ liabilities under these presents by any exercise by the
CLIENT 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 the
part of the CLIENT or any other indulgence shown by the CLIENT 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 CLIENT.
6.0
The CLIENT 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 be contractual obligations are
fully performed by the CONTRACTOR or the Bank Guarantee is discharged by the
CLIENT 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 CLIENT as to the failure on the part of
the CONTRACTOR to fulfill their obligations as aforesaid and/or as to the amount
payable by the BANK to the CLIENT hereunder shall be final, conclusive and binding
on the BANK.
52
7.0
8.0
9.0
The BANK also agrees that the CLIENT 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.
This guarantee will not be discharged due to the change in the constitution of the
BANK or the CONTRACTOR(S)
Notwithstanding anything contained herein:
a. Our liability under this bank guarantee shall not exceed (in
words)
b. This bank guarantee shall be valid upto .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 ..
WITNESSES
SIGNATURE
1.
(Signature with Name in Block
letters and with Designation)
(Printed Name)
Designation
Staff Code No.
Banker's Common Seal
2.
(Signature with Name in Block
letters and with Designation)
53
2.
The Bank Guarantee should be furnished on Stamp paper of value, not less than
Rs.80.00 as per Stamp Act.
3.
The stamp papers should be purchased in the name of Bank executing the guarantee.
4.
In the case of foreign bidder, the Bank Guarantee may be furnished by a foreign Bank
authorised by RBI.
DATE:
Bank Guarantee No.
To
M/s. Neyveli Lignite Corporation Limited,
Block 1, Neyveli - 607 801,
CUDDALORE Dist., Tamil Nadu.
Dear Sirs,
1.0
2.0
3.0
previous notice and without any demur and without referring to any other source, any
and all monies payable by the Consortium partner on behalf of 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 5% of the Contract Price, and adherence to Time Schedule stipulated at any time
upto ....... (day /month/ year). Any such demand made by the NLC on the Bank shall
be conclusive and binding, absolute and unequivocal not withstanding any disputes
raised/pending before any court, tribunal, arbitrator or any other authority. The Bank
agrees that the guarantee herein contained shall continue to be enforceable till this sum
due to the NLC is fully paid and claims satisfied or till the NLC discharges this
Guarantee.
The Bank further irrevocably guarantees and undertakes to pay on mere demand,
without any demur, reservation, contest, recourse or protest any and all any and all
monies due and payable by the Consortium partner on behalf of the Contractor by
reasons of non-fulfilment of any of the Contractual obligations.
4.0
The NLC 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 NLC of the liberty with reference to the matter aforesaid.
5.0
The NLC 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 Associate/ Collaborator/Consortium member or 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 NLC and
the Contractor or any other course or remedy or security available to the NLC and the
Bank shall not be released of its obligations/ liabilities under these presents by any
exercise by the NLC 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 NLC or any other indulgence shown by the NLC 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 NLC.
6.0
The CLIENT shall have the fullest liberty to lodge their claims for encashments 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 obligations are
fully performed by the Consortium partner on behalf of the Contractor or the Bank
guarantee is discharged by the CLIENT 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 NLC as to the failure on the part of the
Consortium partner on behalf of the Contractor to fulfil their obligations as aforesaid
and/or as to the amount payable by the Bank to the NLC hereunder shall be final,
conclusive and binding on the Bank.
The Bank also agrees that the NLC 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 Consortium partner
or the Contractor`s liabilities.
7.0
55
8.0
This guarantee will not be discharged due to the change in the constitution of the Bank
or the Consortium partner / Contractor(s).
9.0
WITNESS
1. Signature.................
Signature.............
Printed Name..........
(Designation)
Designation
Staff-Code No..........
Bank's Seal
Attorney as per power of
Attorney No..dt
2. Signature...................
(Name in Block Letters)........
(Designation)
56
5.0
6.0
This guarantee will not be discharged due to the change in the constitution of the Bank
or the CONTRACTOR(S).
7.0
The NLC 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 NLC of the liberty with reference to the matter
aforesaid.
8.0
We, the Bank also agree that the NLC shall be entitled at his option to enforce this
Bank 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
CONTRACTORS liabilities.
9.0
In any case our liability under this guarantee shall not exceed Rs..
(Rupeesonly). This guarantee will be valid upto
(Scheduled date of completion of Contract) and shall be extended for such period as
may be desired by M/s. . . . . . . . . . . . on whose behalf this guarantee has been given.
10.0
The Bank further agrees that the decision of the NLC as to the failure on the part of the
CONTRCTOR to fulfil the contractual obligations stipulated in the said Contract and/
or to the amount payable by the Bank to the NLC shall be final conclusive and binding.
11.0 This guarantee is revocable only with the written consent of the NLC.
12.0
This guarantee deed must be returned us to upon the expiration of the guarantee or
after fulfilment of the obligations specified in the guarantee.
58
13.0
(Signature)
Signature
Designation
Occupation
Address
2.
Signature
(Bankers seal)
Occupation
Attorney No..
Address
Dated:..
59
SECTION-E
FORMAT OF SCHEDULE OF
DEVIATIONS
60
------------------------------------------------------------------------------------------SCHEDULE OF DEVIATION
FROM TECHNICAL SPECIFICATION.
------------------------------------------------------------------------------------------All deviations from the scope of work shall be filled in by the Bidder Clause by Clause
in this Schedule.
SECTION
CLAUSE No.
DEVIATION TAKEN
The Bidder hereby certifies that the above mentioned are the only deviations from
scope of work of the tender.
SIGNATURE
DESIGNATION
COMPANY SEAL
COMPANY
DATE
61
------------------------------------------------------------------------------------------SCHEDULE OF DEVIATION
FROM COMMERCIAL CONDITIONS
------------------------------------------------------------------------------------------All deviations from the commercial conditions shall be filled in by the Bidder Clause
by Clause in this Schedule.
SECTION
CLAUSE No.
DEVIATION TAKEN
The Bidder hereby certifies that the above mentioned are the only deviations from
commercial conditions of the tender.
SIGNATURE
DESIGNATION
COMPANY SEAL
COMPANY
DATE
62
SECTION-F
TECHNICAL SPECIFICATION
63
I.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Previous Exploration
18.
List of Enclosure
II.
Sl.
