Rayalaseema Steel Corporation Limited (A State Government Undertaking)

E-TENDER

FOR

Preparation of Techno-Economic Feasibility Report for Integrated Steel Plant Project

Rayalaseema Steel Corporation Limited (A State Government Undertaking) 294/1D, Tadigadapa to Enikepadu 100 ft. Road, Kanuru Village, Penamaluru Mandal, Vijayawada - 521137, Andhra Pradesh Tel: +91 866 2429999, Fax: +91 866 2429977 Nodal Officer: Sri T. Nathaniel, Deputy General Manager (Geology) Contact: +91 9491035727 Email id: [email protected]; Tender No.: RSCL/PROJ/TEFR/1

Dated: 15.02.2019

Tender Document Fee: INR 10,000/-

(Non-Refundable) (Indian Ten thousand only)

Note: The Tender Document Fee is non-refundable and non-transferable.

Notice Inviting Tender

Rayalaseema Steel Corporation Limited (RSCL) 294/ 1D, Tadigadapa to Enikepadu 100 ft. Road, Kanuru Village, Penamaluru Mandal , Vijayawada - 521137, Andhra Pradesh Tel: +91 866 2429999, Fax: +91 866 2429977 E-Mail: [email protected]

Global E- Tender for Preparation of Techno-Economic Feasibility Report (TEFR) for Integrated Steel Plant project

Tender No: RSCL/PROJ/TEFR/1 dated 15.02.2019 RSCL, a fully owned undertaking of the Govt. of Andhra Pradesh, invites global tenders from reputed Agencies for preparation of Techno Economic Feasibility Report (TEFR) for Integrated Steel Plant Project.

The tender document for the e-tender can be downloaded from the website of AP E-Procurement www.tender.apeprocurement.gov.in from 15.02.2019 onwards. Terms and conditions, timelines etc. for participating in the e-tender shall be as provided in the tender document and the terms and conditions of AP E- Procurement portal shall also apply, if any.

The intending bidders shall register themselves with the AP E-procurement portal using valid Digital Signature Certificate. Interested bidders can participate in the bidding only after payment of a non-refundable tender fee of INR 10,000 (Indian Rupees Ten Thousand Only) in addition to bid security and other required documents. Last date for submission of Techno-Commercial Bid is 26.03.2019 by 15:00 hrs. Any further communications, amendments etc. shall be available on the above website of AP E-Procurement and there will be no newspaper notification/advertisement in this regard.

Nodal Officer for this Tender Document shall be Mr. T. Nathaniel – Deputy General Manager – Geology, APMDC, Email: [email protected], Phone: +91-866-2429999; Fax: +91-866-2429977.

RSCL reserves the right to (i) reject any or all bids without assigning any reasons whatsoever, (ii) reschedule / postpone the bid date (s) due to any unforeseen circumstances at any stage of the bid process, (iii) cancel or annul the entire bid process without assigning any reasons whatsoever.

Sd/- P. Madhusudan Chairman & Managing Director, RSCL

Key Dates

Sl. No. Event Description Timeline Date

Posting of tender document AP E-Procurement portal A. T0 15-Feb-19

Last date of receiving queries from Interested Bidders B. T0 + 14 01-Mar-19

Pre-bid conference for registered bidders 08-Mar-19 C. (@ APMDC Office, Vijayawada) T0 + 21 11:00 Hrs IST Responses to queries by RSCL through issue of D. Corrigendum/Addendum to Tender documents, if any T0 + 25 12-Mar-19

Techno-Commercial Bid due date 26-Mar-19 E. T0 + 39 15:00 IST

Announcement of the Technically Qualified Bidders F. T0 + 46 02-Apr-19

Commercial Bid opening of Technically qualified bidders G. T0 + 46 02-Apr-19

Announcement of Successful Bidder H. T0 + 48 04-Apr-19

Note: Dates at Sl. No.- C to I may undergo change and in case any of the dates fall on a holiday/ Sunday, the date will automatically shift to the next working day.

Data Sheet

Sl. Parameter Details No.

1 Tender Document Fee INR 10,000/- (Rupees Ten thousand only)

AP E-Procurement Transaction fees INR. 7,500/- + 18% GST online in the E-Procurement 2 for the tender portal during Bid submission

2 Amount of Bid Security INR 5,00,000 (Rupees Five Lakhs Only)

3 Amount of Performance Security 10% of the value of the contract

Mr. T. Nathaniel, 4 Nodal Officer Deputy General Manager (Geology), APMDC Mobile: +91 9491035727

E-mail address for submitting pre-bid 5 [email protected] queries

294/ 1D, Tadigadapa to Enikepadu 100 ft. Road, Kanuru Village, Penamaluru Mandal , Vijayawada - 521137, Andhra Pradesh 6 Address of Corporation Tel: +91 866 2429999, Fax: +91 866 2429977

7 Venue for pre-bid meeting APMDC Office at Vijayawada

8 Tender No. RSCL/PROJ/TEFR/1

CONTENTS OF THE TENDER DOCUMENT Disclaimer ...... 6

A. Introduction ...... 7

B. Background ...... 7

C. Scope of Work ...... 8

1. Market Study ...... 8

2. Technical Study ...... 8

3. Financial Analysis ...... 9

4. Implementation Strategy ...... 10

D. Timelines ...... 11

E. Pre-Qualification Criteria ...... 12

F. Technical Evaluation Criteria ...... 13

G. Selection of Successful Bidder ...... 14

H. Pre-Bid Conference ...... 14

I. Terms and Conditions ...... 16

J. ANNEXURES ...... 25

Annexure 1- Proforma to acknowledge the bid Document ...... 25

ANNEXURE 2- Bidders Organization & Experience ...... 26

ANNEXURE-3: Letter of Offer ...... 27

ANNEXURE 4: Price Bid Format ...... 28

ANNEXURE 5: Performance Bank Guarantee ...... 29

ANNEXURE-6: Authorization Letter ...... 31

ANNEXURE 7: Format for Power of Attorney for Authorized signatory ...... 32

ANNEXURE 8: Format for Power of Attorney for Lead Member of Consortium ...... 34

ANNEXURE 9: Format for Consortium Agreement ...... 36

ANNEXURE-10: Format for Queries ...... 40

Disclaimer

The Information contained in this Tender document or subsequently provided to Bidder(s), whether verbally or in documentary or any other form by or on behalf of RSCL or any of their employees or advisors, is provided to Bidder(s) on the terms and conditions set out in this Tender and such other terms and conditions subject to which such information is provided.

This Tender is neither an agreement nor an offer by RSCL to the prospective Bidders or any other person. The purpose of this Tender is to provide interested Bidders with information that may be useful to them in making their Bids/Proposals pursuant to this Tender. This tender may not be appropriate for all persons, and it is not possible for RSCL, its employees or advisors to consider the investment objectives, financial situation and particular needs of each bidder who reads or uses this tender.

RSCL, its employees and advisors make no representation or warranty and shall have no liability to any person, including any Bidder under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this tender or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the Tender and any statement or information contained therein or deemed to form part of this Tender or arising in any way for participation in the Bidding Process.

RSCL also accepts no liability of any nature whether resulting from negligence or otherwise howsoever caused arising from reliance of any Bidder upon the statements contained in this Tender.

RSCL may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumptions contained in this Tender.

The issue of this tender document does not imply that RSCL is bound to select a bidder and RSCL reserves the right to reject all or any of the Bidders or bids without assigning any reason whatsoever.

