THE ANDHRA PRADESH MINERAL DEVELOPMENT CORPORATION LIMITED
(A STATE GOVERNMENT OF ANDHRA PRADESH UNDERTAKING)
BIDDING DOCUMENTS (Through the website of AP E-PROCUREMENT) for PLANNING, ENGINEERING, FINANCING, CONSTRUCTION, DEVELOPMENT, OPERATION AND MAINTENANCE OF BRAHMADIHA COAL MINE, STATE OF JHARKHAND, INDIA
REQUEST FOR PROPOSAL
DOCUMENT NO: APMDC/HO/COAL/BRAHMADIHA/MDO/2020-21/ dated ____
(This Document is meant for the exclusive purpose of submitting Proposal for Selection of Mine Developer Cum Operator (MDO) for the Planning, Engineering, Financing, Construction, Development, Operation and Maintenance of Brahmadiha Coal Mine and shall not be transferred, reproduced or otherwise used for purposes other than that for which it is specifically issued without the written permission of The Andhra Pradesh Mineral Development Corporation Limited)
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The Andhra Pradesh Mineral Development Corporation Limited Corporate Office: Door No. 294/1D, 100 feet Road (Tadigadapa to Enikepadu Road), Kanuru, Vijayawada – 521137, Andhra Pradesh, India Tel: +91-866-2429999 Fax: +91-866-2429977 Email: [email protected] website: http://www.apmdc.ap.gov.in/
RFP NOTIFICATION XX.XX.2021
REQUEST FOR PROPOSAL FOR PLANNING, ENGINEERING, FINANCING, CONSTRUCTION, DEVELOPMENT, OPERATION AND MAINTENANCE OF BRAHMADIHA COAL MINE
APMDC invites proposals from experienced mine developer and operators and mining contractors for planning, engineering, financing, construction, development, operation and maintenance of the Brahmadiha Coal Mine (opencast) located in Jharkhand, with a peak rated capacity of 0.15 Mtpa.
The executive summary of the bidding process shall be available on the website of AP E- PROCUREMENT Ltd. (www.tender.apeprocurement.gov.in) and websites of APMDC (www.apmdc.ap.gov.in), from ______. The bidding documents (RPF No APMDC/HO/COAL/BRAHMADIHA/MDO/2020-21/ can be downloaded from the website of AP E-PROCUREMENT Ltd. after registration on the AP E-PROCUREMENT website and payment of the bid document cost of Rs. 5,00,000/- [Rupees Five Lakhs Only, excluding GST] from ______.
The last date for submission of proposals is 15:00 hrs IST on ______. Any further communications, amendments etc. shall only be uploaded on the above website of AP e- procurement and the website of APMDC and there will be no newspaper notification/advertisement in this regard. APMDC reserves the right to cancel/ reschedule/ extend the tender or reject any or all bids without assigning any reasons whatsoever at any stage.
Nodal officer for this bidding process: Sri R. Kedarnath Reddy, APMDC, Email: [email protected], Phone: +91-866-2429999; Fax: +91- 866-2429977.
Sd/- Vice Chairman and Managing Director The A.P. Mineral Development Corporation Limited
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SCHEDULE OF BIDDING PROCESS
Sl. No. Event Tentative Schedule 1 Publication of advertisement in newspapers 2 Availability of an Executive Summary (free of cost) on the internet on the following websites: i) AP E-PROCUREMENT (www.tender.apeprocurement.gov.in)
ii) APMDC (www.apmdc.ap.gov.in) 3 Start of registration of Bidders on AP E- PROCUREMENT website 4 Start of receipt of Bid Document Cost and download of bid documents 5 Pre-Bid conference Not Applicable*
6 Site visit
7 Demo of e-tendering submission on the AP E- PROCUREMENT website 8 Start date for submission of Technical Bid and Initial Offer on AP E-PROCUREMENT website and physical submission of the original documents related to Proposal submission 9 Last date for registration and receipt of bid document cost
10 Last date for downloading the Bidding Documents
11 Last date for submission of Technical Bid and Initial Offer on AP E-PROCUREMENT website 12 Last date for physical submission of the original documents related to Proposal submission
13 Opening of Technical Bids (on the AP E-PROCUREMENT website) 14 Opening of envelopes submitted by bidders - containing the original documents related to Proposal submission (in presence of bidders who choose to attend) 15 Announcement of Qualified bidders and intimation To be communicated later to the Qualified Bidders by email
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16 Opening of Initial Offers To be communicated later
17 Declaration of floor ceiling for e-auction to the To be communicated later Qualified bidders 18 Forward auction process To be communicated later
19 Display of comparative statement To be communicated later
20 Issue of LOA To be communicated later
21 Signing of Agreement To be communicated later
Note: • APMDC may change the above bidding schedule at its discretion with appropriate intimation. • In case any of the dates fall on a holiday, the date will automatically shift to the next working day • *The Bidding documents has been submitted for Judicial preview in the official website of Judge Judicial Preview i.e. www.judicialpreview.ap.gov.in, where the interested bidders have option to offer comments.. As per the guidelines, for such tenders the pre-bid meeting will not be arranged
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DATA SHEET
Sl. Particular Remarks No. 1 Representative/ Contact Person/ Sri R. Kedarnath Reddy, General Manager Nodal Officer and Address of (Mining) Communication Door No. 294/1D, 100 feet Road (Tadigadapa to Enikepadu Road), Kanuru, Vijayawada – 521137, Andhra Pradesh, India Tel: +91-866-2429999 / Fax: +91-866-2429977 Email id: [email protected] 2 Type of Proposal Two Stage: 1. Technical Bid & Initial Offer 2. Forward Auction 3 Validity of Proposal Six (6) months from the date of opening of Technical Bid 4 Submission time and date of As per “Schedule of Bidding Process” Proposal (Technical Bid and Initial Offer) 5 Opening time and date of Technical As per “Schedule of Bidding Process” Bid 6 Opening time and date of Price As per “Schedule of Bidding Process” Proposal 7 Forward auction Date As per “Schedule of Bidding Process” 8 Bid Document Cost Rs, 5,00,000/- (Indian Rupees Five lakhs Only) along with GST at the rate of 18% {Total Rs 5,90,000/- (Rupees Five lakhs Ninety Thousand only)} 9 Amount of Earnest Money Deposit Rs. 1,00,00,000/- (to be furnished by Bidders during (Indian Rupees One Crore only) Proposal submission) 10 Address of e-auction portal www.tender.apeprocurement.gov.in 11 RFP No. APMDC/HO/COAL/BRAHMADIHA/MDO/202 0-21/
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BIDDER MAY TAKE NOTE OF THE FOLLOWING POINTS WHILE SUBMITTING ITS PROPOSAL
• BIDDERS ARE REQUIRED TO FURNISH REQUISITE DETAILS IN THE FORMATS SPECIFIED IN THE BIDDING DOCUMENTS FOR MEETING THE STIPULATED QUALIFYING REQUIREMENTS (QR) ALONG WITH ALL SUPPORTING DOCUMENTS LIKE CERTIFICATES FROM STATUTORY AUDITOR, COPIES OF CLIENT'S CERTIFICATES, WORK ORDER AND CONTRACT AGREEMENTS ETC.
• IN CASE OF EXTENSION OF TECHNICAL BID OPENING DATE, BIDDER TO FURNISH AUDITED ANNUAL REPORTS ALONG WITH ITS PROPOSAL AS PER EXTENDED DATE OF TECHNICAL BID OPENING TO MEET THE STIPULATED FINANCIAL CRITERIA.
• POWER OF ATTORNEY DULY NOTARIZED BY A NOTARY PUBLIC INDICATING THAT THE PERSON(S) SIGNING THE PROPOSAL HAS/ HAVE THE AUTHORITY TO SIGN THE PROPOSAL AND THE PROPOSAL IS BINDING UPON THE BIDDER DURING THE FULL PERIOD OF ITS VALIDITY WITH SUPPORTING DOCUMENTARY EVIDENCE SUCH AS A COPY OF BOARD RESOLUTION/ OTHER RELEVANT DOCUMENTS TO DEMONSTRATE THE AUTHORITY OF THE PERSON ISSUING THE POWER OF ATTORNEY TO BE FURNISHED OFFLINE IN SEPARATE SEALED ENVELOPE PRIOR TO THE SCHEDLUED DATE AND TIME OF SUBMISSION AND OPENING OF TECHNICAL BID.
• POWER OF ATTORNEY TO THE AUTHORISED SIGNATORY OF THE BIDDER FOR SIGNING OF PROPOSAL, JOINT OPERATING AGREEMENT/ CONSORTIUM OPERATING AGREEMENT ETC., WHEREVER APPLICABLE, TO BE SUBMITTED ALONG WITH PROPOSAL AND SHOULD BE DATED NOT LATER THAN THE DATE OF SIGNING THE PROPOSAL.
• BIDDER TO ENSURE THAT EMD, INTEGRITY PACT, CONSORTIUM OPERATING AGREEMENT/ JOINT OPERATING AGREEMENT PACT TO BE SUBMITTED [OFFLINE IN SEPARATE SEALED ENVELOPE PRIOR TO THE SCHEDLUED DATE AND TIME OF SUBMISSION AND OPENING OF TECHNICAL BID] IN ORIGINAL STRICTLY AS PER SPECIFIED FORMATS DULY SIGNED IN ORIGINAL BY AUTHORIZED SIGNATORY AND STAMPED ON EACH PAGE.
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Table of Contents Table of Contents _Toc65840349 SCHEDULE OF BIDDING PROCESS ...... 3 DATA SHEET ...... 5 1. Disclaimer ...... 8 2. List of Abbreviations...... 10 3. Definitions and Rules of Construction ...... 12 4. Introduction & Background ...... 19 5. Technical Requirements from the bidder ...... 22 6. Description of Selection Process/ Bidding Process ...... 27 7. Qualifying Requirements ...... 32 8. Contents of the Technical Bid ...... 38 9. Technical Details with respect to Auction ...... 42 10. Calculation of Evaluated Mining Fee and Initial Offer ...... 46 11. Test of responsiveness ...... 47 12. Information to Bidders ...... 48 13. Forward Auction ...... 58 14. Instructions on e-tendering and Forward auction on AP E-PROCUREMENT website .. 62
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1. Disclaimer
1.1. This Request for Proposal document ("RFP") is not an Agreement or an offer by APMDC to Bidders or any third party. The purpose of this RFP is to provide interested parties with information to facilitate the formulation of their Proposal.
1.2. This RFP does not purport to contain all the information each Bidder may require. This RFP may not be appropriate for all persons, and it is not possible for APMDC to consider the particular needs of each party who reads or uses this RFP. The concerned parties should conduct their own investigations and analysis and should verify the accuracy, reliability and completeness of the information in this RFP and obtain independent advice from appropriate sources.
1.3. Neither APMDC nor its employees or its consultants make any representation or warranty as to the accuracy, reliability or completeness of the information in this RFP.
1.4. Neither APMDC nor its employees or consultants shall have any liability to any Bidder or any other person under the law of contract, tort, the principles of restitution or unjust enrichment or otherwise for any loss, expense or damage which may arise from or be incurred or suffered in connection with this RFP, or any matter deemed to form part of this RFP, the award of the work, or the information and any other information supplied by or on behalf of APMDC or its employees, any consultants or otherwise arising in any way from the selection process for the Project.
1.5. The Bidder should confirm that the RFP is complete in all respects. In the event that the RFP or any part thereof is mutilated or missing, the Bidder must notify APMDC immediately at the following address:
Sri R. Kedarnath Reddy Door No. 294/1D, 100 feet Road (Tadigadapa to Enikepadu Road), Kanuru, Vijayawada – 521137, Andhra Pradesh, India Tel: +91-866-2429999 / Fax: +91-866-2429977 Email id: [email protected]
1.6. If no intimation is received by APMDC at the above-mentioned address within 7 (seven) days from the date of issue of the RFP, it shall be considered that the RFP received by the Bidder is complete in all respects and that the Bidder is fully satisfied with the RFP.
1.7. No extension of time shall be granted to any Bidder for submission of its Bid on the ground that the Bidder did not obtain a complete set of the RFP.