No
Item of Work
Details of Work
Notification
Geophysical Logging
Coal Analysis
Sl.
No
Item of Work
Details of Work
II.
e) The successful Bidder/Contractor shall make all efforts to obtain core recovery of more
than 90% in coal and more than 80% in other formation subject to formation condition. In
case core recovery is less than 90% in coal horizon and less than 80% in overburden
horizon the reason for the same shall be mutually decided and in case the same is agreed
to be due to lapses on part of the successful Bidder/Contractor, The successful
Bidder/Contractor shall undertake re-drilling at no additional expenses to NUPPL. Even if
in re-drilling desired core recovery is not obtained, NUPPL shall take a final view
considering nearby borehole data, formation etc about payment for the borehole.
f) The successful Bidder/Contractor shall log all the boreholes drilled by The successful
Bidder/Contractor geophysical and incorporate the geophysical and hydro-geological data
in exploration report. Copies of geophysical logs shall be supplied to NUPPL in both hard
copy and a digital copy in CD.
g) Representatives of NUPPL will inspect the drilling sites as and when required and The
successful Bidder/Contractor shall keep all the records of drilling, survey, geological and
geophysical works including core samples generated and dispatched to laboratory from
each borehole.
h) The Coal core samples shall be properly packed in moisture proof polythene packs and
transported to laboratory for analysis. If required NUPPL will carry out check analysis at
Centre for Applied Research & Development (CARD) Laboratory, NUPPL for selected
samples for cross checking the analysis carried out by Exploration Agency, for which
necessary duplicate samples should be given to NUPPL, as and when required.
i) NUPPL shall handover the earlier exploration data to The successful Bidder/Contractor in
soft copy form for processing and incorporation in the Geological Report.
j) Before the commencement of work, the locations of all the boreholes as well as the entire
area to be covered for the studies under scope of work shall deem to have been approved
by NUPPL and The successful Bidder/Contractor shall carry out the work as per the
priority indicated by NUPPL.
k) After completion of drilling and Geophysical logging, boreholes should be property
sealed/ plugged.
l)
The successful Bidder/Contractor shall submit an Interim Geological Note (IGN) - 2
Copies after completion of 50% of the awarded quantum of drilling. After completion of
works, a Draft Geological Report (DGR) - 1 Copy shall be submitted to NUPPL for
scrutiny. NUPPL shall scrutinize the DGR and furnish its comments/observations within 3
weeks of receipt of the DGR. The successful Bidder/Contractor shall submit the Final
Geological Report (FGR) in 10 copies after incorporating the suggestions,
addition/deletion, indicated by NUPPL along with one soft electronic copy in editable
format of text, annexure and plates.
m) NUPPL shall arrange to check and certify the completed works periodically and the depth
of each borehole will be decided mainly based on the geophysical logging depth.
n) In case of partnership, JV Company, one of the firms will be a lead partner and other will
be Second Partner/associates. The lead partner should have the responsibility of
completing the entire work under the scope of work offered.
o) At least one of the JV/Partner Company should have the previous experience of Core
Drilling, Geophysical logging, sampling, geological logging, preparation of Geological
Report and / or Geological Modeling either in full or part among the works mentioned.
DELIVERABLES:
1)
Monthly progress Report (MPR) in both hard & soft copy in respect of activity
completed during each month which includes
(a)
(b)
(c)
2)
3)
III.
Physical survey of block boundary and CMPDIL approved coal block plan.
Carrying out the Differential Global Positioning System (DGPS) for fixing and
collection of coordinates for block boundary & GSIs boreholes locations and erecting
concrete pillars for boundary points at Pachwara south Coal Block in the forest land
and proposed mining lease area as per Mining Plan. Preparation of shape file, hard and
soft copy to be kept as an attachment with application for forest clearance and with
application for mining lease.
a) Carrying out Differential Global Positioning System (DGPS) survey as per
standard practice
b) Fixing and measurement of coordinates of boundary 100 points & 16 nos of
GSI borehole location as per Govt. norms.
c) Establishment of concrete pillars of all boundary points fixed (100 points)
d) Submission of detailed DGPS survey report and get it approved from State
Govt.
Size and Dimension of the Boundary Pillars
The boundary pillars will be adhered as per the guidelines issued by Indian Bureau of
Mines (IBM) vide no 279 (2)/87-Mds.Vol IX dated 31.10.2011.
All surveys shall be in reference to World Geodetic System (WGS) datum and
Universal Transfer Mercator (UTM) projects. Slope/Grid distance and Azimuth
between the stations as well as coordinates in WGS-84 system data sheets need to be
produced. GPS traverse rover survey shall be conducted from primary control station
which shall be well distributed in the block. Distance between the base station and
rover stations is required to be kept properly. For the purpose of height control all the
primary control stations shall be connected to Survey of India GTS benchmark if
available.
DGPS survey shall ensure high accuracy in the positioning of control station within +
or 20 mm in northings and eastings and + or 50 mm in elevation
A professional qualified surveyor should be appointed to take responsibility of survey
control and setting out works and establishing and maintenance of control stations
following an approved work methodology.
Surveyor shall maintain a field book. All relevant observations shall be noted and field
sketches prepared in the field book only. This field book shall form the part of report
submission.
Photo images of survey locations with instruments, survey diagram of the block, UTM
coordinates of all the points along with the coordinate conversion into DMS and coal
grid coordinates shall also be form of report submission.
68
Boundary concrete pillars need to be established over all boundary points fixed with
number markings.
Following system of construction of boundary pillar shall be adhered as per IBM
circular referred in the last Para of the scope of work.
9 The maximum distance between two successive pillars should not be more than
100 m
9 All corner pillars should be of pyramid shape with base of 1 m and height of 2
m and should be placed 1 m above the ground and 1 m below the ground.
9 Distance and bearing of forward and backward pillars and latitudes and
longitudes should be marked on the corner pillars.
Draft report shall be submitted after completion of field survey.
DELIVERABLES
1.
2.
IV.
from 10th year onwards until end of the mine life shall be provided. The above IMC
& stage plan shall include internal and external Dumps.
o Dump Plan
o Mining system drawing
Mine-Cross sections.
o Schematic layout of Coal Handling Plant, Coal Flow Diagram, Railway Siding
& Silo etc.,
o Reclamation plan showing Green belt and afforestation areas
o One Line utility drawing - Electrical
o Workshop Layout.