Each Bidder shall bear all its costs associated with or relating to the preparation and submission of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by RSCL or any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain with the Bidder This Tender Document is not transferable. The price paid by the Bidder for the Tender Document shall not be refunded.

A. Introduction

Rayalaseema Steel Corporation Limited (“RSCL” or the “Corporation”) is a fully owned undertaking of the Government of Andhra Pradesh. It was incorporated on 24 December 2018 under the Companies Act 1956. RSCL was created with the purpose of establishing an Integrated Steel Plant in Kadapa district of Andhra Pradesh.

This tender document is being issued by RSCL to hire an agency for Preparation of a Techno-Economic Feasibility Report (TEFR) for the Integrated Steel Plant at Kadapa District.

B. Background

Andhra Pradesh is the youngest and among the fastest growing states in India. It is well endowed with various mineral resources, which are required for the sustained operations of an Integrated Steel Plant. Further, Ease of Doing Business, established infrastructure and connectivity through air, road and sea routes has made Andhra Pradesh as the most favored destination for investment.

An integrated steel plant has been proposed to be set up in the Kadapa district of Andhra Pradesh, given its proximity to the raw materials, port facilities as well as adequate availability of land, power & water infrastructure. Towards this objective, the State Government of Andhra Pradesh incorporated the Rayalaseema Steel Corporation Limited, a fully owned undertaking on 24th December 2018.

RSCL is in the process of evaluating various options to proceed with operationalizing the project at the earliest, including entering into strategic tie-ups with globally reputed companies having strong financial, technical or marketing expertise.

The RSCL intends to commission a Techno-Economic Feasibility Report from a globally reputed agency.

The objective of the TEFR report is to:

A. Conduct Market Analysis B. Preparation of a detailed technical report elaborating the layout, capacity, technology & product mix of the project. C. Providing strategic recommendations to ensure feasibility of the project and maximize return on investment, by providing specific action plan regarding business models, raw material sourcing options, financial structuring.

RSCL invites companies with expertise in both Technical aspects and Financial and Strategic domains to participate in the tender process and submit their Techno-Commercial proposals within the prescribed timelines.

C. Scope of Work

The selected Bidder shall undertake preparation of a Techno-Economic Feasibility Report (TEFR) for the Integrated Steel Plant at Kadapa Dist., Andhra Pradesh. RSCL shall provide the necessary details required to prepare the TEFR.

The scope of the Techno-Economic Feasibility report shall include, but is not limited to the below mentioned aspects. The selected bidder shall be obliged to provide any other relevant information needed for a TEFR.

1. Market Study a. Market Demand-Supply & Competition Assessment for Steel and Steel Products i. Global Market Demand-Supply for Steel Products – Review and Forecast ii. Domestic Market Demand-Supply – Review and Forecast iii. Study of International Trade Flows and potential for Indian Steel Exports b. Pricing Assessment i. Review of Global and Domestic Steel Prices for the last 5 years along with a critical assessment of key drivers ii. Review & outlook on domestic and international steel demand, supply and prices c. Recommendation for Process and Product Mix i. Derivation of different options of Technological process and Product Mix ii. Analysis and Recommendation. d. Risk Assessment for the Project including the following: i. Market risk ii. Technology risk, including competition from substitutes such as Aluminum iii. Socio political risk iv. Environmental risk

2. Technical Study a. Assessment of Infrastructure & technology requirements for setting up of an Integrated Steel Plant (i.e. “Project”). i. Analysis of identified Site regarding its suitability for setting up the project. Also, it should cover site preparation and enabling work needed for plant construction. ii. Identification of all major technological facilities and auxiliary units required to be set up. iii. Assessment of the infrastructure facilities, including a. Land requirement for the Steel Plant, Auxiliary Units, Office Complex and other necessary facilities and structures b. Water requirement and Water balance including water storage facilities c. Power Balance and Power requirement for the Plant and auxiliary units. d. Civil & Structural work e. Other utilities 8

iv. Preparation of general Layout, design and flowsheet of the Plant and Material Balance with the proposed technology. v. Analysis of Plant and equipment including but not limited to details regarding a. Area/shop layout, b. Description of the process, c. Requirement of inputs with specifications, d. Outputs of the shop with specifications, e. Capacity calculations, f. Process parameters, g. Specific consumptions, h. Handling facilities, i. Detailed list of the equipment, and j. Waste treatment facilities. vi. Raw Material requirement a. Coal – Coking, Non-coking, PCI etc. b. Iron Ore. c. Limestone, Dolomite etc. d. Others, as applicable vii. Details regarding Automation, instrumentation and control facilities viii. Assessment of water and utilities ix. Assessment of Fuel and Power and energy balance for the plant b. Assessment of Logistics setup for transportation of Raw Material and Finished Goods for optimal and economic operations. c. Project execution schedule delineating specific timelines for each activity.

3. Financial Analysis

The TEFR should include detailed financial analysis regarding the following:

a. Capital Expenditure: i. Capital cost towards establishing the Integrated Steel Plant and Auxiliary Units, including Plant & machinery, mechanical and electrical equipment, instruments, Civil and structural work, utilities and service facilities, any other associated facilities and contingencies. ii. Land acquisition (Purchase or lease basis), Rehabilitation and Resettlement costs iii. Cost of setting up the required infrastructure relating to Water Supply, Power Supply, raw material & finished goods logistics (Railway Siding, if required) etc. iv. Obtaining Statutory Clearances including but not limited to preparation of EIA/ EMP report, Social Impact assessment report, Consent from State Pollution control Boards, forest clearance, other statutory clearances etc. b. Operation and Maintenance Cost Estimates for the complete life of Project including manpower costs, repair and maintenance, housekeeping and security, communications, regulatory

compliances, electricity, water, manpower incidentals, packing and handling finished products, if and as applicable etc. This should include costs towards escalation over the life of the project.

c. Profitability Analysis through preparation of a Detailed Financial Model The successful bidder shall prepare a detailed financial model over the life of project, keeping in view the overall market scenario. i. Sales and Revenue projections ii. Operating expenditure plan along with detailed working capital requirement iii. Preparation of Financial Statements (P&L, BS, Cash Flow analysis) over the Project lifecycle. iv. Assessment of the project returns (NPV, IRR etc.) etc. v. Sensitivity analysis of project returns to variations in major assumptions

Selected agency shall also provide the working & editable financial model (in excel format), including the assumptions along with the draft TEFR.