1.8. This RFP and the information contained herein are strictly confidential and privileged and are for the exclusive use of the party to whom it is issued or its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company or the Consortium Members. This RFP must not be copied or distributed by the recipient to third parties (other than, to the extent required by applicable law or in confidence to the recipient’s professional advisors, provided that such advisors are bound by confidentiality restrictions at least as strict as those contained in this RFP. In the event that after the issue of the RFP, the recipient does not continue with its involvement in the Bidding Process for any reason whatsoever, this RFP and the information contained herein must be kept confidential by such party, its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company, Consortium Members and professional advisors at all times.
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1.9. APMDC reserves the right to change, modify, add or alter the RFP at any time during the Bidding Process. All parties to whom this RFP has been issued shall be intimated of any such change. The Bidders or Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company or Consortium Members or any third party shall not object to such changes/modifications/additions/alterations explicitly or implicitly. Any such objection by the Bidder or its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company or Consortium Members shall make the Bidder’s proposal liable for rejection by APMDC. Further objection by any third party shall be construed as infringement on confidentiality & privileged rights of APMDC with respect to this RFP.
1.10. APMDC reserves the right in its sole discretion, without any obligation or liability whatsoever, to accept or reject any or all of the Proposals at any stage of the Bidding Process without assigning any reasons. Further APMDC reserves the right to annul the Bidding Process and / or to reject any or all Proposals at any stage prior to the signing of the Agreement without thereby incurring any liability to the affected Bidders or any obligation to inform the affected Bidders of the grounds for APMDC’s action. Decision of APMDC shall be final and binding in this regard.
1.11. The Bidder or its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company or Consortium Members shall not make any public announcements with respect to the Bidding Process or this RFP. Any public announcements to be made with respect to the Bidding Process or this RFP shall be made exclusively by APMDC. Any breach by the Bidder of this clause shall be deemed to be non-compliance with the terms and conditions of this RFP and shall render the Proposal liable for rejection. APMDC's decision in this regard shall be final and binding on the Bidder.
1.12. It is clarified that the provisions of clauses 1.8, 1.9 and 1.11 shall not apply to information relating to this RFP already available in the public domain prior to the issue of this RFP.
1.13. The Bidder shall bear all costs associated with the preparation and submission of all the Proposals and communications in furtherance to this. APMDC and their consultants shall not, under any circumstances, be responsible or liable for any such costs.
1.14. By responding to this RFP, the Bidder shall be deemed to have confirmed that Bidder has fully satisfied and has understood the terms and conditions of this RFP. The Bidder hereby expressly waives any and all claims in respect thereof.
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2. List of Abbreviations
A.P. Andhra Pradesh
APMDC The Andhra Pradesh Mineral Development Corporation Limited
BCM/ bcm Bank Cubic Meters
BH Bore Hole
BIS or IS Bureau of Indian Standards
CBA Coal Bearing Areas (Acquisition and Development) Act, 1957
CERC Central Electricity Regulatory Commission
CHP Coal Handling Plant or Coal Handling and segregation arrangements CMDPA Coal Mines Development and Production Agreement
CMPF Coal Mines Provident Fund
COA Consortium Operating Agreement
CPI (IW) Consumer Price Index (Industrial Workers)
CSR Corporate Social Responsibility
Cum/ cum Cubic Meters
DMF District Mineral Fund
DFO District Forest Officer
DGMS Directorate General of Mine Safety
EC Environment Clearance
ED Excise Duty
EIA Environment Impact Assessment
EMP Environment Management Plan
ESI Employee’s State Insurance
ETP Effluent Treatment Plant
FC Forest Clearance
FY Financial Year
GCV Gross Calorific Value
HEMM Heavy Earth Moving Machinery
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HR Human Resource
ICAI Institute of Chartered Accountants of India
INR Indian Rupee / legal tender currency of India
KYC Know Your Customer
MDO Mine Developer and Operator
MIS Management Information Systems Ministry of Environment, Forest and Climate Change, Government MoEF of India e-auction Portal AP e procurement; www.tender.apeprocurement.gov.in e-auction Portal email [email protected]
Mt Million (Metric) Ton
MTPA or Mtpa Million Ton (Metric) Per Annum
MTPH Metric Ton Per Hour
OB Over Burden
OEM Original Equipment Manufacturer
OMS Output per Man Shift
PCB Pollution Control Board
PESO Petroleum and Explosives Safety Organization
RBI Reserve Bank of India
RFP Request for Proposal
R&R Rehabilitation and Resettlement
RP Representative Price
RR Railway Receipt
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3. Definitions and Rules of Construction
3.1 Definitions
Unless defined otherwise, the following terms wherever used in this RFP Document shall have the following meanings:
3.1.1 “Agreement" means the agreement to be entered between APMDC and the Selected Bidder pursuant to the Bidding Process, for execution of the Project;
3.1.2 “Allotment Agreement” or “CMDPA” means the Coal Mine Development and Production Agreement for Brahmadiha Coal Mine Agreement (vide certificate number IN- DL24738218658719S signed on 11th January.2021 between APMDC and President of India acting through the Central Government represented by the Nominated Authority.
3.1.3 “ Vesting Order” shall have the meaning as set forth in the Coal Act and the Coal Rules which has been issued by the Nominated Authority to APMDC vide Order No. NA-104/13/2020-NA (Brahmadiha Coal Mine) dated 02nd March 2021.
3.1.4 “APMDC” means the Andhra Pradesh Mineral Development Corporation Limited (a Government of Andhra Pradesh Undertaking) and shall include its legal representatives, successors, administrators and permitted assigns.
3.1.5 “Applicable Laws” means any law, legislation, statute, rule, directive, ordinance, notification, exemption, regulation, judgements/ orders of a competent court, tribunal, regulatory bodies and quasi-judicial body or any interpretation thereof enacted, issued, or promulgated by any Government Authority and applicable to either APMDC or to the Bidders in relation to this RFP from time to time.
3.1.6 "Authorised Representative and Signatory" means the designated person of each Bidder authorized to represent the Bidder in all matters pertaining to its Proposal. The Bidder may appoint maximum 2 (two) “Authorized Signatory (ies)”. These designated persons should hold the Power of Attorney duly authorizing him/ her to perform all tasks including but not limited to sign and submit the Proposal to participate in all stages of the Bidding Process; to conduct correspondence for and on behalf of the Bidder, and to execute the Agreement and any other documents required to give effect to the outcome of the Bidding Process.
3.1.7 “Bidder” shall be either a single corporate entity, incorporated under the Companies Act, 1956 or Companies Act, 2013, as the case may be or a Consortium of up to three corporate entities, who undertake to form a joint venture company incorporated under the applicable Companies Act, 2013, prior to the execution of the Agreement, that has submitted a Proposal in response to this RFP.
3.1.8 "Bidding Document" means documents issued by APMDC vide RFP No APMDC/HO/COAL/BRAHMADIHA/MDO/2020-21/ for selection of Mine Operator (MO) for the planning, engineering, financing, construction, development, operation and maintenance of the Mine, through competitive bidding and shall include any modifications, amendments/corrigenda or alterations or clarification thereto. The documents are as follows:
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a) Notice Inviting Tender;
b) RFP
c) Draft Agreement including any Corrigendum/ clarification(s) issued by APMDC to RFP. Any Corrigendum/ amendment/ clarification(s) issued later shall prevail over the earlier corrigendum/ amendment;
d) Allotment Agreement signed on 11th January 2021 for the Mine
e) Vesting Order vide Order No. NA-104/13/2020-NA (Brahmadiha Coal Mine) dated 02nd March 2021
f) Technical documents including:
i) Mining Plan & Mine Closure Plan along with related drawings as submitted to Ministry of Coal;
ii) Geological Note along with related drawings;
iii) List and details of statutory clearances (received so far and applied for and pending clearance);
iv) Environment Impact Assessment and Environment Management Plan related documents
g) Any Corrigendum (a)/ clarification(s)/Amendment(s) to the Bidding Documents issued by APMDC subsequent to the issue of the Bidding Document will also be considered an integral part of the RFP. Any reference to the RFP in the Agreement shall include such Corrigendum (a) / clarification(s)/Amendment(s).
3.1.9 "Bid Document Cost" shall have the meaning as set out in Clause 14.5 of the RFP.
3.1.10 "Bidding Process" shall mean the process governing the submission and evaluation of the Proposal as set out in Clause 6.1 of the RFP.
3.1.11 CBA Act” shall mean the Coal Bearing Areas (Acquisition and Development) Act, 1957
3.1.12 “Central Government” shall mean the Government of India, acting through the Ministry of Coal.
3.1.13 “CIL” shall mean Coal India Limited (a Government of India undertaking) or any of its subsidiary companies.
3.1.14 “Coal Act” or “CM(SP) Act, 2015” shall mean Coal Mines (Special Provisions) Act, 2015 as amended from time to time.
3.1.15 “Company” or “Corporate Entity” means a company as defined in the Companies Act, 1956 or the Companies Act, 2013, as the case may be and shall include any company incorporated outside India as per the applicable law(s) in the country of its incorporation.
3.1.16 “Commencement Date” means the date of issue of Letter of Award by the APMDC and is the first day of the Development Stage.
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3.1.17 “Commencement Plan” shall have the meaning given to such expression in Clause 5.1 of Allotment Agreement.
3.1.18 “Consortium” shall have the meaning as set forth in the Agreement;
3.1.19 “Consortium Leader” shall have the meaning as set forth in the Agreement;
3.1.20 “Consortium Members” shall have the meaning as set forth in the Agreement;
3.1.21 “Consortium Operating Agreement” or “COA” shall have the meaning ascribed to it at Clause 12.3.
3.1.22 “Contract Performance Guarantee” shall have the meaning ascribed to it at Clause 12.5.
3.1.23 “Contracted Capacity” means peak rated annual production capacity of Mine as per Mining Plan.
3.1.24 “Corrigendum (a)/ Amendment(s)” shall have the meaning given to it in Clause 6.4.
3.1.25 “CMR” means the Coal Mines Regulation 2017 and all subsequent amendments made to the Regulation.
3.1.26 “Earnest Money Deposit (EMD)” shall have the meaning ascribed to it at Clause 12.4.
3.1.27 “Efficiency Parameters” shall have the meaning given to such expression in Clause 10.1 of Allotment Agreement.
3.1.28 “Evaluated Mining Fee” shall have the meaning ascribed to it in Clause 10
3.1.29 “Final Price Offer” at any point of time shall mean the highest price that has been submitted during the Forward auction by a Qualified Bidder who is eligible to participate in the Forward auction;
3.1.30 “Fixed Infrastructure Facilities” shall have the meaning ascribed to it in the Agreement.
3.1.31 “Financial Criteria” shall have the meaning given to it in Clause 7.2.
3.1.32 “Financial Year” or “FY” means the 12 (twelve) month period corresponding to the audited annual accounts of the Bidder.
3.1.33 “Foreign Exchange Rate” means the SBI Bills Selling Rate as on 7 (seven) days prior to date of opening (excluding last date for submission of Initial Offer) for which such exchange rates are published by SBI.
3.1.34 “Fraud Prevention Policy” shall have the meaning ascribed to it in Clause 12.8.
3.1.35 “Good Industry Practices” means at the reference time, the then recognized methods and practices in the mining industry that would reasonably be expected from experienced and competent coal mining operators under conditions comparable to those applicable to the Site.
3.1.36 “Gross Calorific Value” or “GCV” means determination/computation of Gross Calorific Value, as per the relevant provisions of IS 1350 or amendment thereof.
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3.1.37 “Government” means the Government of India or Government of Andhra Pradesh or Government of Jharkhand, as the context requires, or an authorized representative, agency, department of the Government of India or Government of Andhra Pradesh or Government of Jharkhand, as the context requires.
3.1.38 “Government Approval” means any authorization, approval, consent, licence or permit required from any Government Authority.
3.1.39 “Government Authority” means any government authority, statutory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof.
3.1.40 “Host State” means the Indian state where the Mine is situated.
3.1.41 “Initial Offer” shall mean the price offer required to be submitted by a Bidder as part of the Price bid in accordance with Clause 10;
3.1.42 “Integrity Pact” shall have the meaning ascribed to it in Clause 12.9.
3.1.43 “Joint Operating Agreement” shall have the meaning given to it in Clause 12.2.
3.1.44 “H1 Bidder” means the Qualified Bidder who is eligible to participate in the Forward auction and has submitted the highest Final Price Offer at the conclusion of the Forward auction;
3.1.45 “Letter of Award” or “LOA” means the written official intimation by APMDC notifying the Selected Bidder that its Project Proposal has been accepted as per the terms and conditions mentioned therein.