DELIVERABLES
1.
2.
3.
4.
5.
6.
7.
(C)
Notification under Sec.4 (1) of CBA Act 1957 1.5 months (1.5 months from the date
of issue of LOA).
Permission for drilling forest land falling in Coal Block area from MOEF&CC through
Forest Department, Govt. of Jharkhand (4 months from the date of issue of LOA).
The successful bidder should submit 3 copies of draft Mining Plan report each in hard
and soft forms (DVD) with all the plans and drawings (to scale)
The bidder should submit 10 copies of final Approved Mining Plan report each in hard
and soft forms (DVD) with all the plans and drawings (to scale)
The bidder should submit 3 copies of Draft Feasibility Report each in hard and soft
forms (DVD) with all the plans and drawings (to scale)
The bidder should submit 10 copies of final Feasibility Report each in hard and soft
forms (DVD) with all the plans and drawings (to scale)
All the clearances at each stage should be obtained from the concerned State/Central
Govt. Authorities and submitted to NUPPL.
EIA/EMP REPORT & SIA STUDY:
MOEF&CC has issued the TOR for the Pachwara South Coal Mining Project for Pachwara
South Coal Block with the following specific conditions vide No.11015/425/2013-IA. II
(M),GOI,MoEF&CC dated 25/02/2014:
Project Proponent should seriously consider mining coal reserve through
underground mining.
Details of location of wild life sanctuaries, National Parks within 10 km radius
be submitted.
Details of land use planning also to be furnished while discussing for EC.
Further EAC has directed NUPPL to submit the final EIA/EMP prepared as per TORs to the
ministry for considering the proposal for EC within 2 years as per MoEF&CC O.M.No.J11013/41/2006-IA.II (I) dated 22 March, 2010.
If the successful bidder could not complete the GR preparation, Mining Plan and obtain
Environment Clearance before 23-02-2016, ToR has to be extended. Similarly, based on the
boundary survey, the exact area i.e., 6.5 or 7.15 Sq. Km. will be known. Amendment in ToR
with regard to area may be needed. Hence, both extension and amendment in ToR are to be
under the scope of the contractor. It is informed to the bidders, based on ToR, one season AAQ
data, water & soil analysis, etc., are available with NLC. This may be taken into account by the
bidder before quoting.
71
The scope of this contract is on the basis of single bidder responsibility to carry forward the
EIA/EMP preparation from the stage of Issue of TOR with the one season data. Scope for
preparation of Rapid EIA/EMP Report and to get Environmental Clearance from State
Pollution Control Board/MOEF for Pachwara South Coal mine Project.
The Social Impact Assessment (SIA) study and Appraisal of SIA by an expert group carried
out as per L.A.R.R Act 2013/Land Acquisition and R&R Act of Government of Jharkhand
State and also prepare Social Impact Management Plan and its approval.
DELIVERABLES
The successful bidder shall prepare and submit to the CLIENT (NUPPL) the following.
1. Three (3) copies of the report containing the data generated / collected during the field
measurement / survey.
2. Seven (7) hard copies each of
(i)
Draft Rapid EIA/EMP report,
(ii)
Draft Executive Summary of Rapid EIA/EMP report in English and local
language,
(iii)
One hard copy of draft Power Point Presentation material for Public
Consultation and
(iv)
One soft copy of the above (i), (ii) & (iii)
3. Seven (7) hard copies each of
(i)
the final draft Rapid EIA/EMP report
(ii)
Final draft Executive Summary of Rapid EIA/EMP report in English and in
local language,
(iii)
One hard copy of Final draft power point presentation material and
(iv)
One soft copy of (i), (ii) & (iii) above, after incorporating NLCs comments.
4. Ten (10) hard copies and one soft copy of the final Power point presentation material
in colour for Public Consultation
5. One soft copy of final EIA-EMP report and filled-up draft (i) Application Form
(Schedule II) and (ii) Proforma for Environmental Appraisals of Mining Projects
(Mining sector projects), after incorporating NLCs comments.
6. The bidder should submit 3 copies of draft SIA report each in hard and soft forms
(DVD) with all the plans and drawings (to scale)
7. The bidder should submit 10 copies of final SIA report each in hard and soft forms
(DVD) with all the plans and drawings (to scale) and evaluation of Social Impact
Assessment by expert group and Social Impact Management Plan and Public hearing
shall be conducted as per direction of Government Rules/Act.
8. Thirty (30) hard copies of final Rapid EIA/ EMP report.
9. Thirty (30) hard copies of Final Executive Summary in English and Thirty (30) hard
copies in local language containing salient details of the final Rapid EIA/EMP report
and twenty (20) hard copies of (i) Application Form (Schedule II) and (ii) Proforma for
Environmental Appraisals of Mining Projects (Mining sector projects).
10. A soft copy of the entire volume of the accepted final report, Executive Summary in
local language and English and power presentation materials.
11. All reproducible tracings, original drawings, computer models etc., utilized for
preparation of Rapid EIA/EMP report and a soft copy of the same.
12. One soft copy of draft Power point presentation material containing salient features of
final Rapid EIA/EMP and incorporating Public Consultation/hearing remarks for
presentation to statutory authorities viz SPCB/ MoEF&CC.
13. Twenty (20) hard copies of the final Power point presentation material in colour and
one soft copy after incorporating NLCs comments for presentation to statutory
authorities viz SPCB/MOEF&CC Expert Appraisal Committee.
72
14. Besides the above, the Report shall also include photographs covering existing
environmental status in the core and buffer zone.
SPECIAL CONDITION:
Expert Appraisal Committee (EAC), MOEF&CC in its fifth meeting held on 25/26 Nov
2013 has recommended issue of Terms of Reference (TOR) for Pachwara South Coal
Block with the following specific conditions vide No.11015/425/2013-IA.II (M),
GOI,MoEF&CC dated 25/02/2014:
Project Proponent should seriously consider mining coal reserve through
underground mining.
Details of location of wild life sanctuaries, National Parks within 10 km radius
be submitted.
Details of land use planning also be furnished while discussing for EC.
Further EAC has directed NUPPL to submit the final EIA/EMP prepared as per TORs
to the ministry for considering the proposal for EC within 2 years as per MoEF&CC
O.M.No.J-11013/41/2006-IA.II (I) dated 22 March, 2010.