4. Implementation Strategy

TEFR shall analyse the following aspects critically and suggest optimal solutions to set up and operate the project efficiently and effectively and at the same time, maximize the Return on Equity (RoE) for Rayalaseema Steel Corporation Limited.

a. Capital Structuring of the Project: Analyze the sensitivity of project returns to various capital raising scenarios (such as Debt-equity ratio, interest rates etc.) and recommend the Optimal Capital Structure.

b. Raw Material Sourcing Strategy

i. Iron Ore: A critical analysis of the various options available for sourcing iron ore (Domestic/Imports, Linkage/E-Auction/Captive etc.). ii. Coal: A critical analysis of the various options available for sourcing coking/non-coking coal (Domestic/Imports, Linkage/E-Auction/Captive etc.) The TEFR shall suggest modalities to source these critical raw materials at the optimal cost, in compliance with applicable regulations. c. Public Private Partnership (PPP): The TEFR shall evaluate various options for RSCL to enter into strategic tie-ups with globally reputed companies, either from India & abroad, having strong financial, technical or marketing skills. This should cover the following broad topics:

i. Financial commitment of parties ii. Distribution of responsibilities – Operations, Marketing etc. iii. Any other relevant issues

D. Timelines

The appointed agency shall be required to adhere to the following timelines:

Sl. No Deliverable Period

1. Market Study Report T + 30 days

2. Submission of Draft TEFR T + 75 days

3. Submission of Final TEFR 15 days post feedback on Draft TEFR * T being the date of Placement of letter of Award.

E. Pre-Qualification Criteria

1. For determining the eligibility of Bidder, the following conditions shall apply.

a. The Bidder shall be a single entity or a group of maximum two entities (“Consortium”), coming together to bid for the Project. However, no Bidder applying individually or as a member of a Consortium, as the case may be, can submit another bid or be member of another Bidder /Consortium. The term Bidder used herein would apply to both the Single entity and the Consortium.

b. A Bidder may be a partnership firm or a company or any combination of them entering into an agreement in the form of a Consortium.

c. The Bidder shall submit a copy of Memorandum and Articles of Association, if the Bidder is a body corporate, and if a partnership firm then a copy of its registered Partnership Deed in the submission of the Bid.

d. In case the Bidder is a Consortium, it shall comply with the following additional requirements:

i. Number of members in a Consortium shall not exceed 2 (two),

ii. Members of the Consortium shall enter into a binding Consortium Agreement for the purpose of making the Bid, submitting the Bid and executing the Contract. The format for Consortium agreement is provided in Appendix 9

iii. The Bid should contain the information required about each member of the Consortium. 2. The bidder should meet the following Pre-Qualification criteria:

I. Financial Strength: The bidder should have a minimum average annual turnover of INR 50 Crore over the last three financial years (FY 15-16, FY 16-17 and FY 17-18)

II. Technical Experience: During the last seven (7) years, Bidder should have completed at least 1 Detailed Project Report (DPR) /Techno economic feasibility Report (TEFR) for an Integrated Steel Plant with a crude steel capacity of at least Two Million Tonnes Per Annum (2 MTPA) and the plant is to be in operation for at least 6 months prior to date of this tender.

In the event, the Bidder is a consortium, the lead member of the consortium shall have to qualify the financial criteria on its own. The combined experience and other relevant factors of both the consortium members put together shall be considered for technical evaluation (non-financial parameters).

F. Technical Evaluation Criteria

The technical proposals submitted by the bidders, who meet the Pre-Qualification Criteria, shall be awarded marks as per the following mechanism.

Max. S.No Criteria Scoring Basis marks No of Assignments Marks Number of projects relating to preparation of DPR/TEFR/Detailed Feasibility Report >= 5 30 (DFR) for Integrated Steel Plants in the last 4 25 1 10 years in Steel Industry. Each of these 30 plants should have a Crude Steel capacity of 3 20 atleast 2 Million Tonnes Per Annum 2 15 (MTPA). 1 10

Capacity of Single largest commissioned Steel plant Capacity in Marks steel plant, for which DPR/DFR/TEFR was 2 MTPA prepared. >7 20 20

>4.5 upto 7.0 16

>3.0 upto 4.5 12

>2.0 upto 3.0 8

Avg. Financial turnover Marks Average Annual Financial turnover of the > Rs. 400 crores 20 Bidder/Lead Consortium Member over last 3 Rs. 300 –400 crores 18 3 financial years/ calendar year (as 20 applicable) (FY2015-16, FY2016-17, Rs. 200 –300 crores 15 FY2017-18). Rs. 100 –200 crores 12 Rs. 50 –100 crores 10

No of Assignments Marks Number of projects related to Strategy/ > 10 20 Operations Improvement /Business 9 - 10 18 4 Transformation in the last 10 years in Metals 20 & Mining Sector, with a minimum project 7 - 8 12 value of Rs. 1 Crore each or equivalent. 5 - 6 8 3 - 4 4

No of Countries Marks > 10 10

9 – 10 9

5 Number of countries in which the bidder 7 – 8 8 10 has offices 5 – 6 7 2 –4 5

Total Technical Score 100

G. Selection of Successful Bidder

The final selection shall be based on Quality Cum Cost Based System (QCBS) following Pre-qualification & technical qualification of the bidders.

• The bidder has to score minimum 60 out of 100 in the Technical evaluation, failing which it won’t qualify and its commercial bid will not be opened.

• Out of the technically qualified bidders, the selection of the successful bidder will be based on the Quality and Cost Based Selection (QCBS) method in a 40:60 ratio, as given below.

o The Bidder who has quoted the least Financial Bid shall be given a Financial Score of 100 marks.

o The Financial Scores of Bidders shall be computed as follows:

o Financial Score of a Bidder = 100 x [lowest Financial Bid (in INR)/ Financial Bid quoted by the Bidder (in INR)].

o Composite Score of the Bidders shall be worked out as under:

o Composite Score of the Bidder = Technical Score x 40% + Financial Score x 60%

o Bidder with the highest Composite Score will be announced as the Successful Bidder.

H. Pre-Bid Conference

1. Bidders may seek clarifications or request further information regarding this Tender Document, only in the format provided in Annexure 10.

2. Any queries or requests for additional information concerning this Tender Document may be sent in excel format by e-mail to the Corporation at [email protected]. 3. The email should clearly bear the following subject line: “Queries/Request for Additional Information under Tender no. RSCL/PROJ/TEFR/1 for “Preparation of Techno-Economic Feasibility Report for Integrated Steel Plant”. 4. Each query should contain complete details of facts, information and Applicable Law relevant to the query and also the particulars of the person or Company posing the query. The Corporation reserves the right to not answer any query, including any query which is incomplete or anonymous. 5. The queries should be emailed on or before the due date specified for receiving queries. 6. The Corporation shall endeavor to respond to the queries within the period specified. However, the Corporation reserves the right to not respond to any question or provide any clarification, in its sole discretion, and nothing in this Tender Document shall be taken or read as compelling or requiring the Corporation to respond to any question or to provide any clarification. 7. The Corporation shall upload the responses/ clarifications for queries on AP E-Procurement portal. The source of the query will not be mentioned.

8. A maximum of two representatives of each Bidder shall be allowed to participate in pre bid conference on production of duly issued authorization letter from the Bidder and proof of identity documents. During the course of pre-bid conference(s), the Bidders may seek additional clarifications and make suggestions for consideration of the Corporation. 9. The Corporation may also on its own, if deemed necessary, issue interpretations and clarifications to all Bidders. All clarifications and interpretations issued by the Corporation shall be deemed to be part of the Tender Document. Provided, however, that any non-written clarifications and information provided by the Corporation, its employees, consultants or representatives in any manner whatsoever shall not in any way or manner be binding on the Corporation. 10. The Corporation reserves the right to reschedule or cancel the pre-bid conference due to unforeseen circumstances with prior intimation to the Bidders on AP E-procurement portal.

I. Terms and Conditions

1. Conflict of Interest

The Corporation requires that the selected bidder provide professional, objective, and impartial advice and at all times hold the Corporation’s interests paramount, avoid conflicts with assignments of other companies or their own corporate interest.

Any bidder for any assignment that would be in conflict with their prior or current obligations to other Corporations / Entities, or that may place them in a position of not being able to carry out the assignment in the best interest of the Corporation, shall not be recruited.