3.1.46 “Mine” or “Coal Mine” shall refer to the Brahmadiha Coal Mine located in Jharkhand allocated to APMDC by the Ministry of Coal, Government of India, vide Vesting order.
3.1.47 “Mine Operator” shall have the meaning given to it in the preamble to Agreement.
3.1.48 “Mining Plan” means the mining plan to be approved by Ministry of Coal, Government of India for the Mine.
3.1.49 “Mining Fee” means mining fee determined as per the bid quoted by the selected Bidder. The payment by APMDC to the Mine Operator for the due performance by the Mine Operator of the Mining Services shall be based on Total Mining Fee as per the provisions of Schedule 9 of the Agreement.
3.1.50 “Mining Lease” shall mean the lease granted, or deemed to have been granted, by the Government to APMDC under Applicable Laws for the purpose of developing/ undertaking coal mining and related activities.
3.1.51 “Mining Services” shall mean the mining and related services to be provided by the Mine Operator in accordance with the Agreement
3.1.52 “AP E-PROCUREMENT website” shall mean (www.tender.apeprocurement.gov.in).
3.1.53 “Nominated Authority” shall mean the authority appointed under Section 6 of the Coal Mines Page 15 of 66
(Special Provisions) Act 2015 for the Mine, Giridih District, Jharkhand, India
3.1.54 “Non-host State” means any Indian state other than the state of Jharkhand.
3.1.55 “Performance Guarantee” shall have the meaning ascribed to in Clause 12.5.
3.1.56 “Person” includes any individual, corporation, partnership, joint venture, trust, unincorporated organization or government (or any agency or political subdivision thereof).
3.1.57 “Price bid” means Initial Offer submitted by the Bidder, in accordance with the terms and conditions of this RFP.
3.1.58 “Production Start Date” shall mean the day of Grant of Mine Opening permission, which is immediately following the last day of the Development Stage or a day mutually agreed by the Mine Operator and APMDC; whichever is earlier.
3.1.59 “Pre-Bid/ Pre-Bid Conference” means the pre bid meeting as per the schedule indicated in the Schedule of Bidding Process here-of.
3.1.60 “Project” refers to the planning, engineering, financing, construction, development, operation and maintenance of the Mine and shall include all such works and services as detailed in the RFP.
3.1.61 “Proposal” shall mean the documents submitted by a Bidder pursuant to this RFP, including the Technical Bid along with any additional information/clarifications required/ sought by APMDC and the Initial Offer. The Proposal shall be strictly in the formats provided by APMDC.
3.1.62 “Project Proposal Validity Period” shall have the meaning ascribed to it at Clause 12.6.
3.1.63 “Technically Qualified Bidder” shall mean the Bidder whose Technical Bid is Authorized by APMDC and found to be:
a) responsive; and
b) meets the Technical and Financial Criteria,
to the satisfaction of APMDC as per terms and condition of this RFP and is shortlisted for opening of their Price bid.
3.1.64 “Qualified Bidder” Technically qualified bidder which have been shortlisted as per clause 6.2.
3.1.65 “RBI Reference Rate” shall mean the RBI Reference Rate published on the RBI website (https://www.rbi.org.in/home.aspx).
3.1.66 “Forward auction” shall have the meaning ascribed to in Chapter 13.
3.1.67 “Rolling Annual Production Plan” shall have the meaning ascribed to it in the Agreement.
3.1.68 “Representative Price” shall have the meaning ascribed to it in the CMDPA.
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3.1.69 “Coal Rules” shall have The Coal Mines (Special Provisions) Rules, 2014.
3.1.70 “Selected Bidder” means the Bidder selected pursuant to terms and condition of RFP and Agreement through Bidding Process.
3.1.71 “Site” means the whole of the land described in Schedule 1 of the Agreement and includes any additional parcels or areas of land used from time to time in conjunction with that land.
3.1.72 “Stripping Ratio” or “Strip Ratio” means the estimated ratio of bank overburden (measured in cubic meters) to coal (measured in tonnes) excavated from the site by the mining operator.
3.1.73 “Technical Criteria” shall have the meaning given to it in Clause 7.1;
3.1.74 “Technical Bid” means the Proposal submitted by the Bidder in accordance with Clause 8.
3.1.75 “Tonne” or “Ton” or “tonne” means 1000 (thousand) kilogram as defined in Standards of Weights and Measures Act, 1976 (including rules and regulations framed under the said act, policies and amendments from time to time as notified by Government of India).
3.1.76 “Year” mean a period of 365 or 366 days (in leap years), in the Gregorian calendar, divided into 12 calendar months.
3.2 Rules of Construction
3.2.1 a reference to singular includes the plural and vice-versa where the context so requires;
3.2.2 a reference to any legislation or legislative provision includes any statutory modification or re- enactment of, or legislative provision substituted for, and any subordinated legislation issued under, that legislation or legislative provision;
3.2.3 the metric system of measurement shall be used for the purpose of the Agreement;
3.2.4 headings do not affect the interpretation of this RFP;
3.2.5 a reference to any person includes that person’s executors, administrators, substitutes, successors and permitted assigns;
3.2.6 a reference to a day, month or year is relevant to a day, month or year in accordance with the Gregorian calendar; unless otherwise specified in this RFP;
3.2.7 a reference to ₹, Rs., INR or Rupees is to the lawful currency of the Republic of India unless specified otherwise;
3.2.8 a reference to an agreement, deed, instrument or other document include the same as amended, novated, supplemented, varied or replaced from time to time;
3.2.9 the expressions “including”, “includes” and “include” have the meaning as if followed by “without limitation”;
3.2.10 The expression “writing” or “written” shall include communications by telex, telegram, facsimile, electronic mail and letter;
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3.2.11 Terms and expressions not defined anywhere in the RFP shall have the same meaning as are assigned to them in Indian Contract Act, 1872 and failing that in General Clauses Act, 1897;
3.2.12 The various Acts and Regulations are normally available for sale from Deputy Controller, Publications Department, Government of India, Civil lines, Delhi – 110054 or with leading Authorized Government of India book sellers.
3.2.13 A reference to any clause in any RFP means reference to the clause appearing in that particular RFP unless otherwise a specific reference to the other RFP is mentioned. Further a reference to any schedule means reference to schedule of the Agreement unless otherwise a specific reference to the other RFP.
3.3 Governing Law and Jurisdiction of Courts
The RFP shall be governed by, construed and enforced in accordance with the laws of India and are subject to the exclusive jurisdiction of the Courts at where the head office of APMDC is situated in India.
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4. Introduction & Background
4.1 Introduction
4.1.1 APMDC is a wholly owned undertaking of the Government of Andhra Pradesh. It was incorporated on 24 February 1961 under the Companies Act 1956.
4.1.2 APMDC is engaged in commercial exploitation of various minerals and plays a pro-active role in the exploitation of valuable mineral resources and in the development of mining infrastructure in the state of Andhra Pradesh. APMDC is set to undertake several innovative and definitive measures in this regard.
4.1.3 APMDC is India’s largest producer and supplier of barytes since 1975 from its mines situated in Mangampet Village, Kadapa District of Andhra Pradesh, India. This barytes deposit is the single largest deposit in the world and accounts for 95% of the Indian reserves. The quality of barytes mineral extracted from the mine is renowned globally for its oil drilling grade and other applications. Mangampet barytes mine has an existing production capacity of 3 Million Tonnes per annum and is planning to step up the production to 5 Million Tonnes per annum.
4.1.4 Apart from barytes, APMDC has other mineral assets such as granite, calcite, ball clay, etc. Also, APMDC has been allocated 2 (two) coal mines (Suliyari & Madanpur South) in allotment of coal blocks to public sector undertaking(s)in non-host state category under Government of India’s allotment for commercial mining.
4.1.5 On 18th June 2020, Govt of India issued Notice Inviting Tender (NIT) for 41 coal blocks for Sale of Coal (Commercial Mining). On conclusion of the auction process APMDC had put the winning bid for “Brahmadiha Coal Mine”. Subsequently, the Nominated Authority, Ministry of Coal notified APMDC as preferred bidder for allotment of the Mine for sale of coal under the Coal Mines (Special Provisions) Act 2015. “Brahmadiha Coal Mine” is included under Sl. No. 3 of the list of Schedule-I Coal Mines (Identified for commercial sale of coal without restrictions)
4.1.6 Pursuant thereto, the office of the Nominated Authority, requested APMDC to enter into agreements. Accordingly, APMDC entered into CMDPA on 11th January 2021.
4.1.7 After fulfilling all the conditions as required in the Allotment Agreement, the Nominated Authority Ministry of Coal, Government of India issued the Vesting Order to APMDC vide certificate number NA-104/13/2020-NA dated 02nd March 2021.
4.1.8 As per clause 5.1.1 of Allotment Agreement, within 30 (thirty) business days of the date of Vesting order, APMDC is required to submit a detailed plan (“Commencement Plan”) towards commencement of mining operation.
4.1.9 Allottee Company
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APMDC was allotted the Mine in Giridih Coalfield situated in district Giridih, state of Jharkhand, India. The coal produced from the Mine will be sold in any manner decided by APMDC including Sales to Affiliates and related parties, utilization of coal for any purpose including but not limited to captive consumption, Coal Gasification, Coal Liquefaction and export of coal.
4.1.10 Mining Company
APMDC envisages mining coal from the Mine through a Mine Operator and supplying the coal from the Mine for which Mining Plan is approved by the Ministry of Coal.
4.2 Legal status of the Mine Operator
4.2.1 APMDC is vested with transfer of Mining Lease on application. As a lessee of the Mine, under the Mining Lease, APMDC wishes to enter into Agreement with the Mine Operator who has adequate financial strength and experience in undertaking mining operations for the planning, engineering, financing, construction, development, operation and maintenance of the Site, as particularly described under Agreement.
Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Mining Lease, the APMDC hereby shall appoint the Mine Operator to provide the Mining Services during the subsistence of the Agreement and the Mine Operator hereby shall consent to its appointment and agrees to provide the Mining Services in accordance with the terms and conditions set forth herein. The Mine Operator or its authorized person (which shall be subject to written acceptance by APMDC) shall be the deemed agent of the Mine for the purpose of Mines Act, 1952 and Occupational Health and Safety Code, 2021 and the rules made there under, as may be applicable.
APMDC shall appoint agent(s) and all other personnel required under the extant statutes such as; like mine manager, safety officer, assistant managers, welfare officer, surveyor (head) and blasting overman / foreman and shotfirer as required under Applicable Law(s) or directed by Directorate General of Mines Safety (DGMS) and shall be responsible for communication with Government Authorities. Notwithstanding anything contained hereinabove, the Mine Operator shall also appoint all required manpower required to discharge its obligations under the Agreement including the manpower requisitioned for discharging all statutory duties under the Applicable Laws (though manpower appointed by Mine Operator shall not be known as statutory manpower). Any appointment made by the Mine Operator has to conform to and be in accordance with the Applicable Laws including the qualification requirements set out under the Mines Act, 1952 or Occupational Health and Safety Code, 2021, and Coal Mine Regulation, 1957. The Mine Operator and its representative shall for the avoidance of doubt, assume all such obligations and responsibilities, including preparation and submission of periodic reports etc., under the Mines Act 1952 or Occupational Health and Safety Code, 2021 and rules made thereunder as may be applicable and take all such other steps as may be necessary to comply with the Applicable Laws.
4.2.2 For the purpose(s) as mentioned aforesaid, the Mine Operator shall inform APMDC by a written document of all the manpower employed by it to perform the obligations under the Agreement including but not limited to the management, control, supervision or direction of the Site. Such document shall also specify the responsibilities of such manpower personnel(s) and the details of the matters in which they are authorized to act on behalf of the Mine Operator.
4.3 Current Status of Project/ Description of the Mine
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4.3.1 The information in this chapter is provided for the general guidance of the Bidders:
Project: Planning, engineering, financing, construction, development, operation and maintenance the Mine.
Location: The Mine is located in the southern part of the Giridih Coalfield (Main Basin). The coal block comprising parts of villages of Tikodih, Biswasdih, Buriadih, Chunjka and Bhorandihaof Giridih district, Jharkhand. The area falls in Survey of India Topo sheet No. G45U8 and lies between latitude N 240 8’ 19”- to 240 09’ 19and longitudes E 860 19’ 12” to 860 19’ 53”.