The successful bidder should submit the EIA/EMP report to MoEF&CC seeking EC
before 24/02/2016 as per the stipulated conditions by MoEF&CC.
(D)
8. Key Plan of the area showing nearest railway station, bus stand, church/ temple,
substation, bridges and main approach road from railway station / bus stand shall be
furnished. Any important landmarks surrounding the area shall also be indicated.
9. Draft Report with drawings shall be sent as soft copy for incorporating NLC comments
before submission of final report.
10. Five sets of final drawings along with Final report shall be submitted for the levels and
surface contour mappings at 0.5m interval in A0/A1 size with one set in tracing sheet of
80-90 GSM. The drawings of scale 1:500 are preferred. The survey drawings in one
plate covering the entire surveyed area at suitable scale shall be furnished.
11. Three number of soft copies of the survey drawings in AutoCAD editable format &
report in DVD/CD form along with the data in the soft copy shall be furnished.
12. All surveying Northing & Easting co-ordinates shall be based on UTM (Universal
Transverse Mercator Zone 44N).
13. In-order to facilitate Engineering Pre-Project activities viz., Site Grading, Leveling,
Nalla diversion & internal road formation etc., Total Station Survey data taken for this
Project shall be furnished to NUPPL in the following Excel format (one soft & one
hard copy) Station No UTM Co-ordinates RLs (m) Remarks Northing (m) Easting (m)
16. The pillars should be numbered and embedded with coordinate and level.
General Conditions:
1. The work shall be executed through qualified persons and through survey instrument of
Total Station with Angular accuracy: 1 Linear accuracy: 2mm+2ppm X D / type 1.5 s.
2. All works shall conform to the standards of greatest accuracy.
3. Conducting fly levels to correlate BM with nearest GTS BM available.
4. The concrete pillars shall be in mix 1:2:4 (One cement: Two sand: Four BG metal).
5. For Pre-cast RCC pillars reinforcement main bars Y-8 4-Nos. at corners with ties R-6 @
150mm c/c shall be provided.
6. The rates quoted shall be inclusive of all taxes, duties, etc. except service tax, which
shall be indicated separately.
(E)
(I) Scope:
1. Establishing Pump well and observation wells
Drilling of ONE pump well (size: 14 inches dia.) maximum depth of 300 mts.
depending on the aquifer intersection and drilling of observation wells (size 6 inches
dia) minimum of 3 in Pachwara South coal block. The work includes transportation of
equipments, drilling in sedimentary strata of shall/clay or sand or sand stone & coal
etc., by first taking a pilot hole of required size and then enlarging to required diameter
by direct or reverse rotary mud circulation method. Drilling rig, fuel, labour for
drilling, bentonite mud and water required for drilling at the site. power supply,
welding & cutting unit, temporary shed , supply of IS standard casing and screen pipes,
graded pebbles for packing the well, cement /clay sealing, lowering the casing pipe and
developing the wells through compressor etc are responsibility of the firm.
2. Conducting Pumping Test
Conducting pump test in 14 inches dia casing well with suitable submersible pumps
constant/ varying discharge (100 to 300gpm) with head of around 100mts for 36 hours /
each discharge and recovery test for 18/24 hours continuously. In case of any major
breakdown in pumping test within 24 hours retest has to be carried out.
74
For the above works manpower for the test (for taking up water level in 3 shift basis on
all the wells during pumping test and recovery test), hire charges for pump, diesel
generator set, fuel for diesel generator, measuring water level simultaneously
continuously in pump well and all the observation wells using water level measurement
tapes, site preparation, erection and extraction of pump etc and has to be arranged by
firm. 2 inches pipe to be erected with the pump to measure the self-drawdown of pump
well.
3. Bansloi River Water
The Bansloi River is flowing along the Northern Boundary of South Pachwara Block.
The effect of highest flood level of river water is to be studied and analysed on the
proposed open-cast workings of the South Pachwara Coal Block. Dangers of flooding,
mitigation measures and pumping requirements for safe working of mine are to be
recommended. The study shall also include the design and size of safe barrier between
mine workings and river.
4. Preparation of Hydro Geological Report
Collection, compiling regional meteorological & Hydrological data, delineation and
description of various aquifer zones with the help of borehole lethalogical cross section
and incorporating the data based on the pumping test aquifer parameter estimations like
Transmissivity, Storativity, hydraulic conductivity, Leakage factor should be submitted
in the form of Hydrological report. Besides, also prepare the quantity of water to be
pumped for safe mining. Procurement of aquifer test analysis software (Aquifer test
Pro-IV latest version) in the name of Neyveli Lignite Corporation and use this software
for the preparation of pumping test field data and analysis report after completion of the
report the same licensed software with all pump test details and relevant bill will be
handed over to NLC.
During pumping test water samples should be collected on 12 hour basis and analysis
should be done for anions, cations, TDS, conductivity, PH, Iron as Fe, Silica, Co2,
Total alkalinity, Hardness. (Temporary, Permanent,) F, NO3, Mn and should be
incorporated in the report.
(II) Terms & Conditions:
1. In case pump stops due to poor discharge / heavy drawdown i.e. quality problem, the
Company shall pay for running hours accordingly.
2. Recovery Rate Test (RRT) will be carried out 70 to 80% recovery of total drawdown
3. Work will be carried out by direct rotary /mud flush drilling rig.
4. Due to uneven aquifer in the area quantity and quality of water cannot be guaranteed
assembly during or after lowering of pipe assembly, gravel packing, clay packing, air
compressor, yield test job.
(F)
LAND USE PATTERN STUDY
Image processing and interpretation of land use/land cover and hydro geomorphology
of mining lease and other infrastructure area covering on 1:10000 scale with field
validation from the satellite imagery data for the year 2014.
NUPPL will supply the above latest Year-2014 imageries in full scene merged digital
data in GEOTIFF format on CD ROM and photographic prints in 1:10,000 scales. The
imageries are with UTM projection and WGS84 Datum. This is to be considered by the
bidder before quoting.
75
Deliverable:
Preparation and submission of six copies (soft & hard) of LAND USE PATTERN
STUDY REPORTS along with maps on 1:10,000 scale.