2. Amendment of Tender Document: a. At any time prior to the e-Tender due date, RSCL may, for any reason, whether at its own initiative or in response to clarifications requested by a Bidder, modify the Tender Document by the issuance of Addenda/Corrigenda. b. Any Addendum/Corrigendum issued hereunder shall be posted on AP E-procurement portal. No newspaper advertisement shall be issued in this regard. c. In order to afford the Bidders a reasonable time for taking an Addendum/Corrigendum into account, or for any other reason, RSCL may, in its sole discretion, extend the Bid due date, if required. d. RSCL also reserves the right to modify or alter the Tender Document and also to withdraw or cancel the Bidding Process at any stage.

3. Tender Document fee Bidders are required to remit non-refundable tender document fee of INR 10,000 (Indian Rupees Ten Thousand only) in favor of Rayalaseema Steel Corporation Limited. Tender document fee may be received either in form of DD drawn in favor of “Rayalaseema Steel Corporation Limited” on any Scheduled / Nationalized Bank payable at Vijayawada or through RTGS / NEFT transfers. Document fee may be remitted through RTGS/ NEFT to the following Bank Account:

1. Name of the Beneficiary Rayalaseema Steel Corporation Limited 2. Account Number 119311100001972

3. IFS CODE ANDB0001193

4. Name of the Bank and Branch Andhra Bank, Tadigadapa, Vijayawada

Note: Bank transfer charges either way would be on bidder’s a/c only.

4. Bid Security

The bidders are required to pay Bid security of INR 5,00,000/- in respect of Tender No: RSCL/PROJ/TEFR/1 dated 15.02.2019 through online payment in the E-procurement portal of Government of Andhra Pradesh, except for Micro and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by Department of Micro, Small and Medium Enterprises (MSME) or are registered with the Central Purchase Organization or the concerned Ministry or Department or Startups as recognized by Department of Industrial Policy & Promotion (DIPP). Such bidders shall provide all the relevant documents as proof of eligibility for exemption from payment of EMD/bid security while submitting the bid documents. If the document is found unsatisfactory, at the discretion of technical committee, the bidder would be liable to disqualification.

a. Cheques or Bank guarantees and also requests for adjustment against credit balances with the Corporation, if any, towards Bid security shall not be accepted.

b. The offers without Bid security will be rejected. Proof of payment through NEFT/RTGS/Online payment shall be uploaded on E-Procurement portal along with the technical bid and submitted at the office of APMDC.

c. The Bid security of the unsuccessful bidders will be returned upon finalization of the Tender through Online “EMD Refund option” in the E-Procurement portal at the earliest. In case of the successful bidder(s), the same shall be refunded post submission of Performance Security Deposit (PSD).

d. RSCL shall not be liable to pay any interest on the Bid security deposit so made and the same shall be interest free.

e. The Bid security shall be forfeited by the Corporation in the following events.

i. If a Bidder varies/modifies the Bid during the Bid validity period and any extension thereof as agreed between the Bidder and RSCL; or

ii. If a Bidder engages in a Corrupt Practice, Fraudulent Practice, Coercive Practice, Undesirable Practice or Restrictive Practice as specified in Clause 27 of this Tender Document; or

iii. If a Bidder does not submits the commercial bid; or

iv. If a Bidder withdraws its bid during the period of bid validity as specified in this Tender Document or as extended by mutual consent of the respective Bidder(s) and RSCL; or

v. In the case of Successful Bidder, if it fails within the specified time limit to furnish the Performance Security within the period prescribed in this Tender Document; or

vi. If a bidder does not accept the Letter of Award (LoA) or fails to sign the Contract or abide by any other terms and conditions of the LoA

5. Preparation of Technical Bid:

a. The Technical Bid and all related correspondence and documents in relation to the Bidding Process 17

shall be in English language. For the purpose of interpretation and evaluation of the Bid, the English language translation shall prevail.

b. The Technical Bid submissions shall be typed or written in indelible ink and signed by the authorized signatory of the Bidder who shall also initial each page. The Technical Bid submissions written in pencil will not be valid. In case of printed and published documents, only the cover shall be initialed. All the alterations, omissions, additions or any other amendments made to the Technical Bid submissions shall be initialed by the person(s) signing the Bid submissions. The Bid submissions shall also contain page numbers.

c. The Technical Bid submissions and accompanying information shall be complete and strictly as per the requirements in the Tender Document.

d. Erasing and overwriting shall be avoided in the Technical Bid submissions. If any corrections are to be made, the part to be corrected shall be neatly written duly attesting the correction.

e. The Technical Bid submissions shall be duly signed by an authorized person. The power of attorney shall be uploaded along with the accompanying documents. RSCL may reject, outright any Bid unsupported by the adequate proof of the signatory's authority. The decision of RSCL in this connection is final and binding on the bidder.

6. Cost of submission of bid:

The Bidder shall bear all costs of preparation and submission of Bid. Corporation in no case be responsible or liable for such costs of the Bidder, regardless of the conduct or outcome of the process of evaluation of Bids.

7. Process of submission of bids

a. Transaction Fee for Tender: All the participating bidders should pay a Transaction fee of Rs. 7,500/- + GST(18%) online in the E-Procurement portal during Bid submission and this shall be payable to M/s. A.P. Technology Services Limited, Hyderabad by adopting the following channels / modes of payment: 1. Net banking 2. Credit cards/Debit cards (Any MASTER / VISA Card) issued by any bank 3. NEFT/RTGS Challan payment by utilizing the Payment Gateways provided in the portal. Please note that CC/DC payment options would incur higher charges than Net banking / NEFT Challan payments.

b. The bidder shall submit his response through Bid submission to the tender on e-Procurement platform at www.apeprocurement.gov.in by following the procedure given below. The bidder would be required to register on the e-procurement market place www.apeprocurement.gov.in or https://tender.apeprocurement.gov.in and submit their bids online. Offline bids shall not be entertained by the Tender Inviting Authority for the tenders published in AP e-procurement platform.

c. The bidders shall submit their eligibility and qualification details, Technical bid etc., in the online standard formats UNDER PQ/TQ templates as displayed in AP e-Procurement web site. The bidders shall also upload the scanned copies of all the relevant certificates, documents etc., which shall include the following: 18

i. Proof of payment of tender document fee and Bid Security

ii. The following extracts of Audited financial reports for the last 3 years

a. Auditor’s Report

b. Balance sheet

c. Statement of Profit & loss

d. Schedules to balance sheet and statement of Profit & loss

e. Notes forming part of financial statements

iii. All documents pertaining to Technical Evaluation Criteria as mentioned under clause E & F

iv. Duly filled Annexure 1 acknowledging the bid document

v. Duly filled Annexure 2 giving a brief description of the bidder’s organization and an outline of recent experience of the Bidder on assignments of a similar nature. The information on each assignment should indicate, inter-alia, the profiles of the staff provided, duration, contract amount and firm’s involvement. The details of assignments on hand shall also be furnished.

All the relevant documents, certificates shall be uploaded in the e-Procurement web site before the technical bid due date. RSCL may reject any bid that is not complete in terms of submission of the documents mentioned above and the decision of RSCL shall be final and binding in this regard. d. The bidder shall sign on the statements, documents, certificates, uploaded by him, owning responsibility for their correctness/authenticity. RSCL may reject, outright any Bid unsupported by the adequate proof of the signatory's authority. The decision of RSCL in this connection is final and binding on the bidder. e. The bidders shall submit the commercial bids in the standard online format provided by the bid due date. They shall also upload online scanned copies of duly filled letter of offer and commercial bid as per Annexure 3 and 4 respectively. The commercial bid of only the eligible technically qualified bidders shall be opened. f. The bidders shall quote the lump-sum rate for the complete scope of work (exclusive of GST) as provided in Annexure 4. This rate will be the sole bid parameter for evaluation. g. Registration with e-Procurement platform: For registration and online bid submission bidders may contact HELP DESK of M/s. Vupadhi Techno Services Pvt Ltd on 040- 39999700/701/702/703/704,www.apeprocurement.gov.in or https://tender.apeprocurement.gov.in. h. Digital Certificate authentication: The bidder shall authenticate the bid with his Digital Certificate for submitting the bid electronically on e-Procurement platform and the bids not authenticated by digital certificate of the bidder will not be accepted on the e-Procurement platform.