Access: Tikodih village of the OCP area is only 6Km from Giridih Rly Station. The mine is approachable by fair weather link road of 1.2 km from Giridih-Purulia district road. Nearest airport is at Ranchi (Approx. 200 km)
4.3.2 APMDC has already initiated pre-development work(s) on the Mine and the pre-development work(s) are at an advanced stage of development and the current status is provided in Appendix- 12 of this RFP.
4.4 Objective of the exercise/ assignment
4.4.1 APMDC proposes to develop the Mine by a reputed company with prior experience in mining who will be appointed as the Mine Operator. The Mine Operator shall plan, design, engineer, finance, construct, develop and operate and maintain the Mine; supply-cum-installation-cum civil works of Mine-end CHP, operate and maintain CHP, carry out land acquisition and R&R and shall carry out all works incidental to mining, processing and transportation of coal upto loading Silo for loading into trucks at CHP, diversion of nala/power line, strengthening of nala, etc. Thus, APMDC has proposed to appoint the Mine Operator through competitive bidding.
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5. Technical Requirements from the bidder
5.1 Scope of work of Mine Operator
The scope of work for the Selected Bidder and the facilitating works being undertaken by APMDC shall be in accordance with the provisions of the Agreement.
5.2 Mining Method
The Mine Operator shall deploy mining method to the mine Site as specified in the Mining Plan to be approved. In general:
5.2.1 Overburden/inter-burden and coal shall be removed by excavators (i.e. shovels and/or backhoes) and transported by haul trucks to dedicated (and approved) dumping locations and stockyards;
5.2.2 At CHP, the coal shall be loaded onto the tipper trucks of customers or transport agencies, as authorized by APMDC to take delivery of the coal. The Mine Operator shall ensure that adequate checks are carried out such that coal is only delivered to the customers or the agencies, as authorized by APMDC. The Mine Operator shall cooperate with the personnel of the customer or transport agencies and APMDC at all times and facilitate the delivery and transportation of coal.
5.2.3 The Mine Operator shall follow the Mining Plan approved by Ministry of Coal throughout the term of the Agreement. However, if the Mine Operator desires to modify the Mining Plan in consultation with the APMDC during the operation stage due to Site conditions/ increased operational flexibility; the Mine Operator shall be responsible for getting the modified Mining Plan approved from the Ministry of Coal, Government of India and other Government Authority(s), at its own cost and expense.
Further the Mine Operator shall be responsible for procuring all other approvals/ clearances necessitated by change of Mining Plan during the operation stage, from the Government Authority(s), if required without any cost implications to APMDC. All the costs shall be borne by the Mine Operator.
5.3 Mining Equipment
5.3.1 The Mine Operator shall deploy state of the art mining equipment and ensure adequate after sales support and shall comply with the original equipment manufacturer recommendations for use. Any clearances as may be required shall be obtained by the Mine Operator without any cost implication to APMDC.
5.3.2 The equipment configuration proposed by the Bidder shall comply with Applicable Laws including those related to environment laws, as mandated by the Ministry of Environment and Forests (MOEF), during the term of the Agreement.
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5.4 Mine Planning For Proposal submission
5.4.1 For the purpose of bidding, a Bidder is required to follow the Mining Plan provided by APMDC.
5.5 Required Coal Production
5.5.1 The coal production rate on an annual basis from the Production Start Date shall be as specified in the table below:
Year of Operation Coal Production (Mtpa)
1 0.00 2 0.05 3 0.10 4 0.12 5 0.15 6 0.15 7 0.15 8 0.15 9 0.15 10 0.15 11 0.15 12 0.15 13 0.15 14 0.15 15 0.15 Total 1.92 / 5.5.2 The Bidder shall confirm its yearly coal production rate for the term of the Project in their Technical Bid which shall become the "Annual Contracted Quantity" in the Agreement. For the avoidance of doubt, the yearly coal production rate for the term of the Project as set out by the Bidder in Technical Bid shall be deemed to be the ‘ACQ’ in the Agreement.
5.5.3 The Bidders should note that in case the Production Start Date does not fall on 1st April of the relevant year, then annual coal production quantities shall be adjusted pro rata.
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5.6 Coal Quality
5.6.1 The coal extraction should be planned so as to meet quantity and quality obligations as specified in the Agreement. The coal quality information is provided in the geological report.
5.7 Environmental
5.7.1 It shall be the obligation of the Mine Operator to obtain/ transfer environmental clearance (“Environment Clearance”) from the Ministry of Environment & Forests, Government of India and comply with the requirements of the approved Environmental Management Plan (EMP) as well as all Applicable Laws. The Mine Operator has to comply with all the requirements of the Environment Clearance during the term of the Agreement.
5.8 Occupational Health and Safety
5.8.1 The Selected Bidder shall comply with the requirements of the DGMS as well as all Applicable Laws
5.9 Land acquisition
The Mine Operator shall be responsible for all the pending activities towards land acquisition under the Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Mine Operator shall be responsible on behalf of APMDC to acquire all the private and government land free from any encumbrances and encroachment in phases for mining and other purposes including, mine end CHP, and approach road to mine entry, and land for other infrastructural facilities (if any) to be constructed by Mine Operator.
The Mine Operator shall be responsible for obtaining physical possession of land free from any encumbrance and encroachment for mining activities and other purposes. At all times, the Mine Operator shall ensure the physical possession of land for at least next five years requirement.
For avoidance of any doubt it is clarified that, the Mine Operator shall be responsible for obtaining encumbrance free physical possession of land required for mining activity and other allied activities such as assistance in valuation of assets on land, liaising with district administration and State Government, interactions with PAPs including squatters/forest dwellers etc. for obtaining various approvals/clearances, assistance for disbursement of compensation payments to PAPs. Implementation of environment management plan is integral part of mining operation and shall form part of the scope of Mine Operator. Mine operator shall be responsible for all liason, coordination and follow up with Government Authorities to obtain all pending clearances and approvals, including those which shall be required at a later stage.
The APMDC shall make documented payment to Government Authorities directly where the payment towards land acquisition is to be made to Government authorities. In case of other beneficiaries, payment towards land acquisition, shall be paid through cheque in the name of beneficiary and cheque will be handed over to Mine Operator for distribution. No additional payment shall be made to Mine Operator by APMDC in this regard.
Status of approval/ clearances for land acquisition related to CBA and LA Land obtained by APMDC is enclosed in Appendix-12 of the RFP.
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The detailed description of activities is provided in Schedule 2 of the Agreement.
5.10 Rehabilitation and Resettlement
The Mine Operator shall be responsible for Rehabilitation and Resettlement of PDFs , and get it approved by the state government, if needed; However, payment of compensations, if any, to eligible PAFs (Project Affected Families) as per approved R&R policy/ scheme/ plan shall be paid by APMDC directly to appropriate Government. All other activities of R&R except documented costs payable to Government authorities shall be to the cost of the Mine Operator
5.11 Corporate Social Responsibility activities for the project
The Mine Operator shall assist APMDC for carrying out Corporate Social Responsibility activities in the Project area at his own cost, as required by the Owner.
5.12 Coal Handling Plant
The Mine Operator shall be responsible for making arrangements at his own cost for coal handling including segregation of stones and other non-coal matter and loading of coal into trucks designated by the Owner.
5.13 Facilitation Role
5.13.1 APMDC has already initiated the activities related to land acquisition, obtaining physical possession of land, administrative liaison for obtaining the statutory approvals & clearances, R&R of Project Affected People and Project Affected Families.
5.13.2 The MDO shall facilitate, assist APMDC and co-ordinate on behalf of APMDC with other statutory authorities, in various activities related to:
i) Land acquisition and/ or acquisition of surface rights
ii) Obtaining physical possession of land
iii) Initiate and obtain the pending statutory approvals & clearances, and specifically obtaining the Mining Plan approval, Environmental Clearance, grant of Mining Lease from the Govt. of Jharkhand and implementing provisions thereof.
iv) Diversion of all surface infrastructures such as power line, nallah, etc. The documented cost of diversion shall be paid for by APMDC, subject to pre-approval of the budget for the same by APMDC.
v) Approval of the R&R plan
vi) R&R of Project Affected People and Project Affected Families. The documented cost shall be paid for by APMDC,.
vii) Any other assistance as may be required time to time
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5.13.3 The MDO shall on behalf of APMDC obtain physical possession of all the private, government and forest land free from all encumbrances in phases for mining and other purposes including land required for external dumps, R&R Colony, approach and access roads, and other infrastructure facilities (if any). At all times, the MDO shall ensure the physical possession of land required for uninterrupted mining.
5.13.4 The facilitation role of the MDO shall cover liaison and follow up with the district administration, the Government of Jharkhand, the Government of India, interactions with PAPs for obtaining various approvals/clearances, assistance for disbursement of compensation payments to PAPs, including squatters/forest dwellers, valuation of assets on land.
5.13.5 The above list of activities where the facilitation role of the MDO is envisaged is illustrative only and not exhaustive. The MDO shall need to undertake other facilitation activities as may be required for the development, operations and maintenance of the mine. No separate payment shall be made by APMDC to the MDO for this facilitation role and shall be deemed to have been considered as part of the Mining Charge.
5.14 Timeframe to Start Production 5.14.1 The Vesting Order (under clause (c) of sub-rule (2) of rule 7 and sub-rule (1) of rule 13 of the Coal Rules) was received on 02nd March.2021. Hence 02nd March.2021 has been considered as the zero date for the commencement plan. The commencement plan is prepared to ensure strict compliance with the efficiency parameters. The time schedule for completion of various activities for commercial operations date will be as per the CMDPA
5.14.2 The Mine Operator shall have to achieve the “Commercial Operations Date” from the appointed date, as per the approved mining plan and Allotment Agreement.
5.15 Compliance
5.15.1 The Selected Bidder agrees and undertakes that it shall acknowledge and comply with all the terms and obligations of the Allotment Agreement, the RFP and other Bidding documents and shall also ensure and procure that its sub-contractors also adhere acknowledge and comply with the same. The Bidder shall also cause its sub-contractors to acknowledge and comply with the same.
5.15.2 The Selected Bidder shall strictly adhere to the time limits given in the “Schedule D – Efficiency Parameter” of the Allotment Agreement. Time limits as given in the Efficiency Parameter are given in the CMDPA.
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6. Description of Selection Process/ Bidding Process
The objective of APMDC is to select a Mine Operator who has the requisite financial strength and the appropriate experience in coal mining operations to ensure proper planning, engineering, financing, construction, development, operation and maintenance of the Mine in accordance with the requirement(s) of APMDC.
6.1 Bidding Process
The auction would be conducted through a two-stage process comprising of:
a) Technical Bid in which the Bidders would be required to provide details regarding compliance with the Eligibility Conditions; and
b) Financial Bid comprising of: (i) the Initial Offer; and (ii) the Final Offer. The Initial Offer is required to be submitted along with the Technical Bid. It is hereby clarified that the Financial Bid will comprise of two rounds. In the first round the Initial Offer of the Technically Qualified Bidders would be opened and ranked on the basis of descending order for determination of the Qualified Bidders as provided in Clause 6.2(b) below. The Qualified Bidders shall be eligible to participate in the electronic auction and submit their Final Offer.
6.2 The two stage tender process would be conducted in the following sequence
a) Technical Qualification
In the first stage, the Bidders would be required to submit the documents prescribed in the clause 8 and the Financial Bid to the extent of specifying the Initial Offer (as specified in Clause 10.1). .
The floor price for the Initial offer is set at 5%. The Initial Offer should be higher than the Floor Price in multiples of 0.25 %
The Technical Bid of each Bidder, which is duly submitted in accordance with this Tender Document along with the Bid Security (EMD) shall be opened by APMDC on the date mentioned in Data Sheet, at such time and place as notified subsequently and in presence of the Bidders who choose to attend. APMDC reserves the right to ask for any details, clarifications or any other information, in writing based on information submitted by Bidders for the purpose of evaluation of Technical Bids or otherwise.
The Technical Bid shall be evaluated against the Eligibility Conditions and against the test of responsiveness (in accordance with Clause 11).
b) Ranking and Qualification
The Bidders who meet all the Eligibility Conditions (the “Technically Qualified Bidders”) shall be ranked, and thereafter a determination shall be made in the following manner to identify the qualified bidders, who shall be qualified for participating in the electronic auction and shall be eligible to submit a Final Offer (the “Qualified Bidders”):
I. Ranking: the technically qualified bidders shall be ranked on the basis of the descending “initial offer” Page 27 of 66
submitted by them.