(G)
(i)
FOREST CLEARANCE (STAGE I & FINAL)
The successful bidder has to submit the form A application for Forestry Stage I to
Principal Chief Conservator of Forest, Ranchi with all relevant documents and
enclosures and follow up at different Levels of State/ Central Government department
on behalf of NUPPL for getting Forestry Stage 1 and Final Clearance to be handed over
to M/s NUPPL.
The following works are to be carried out and submitted along with the form A
Application for obtaining Stage- I Forestry Clearance.
Village cadastral map
Conducting Gram Sabha Meetings
Resolution of the Village Samithi
Approved Mining Plan
Legal status of Forest Land & Detailed status of Forest land
Enumeration list of trees
Geo reference Map in Shape file. Both soft and hard form.
Break up details of land with safety zone.
Details of lease grant description and EC details
NOC from Deputy Commissioner regarding FRA 2006.
The Proposal & NOC for JJ land from Deputy Commissioner
Undertaking for NPV and compensatory afforestation by the Project Proponent.
Obtaining of Final Forest Clearance.
(ii)
ENVIRONMENTAL CLEARANCE
MOEF has issued the TOR for the Pachwara South Coal Mining Project on 25/02/2014
with specific conditions and direction to submit EIA/EMP report within 2 years from
the date of TOR issue. Further processing is to be taken up for getting Environmental
Clearance by the bidder.
(iii)
CONSENT FOR AIR, WATER & OPERATION
The successful bidder has to submit application for the consent for air, water and
operation to MOEF&CC, Central Pollution Control Board and Water Authority.
(iv)
CLEARANCE FROM AIRPORT AUTHORITY OF INDIA
Clearances pertaining to planned airstrip in the project area (if any) needs to be
obtained from the Airport Authority of India as per the conditions stipulated by the
AAI.
(v)
MINING LEASE (ML)
Application for Mining Lease under MMRD Act along with necessary documents for
the Pachwara south Coal Block shall be submitted to the Department of Geology and
Mining, Government of Jharkhand and lease to be obtained.
NOTE: Any other clearances, if needed for sanction of FINAL CLEARANCE are
under the scope of the bidder.
76
BIDDERS OBLIGATION
The scope of work of the Bidder includes all works including Detailed exploration,
Preparation of Mining Plan, Feasibility Report and Pre developmental clearance for the
coal block but not limited to the following:a) The bidder shall undertake up to the stage of pre developmental clearances of South
Pachwara Coal Block from the Green Field Status.
b) The bidder is expected to apply for Notification and Permission for drilling in Forest
Land, carry out detailed drilling, prepare geological report, Mining Plan, Feasibility
report, conduct Gram Sabha meetings in the project area, obtain all pre development
clearances such as Forest Clearance, Environmental Clearance, and Mining Lease from
respective authorities.
c) The bidder shall, at its cost, obtain and maintain throughout the Term, all Approvals
necessary for the bidder to perform the Work.
d) The bidder shall undertake the following activities:
Seek and obtain all required approvals and renewals from various government
departments, including but not limited to, Ministry of Coal, Ministry of Environment
and Forest, State Pollution Control Board, District Administration, Department of
Forest, Department of Geology & Mining, Airports Authority of India, Local bodies,
Municipalities, Circle office and such other agencies including approval of mining
plans, mine closure plans, environmental clearances and forest clearances at his own
cost.
e) The bidder shall prepare and obtain approval of Mine Closure plan from Ministry of
Coal.
NUPPLS OBLIGATION
a. The successful Bidder shall not be allowed to use land for any other purpose nor shall
be allowed to create any mortgage or charge on the land.
b. NUPPL shall provide necessary power of attorney (wherever necessary) in favour of
BIDDER acting on its behalf to make, submit letters/applications/reports, obtain
clearances/approvals and deal with various authorities.
c. The project proponent shall provide assistance to the required extent to the BIDDER to
enable comply with obtaining the required clearances for the project
d. The expenses incurred by the bidder towards obtaining the government/statutory bodys
clearances shall be reimbursed on submission of the receipt & the clearances subject to
the ceiling quoted under Sub-section-IV, Sl.No.6.
77
SECTION-G
SCHEDULE OF PRICES
78
SECTION G
SCHEDULE OF PRICES
Sub-Section - I
GENERAL INSTRUCTIONS
1.0
The prices quoted in this schedule shall cover the entire scope of services in
accordance with requirement of the work.
2.0
In addition to this price schedule, the Bidder should also enclose the Bid Form
in Part-II (as per specimen form in SECTION - I)
3.0
The rates quoted shall be on firm and fixed price basis only.
4.0
All the items and columns of Schedule of Prices shall be filled up both in
figures and as well as in words.
5.0
All the pages of Schedule of Prices shall be signed by the Bidder. Over writing or
correction shall be avoided. Overwriting or Correction, if any, shall be duly
authenticated by the authorised signatory of the bidder, affixing the seal.
79
SCHEDULE OF PRICES
Sub-Section - I
PRICE SCHEDULE
Sl.
No.
Work description
Amount (Rs./FC)
2.
3.
4.
Total
SEAL
SIGNATURE
NAME
DESIGNATION :
80
COMPANY
DATE
Sub-Section - II
PRICE SCHEDULE FOR DETAILLED DRILLING & GEOLOGICAL REPORT
PREPARATION
Pachwara South Coal Block - Estimate for Exploration based on Promotional Rate of MOC
Rate per
Amount
Estimated
Sl.
Unit
Activity
unit (Coal) (Rs/FC) (Coal)
Quantum
No
1 Diamond Core Drilling, Detailed
10000
metre
Geological
Mapping
and
Topographical Survey
2 Geophysical logging
a) Base Rate
10000
metre
b) SP
10000
metre
c) SPR
10000
metre
d) Natural Gamma
10000
metre
e) Density
10000
metre
f) Caliper
10000
metre
g) Neutron-Neutron
10000
metre
3 Coal Analysis
(i) Band by Band/Sectional Samples
a) Proximate Analysis - Moisture,
1500
Sample
Ash, VM & FC (as Received)
b) Gross Calorific Value (As
1500
Sample
Received)
c) Total & Distribution of Sulphur
500
Sample
(As Received)
d) Ultimate Analysis (As Received)
500
Sample
e) Ash Analysis
500
Sample
f) Ash Fusion Temperature Range
500
Sample
g) HGI
500
Sample
(ii) Specific Gravity (As received)
500
Sample
4 Physico-Mechanical Tests &
Four
Lump
Report
boreholes
sum
5 Geological Modeling
Lump
sum
6 Preparation & submission of
FGR 10
Geological Report
Copies
7
Total
8
Service Tax incl. CESS for the
above on the lump sum ceiling
9 Any other Taxes & Duties (to be
specified) for the above on the lump
sum ceiling
10 Grand Total
Total Lump Sum price `Rs. /FC. (in words.. only
Note:- The rate of Service Tax in percentage considered in Sl.No. 8 above shall be mentioned.