For obtaining Digital Signature Certificate, you may please Contact: Andhra Pradesh Technology Services Limited, 3rd Floor, R&B Bulding, MG Road, Labbipet, Vijayawada-520010, Andhra Pradesh, India. 19

(OR)

You may please Contact Registration Authorities of any Certifying Authorities (CA) in India. The list of CAs are available by clicking the link "https://tender.apeprocurement.gov.in/DigitalCertificate/signature.html".

Hard copies:

All Documents that shall be uploaded on the E-Procurement portal along with technical bid shall also be submitted in original in a sealed envelope addressed to the Chairman & Managing Director, Rayalaseema Steel Corporation Limited at the address on the first page of the tender document super- scribing “Submission of Technical Bid under Tender No: RSCL/PROJ/TEFR/1 dated 15.02.2019” before technical bid submission closing due date and time.

In the case of any discrepancy between the documents uploaded on E-Procurement portal and the hard copies submitted to RSCL, the documents uploaded on AP E-procurement portal may be considered for bid evaluation. However, in this case, RSCL shall have the right to reject the bid and the decision of the corporation shall be final and binding in this regard. The bidder shall not submit their commercial bid as part of hard copy submission. However, the bidders shall submit the commercial bid as per the online format provided in the E-Procurement portal by technical bid due date.

8. Late bids

a. Tenders received after due date and time of closing will be out rightly rejected. Corporation will not be responsible for the loss of tender or for transit delays. Bidders are advised in their own interest to ensure that their bids are submitted and documents are uploaded in the AP-E-procurement portal and also that the hard copies reach this Office well before the closing date and time of the tender.

b. The Corporation at its discretion may extend the deadline for submission of bids by issuing an amendment on AP E-procurement portal in which case all rights and obligations of the Corporation and Bidders previously subject to the original dead line shall thereafter be subject to new deadline as extended.

9. Opening of Bids

a. The Corporation shall open the technical bids on the technical bid due date as specified in the tender document in presence of the Bidder/authorized representative of the Bidder who may like to be present. Only bidder or authorized representative of the Bidder will be allowed at the time of opening the bids (Authorization letter as in Annexure 6 shall be provided in respect of the Authorized representative).

b. In case of unscheduled holiday on the closing / opening day of the tender, the next working day will be treated as scheduled day of closing / opening of the tender, the time notified remaining the same.

c. The corporation shall initially evaluate only the technical bids as per the timeline mentioned in the tender document and only the E-Tender (Commercial bids) of eligible/ technically qualified bidders shall be opened. 20

Note

RSCL reserves right to reject any or all bids received without assigning any reason.

10. Bid Evaluation

a. The commercial bid of only the eligible technically qualified bidders shall be opened. The presence of representatives of the bidders for commercial bid opening is not envisaged.

b. The bid evaluation criteria as adopted by the Corporation deemed fit is final and binding on the bidders.

c. The final selection of successful bidder shall be based on Quality Cum Cost Based System (QCBS), as elaborated in Section G - “Selection of Successful Bidder”.

11. Period of validity of bids

Validity date is 60 days from last date of submission. A proposal valid for a shorter period may be rejected as nonresponsive. The Corporation will make its best effort to complete negotiations within this period. In case of need, the Corporation may request the Bidders to extend the validity period of their Proposals. Bidders who do not agree have right to refuse to extend the validity of their proposal and under such circumstances, the Corporation shall not consider such proposal for further evaluation.

12. Withdrawal of bids:

No Bid shall be withdrawn in the interval between Bid submission and expiry period of validity (Clause 11). Any such withdrawal of Bid shall result in forfeiture of Bid security.

13. RSCLs right to accept/reject bids:

The Corporation reserves the right to accept or reject any Bid and to annul the entire Bid process and reject all Bids at any time prior to award of tender without there by incurring any liability to the affected Bidders or any obligation to inform the affected bidders of the grounds for the Corporation's action.

14. Contract Negotiation & Award of Contract

a. RSCL reserves the right to invite the Selected Bidder for negotiation.

b. Representatives conducting negotiations on behalf of the Bidder must have written authority to negotiate and conclude the Contract.

15. Acceptance of offers:

a. Acceptance by the Corporation will be communicated by E-Mail/ /Registered letter / Courier. The notification of the award will constitute the formation of the contract.

b. The successful bidder(s) shall sign a contract(s) with the Corporation within 14 days from the date of acceptance of this tender by paying the performance Security Deposit, PSD as per clause 18.

16. Payment terms

All payments to the selected bidder shall be in Indian National Rupees only. 21

Payment shall be made as per the following schedule:

• 20% on submission of Market assessment Report

• 40% on submission of Draft TEFR Report

• 40% on acceptance of Final TEFR Report by RSCL

17. Failure and Termination:

i. The contract can be terminated by written notice of 7 days from either side. However, during the currency of contract, all parties shall discharge their due obligations.

ii. If the bidder fails to furnish the required report as per the schedule given by the Corporation to the satisfaction of the Corporation, the Corporation may without prejudice to any other remedy available to it:

a. Reserves the right to get the work done by making alternate arrangements at Bidder’s risk and cost without cancelling the Agreement and such cost shall be adjusted from the PSD. (Or)

b. Reserves the right to levy penalty equal to 0.5% of the contract price per day delayed subject to a maximum 10% of the contract value at the discretion of the C&MD of the Corporation.(Or)

c. Cancel the Agreement by serving 7 days’ notice to bidder and forfeit the PSD amount submitted.

iii. The bidder is liable to bear any damages and demurrages suffered by the Corporation from what- so-ever quarter due to any reason and the same shall be recovered from the bidder.

18. Performance Security Deposit (PSD):

a. The successful bidder (s) shall pay performance security deposit (PSD) equal to 10% value of the contract/purchase order.

b. The Bid security amount of the successful bidder will be refunded on submission of Performance Security Deposit. The Performance Security Deposit amount shall be paid by the successful bidder(s) by a cross DD in favour of “Rayalaseema Steel Corporation Limited” payable at Vijayawada or in the form of an unconditional and irrevocable Performance Bank Guarantee (PBG) in favor of Rayalaseema Steel Corporation Limited, payable at Vijayawada from any Scheduled Commercial Nationalized Bank, acceptable to the Corporation, in India as per the pro-forma in Annexure 5 at the time of signing the contract. The PBG must be valid for a period of six (6) months beyond the stipulated date of completion of services. The Corporation shall reserve the right to reject bank guarantee from certain banks not acceptable to the Corporation. RSCL will have the right to invoke the security deposit without assigning any reasons if performance of the successful bidder is not found up to the mark.

c. The performance Security Deposit including Performance Bank guarantee shall not bear any interest. Any bank charges or commission on account off furnishing the performance bank guarantee shall be borne by the successful bidder only. Failure to comply with the requirements under this clause by the successful bidder shall lead to annulment of the contract and forfeiture of Bid security submitted by the successful bidder. The Performance Security Deposit amount including Performance Bank Guarantee as above will be returned to the successful bidder by the Corporation within 2 months from the date of expiry of the contract.

i. The Corporation reserves the right to forfeit PSD or adjust the amounts recoverable as against Performance Security Deposit (including invocation of Performance Bank Guarantee) in accordance with Failure and Termination clause of the RFP. The decision of the Corporation is final and binding on the bidder / Agency.

ii. The Corporation also reserves the right to adjust any sum of money due and payable by the agency to the Corporation against Performance Security Deposit in case the Corporation is unable to recover the due amounts from the Agency.