II. Determination of Qualified Bidders:
(i) The technically qualified bidders holding the first 50% percent of the ranks (with any fraction rounded off to higher integer) or the top 5 technically qualified bidders, whichever is higher, shall qualify as qualified bidders for participating in the second round of electronic auction
(ii) If the number of technically qualified bidders is between 2 and 5, then all the technically qualified bidders shall be considered as qualified bidders
Provided that where the total number of technically qualified bidders is less than 2, then no technically qualified bidder shall be considered to be qualified bidder and the auction process shall be annulled
Provided further that the APMDC may, in its discretion, decide not to annul the auction process if even in the second or subsequent attempt the total number of technically qualified bidders continues to be less than 2 and APMDC, in such case, decide to consider the technically qualified bidders as qualified bidders so as to continue with the bidding process
(c) Final Offer:
The “Applicable Floor Price” for electronic auction shall be the highest Initial Offer received from the Qualified Bidders. The Qualified Bidders shall be permitted to place their Final Offer on the electronic auction platform, which shall be higher than the Applicable Floor Price. The Final Offer shall be accepted in multiple of 0.25% of revenue share.
The Qualified Bidder that submits the highest Final Offer during the electronic auction process shall be declared as the “Preferred Bidder”.
In the event that the Qualified Bidder that submitted the highest Initial Offer i.e. the “Applicable Floor Price”, becomes ineligible to participate in the electronic auction, the next highest Initial Offer shall become the Applicable Floor Price.
The e-auction process shall be annulled if none of the Qualified Bidders submits a Final Price Offer on the online electronic auction platform.
In case the auction process is annulled due to non-submission of at least one Final Offer on the electronic auction platform, the Bid Security (EMD) of the Qualified Bidder(s) who has submitted the highest Initial Offer i.e. the Applicable Floor Price, shall be forfeited in accordance with Clause 12.4 (VI)
6.3 Clarification of Bidding Documents
a. A Bidder requiring any clarification of the Bidding Documents may notify APMDC in writing by e-mail followed by post confirmation at the address mentioned in the Data Sheet. However Bidder(s) to note that queries on Qualifying Requirements shall not be entertained.
b. APMDC shall endeavour to respond to the questions raised or clarifications sought by the Bidders. However, APMDC reserves the right not to respond to any question or provide any clarification, Page 28 of 66
in its sole discretion, and nothing in this clause shall be taken or read as compelling or requiring APMDC to respond to any query or to provide any clarification.
c. Bidders are advised to regularly check the AP E-PROCUREMENT website as well as the website of APMDC regarding the posting of clarifications, if any as well as for and other information related to the RFP.
d. The last date for receipt of queries is indicated in the Schedule of Bidding Process hereof. Queries received after the last date for receipt of queries as set forth in the Schedule of Bidding Process shall not be considered.
6.4 Issue of Corrigendum (a) / Amendment(s) to the Bidding Documents ("Corrigendum / Amendment(s)"), if deemed necessary at APMDC’s sole discretion:
a) At any time prior to Proposal submission deadline mentioned in the Data Sheet, APMDC may, whether at its own initiative or in response to a clarification requested by a Bidder, amend the provisions of Bidding Documents by issuing Corrigendum (s) / Amendment(s) to Bidding Documents.
b) Bidders are also advised to regularly check the AP E-PROCUREMENT website and the website of APMDC regarding posting of Amendments, if any.
c) Any Corrigendum (a) / Amendment(s) to Bidding Document issued by APMDC subsequent to the issue of Bidding Document will also be considered an integral part of Bidding Document and any reference to Bidding Document in the Agreement shall include such Corrigendum (a)/Amendment(s) also.
d) Any verbal clarifications and information provided by APMDC or its employee(s) or its representative(s) or its consultant(s) shall not in any way be binding on APMDC unless subsequently confirmed through the issuance of Corrigendum (a)/ Amendment (s).
e) In order to afford prospective Bidders reasonable time to take the corrigendum (a)/ amendment(s) into account in preparing their Proposal, APMDC may, at its discretion, extend the deadline for the submission of the Proposal(s).
6.5 Letter of Award
APMDC shall, after determination of the H1 Bidder through the Forward auction in accordance with Chapter 9 hereof issue the LOA. Before issue of the Letter of Award or at any stage thereafter, APMDC reserves its right to conduct a due diligence on the Bidder at its own costs including right to visit the mines owned/ operated by the Bidder and whose experience it had claimed for meeting the Qualifying Requirements. APMDC may also involve its consultants and advisors in conducting the due diligence and the Bidder shall cooperate with APMDC in the above exercise. The Letter of Award may not be issued to the H1 Bidder if any claim is found to be misleading or untrue in any respect and forfeit.
Upon satisfaction with the due diligence on the Bidder, APMDC shall issue the Bidder with the Letter of Award confirming that the Bidder is the Selected Bidder.
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6.6 Execution of the Agreement
At the same time as APMDC notifies the successful Bidder that it is a Selected Bidder, APMDC will send the Selected Bidder the Agreement, incorporating all the Corrigendum (s) issued from time to time by APMDC, along with all the documents specified at Clause 1.3 of the Agreement. Within twenty-eight (28) days of receipt of the Agreement, the Selected Bidder shall sign and date the Agreement along with all the documents specified at Clause 1.3 of Agreement and return it to the APMDC.
In case the selected Bidder is a Consortium, within 60 days of issuance of Letter of Award, the Agreement along with all the documents specified at Clause 1.3 of Agreement shall be signed by “Authorized Representative and Signatories” of the joint venture company incorporated by the Consortium Members. However, each Consortium Member shall also sign the Agreement and shall remain jointly and/ or severally responsible and liable to the APMDC for the performance of all contractual obligations throughout the term of the Agreement.
6.7 Right to annul Bidding Process
6.8.1 APMDC reserves the right to annul the Bidding Process at any point in time and without providing any explanation to the Bidders.
6.8 Material Deviation
Material deviations in the Proposals received shall include, inter alia, the following:
i) The Technical Bid or any accompanying document submitted by the Bidder is not in accordance with the formats given in this RFP.
ii) Technical Bid not accompanied by all the documents required to be submitted in terms of this RFP.
iii) It does not contain all the information (complete in all respects) as requested in this RFP and/ or Bidding Documents (in formats same as those specified);
iv) The Technical Bid not accompanied by physical submission of the original Earnest Money Deposit, appropriate Power of Attorney, Joint Operating Agreement or Consortium Operating Agreement (if applicable) or Affidavit.
v) The Technical Bid not accompanied by documentary evidence of the credentials of the Bidders(s).
vi) The Technical Bid or Initial Offer submitted by the bidder is conditional or qualified.
vii) The Technical Bid or Initial Offer submitted by the Bidder is not valid for the minimum validity period of 180 days from the Proposal submission date.
viii) It is otherwise material deviations in terms hereof.
6.9 Contacting APMDC
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No Bidder shall contact the APMDC on any matter relating to the Proposal, from the time of the opening of Proposals to the time the contract is awarded.
Any effort by a Bidder to influence the decision of APMDC in APMDC’s Proposal evaluation, Proposal comparison or award of the Agreement, may result in rejection of the Bidder’s Proposal.
6.10 Confidentiality
APMDC shall at all times treat all information, submitted/ received by it as part of Proposal, as confidential (except for the purpose of verification in terms of Chapter 9 of the RFP). APMDC shall not divulge any such information unless it is directed to do so by any statutory entity that has the power under law to seek such information. Bidders will not disclose any confidential information to third parties without the prior written consent of APMDC except as expressly permitted in this RFP.
6.11 Proprietary Data
All documents and other information supplied by APMDC or submitted by a Bidder to APMDC shall remain or become the property of APMDC. Bidders are to treat all information as strictly confidential and shall not use it for any purpose other than for preparation and submission of their Proposal. During the term of the Agreement, the Mine Operator will not, without the prior written consent of APMDC, either directly or indirectly, on its own behalf or in the service or on behalf of others, solicit or attempt to solicit, divert or hire away any person employed by APMDC.
6.12 Format and Signing of Project Proposals
The Proposals including all documents attached shall be digitally certified using Class-III signature as set forth in Clause 14.12 by the duly “Authorised Representative and Signatory” of the Bidder and bind him to the contract.
Following documents shall be submitted in hard copy (physical submission) prior to last date & time for submission of Technical Bid:
a. The original Power of Attorney, duly notarized, in favour of the Authorized Representatives and Signatories shall be enclosed by the Bidder along with a covering letter.
b. A copy of board resolution, affixed with common seal of company, authorizing the issuer who issues Power of Attorney in favour of an employee (Authorized Representative and Authorized Signatory for the Bidding Process and Project as mentioned in the RFP) of the company shall be submitted along with the above mentioned Power of Attorney.
Note: In case of Consortium, Authorized Representative and Signatory shall be from the Company of Consortium Leader. Bidder shall furnish the original Power of Attorney (ies) in favor of Authorized Representative and Signatory, signed by legally authorized signatories of all the Consortium Members supported by a copy of board resolutions /or any other equivalent supporting documents, affixed with common seal of company, to demonstrate the authority of the persons issuing the Power of Attorney.
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7. Qualifying Requirements
In addition to the satisfactory fulfillment of the requirements stipulated under the RFP, the following shall also apply:
7.1 Technical Criteria
The bidder shall have atleast 10 years of experience in the coal/lignite mining sector, either in excavation of Coal/Lignite or OB. AND
The Bidder should have, in the preceding 2 (two) Financial Years ending as on 31st March 2021, developed & operated (as Mine Developer and Operator) atleast a single coal/ lignite mine, from which he should have extracted, on an average annual basis, at least 03 million BCM of composite volume of overburden and coal/ lignite, where at least 0.5 MTPA should be Coal or Lignite.
AND
The Bidder at the time of bidding shall be a company registered as Special class (civil) with Government of Andhra Pradesh with valid registration in terms of G.O. MS. No.94, I&CAD (PW- COD) Department, Dated:01.07.2003 and G.O. MS. No. 130, I&CAD (PW-Reforms) Department, Dated:22.05.2007 are permitted to participate in Tender.
7.2 Financial Criteria
(a) In the preceding two financial Years ending on 31st March 2021: i) The Bidder shall have to fulfill the average annual Turnover requirement of at least INR 250 Crores (INR Two Hundred and Fifty Crores) during two Financial Years ending on 31st March 2021. ii) The Bidder shall have to fulfil the Net Worth requirement of at least INR 100 Crores (INR One Hundred Crores) as on 31st March 2021 and it should be positive as on 31st March 2020 and 31st March 2021.
Note:
a) In preparing the Proposal, Bidders are expected to examine the documents comprising this Bid Document in detail. Material deficiencies in providing the information requested may result in rejection of a Proposal. b) The terms Net Worth and Turnover shall have the meaning and definition as stated in this Bid Document. In support of Financial Criteria, Bidder shall submit audited financial statements c) The financial statement is expressed in currency Indian National Rupees. d) In case Bidder is a Bidding Consortium, the Turnover and Net Worth (i.e. all financial criteria) of both the Members shall be considered as per the provisions as stated in this Bid Document. . 7.3 Routes
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The Bidder shall be either a single corporate entity or a Consortium of up to 2(two) corporate entities and may follow any one of the following routes;
7.3.1 ROUTE – 1
Bidder fulfils all the requirements as set out in Clause 7.1 and Clause 7.2 on its own or as a member of JV Company
7.3.2 ROUTE –2
i) In case a Bidder does not meet the requirement of Clause 7.1 and Clause 7.2 above on its own, it can quote on the basis of experience of its Subsidiary (ies) and /or Holding Company and/ or Subsidiaries of its Holding Company. In such a case the consolidated experience of Bidder and its Subsidiary (ies) and/or Holding Company and/or Subsidiaries of its Holding company shall be considered, as applicable.