Also the Name & rate of Taxes & Duties if any in Sl.No.9 shall be mentioned. The foreign
bidder shall specify whether or not he has an office in India
Available data as mentioned in Technical Specification, Sec.-F [Cl.-I(12)] is to be
considered before quoting
81
Sub-Section - III
PRICE SCHEDULE FOR DGPS SURVEY AND REPORT SUBMISSION
Amount (Rs/FC)
Sl
No
1.
2.
3.
4.
5
6
Item
Fixing and measurement of coordinates of
boundary points and GSI borehole
locations (116) & preparation of boundary
map for forest land, mining lease area,
shape file (hard and soft copy) and
submission of detailed DGPS survey report
for Pachwara South Coal Block.
Establishment of concrete pillars of all
boundary points fixed
Total
Unit
Quantity
(A)
Point
116
Point
100
Unit
Rate
(B)
Total
(C = A X B)
The rate of Service Tax in percentage considered in Sl.No. 4 above shall be mentioned.
Also the Name & rate of Taxes & Duties if any in Sl.No5 shall be mentioned. The
foreign bidder shall specify whether or not he has an office in India
82
Sub-Section-IV
PRICE SCHEDULE FOR PREPARATION OF REPORTS & CLEARANCES
Sl
No
1
2
3
4
5
6
7
8
9
10
Amount
(Rs/FC)
PARAMETER
MINING PLAN PREPARATION, SUBMISSION & APPROVAL and
FR PREPARATION.
EIA / EMP REPORT & SIA STUDY.( Note:4 )
Site Survey & Contouring work
Hydro Geological Study (conducting pump test, interpretation,
determination of aquifer parameters & ground water modeling) on ToR
conditions.
Land Use Pattern Study & Other studies.
Mining Lease, Forest Clearance, Environmental Clearance, Consent for
Ambient Air, Water & Operation, Airport Authority of India Clearance
and other expenses required for FINAL CLEARANCE of the project.
Total
Service Tax incl. CESS for the above on the lump sum ceiling
Any other Taxes & Duties (to be specified) for the above on the lump
sum ceiling
Grand Total
1. The rate of Service Tax in percentage considered in Sl. No. 8 above shall be
mentioned. Also the Name & rate of Taxes & Duties if any in Sl.No.9 shall be
mentioned. The foreign bidder shall specify whether or not they have an office in
India.
2. For Sl.No.5: The latest 2014 Satellite Imageries is made available by NUPPL for
bidders interpretation and super imposing on the prepared Mining Plans to generate
the land use plans. This is to be noted before quoting. In addition, other
miscellaneous expenditure that includes field visits for ground truth verification of
the land use plan prepared etc. and envisaged compensation that would be needed to
manage the local Maoist infested area.
3. For Sl.No.6, the activities include the statutory fee to be paid for obtaining the
clearances/consents & other expenses related to handling the clearances.
4. Available data as mentioned in Technical Specification Section-F, Cl.-I (2) is to be
considered before quoting for S. No. 2 above.
SEAL
SIGNATURE
:
NAME
:
DESIGNATION :
COMPANY
:
DATE
:
83
SECTION - H
FORMAT OF CONTRACT
AGREEMENT
84
SECTION -H
FORMAT OF CONTRACT AGREEMENT
(To be executed on Rs.20 stamp paper)
CONTRACT AGREEMENT
Contract No. ...
Dt. . . . . ..
between
the Neyveli Lignite Corporation Limited having their Registered Office at 135, Periyar E.V.R.
High Road, Kilpauk, Chennai - 600 010, Tamil Nadu, India hereinafter called the "CLIENT"
and M/s . . . . . . . . . . . having the registered office at ......................... ..herein after called the
"Contractor" for
Schedule of References containing the minutes of the meeting and the other correspondences
exchanged between the CLIENT and the Contractor and Letter of Award No.
..
Dt......... forming part of this agreement and is registered as Contract No. .., Dt.
.
The CLIENT has accepted the proposal of the Contractor with such changes/modifications
mutually agreed to through exchange of correspondence and minutes of the meeting for
..
In view of the foregoing, the CLIENT and Contractor have agreed as follows:
1.
The Contractor hereby agrees to execute the contract in conformity with the provisions
contained in the Contract documents which shall mean and include the following
documents also forming part of this contract:
i. Schedule - I
- Schedule of References
ii. Schedule- II
- Salient features
iii. Section C
iv. Section D
- Format of Guarantees
v. Section F
- Technical Specification
The Contractor also agrees to complete the contract as per the time schedule indicated in
SECTION-C, Clause 3.0.
85
2.
The CLIENT hereby agrees to pay the Contractor on due performance of the `Contract'
a price of Rs/FC...............(Rupees/FC.............. only) in the manner and in accordance
with terms and conditions specified in the "Contract".
In witness whereof the parties hereto have hereunder affixed their signatures, on the
day, month and year written as above.
CONTRACTOR
CLIENT
Printed name
Designation
Address
Printed name
Designation
Address
Office Seal
Office Seal
WITNESS-1
WITNESS-1
(Signature)
(Signature)
Official Address:
Official Address:
WITNESS-2
WITNESS-2
(Signature)
(Signature)
Official Address:
Officials:
86
SECTION-I
BID FORM
87
SECTION-I
BID FORM
To be submitted by the bidder in Part-I of this bid
NLCs Tender No: . . . . . . . . . .. . . . .. . . . . . . . . . . .
Bid No.
: . . . . . . . . . . . . . . . . . . . . . . . . . . Dated:
From:
To
The General Manager/ Contracts,
Corporate Office,
Neyveli Lignite Corporation limited,
Neyveli-607 801
Cuddalore dist. Tamil Nadu.