19. Indemnity

It is the prime responsibility of the selected bidder/agency to meet all the statutory compliances/obligations of payments for their man-power deployed. However if RSCL sustains any loss due to improper performance of its manpower, the bidder will indemnify RSCL of all legal obligations of its manpower deployed at site.

20. Unsolicited modification (s) to the tender

In case any clarification(s) is sought by the Corporation after opening of the bids, the reply by the bidder should be restricted only to such clarification and any modification including the one which has effect on price or value of the offer without specific reference by the Corporation shall render the bid rejected without notice and further reference to the bidder. No bidder shall submit revised bid after bids are opened unless otherwise the Corporation requests for such revised bids. Submission of unsolicited revised offers shall result in forfeiture of Bid security.

21. Transfer of tender document

The tender documents are non-transferable.

22. Correspondence:

All correspondence should bear reference of the tender number, the postal address and Fax address mentioned in the tender document.

23. Clarification in respect of incomplete offers:

The Corporation has to finalize the tender within a limited time schedule. Therefore, it may not be feasible in all cases for the Corporation to seek clarifications in respect of incomplete offers. Prospective bidders 23

are advised to ensure that their bids are complete in all respects and conform to tender terms and conditions. Bids not complying with the Corporation's requirements maybe rejected without seeking any clarifications.

24. Income Tax liability

The Bidder shall have to bear all Income Tax liability both for Corporate and Personal Tax.

25. Insurance

Insurance cover for the men employed by the bidder and for material losses, damages and shortages should be borne by the bidder only.

26. Refund of Bid Security

In the event tender is cancelled, the Bid security will be refunded to the concerned bidder.

27. Fraud and Corruption

RSCL requires that the Bidders observe the highest standard of ethics during their execution of such contracts. In such pursuance of this policy,

27.1. Defined, for the purposes of this provision, the terms set forth as follows:

(i) “Corrupt practice” means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves and/or those close to them, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; and

(ii) “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of RSCL and includes collusive practices among bidders (prior to or after bid submission) designed to establish bid prices at artificial, non- competitive levels and to deprive RSCL of the benefits of free and open competition).

27.2. Will reject a Proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract; and

27.3. Will declare a firm ineligible, either indefinitely or for a stated period of time for awarding any contract if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, any contract.

J. ANNEXURES

Annexure 1- Proforma to acknowledge the bid Document

Date:

To The Chairman & Managing Director, Rayalaseema Steel Corporation Limited, 294/ 1D, Tadigadapa to Enikepadu 100 ft. Road, Kanuru Village, Penamaluru Mandal , Vijayawada - 521137

Dear Sir,

We hereby acknowledge receipt of complete set of bid documents pertaining to the Tender No: RSCL/PROJ/TEFR/1 dated 15.02.2019.

We have noted the Techno- Commercial bid due date is 26.03.2019

Our address for further correspondence on this tender will be as under.

------

Yours faithfully,

(Signature of the Bidder)

Telephone No.

Fax No.

Personal attention of (if required)

ANNEXURE 2- Bidders Organization & Experience

1. Bidder’s Organization

Provide here a brief (maximum 10 pages) description of the background and organization Name of Bidder / Agency: Address of Registered Office of Bidder: Year of Establishment: Contact Person with Contact Details: Annual Turnover* in last three years (in Lakhs) FY 2017- 18, FY 2016-17: FY 2015-16:: *Audited Statements to be enclosed Audited Net worth as on 31.03.2018 (Positive/ Negative): Experience in Similar Assignment: • Number of years: • Total assignments: • Assignment completed in last 10 years: • Similar Assignments (TEFR for Integrated Steel Plant) in last 10 years: Any Award or Felicitation received by your Agency Any Other

2. Bidder’s Experience

Assignment Name : Country: Name of Client Firm/Entity: No. of Site professionals: Address: No. of Site Professionals-Months: Duration of Assignment Start Date Completion Date Value of Services (in Indian Rupee): (Month / Year) (Month / Year) Name of Associated Consultants, If Any: No. of Months of Professionals; Provided by Associated Consultants Name of Senior Staff (Project Director/Coordinator, Team Leader) Involved and Functions Performed: Narrative Description of project: Description of Actual Services * Provided by Your Site Professionals: * (Completion Certificate from Employer regarding experience should be furnished)

Firm’s Name: Signature of Authorized Representative: Note: • Summary table of all the experiences to be furnished additionally. • Relevant documents (Work Order, Completion Certificate, etc.) to be attached.

ANNEXURE-3: Letter of Offer

RSCL/PROJ/TEFR/1, dated 15.02.2019

From

------Dt. ------

To The Chairman & Managing Director Rayalaseema Steel Corporation Limited, 294/ 1D, Tadigadapa to Enikepadu 100 ft. Road, Kanuru Village, Penamaluru Mandal , Vijayawada - 521137 .

Dear Sir,

I/We hereby submit our offer for Preparation of Techno-Economic Feasibility Report for Integrated project for Steel Plant as detailed in the tender schedule hereto and agree to hold this offer valid for a period of 60 days from last date of submission.

We are submitting our Proposal in individual capacity. We hereby declare that all the information and statements made in this Proposal are true and accept that any misinterpretation contained in it may lead to our disqualification.

I/We have carefully followed the tender documents and understood the instructions and terms and conditions contained in all the Annexures and I/We have made such investigation of the work required to be taken up as to enable me/us to thoroughly understand the intention of the same and requirements/covenants, installations and restrictions contained in the tender.

The following pages have been added to and form part of this tender ______.

Yours faithfully,

(Signature of the Bidder with seal)

Witness:

ANNEXURE 4: Price Bid Format Reference Price Bid format under Tender No: RSCL/PROJ/TEFR/1 dated 15.02.2019

(To be submitted online only (through AP E-Procurement portal) - No physical submission of price bid) Name of Bidder:

Item Price (Exclusive of GST) INR ______(in figures) 1 The lump sum fee for the whole scope of work INR ______(in words)

Note: • The above price includes all Out of the pocket expenses (OPEs) including any travel/lodging related expenses for any meeting at APMDC office. • The above price excludes GST, but shall include all other applicable taxes. . Note: 1. The scanned PDF copy of the duly filled in Financial Bid Format needs to be uploaded online on the e- procurement portal and the Total Contract Value (in figures) has to be entered in the relevant field in the portal. 2. The Commercial Bid should not be submitted offline or uploaded along with the Technical Bid documents. Non-adherence to this could lead to dis-qualification.

(Signature of Authorized Signatory with Seal)

DATE:

Ph No.