However, Bidder on its own should meet either Technical Criteria at clause 7.1, or Financial Criteria at Clause 7.2 above.
ii) The Bidder, who meets the requirements of Clause 7.2 on its own and meets the requirement of Clause 7.1 above based on the strength / experience of its Subsidiary (ies) and/or Holding Company and/or Subsidiaries of its Holding company will be required to furnish a legally enforceable Joint Operating Agreement (JOA) executed between the Bidder and its Subsidiary (ies) and/or Holding Company and/or Subsidiaries of its Holding company extending experience / strength to the Bidder along with its Technical Bid, valid for at least 5 years, which will have to be extended till such time the Mine achieves 85% of the contracted capacity of the Project, as per the formats enclosed in the Bidding Documents. The number of executants of the JOA shall not exceed two including the Bidder. Further each of the executants of the JOA other than the Bidder shall be required to submit a performance guarantee equivalent to 1% of the estimated annual contract value towards the faithful performance of terms and conditions set out in JOA as per the format specified in the Bidding Documents. These performance guarantee(s) shall be in addition to the Contract Performance Guarantee to be submitted by the Bidder as per Bidding Documents and shall remain valid and operative till 90 days after the expiry of the validity of JOA.
iii) The Bidder who meets the requirements of Clause 7.1 on its own and meets the requirement of Clause 7.2 based on the strength / experience of its Subsidiary (ies) and/or Holding Company and/or Subsidiaries of its Holding company will be required to furnish along with its Technical Bid, a letter of undertaking from the Subsidiary (ies) and/or Holding Company and/or Subsidiaries of its Holding company, supported by board resolution of such company(ies), as per the format enclosed in the Bidding Documents, pledging unconditional and irrevocable financial support for the execution of the Agreement by the Bidder in case of award. The number of such Subsidiary (ies) and/or Holding Company and/or Subsidiaries of its Holding company lending strength/experience to the Bidder shall not exceed two including the Bidder.
iv) Net worth of the Bidder and its Subsidiary (ies) and/or Holding Company and/or subsidiary (ies) of its Holding Company, lending strength / experience to the Bidder for meeting technical or Financial Criteria, in combined manner, should be equal to or more than 100% of their total paid up share capital, as on the last date of the last Financial Year for meeting Financial Criteria. However, net worth of the Bidder and its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company, seeking qualification under this route, as on the last date of the last Financial Year for meeting Financial Criteria, should not be less than 75% of Page 33 of 66
their respective paid-up share capital individually.
7.3.3 ROUTE –3 (Consortium)
Bidder may be a Consortium of up to two corporate entities and should collectively meet the requirement of the Technical Criteria at clause 7.1, or Financial Criteria at Clause 7.2 above.
i) All the Consortium Members shall select one of the members as the Consortium Leader who should meet on its own, at least, 51% requirement of the Financial Criteria.
ii) Net worth of all the Consortium Members in combined manner, as on the last date of the last Financial Year for meeting the Financial Criteria, should be positive and equal to or more than 100% of their total paid up share capital. However, net worth of each of the Consortium Member excluding the Consortium Leader, as on the last date of the last Financial Year should not be less than 75% of their respective paid up share capital individually.
iii) Each of the Consortium Members will be required to furnish a legally enforceable Consortium Operating Agreement (COA) along with Technical Bid holding themselves jointly and/or severally responsible and liable to APMDC to perform all contractual obligations, valid for the entire period of the Agreement, as per the format enclosed in the Bidding Documents. The number of executants of the COA should not exceed two.
NOTES:
i) The word “operated” means that the Bidder should have performed the necessary mining activities of drilling for blasting, excavation, hauling etc. on its own or through sub- contracting.
ii) The word “developed” means that the Bidder should have performed the necessary activities of land acquisition/ assisted in land acquisition, statutory clearances/ assisted in statutory clearances & approvals and carried out ‘Infrastructure development’ on its own or through sub-contracting.
iii) “Infrastructure development” as per (ii) above means construction of CHP, statutory buildings, workshops, in a coal/lignite mine.
iv) “Aggregate” means combination of overburden and/or coal or lignite from one or more opencast mines of minerals.
v) The word “overburden” shall also include “inter-burden provided it is measured and accounted separately.”
vi) The word “composite” means that the Bidder should have produced both overburden and coal/lignite from the same mine.
vii) For coal/lignite, following specific gravity (tonnes/cubic meters) shall be considered:
Coal Lignite 1.50 0.80
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viii) BCM shall be calculated as = (Coal or lignite produced in MT / specific gravity) + overburden removed in cubic meters. ix) For criteria at Clause 7.1 in case the Bidder is seeking qualification as a mine owner, the volume of overburden/ coal/ lignite production should be certified by statutory auditor of the Bidder. x) For criteria at Clause 7.1, in case the Bidder is seeking qualification as a mine operator under a contract, the Bidder should submit a copy of the contract agreement and other supporting document along with a certificate of production of overburden/ coal/ lignite as well as peak rated capacity and certificates for activities of land acquisition/ statutory clearances and infrastructure development from the Owner.
Alternatively, a certificate from the statutory auditor of the Bidder certifying the volume of overburden/ coal/ lignite production and certificates for activities of land acquisition/ statutory clearances and infrastructure development can also be submitted.
In case, certificate from the owner is not submitted and a certificate from the statutory auditor is submitted, verification from the owner may be done by APMDC. In case of any deviation, the bidder shall be disqualified as per clause 12.11. xi) “Holding Company” and “Subsidiary” shall have the meaning ascribed to them as per Companies Act, 2013. xii) In case the Bidder is not able to furnish its audited financial statements on standalone entity basis, the unaudited unconsolidated financial statements of the Bidder can be considered acceptable provided the Bidder further furnishes the following documents for substantiation of its qualification:
i) Copies of the unaudited unconsolidated financial statements of the Bidder along with copies of the audited consolidated financial statements of its Holding Company.
ii) A certificate from the Chief Executive Officer (CEO)/ Chief Financial Officer (CFO) of the Holding Company, as per the format enclosed in the Bidding Documents, stating that the unaudited unconsolidated financial statements form part of the consolidated financial statements of the Company.
In case where audited results for the last preceding Financial Year are not available, certification of financial statements from a statutory auditors shall also be considered acceptable.
The provisions of this note (xii) shall also be applicable for Subsidiary Company/ Holding Company / subsidiary of Holding Company /Consortium Members. xiii) Net worth means the sum total of the paid up share capital and free reserves. Free reserve means all reserves credited out of the profits and share premium account but does not include reserves credited out of the revaluation of the assets, write back of depreciation provision and amalgamation. Further any debit balance of Profit and Loss account and miscellaneous expenses to the extent not adjusted or written off, if any, shall be reduced from reserves and surplus.
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xiv) For clause 7.2, Net worth in combined manner as percentage of paid up share capital shall be calculated as follows:
If net worth of the Bidder (X1) and two of (X2 & X3) Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company is X1, X2 & X3 respectively and corresponding paid up share capital of the Bidder and Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company is Y1, Y2 & Y3 respectively, then X1+X2+X3 Net worth (in combined manner, %) = ------X 100% Y1+Y2+Y3
xv) For clause 7.3.3, Net worth in combined manner as percentage of paid up share capital shall be calculated as follows:
If net worth of the two Consortium Members is X1 and X2 respectively and corresponding Paid up share capital of the two Consortium Members is Y1 & Y2 respectively, then
X1+X2 Net worth (in combined manner, %) = ------X 100% Y1+Y2
xvi) Other income shall not be considered for arriving at annual turnover.
xvii) ‘year’ as per Clause 7.1 means a continuous period of 365 days.
xviii) In preparing the Proposal, Bidders are expected to examine the documents comprising this RFP in detail. Material deficiencies in providing the information requested may result in rejection of a Proposal.
7.4 Additional Qualifying Requirements
The Bidder, shall provide satisfactory evidence in its Technical Bid that it and/or, where applicable, its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company or Consortium Members on the strength of which it is seeking qualification:
a. is/are in the business of developing and / or operating coal / lignite mine(s) and has/have adequate technical knowledge and relevant experience in this field.
b. does not/do not anticipate change in ownership during the validity of Proposal without approval of APMDC (if such a change is anticipated, the scope and effect thereof shall be defined by the Bidder in its Technical Bid).
c. has its/have their own project management set up covering the areas of engineering, planning, procurement, quality assurance and inspection of mining equipment and machinery and the necessary field services required for successful development and operation of a coal mine.
d. has/have adequate financial stability and capability to meet the financial obligations pursuant to the works & services covered in the development and operation of the Mine.
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Bidders are required to furnish the relevant documents in support of their experience and strength claimed in their Technical Bid without which such claims may not be accepted by APMDC. Further APMDC reserves its rights to assess the capacity and capability of Bidder and its concerned Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company or Consortium Member(s) to satisfactory execute the Agreement. Such assessment shall include but not limited to the evaluation of capacity and capability in various areas viz engineering, designing, planning, project management, procurement, construction, quality assurance and inspection, financing, etc. for development, mining operation and maintenance of the mine.
7.4.1 The reference mines whose details have been declared as per the formats of Bidding Documents shall only be considered to ascertain the Bidder’s compliance to the specified Qualifying Requirement (QR). Bidders wishing to provide additional reference mines are required to declare the same in similar format which shall be additionally attached.
APMDC at its discretion may seek any clarification and/or documentary evidence only for the reference mines as mentioned above. However, no change or substitution of the reference mines by new/additional mines for conforming to the specified Qualifying Requirement shall be sought, offered or permitted.
7.5 Notwithstanding anything stated above, APMDC reserves the right to undertake a physical assessment of the capacity and capabilities including financial capacity and capability of the Bidder / his collaborator(s) / associate(s) / Subsidiary(ies) / group company(ies) to perform its obligations under the Agreement, should the circumstances warrant such assessment in the overall interest of the APMDC.
The physical assessment shall include but not be limited to the assessment of the office/ facilities/ banker’s/ reference works by the APMDC. A negative determination of such assessment of capacity and capabilities may result in the rejection of the Proposal. The above right to undertake the physical assessment shall be applicable for the qualifying requirements stipulated in this Chapter.
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8. Contents of the Technical Bid
8.1 Bidders shall upload their Technical Bid in the AP E-PROCUREMENT website. Bidder to further ensure that documents uploaded in the AP E-PROCUREMENT website is being downloaded properly. APMDC shall not be responsible for corrupted files, if any, uploaded in the AP E- PROCUREMENT website. Bidder should note that no zip file is to be uploaded in the AP E-PROCUREMENT website. Further file related to particular attachment/ schedule including their annexures/ appendices, if any, shall be given name of that attachment/ schedule only.
8.1.1 Covering Letter: The Bidders shall submit the covering letter as per the format specified in Appendix 7A (for Route - 1) or Appendix 7B (for Route - 2) or Appendix 7C (for Route - 3), as may be applicable.
8.1.2 Details and documents in support of Qualifying Requirements and additional Qualifying Requirements
(a) For Route-1 (as per Clause 7.3.1 of QR)
Sl Appendix/Exhibit No. Description No 1. Appendix 7A- Exhibit 1 Qualification data in respect of experience for qualification as per clause 7.1 2. Appendix 7A- Exhibit 2 Qualification data in respect of financial strength as per clause 7.2 3. Appendix 7A- Exhibit 2A Certificate from CEO/CFO of the Holding Company (to be submitted in line with Note (xi) of Qualifying Requirements stipulated in Chapter-7 of RFP) 4. Appendix 7A- Exhibit 3 Information ownership 5. Appendix 7A- Exhibit 4 Details of own Project Management Setup or outsourcing arrangement 6. Appendix 7A- Exhibit 5 Experience details in developing and / or operating coal/lignite mine(s) and technical knowledge and relevant experience 7. Appendix 7A- Exhibit 6 Details of financial status 8. Appendix 7A- Exhibit 7 Additional Information 9. Appendix 8 Certificate in respect of APMDC’s Fraud Prevention Policy. 10. Appendix 8A Declaration on Banning Policy 11. Earnest Money Deposit Earnest Money Deposit in accordance with Clause 12.4 Note: To be submitted in original in a separate sealed envelope before the stipulated Proposal submission closing date and time mentioned in Data Sheet. 12. Power of Attorney Power of Attorney in accordance with Clause 6.12
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Sl Appendix/Exhibit No. Description No Note: To be submitted in original in a separate sealed envelope before the stipulated Proposal submission closing date and time mentioned in Data Sheet. 13. Appendix 9 Integrity Pact as per Appendix-9 in accordance with Clause 12.9 Note: To be submitted in original in a separate sealed envelope before the stipulated Proposal submission closing date and time mentioned in Data Sheet. 14. A banker’s certificate Banker’s certificate stating satisfactory conduct of accounts. In case of multiple banks, the certificate shall be given by the largest lender.