Subject: ------------------------------- (Name of the Package) for ..
(Name of the project/ tender) Invitation to Bid NO
1.
Having carefully examined all the Tender Documents attached to your invitation to
Bid
No.
dated
,
and
its
Amendments/Errata/Corrigendum/clarifications issued till date of tender opening, we
agree to Complete the WORKS in conformity with all terms and conditions stated in
tender Documents and its Amendments/Errata/Corrigendum/clarifications issued till
date of tender opening, and as per the time schedule given in Tender Document. The
Services offered are offered are best and of latest technology and of international
standards.
2.
We undertake, in case our bid is accepted, to commence the work from the date of
Letter of Award and to complete and deliver the whole of the work and
responsibilities comprised in the contract within (both in figures and words)
months calculated from the date of Letter of Award and as per the time schedule
given in the Tender Document.
3.
We are submitting the Bid Guarantee for a sum of Rs/FC. . in the form
. as instructed by you. This Bid Guarantee shall be governed as per the
stipulations provided in the Instructions to Bid.
4.
We agree to abide by and keep our Bid valid initially for a period of 8 (Eight) months
from the opening of Bid (Part 1) by Neyveli Lignite Corporation Limited (NLC) and
it shall remain binding on us and may be accepted at any time before the expiry of the
period.
88
Should our Bid be accepted, we hereby agree to abide by and fulfill all terms and
conditions of Tender Document as accepted by us and in default thereof, to forfeit and
pay to NLC or NLCs successors, assignees or authorised nominees such sums of
money as are stipulated in conditions contained in Tender Documents and agree to
furnish Bank Guarantee for Contract Performance as per the proforma prescribed by
NLC and acceptable to NLC and for the sum equal to 10% of Contract price for the
entire scope of work within 30 days from the date of Letter of Award. We understand
that NLC is not bound to accept the lowest or any Bids received and NLC has right to
reject any bid, without assigning any reason whatsoever.
6.
This Bid together with written acceptance thereof, shall constitute a binding
CONTRACT between NLC and ourselves till a formal contract is executed.
7.
WITNESS-1
Signature:
Signature
Occupation
Date
Address
WITNESS-2
DESIGNATION
Signature:
Occupation
Date
Address
89
BID FORM
(To be submitted by the Bidder in Part - II [Price Bid] )
NLCs Tender No: . . . . . . . . . .. . . . .. . . . . . . . . . . .
Bid No.
: . . . . . . . . . . . . . . . . . . . . . . . . . . Dated:
From:
To
The General Manager/ Contracts,
Corporate Office,
Neyveli Lignite Corporation limited, Block - 1
Neyveli-607 801
Cuddalore dist. Tamil Nadu.
1.0
I/We, the undersigned have carefully examined and understood the Bidding
documents including the Amendments / Errata / Corrigendum / Clarifications issued
till the date of bid opening. I / We hereby agree to carry out the entire works as
described in the specifications in conformity with the specifications and Bidding
documents, as per prices quoted by us in the Schedule of Prices.
2.0
In the event of our proposal being accepted, we agree to furnish a Bank Guarantee for
Contract Performance as per the proforma prescribed by Neyveli Lignite Corporation
Limited and acceptable to the Neyveli Lignite Corporation Limited and for the sum
equal to 10% of Total Contract Price. The Bid Guarantee shall be released only
after the Contract Performance Guarantee issued in favour of Neyveli Lignite
Corporation Limited is received and accepted by the Neyveli Lignite Corporation
Limited.
Signed this . . . . . . . . . . . . .. . . . . . . . . . . . . . . .day of . . . . . . . .. . . . .201
WITNESS-1
Signature:
Occupation
Date
Address
Signature
WITNESS-2
Signature:
Occupation
Date
Address
DESIGNATION
90
SECTION-J
INTEGRITY PACT
91
SECTION-J
(To be executed on plain paper)
INTEGRITY PACT
Between
Neyveli Lignite Corporation Limited (NLC) hereinafter referred to as "The Principal and
............................................. hereinafter referred to as ''The Bidder/ Contractor"
Preamble:
The Principal intends to award, under laid down organizational procedures, 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 NonGovernmental 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)
2)
3)
4)
5)
6)
7)
Contract means the contract entered into between the Principal and Bidder (or
Tenderer) / Contractor for the execution of work mentioned in the preamble above.
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.
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.
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, noncompetitive levels; and
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;
External Independent Monitor means a person, hereinafter referred to as EIM,
appointed, in accordance with Section 7 below, to verify compliance with this
agreement.
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)
92
8)
9)
10)
designed to establish bid prices at artificial, non-competitive levels and to deprive the
Principal of the benefits of free and open competition;
Party means a signatory to this agreement.
CLIENT means Neyveli Lignite Corporation Limited, Neyveli, incorporated under
the Companies Act 1956, having their registered Office at Chennai, 600 010 and
includes their successors.
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, sub-contractors and suppliers, heirs, executors, administrators,
representatives, successors.
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.
4.
5.
(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 liquidated damages 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
liquidated damages equivalent to Security Deposit / Performance Bank
Guarantee.
94
95
(6)
(7)
(8)
(9)
10)
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.
The Monitor will submit a written report to the Chairperson of the Board of
the Principal within 8 to 10 weeks from the date of reference or intimation to
him by the 'Principal' and, should the occasion arise, submit proposals for
correcting problematic situations.
Monitor shall be entitled to compensation on the same terms as being extended
to / provided to Outside Expert Committee members / Chairman as prevailing
with Principal.
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.
The word 'Monitor' would include both singular and plural.
The Monitor can be removed from his office, before the expiry of his tenure
only with the approval of the Board of the Principal.
.
For the Principal
.
for the Bidder /Contractor
Place .
Witness1
Date ..
Witness 2
96
SECTION-K
QUESTIONNAIRE
ON COMMERCIAL POINTS
TO BE ANSWERED BY THE BIDDER
97
SECTION-K
Sheet 1 of 3
Questionnaire on commercial points to be answered by the Bidder
1.0
1.1.0
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.2
1.2.1
1.2.2
1.2.3
1.2.4
1.2.5
1.3
1.3.1
1.3.2
1.3.3
1.3.4
1.3.5
2.0
2.1
2.2
2.3
2.4
Details:
Full Particulars of the Bidder
Name & Address
Tele Phone No.