ANNEXURE 5: Performance Bank Guarantee

PROFORMA FOR BANK GUARANTEE

To The Chairman & Managing Director Rayalaseema Steel Corporation Limited, Door No. 294/1D, Tadigadapa to Enikepadu 100 feet Road, Kanuru, Vijayawada – 521137

Dear Sirs,

1. In consideration of M/s Rayalaseema Steel Corporation Limited (hereinafter also referred to as 'corporation'), having its Registered Office at Door No. 294/1D , 100 feet Road (Tadigadapa to Enikepadu Road), Kanuru, Vijayawada – 521137, India (hereinafter referred to as the 'Corporation') which expression shall unless repugnant to the context or meaning thereof, including all its successors, and Administrators, and Executors and having entered into a contract dt. ……………, with M/s …………… (hereinafter referred to as 'Agency' or ‘Contractor’ which expression unless repugnant to the context or meaning thereof, shall include all the Successors, Administrators, Executors and Assigns), for “Preparation of Techno-Economic Feasibility Report (TEFR) for Integrated Steel Plant project” and the Corporation having agreed that the Agency shall furnish to the Corporation an irrevocable and unconditional Performance Bank Guarantee for the faithful performance of the entire contract to the extent of Rs. ……………… (Rupees ……. only).

We ……………… (name of the Bank with address) …………….. (hereinafter referred to as 'BANK' which expression shall unless repugnant to the context or meaning thereof, include all its successors, Administrators, Executors and Assigns) do hereby Guarantee and undertake to pay immediately on first demand in writing Rs ……………………………………lakhs in aggregate at any time without any demur, reservation, recourse, contest, or protests, and/or without any reference to the Agency. Any such demand made by Corporation on the Bank in respect of this Performance Bank Guarantee shall be conclusive and binding notwithstanding any differences between the Corporation and the Agency or any dispute pending before any Court, Tribunal, Arbitrator or any other Authority. We agree that Guarantee herein contained shall be unconditional and irrevocable and shall continue to be enforceable till it is discharged by the Corporation in writing.

2. The Corporation 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 for performance of the contract. The Corporation shall have fullest liberty without affecting this Guarantee to postpone, from time to time, the exercise of power vested in them or of any right which they might have against the Agency and to exercise the same at any time in any manner, and either to enforce, or forbear to enforce, any covenants contained or implied in the contract between the Corporation and the Agency or any other course or remedy or Security available to the Corporation. The Bank shall not be relieved of its obligations under these presents by exercise by the Corporation of its liberty with reference to matters aforesaid or any of them or by any reason of any other Act or forbearance or any other Acts of omissions or commissions on the part of the Corporation or any 29

other indulgence shown by the Corporation or any other matter or thing whatsoever, which under Law would, but for this provision have the effect of relieving the Bank.

3. The Bank also agrees that the Corporation at its option shall be entitled to enforce this Guarantee against the Bank as a Principle Debtor, in the first instance, without proceeding against the agency and notwithstanding any Security or other Guarantee that the Corporation may have in relation to the agency's liabilities.

4. The Bank further, agrees that the Guarantee herein contained shall remain in full force during the period of the contract and 6 months thereafter.

5. We further agree that as between us and Corporation for the purpose of this Guarantee, any notice given to us by the Corporation that the money is payable by the Agency and any amount claimed in such notice by the Corporation shall be conclusive and binding on us notwithstanding any difference between the Corporation and the Agency, or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We further agree that this Guarantee shall not be affected/ discharged by any change in our constitution or in the constitution of the Corporation or in that of the Agency. We also undertake not to revoke this Guarantee during its currency. This Guarantee shall not be determined, discharged or affected by the liquidation, winding up, dissolution or insolvency of the Agency and shall remain valid binding and operative against the Bank.

6. Notwithstanding anything contained herein above our liability under this

Guarantee is limited to Rs……………Lakhs (Rupees………..only) in aggregate and it shall remain in full force upto and including 6 months after ……. unless extended further, from time to time for such period as may be instructed in writing by M/s Rayalaseema Steel Corporation Limited, Vijayawada on whose behalf this guarantee has been given in which case it shall remain in full force upto and including 6 months after expiry of the extended period. Any claim under this Guarantee must be received by us before the expiry of 6 months from ……..or before the expiry of the 6 months after the expiry of extended period if any. If no such claim has been received by us within the 6 months after the said date/ extended date, the right of the Corporation under the Guarantee will cease. However, if such a claim has been received by us within and upto 6 months after the said date/extended date all the rights of the Corporation under this guarantee shall be valid and shall not cease until we have satisfied that claim.

The Bank also agrees that courts of Vijayawada shall have exclusive jurisdiction.

Dated this ...... day of...... 20__.

Witness: 1. Signature.2.

ANNEXURE-6: Authorization Letter (To be submitted at the time of opening of the tender)

No. ……………………………………………………………………………………..

The Chairman & Managing Director Rayalaseema Steel Corporation Limited, 294/ 1D, Tadigadapa to Enikepadu 100 ft. Road, Kanuru Village, Penamaluru Mandal , Vijayawada - 521137

Sub: Tender No. RSCL/PROJ/TEFR/1, dated 15.02.2019.

Sir,

Shri. ………………………………………. has been authorized to be present at the time of opening of the above tender due at 15.00 Hrs (IST) on 26.03.2019 at the Registered Office of the Corporation on my/our behalf.

Yours faithfully,

(Signature of the Tenderer with seal)

Copy to: Shri………………………………………………………………… for information and production before the tender opening officers at the time of opening of the tenders.

ANNEXURE 7: Format for Power of Attorney for Authorized signatory

Know all men by these presents, We, ______(name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr. / Ms. (Name), son/daughter/wife of ______and presently residing at______, who is [presently employed with us/ the Lead Member of our Consortium and holding the position of ______, as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our bid for Preparation of Techno-Economic Feasibility Report ( TEFR) for Integrated Steel Plant Project for Rayalaseema Steel Corporation Limited (RSCL) (the “Authority”) including but not limited to signing and submission of all applications, bids and other documents and writings, participate in bidders' and other conferences and providing information / responses to RSCL, representing us in all matters before RSCL, signing and execution of contracts and undertakings consequent to acceptance of our bid, and generally dealing with RSCL in all matters in connection with or relating to or arising out of our bid for the said TEFR and/or upon award thereof to us and/or till the entering into of the Contract Agreement with RSCL.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, ______, THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ______DAY OF ______, 2019. For______

(Signature)

(Name, Title and Address) Witnesses: 1.

Accepted [Notarized]

(Signature)

(Name, Title and Address of the Attorney)

Notes:

The mode of execution of the Power of Attorney should be in accordance with the procedure, if any, laid down by the applicable law and the charter documents of the executant(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

Also, wherever required, the Bidder should submit for verification the extract of the charter documents and documents such as a resolution/power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Bidder.

ANNEXURE 8: Format for Power of Attorney for Lead Member of Consortium

Whereas the Rayalaseema Steel Corporation Limited. (“RSCL”) has invited bids from parties for the Preparation of Techno-Economic Feasibility Report for Integrated Steel Plant Project (“the Project”).