(b) For Route-2 (as per Clause 7.3.2 of QR)
Sl Appendix/Exhibit No. Description No 1. Appendix 7B- Exhibit 1 Qualification experience clause 7.1 2. Appendix 7B- Exhibit 2 Qualification data in respect of financial strength as per clause 7.2 3. Appendix 7B- Exhibit 2A Letter of Undertaking from the Subsidiary (ies) Company and/or Holding Company and/or Subsidiary (ies) of its Holding Company, as per clause 7.3.2(iii) along with Board Resolution(s) of such Company (ies). 4. Appendix 7B- Exhibit 2B Certificate from CEO/CFO of the Holding Company (to be submitted in line with Note (xi) of Qualifying Requirements stipulated in Chapter -7 of RFP) 5. Appendix 7B- Exhibit 3 Information for anticipated change in ownership Appendix 7B- Exhibit 4 Details of own Project Management Setup or outsourcing arrangement Appendix 7B- Exhibit 5 Experience details in developing and / or operating Coal/Lignite mine(s) and technical knowledge and relevant experience 8. Appendix 7B- Exhibit 6 Details of financial status 9. Appendix 7B- Exhibit 7 Additional Information 10. Appendix 7B- Exhibit 8 Joint Operating Agreement as per Clause 7.3.2 and 12.2 Note: To be submitted in original in a separate sealed envelope before the stipulated Proposal submission closing date and time mentioned in Data Sheet 11. Appendix 8 Certificate in respect of APMDC’s Fraud Prevention Policy. 12. Appendix 8A Declaration on Banning Policy 13. Earnest Money Deposit Earnest Money Deposit in accordance with Clause 12.4 Note: To be submitted in original in a separate sealed envelope before the stipulated Proposal submission closing date and time mentioned in Data Sheet. 14. Power of Attorney Power of Attorney in accordance with Clause 6.12
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Sl Appendix/Exhibit No. Description No Note: To be submitted in original in a separate sealed envelope before the stipulated Proposal submission closing date and time mentioned in Data Sheet. 15. Appendix 9 Integrity Pact as per Appendix-9 in accordance with Clause 12.9 Note: To be submitted in original in a separate sealed envelope before the stipulated Proposal submission closing date and time mentioned in Data Sheet. 16. A banker’s certificate Banker’s certificate stating satisfactory conduct of accounts by the lead partner. In case of multiple banks, the certificate shall be given by the largest lender.
(c) For Route-3 (as per Clause 7.3.3 of QR)
Sl Appendix/Exhibit No. Description No 1. Appendix 7C- Exhibit 1 Qualification data in respect of experience for qualification as per clause 7.1 2. Appendix 7C- Exhibit 1A Qualification data in respect of experience for qualification for Consortium Leader, as per clause 7.3.3 3. Appendix 7C- Exhibit 2 Qualification data in respect of experience for qualification for Consortium Leader, as per clause 7.2 4. Appendix 7C- Exhibit 2A-1 Qualification data in respect of experience for qualification as per clause 7.3.3 5. Appendix 7C- Exhibit 2A Qualification data in respect of experience for qualification as per clause 7.3.3 6. Appendix 7C- Exhibit 2B Certificate from CEO/CFO of the Holding Company (to be submitted in line with Note (xi) of Qualifying Requirements stipulated in Chapter -7 of RPF) 7. Appendix 7C- Exhibit 3 Information for anticipated change in ownership 9. Appendix 7C- Exhibit 4 Details of own Project Management Setup or outsourcing arrangement 10. Appendix 7C- Exhibit 5 Experience details in developing and / or operating Coal/Lignite mine(s) and technical knowledge and relevant experience 11. Appendix 7C- Exhibit 6 Details of financial status 12. Appendix 7C- Exhibit 7 Additional Information 13. Appendix 7C- Exhibit 8 Consortium Operating Agreement as per Clause 7.3.3 and 12.3 Note: To be submitted in original in a separate sealed envelope before the stipulated Proposal submission closing date and time mentioned in Data Sheet 14. Appendix 8 Certificate in respect of APMDC’s Fraud Prevention Policy.
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Sl Appendix/Exhibit No. Description No 16. Appendix 8A Declaration on Banning Policy 17. Earnest Money Deposit Earnest Money Deposit in accordance with Clause 12.4 Note: To be submitted in original in a separate sealed envelope before the stipulated Proposal submission closing date and time mentioned in Data Sheet. 18. Power of Attorney Power of Attorney in accordance with Clause 6.12 Note: To be submitted in original in a separate sealed envelope before the stipulated Proposal submission closing date and time mentioned in Data Sheet. 19. Appendix 9 Integrity Pact as per Appendix-9 in accordance with Clause 12.9 Note: To be submitted in original in a separate sealed envelope before the stipulated Proposal submission closing date and time mentioned in Data Sheet. 18. A banker’s certificate Banker’s certificate stating satisfactory conduct of accounts by the lead partner. In case of multiple banks, the certificate shall be given by the largest lender.
8.2 Contents of Technical Proposal (To be submitted in the AP E-PROCUREMENT website as mentioned at Clause 8.1 above)
Covering Letter (Appendix-11)
Covering Letter as per the format specified in Appendix-11.
8.3 Technical Bid not to contain pricing information The Technical Bids uploaded in the AP E-PROCUREMENT website should not contain any price content entry by which Bidder’s prices are revealed before opening of their Initial Offers. In case, the Technical Bid is found to contain any price content, such Proposal shall be liable to be rejected.
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9. Technical Details with respect to Auction
The technical details and work-flow will be updated once the on-going upgradation of the application is completed on the AP e-procurement portal.
The complete process of bid submission will be divided into 2 stages as follows:
A. Stage 1: Technical Bid
This stage will comprise of online submission of the Technical Bid and the Financial Bid to the extent of the Initial Offer
i) Online submission of Technical Bid and Initial Offer with supporting documents
This stage shall be open to all Bidders who have purchased the tender document. In this process, the Bidder, after logging in to the above stated website, will have to click on the link “Click for Auction”. In the next page, the Bidder shall have to go to the link “Stage 1 Bid Submission”. Thereafter, the Bidder will have a bouquet under “My Menu” having 3 (three) sub-menus – “Bid Floor Manager”, “Upload Documents” and “Attach Documents”.
Bid Floor Manager
Once the Bidder clicks on this sub-menu followed by ‘Click Here’ under Live Auctions, it will display the name of mine for which the Bidder has paid the fees for downloading the paid documents. On clicking on any of the mine(s), the Bidder will be directed to a screen where it can fill up the technical bid template and save the data. The Bidder can edit such data as many times as it wishes till the final submission is made by clicking the “Final Submission” button.
After saving the Technical Bid, the link / button for Initial Offer shall get activated. The Bidder, on clicking this button, will be directed to a screen having a template where it can fill up its Initial Offer. The Bidder can edit such data as many times as it wishes till the final submission is made by clicking the “Final Submission” button.
The Bidder shall have to submit the Initial Offer, which should be higher than the Floor Price in multiples of 0.25% of revenue
The final submission of Technical Bid and the Initial Offer shall be digitally signed by the Bidder using the digital signature the use of which has been duly authorized on behalf of the Bidder and which was used at the time of registration. Any digital signature certificate other than the above shall not be acceptable for bid submission by the system.
The Bidder may note that the “Final Submission” button for both Technical Bid and Initial Offer is common and will be activated only after both the Technical Bid and the Initial Offer have been saved and the necessary documents have been uploaded and attached against the auction
Upload Documents
The Bidder shall also have to upload the supporting documents along with the Technical Bid, as required under this Tender Document. These supporting documents will need to be uploaded in pdf format only (the file size may be limited to 4 MB). Files in formats other than pdf shall not be accepted. For this, the Bidder shall first click on the link “Upload documents” Page 42 of 66
and upload the files in support of its Technical Bid.
The files uploaded shall be as per the list of documents displayed under “Attach Documents” link after selection of the respective auction. If there are multiple files against one document mentioned in the list, they have to be merged into one file before uploading.
Attach Documents
After uploading these documents, the Bidder shall have to attach them, through the “Attach Document” link, with the specific mine(s) for which it is intending to submit the Technical Bid. It may be noted by the Bidder that in case it intends to use the same supporting document for more than one mine, it does not need to upload the same document every time. The supporting document, once uploaded, can be attached with Technical Bid for multiple mine(s), if desired.
The Bidder has to attach documents as per the list displayed against the respective auction. The Bidder can attach only one file against a document. Same file cannot be attached for more than one document. Multiple files cannot be attached for one document. If required the bidder may attach one additional file through the ‘Others’ option.
The Bidder should also note that a Bid will be considered as submitted if and only if the Bidder has clicked on the “Final Submission” button. Only such Bids will be opened which have been finally submitted. It is further clarified that saving of Technical Bid and the Initial Offer without final submission will be treated as non submission of bid.
Upon successful final submission, the Bidder shall receive a bid acknowledgement from the system automatically.
The Bidders may note that the Technical Bid and the Initial Offer submitted online as above will be encrypted by AP E-procurement’s own software before storage in the database. This will be done to protect the sanctity and confidentiality of the Bids before the actual opening of the same.
Modification / Withdrawal of Bid
If after final submission of Bid and before the scheduled closing time for Bid submission a Bidder wishes to make changes in its Bid, it can do so by clicking the “Delete Bid” option. By doing so, the entire Bid submitted by the Bidder will get deleted. A system generated email will be sent to the Bidder acknowledging the deletion. The Bidder will be able to save and submit its new Bid again. If a Bidder deletes its Bid and does not submit its new Bid in the same manner as stated above, its Bid will not come up for opening or further processing.
If after final submission of Bid and before the scheduled closing time for Bid submission a Bidder wishes to withdraw its Bid, it can do so by clicking the “Withdraw Bid” option. By withdrawing a bid, a Bidder will lose the opportunity to re-submit its Bid against the same mine(s). ii) Offline submission of certain original documents
The Bidders shall have to submit the documents as per mentioned in Clause 8 and Appendices 1 to 7, whichever is applicable in original in sealed cover within the scheduled closing time for bid in accordance with Data Sheet. The sealed cover should clearly bear the following identification: Page 43 of 66
Original Documents (Technical Bid) for [insert name of the Coal Mine] and shall indicate the name, AP E-PROCUREMENT Registration No. and address of the Bidder. In addition, an index of documents submitted should be annexed and the documents shall contain page numbers: Page [●] of [●]
The aforementioned documents shall be submitted at the following address:
APMDC Ltd. Door No. 294/1D, 100 feet Road (Tadigadapa to Enikepadu Road), Kanuru, Vijayawada – 521137, Andhra Pradesh, India
Deadline for online submission of (i) Technical Bid and the Initial Offer with supporting documents; and (ii) offline submission of certain original documents
The Bidders shall also note that online submission of Technical Bid and the Initial Offer with supporting documents and offline submission of certain original documents shall be allowed only up to time specified in Data Sheet. Bidders in their own interest are advised to complete the entire process well in advance to avoid any last minute hiccup / technical problems. No complaints shall be entertained in this iii) Evaluation of Technical Bid
a. Evaluation of Technical Bid
Technical Bids shall be evaluated in the manner provided in this Tender Document.
b. Opening of Initial Offer
Initial Offers shall be opened of the Technically Qualified Bidders only. All Technically Qualified Bidders will be ranked in accordance with Clause 6.2(b) and the determination of Qualified Bidders shall be made in accordance with Clause 6.2(b). Only the Qualified Bidders shall be intimated about their qualification for participation in electronic auction through notification on AP E-PROCUREMENT website within their secured login as well as a system generated email. Such intimation shall be sent 2 hours prior to the scheduled start of e-auction. The remaining Technically Qualified Bidder (i.e. Technically Qualified Bidder who is not a Qualified Bidder), if any, should note that it may become a Qualified Bidder if one or more of the original Qualified Bidders become ineligible to bid.
B. Stage 2: electronic auction – Final Offer
A. Intimation to Qualified Bidders
The Qualified Bidders will be intimated about their qualification for electronic auction against mine in accordance with Clause 9.A.(iii)(b), through notification in the AP E- PROCUREMENT website within their secured login as well as a system generated email. Page 44 of 66
Along with the above intimation, they shall also receive information on Applicable Floor Price for e-auction of the Coal Mine which is the highest Initial Offer received from the Technically Qualified Bidders.