Fax No.
Bankers name, address & Fax No.
For the purpose of e-payment following shall be
provided.
i. Name of the beneficiary
ii. Bank A/c. No.
iii. Name of the Bank
iv. Name of the Branch
v. Branch code No.
vi. IFSC Code (For NEFT / RTGS Payment)
vii. PAN No
Name & full address of Chief executives and name of
Board of Directors
E-Mail
Other Information if any
CONTACT PERSON
Name and Address
Tele Phone No.
Fax No.
Mobile Phone No.
E-Mail
CONSORTIUM PARTNER
Name & Address
Tele Phone No.
Fax No.
Name & full address of Chief executives and name of
Board of Directors
E-Mail
BID GUARANTEE
Whether bid guarantee is furnished.
Whether any deviation in format of bid guarantee is
taken.
Value of Bid Guarantee
Expiry date of bid guarantee
98
Sheet 2 of 3
2.5
2.6
2.7
3.0
3.1
4.0
4.1
5.0
5.1
6.0
6.1
7.0
Sheet 3 of 3
7.3
7.4
Note:
Signature :
Name
Designation:
Company
Company Seal.
Date
100
SECTION-L
BIDDERS EXPERIENCE
101
SECTION-L
BIDDERS EXPERIENCE
Details of past performance for reckoning towards satisfaction of the Qualifying Requirement.
Sl.
No.
Work Order /
Agreement/
Contract No. &
Date
Qty.
Scope of
work
Date of
Date of
commencement completion
Place of work,
Name of the
firm with full
address like
contact Name,
Phone No, Fax
No., E.mail etc.
Signature :
Name
:
Designation:
Company :
Date
:
NOTE:
Please note that the data called for in this schedule is essentially required to decide the
Bidders eligibility to qualify for this tender. Failure to furnish complete and correct
information shall render the bid/offer liable for rejection without further reference. For the
references indicated in this schedule, which meets all the parameters of QR, the performance
certificate furnished by the respective customer shall be enclosed with the offer indicating all
the parameter of QR in the certificate itself for considering the same.
Indicate in this schedule only the works undertaken by you, which meets the qualifying
parameters and which you desire to be reckoned for determining satisfaction of the QR.
The bidder has to enclose the required performance certificates along with this section.
102
SECTION - M
DEED OF UNDERTAKING BY
THE CONSORTIUM
PARTNER ALONG WITH THE
CONTRACTOR
103
SECTION-M
FORMAT OF DEED OF UNDERTAKING
BY THE CONSORTIUM PARTNER ALONG WITH THE CONTRACTOR
(To be furnished on a stamp paper of appropriate value)
Any deviation in this format will not be acceptable.
This Deed of undertaking executed this ............ ........ ....... day of ............ ........... ........
by ...................... .............. a Company incorporated under ............................ and having
its Registered Office at ...................... .............. ................ herein after called ......................
................ or Consortium partner' which expression shall include its successors, executors
and
permitted assigns and (Contractor's Name) .................................... a Company
incorporated under the
Companies Act 1956 having its registered office at
................... .......... ................. hereinafter called ........... ...................... (Contractor's Name)
or 'CONTRACTOR' which expression shall include its successors, executors and permitted
assigns) in favour of Neyveli Lignite Corporation Limited, a company incorporated under
the Companies Act 1956 having its Registered Office at Chennai-600 010 (hereinafter called
the 'CLIENT'), which expression shall include its successors, executors and assigns.
WHEREAS the CLIENT is desirous of getting work of the
(herein after called as Work) done as per its specification No ...................... dated
.................... WHEREAS................................ (Contractor's Name) submitted its technical
proposal vide its Letter No. ........................ dated ...... ........ based on the association of
M/s .................................. (Consortium partner) AND WHEREAS it is a condition for the
award of contract to ...................... (Contractor's Name) that............................... (Contractor's
Name) and its (Consortium partner) M/s ................................. would be jointly and severally
bound and shall be responsible to the CLIENT for the successful performance of the
Work as per the CLIENT's specifications in terms of the Contract.
NOW, THEREFORE, THIS UNDERTAKING witnesseth as under:
1.
That in consideration of the award of Contract by the CLIENT (herein after
referred to as the 'Contract') we, the Consortium partner and CONTRACTOR do
hereby declare and guarantee that we shall be jointly and severally bound unto to
the Neyveli Lignite Corporation Limited (CLIENT) for the successful performance
of Work (strike out whichever is not applicable) in accordance with the Contract
specifications. Further, we, the Associate/Collaborator/ Consortium member and the
CONTRACTOR hold ourselves jointly & severally responsible for the timely
execution of all activities in accordance with the contract.
2.
In the event of any breach in the performance of the obligations setforth above, we
the Consortium partner and the CONTRACTOR, shall jointly and severally pay the
loss or damage to the CLIENT on his demand. Further we the Consortium partner
and the CONTRACTOR, jointly and severally undertake to pay to the
CLIENT the liquidated damages arrived at in accordance with the provisions of
the Contract, in the event of shortfall in the Work without any demur, reservations,
protest and recourse. Further, any extension of time, relaxation or indulgence by the
CLIENT to the CONTRACTOR shall not prejudice the rights of the CLIENT under
this undertaking against the Associate / Collaborator / Consortium member of the
CONTRACTOR.
104
3.
We, the Consortium partner and the CONTRACTOR agree that this undertaking shall
be irrevocable and further agree that this undertaking shall continue to be enforceable
till the he Completion of the work under the Contract. We further agree that this
undertaking shall without prejudice to the various liabilities of the CONTRACTOR
including his Contract Performance Guarantee as well as his other obligations in
terms of the Contract.
4.
The Performance, rights and responsibility of the party shall be in accordance with the
Contract and further the liability of the CONTRACTOR/ Consortium partner under
this Undertaking shall not in any case exceed the limits as stipulated in the Contract.
5.
.
(Signature)
.
(Name in Block Letters)
.
(Official address)
..
(Signature)
..
(Name in Block Letters)
.
For CONTRACTOR.
Name :
Designation :
seal of the
Company.
(Official address)
105