Whereas, ______and ______(collectively the “Consortium”) being Members of the Consortium are interested in bidding for the Project in accordance with the terms and conditions of the Request for Proposal and other connected documents in respect of the Project, and

Whereas, it is necessary for the Members of the Consortium to designate one of them as the Lead Member with all necessary power and authority to do for and on behalf of the Consortium, all acts, deeds and things as may be necessary in connection with the Consortium’s bid for the Project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, ______having our registered office at ______, and M/s. ______, having our registered office at_, [the respective names and addresses of the registered office] (hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate, nominate, constitute, appoint and authorize M/s ______, having its registered office at ______, being one of the Members of the Consortium, as the Lead Member and true and lawful attorney of the Consortium (hereinafter referred to as the “Attorney”) and hereby irrevocably authorize the Attorney (with power to sub-delegate) to conduct all business for and on behalf of the Consortium and any one of us during the bidding process and, in the event the Consortium is awarded the Project, during the execution of the Project, and in this regard, to do on our behalf and on behalf of the Consortium, all or any of such acts, deeds or things as are necessary or required or incidental to the submission of its bid for the Project, including but not limited to signing and submission of all applications, bids and other documents and writings, participate in bidders’ and other conferences, respond to queries, submit information/ documents, sign and execute contracts and Undertakings consequent to acceptance of the bid of the Consortium and generally to represent the Consortium in all its dealings with RSCL, and/ or any other Government Agency or any person, in all matters in connection with or relating to or arising out of the consortium’s bid for the Project and/ or upon award thereof.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us/ Consortium. N WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ______DAY OF ______20.

For ______

(Name & Title)

For ______

(Name & Title)

Witnesses:

(Executants)

(To be executed by all the Members of the Consortium)

Notes:

Also, wherever required, the Applicant should submit for verification the extract of the charter documents and documents such as a resolution/ power of attorney in favour of the person executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant.

ANNEXURE 9: Format for Consortium Agreement (To be executed on Stamp paper of appropriate value)

THIS CONSORTIUM AGREEMENT is entered into on this the ………… day of ………, 20....…

AMONGST

1. {………… Limited, a company incorporated under the Companies Act, 1956} and having its registered office at ………… (hereinafter referred to as the “First Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

AND

2. {………… Limited, a company incorporated under the Companies Act, 1956} and having its registered office at ………… (Hereinafter referred to as the “Second Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

The above mentioned parties of the FIRST, and SECOND PARTY are collectively referred to as the “Parties” and each is individually referred to as a “Party”

WHEREAS

(A) Rayalaseema Steel Corporation Limited, established under Companies Act, 2015, represented by its Chairman & Managing Director, and having its principal office at 294/1D, 100 feet Road (Tadigadapa to Enikepadu Road), Kanuru, Vijayawada – 521137 (hereinafter referred to as the “Authority” which expression shall, unless repugnant to the context or meaning thereof, include its administrators, successors and assigns) has invited Bids (the Bids”) by its Request for Proposal No. ………… dated ………… (The “RFP”) for selection of bidders for Preparation of Techno-Economic Feasibility Report for Integrated Steel Plant Project (the “Project”).

(B) The Parties are interested in jointly bidding for the Project as members of a Consortium and in accordance with the terms and conditions of the RFP document and other bid documents in respect of the Project, and

(C) It is a necessary condition under the RFP document that the members of the Consortium shall enter into a Consortium Agreement and furnish a copy thereof with the Bid.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In Consortium Agreement, the capitalized terms shall, unless the context otherwise requires, have the meaning ascribed thereto under the RFP.

2. Consortium

2.1 The Parties do hereby irrevocably constitute a consortium (the “Consortium”) for the purposes of jointly participating in the Bidding Process for the Project.

2.2 The Parties hereby undertake to participate in the Bidding Process only through this Consortium and not individually and/ or through any other consortium constituted for this Project, either directly or indirectly or through any of their Associates.

3. Covenants

The Parties hereby undertake that in the event the Consortium is declared the selected Bidder and awarded the Project, it shall enter into an Agreement with RSCL as per the terms of RFP and perform all its obligations in terms of the Agreement for the Project.

4. Role of the Parties

The Parties hereby undertake to perform the roles and responsibilities as described below:

(a) Party of the First Part shall be the Lead member of the Consortium and shall have the power of attorney from all Parties for conducting all business for and on behalf of the Consortium during the Bidding Process and until the Appointed Date under the Consortium Agreement when all the obligations of the Consortium shall become effective;

(b) Party of the Second Part shall be the Technical Member of the Consortium

Scope Matrix

Section of the Scope of Work, which the consortium member S.No Consortium Member will take up

1 Lead Member

2 Consortium Member - 2

5. Joint and Several Liability

The Parties do hereby undertake to be jointly and severally responsible for all obligations and liabilities relating to the Project and in accordance with the terms of the RFP and the Agreement, till such time as the completion of the Project is achieved under and in accordance with the Agreement.

6. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:

(a) Such Party is duly organised, validly existing and in good standing under the laws of its incorporation and has all requisite power and authority to enter into this Agreement;

(b) The execution, delivery and performance by such Party of this Agreement has been authorized by all necessary and appropriate corporate or governmental action and a copy of the extract of the charter documents and board resolution/ power of attorney in favour of the person executing this Agreement 37

for the delegation of power and authority to execute this Agreement on behalf of the Consortium Member is annexed to this Agreement, and will not, to the best of its knowledge:

(i) require any consent or approval not already obtained;

(ii) violate any Applicable Law presently in effect and having applicability to it;

(iii) violate the memorandum and articles of association, by-laws or other applicable organisational documents thereof;

(iv) violate any clearance, permit, concession, grant, license or other governmental authorisation, approval, judgement, order or decree or any mortgage agreement, indenture or any other instrument to which such Party is a party or by which such Party or any of its properties or assets are bound or that is otherwise applicable to such Party; or

(v) create or impose any liens, mortgages, pledges, claims, security interests, charges or encumbrances or obligations to create a lien, charge, pledge, security interest, encumbrances or mortgage in or on the property of such Party, except for encumbrances that would not, individually or in the aggregate, have a material adverse effect on the financial condition or prospects or business of such Party so as to prevent such Party from fulfilling its obligations under this Agreement;

(c) This Agreement is the legal and binding obligation of such Party, enforceable in accordance with its terms against it; and

(d) There is no litigation pending or, to the best of such Party's knowledge, threatened to which it or any of its Affiliates is a party that presently affects or which would have a material adverse effect on the financial condition or prospects or business of such Party in the fulfillment of its obligations under this Agreement.

7. Termination

Consortium Agreement shall be effective from the date hereof and shall continue in full force and effect until the Submission and Acceptance of the Deliverables, in case the Contract is awarded to the Consortium. However, in case the Consortium is either not qualified for the Tender or does not get selected for award of the Contract, the Agreement will stand terminated in case the Bidder is not qualified or upon return of the Bid Security by RSCL to the Bidder, as the case may be.

8 Miscellaneous

8.1 This Consortium Agreement shall be governed by laws of India.

8.2 The Parties acknowledge and accept that Agreement shall not be amended by the Parties without the prior written consent of RSCL.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED CONSORTIUM AS OF THE DATE FIRST ABOVE WRITTEN.

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of For and on behalf of

LEAD MEMBER by: SECOND PART by:

(Signature) (Signature)

(Name) (Name)

(Designation) (Designation)

(Address) (Address)

In the presence of:

Notes:

1. The mode of the execution of the Consortium Agreement should be in accordance with the procedure, if any, laid down by the Applicable Law and the charter documents of the executant(s) and when it is so required, the same should be under common seal affixed in accordance with the required procedure.

2. Each Consortium Agreement should attach a copy of the extract of the charter documents and documents such as resolution / power of attorney in favour of the person executing Consortium Agreement for the delegation of power and authority to execute Consortium Agreement on behalf of the Consortium Member.

ANNEXURE-10: Format for Queries

Clause ref Suggested Text Rationale for S. Existing Clarification no. and for Amendment, if Clarification or No. Provision Required Page no. any Amendment 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.