In certain cases, where considered necessary, the Qualified Bidders may also receive the information on the second highest Initial Offer received from the Technically Qualified Bidders. In the event the Bidder(s) who has quoted the Applicable Floor Price is no longer eligible to bid for that Coal Mine, the Applicable Floor Price shall stand revised to second highest Initial Offer received from the Technically Qualified Bidder(s).
It is expressly clarified that Bidders should not expect to receive the information on the second highest Initial Offer received from the Technically Qualified Bidders as a matter of usual course.
It shall be the sole responsibility of the Bidder to regularly check the AP E-PROCUREMENT website and log in to see whether it has qualified for a certain mine or not. AP E- PROCUREMENT/ Nominated Authority will not be responsible for non-receipt of email by the Bidder and its consequences.
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10. Calculation of Evaluated Mining Fee and Initial Offer
10.1 Mining Fee payable to the Mine Operator shall be calculated on the basis of below formula:
Mining Fee = SP – {GRS + AFRS + (AVRS*X HARP)}
where, SP : Actual Selling price for which Royalty is Payable GRS : Actual Revenue share per ton paid to Government AFRS : APMDC’s Fixed Revenue Share @Rs. 350 per ton AVRS* : APMDC’s Variable revenue share in % HARP : Higher of Selling price and latest Representative price
Note:
* AVRS shall be the Bidding Parameter (i.e. Corresponding to the Initial Offer submitted by the Bidder as per Clause 6.2)
The Mining calculated shall be subjected to no escalation and the bidders are expected to factor in cost escalations while quoting the AVRS.
10.2 In their own interest, the Bidders are requested to familiarize themselves with the Mines Act or Occupational Health and Safety Code, 2021, 1952 the Income Tax Act, 1961 the applicable Companies Act, 1956, the Companies Act, 2013, the Customs Act, 1962 the Foreign Exchange Management Act, 1999 and all other Applicable Laws. APMDC shall not entertain any request for clarifications from the Bidders regarding the same. Non-awareness of the Applicable Laws or such information shall not be a reason for the Bidder to request for extension in Proposal Submission Date. The Bidder undertakes and agrees that before submission of its Proposal all such factors, as generally brought out above, have been fully investigated and considered while submitting the Proposal.
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11. Test of responsiveness
The responsive Technical Bid shall be evaluated in detail to determine their fulfilment of Qualifying Requirements specified in Chapter 7 of this RFP.
During the Proposal evaluation, APMDC may, at its discretion, ask the Bidder for a clarification of its Technical Bid including documentary evidence pertaining to only the reference mines declared in the Technical Bid for the purpose of meeting Qualifying Requirement specified in Chapter 7 of this RFP. The request for clarification and the response shall be in writing and no change in the substance of the Technical Bid including substitution of reference mines in the Qualification Proposal by new/additional mines for conforming to Qualifying Requirement shall be sought, offered or permitted.
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12. Information to Bidders
12.1 Transfer of Bidding Documents
The Bidding Documents are not transferable and can be used for submitting the Proposals by the party to whom the Bidding Documents are issued. However, after the closing date of issue of Bidding Documents, if a party, to whom the RFP Documents are issued, intends to transfer the Bidding Documents to one of its member of group-company who intend to submit its Proposals in place of the original recipient, it is permissible. In such event, such new member of group-company shall become the new recipient of the Bidding Document and all terms and conditions of the Bidding Document shall apply to such new member of group-company as if the Bidding Document were originally issued to it. It will be the responsibility of the new recipient of the Bidding Document to satisfy itself for the completeness and correctness of the Bidding Document.
If the party to whom the Bidding Documents are issued, intends to transfer the Bidding Documents to the proposed Consortium who intends to submit its Proposal in place of the original recipient, it is permissible provided such party shall be one of the members of proposed Consortium. In such case, Bidder shall take prior written approval of APMDC at least 15 days prior to Proposal Submission Date. Also the details of the Consortium Leader and the other Consortium Member(s) should be provided. In such event, the proposed Consortium shall become the new recipient of the Bidding Document and all terms and conditions of the Bidding Document shall apply to proposed Consortium as if the Bidding Document were originally issued to it. It will be the responsibility of the new recipient of the Bidding Document to satisfy itself for the completeness and correctness of the Bidding Document.
12.2 Joint Operating Agreement
Bidder, who meets Qualifying Requirement stipulated at Clause 7.1 on the strength /experience of its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company, shall be required to furnish a legally enforceable Joint Operating Agreement in original as per format enclosed at Exhibit- 8 of Appendix-7B.
12.3 Consortium Operating Agreement
In case the Bidder is a Consortium and has sought qualification on the consolidated strength/ experience of all the Consortium members, Bidder shall be required to furnish a legally enforceable Consortium Operating Agreement in original as per format enclosed at Exhibit- 8 of Appendix-7C. Consortium Operating Agreement shall not be amended, modified and/or superseded by any agreement, deed or document by the Consortium Members.
The Selected Bidder (in case of bidding through Consortium route) shall form a joint venture company constituted under the Companies Act, 2013 and shall sign the Agreement in line with clause 6.6 of this RFP within 60 days of the date of the issue of LOA. Any further agreement that may be entered into amongst the Consortium Members with respect to the joint venture company shall not be contrary to or in conflict with the Consortium Operating Agreement. The composition and percentage shareholding of equity of the Consortium Members in joint venture company shall be as declared in the Consortium Operating Agreement and no change in this regard shall be allowed till incorporation of the joint venture company.
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Upon being determined as Selected Bidder by way of issuance of Letter of Award, all the Consortium Members shall decide mutually the modality for developing and operating the Mine through formation of a joint venture company constituted under the Companies Act, 2013. Consortium Leader shall have at least 51% of the total paid up share capital of the joint venture company and each of the other Consortium Members shall have at least 10% of the total paid up share capital of the joint venture company. All the Consortium Members shall continue to retain above minimum holding till complete term of the Agreement.
No change in the equity shareholding in the joint venture company shall be allowed till the Mine achieves 85% of the contracted capacity of the Project. After the Mine has achieved 85% of the contracted capacity, the Consortium Leader shall have at least 51% of the total paid up share capital of the joint venture company till complete term of the Agreement. Provided further that no change in the shareholding of joint venture company shall be permissible without prior consent of APMDC. APMDC may grant such consent subject to the terms & conditions as it may deem fit.
The Consortium shall necessarily identify one of the members as Consortium Leader, the authorisation for which shall be evidenced by submitting with the Proposal a Power of Attorney in favour of the Consortium Leader signed by legally Authorised Signatories of all the Consortium Members.
The Consortium Leader shall be authorized to incur liabilities and receive instructions for and on behalf of any and all members of the Consortium and entire correspondence till the formation of joint venture company shall be done exclusively with the Consortium Leader. Subsequent to its formation, Joint Venture Company shall be responsible for complete execution of the Agreement. All payments under the Agreement shall be made to the joint venture company only.
In case of Consortium, the Earnest Money Deposit, and in the event of award to Consortium the Contract Performance Guarantee shall be in the name of all the members of the Consortium. However, obligations under above Contract Performance Guarantee shall not be affected by any change in the constitution or control of the Consortium and continue to be applicable to the joint venture company formed by the Consortium in accordance with the provisions of Bidding Document.
12.4 Earnest Money Deposit
I) The Bidder shall furnish, along with its Proposal, an EMD for an amount of INR 1,00,00,000/- (Indian Rupees One Crore only) initially valid for a period of 45 Days beyond the Project Proposal Validity Period in a separate sealed envelope in the form of crossed Demand Draft(s)/ Pay Order(s)/ Banker’s Cheque(s), irrevocable Letter(s) of Credit or bank guarantee(s). The EMD, if furnished as a bank guarantee shall be from any bank as specified in Appendix 1 as per the format stipulated in Appendix 2, 2A or 2B as may be applicable. In case of foreign Bidders (Bidders having their registered office outside India), the bank guarantee can be from any other bank also in addition to the banks specified at Appendix 1. However in such a case, the bank guarantee shall be confirmed by one of the banks specified in Appendix 1.
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The EMD shall be furnished in a separate sealed envelope. Any Proposals not accompanied by the EMD or Proposals submitted with inadequate EMD shall be rejected by APMDC as being Non-Responsive and returned to the Bidder without being opened.
II) The Bidder shall ensure that the EMD remains valid for a period of 45 Days immediately following any extension of the Proposal Validly Period requested under Clause 12.6 of this RFP.
III) EMD of the Bidder(s) who’s Technical Bid has not been found acceptable, shall be returned along with letter communicating rejection of Technical Bid. The EMD of the Bidders who are unsuccessful after opening of Initial Offer shall be returned immediately after issuance of the LOA to the Selected Bidder.
IV) The EMD of the Selected Bidder to whom the LOA is awarded will be returned when the said Bidder has signed the Contract Agreement pursuant to Clause 6.6 and has furnished the required Contract Performance Guarantee as the case may be pursuant to Clause 12.5
V) No interests, charges or any amounts on/with respect to the EMD shall be payable by APMDC to any Bidder.
VI) Without prejudice to any other rights available to it under Applicable Laws, APMDC reserves the right to forfeit EMD of the Bidder without any notice of proof of damages to the Bidder on the occurrence of any one or more of the following events/ circumstances:
a. if the Bidder withdraws or alters or modifies or revokes its project Proposal, partially or fully, during the Project Proposal Validity Period or any extension granted thereof as per terms of the RFP.
b. if any of the claims/ confirmations/ statements/ declarations of the Bidder is found to be incorrect or inconsistent or in case of any material misrepresentation of facts as per terms of the RFP.
c. if the Bidder does not withdraw any deviation, variation and additional condition to the Bidding Documents read in conjunction with its Corrigenda/ Amendment/ errata/ clarification/ addenda mentioned anywhere in its Proposal without any price implication whatsoever to APMDC.
d. if the Selected Bidder fails to sign the Agreement, in accordance with Clause 6.6 of this RFP
e. if the Selected Bidder fails to submit the Contract Performance Guarantee within 30 Days of the issuance of the Letter of Award as per the terms of this RFP.
f. if the Selected Bidder fails to arrange and submit the Performance Guarantee(s) from any executants of JOA/COA other than itself towards the due performance of terms and conditions contained in JOA/COA within 30 Days of the issuance of the Letter of Award
g. if the Bidder/ his representatives commits any fraud while competing for this Contract pursuant to fraud prevention policy of APMDC.
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in case the Bidder is disqualified from the Bidding Process in terms of Section 3 and 4 of Integrity Pact.
12.5 Contract Performance Guarantee
a. Within 30 days of issue of Letter of Award by APMDC, the Selected Bidder shall furnish a contract performance guarantee ("Contract Performance Guarantee") in the form of a bank guarantee from any of the banks listed in Appendix 1A as per the format enclosed at Appendix 3 or Appendix-3A, as applicable, failing which, without prejudice to any other rights of APMDC, the EMD of the Selected Bidder shall be forfeited; it is being clarified that any such forfeiture and encashment of the EMD shall not in any manner entitle the Selected Bidder to provide APMDC with the Contract Performance Guarantee unless otherwise mutually agreed to by the parties.
b. The Contract Performance Guarantee shall be for an amount equivalent to 10% (ten per cent) of the estimated annual contract value under the terms of the Agreement. The estimated annual contract value shall be: APMDC’s revenue share quoted by the bidder multiplied by Representative Price for December 2020 and peak annual rated capacity of 0.15 Mn T. Incase of enhancement in the mine capacity the Performance Security will need to be revised accordingly.
c. The Contract Performance Guarantee shall be renewed/ extended so as to remain valid for the entire term stated in the Agreement. It shall have a minimum initial validity period of a period of no less than ninety (90) days beyond the 5th anniversary of the Commencement Date (as defined in the Agreement) and shall be renewed/ extended in terms of five (5) years subsequently, at least three (3) months prior to the expiry of the earlier validity. Failure to renew/ extend the validity of the Contract Performance Guarantee with in the aforesaid stipulated period shall entitle APMDC to encash the Contract Performance Guarantee without any notice to the Mine Operator. The Contract Performance Guarantee shall be unconditional, irrevocable and payable on demand to APMDC without delay or demur or prior notice to the Selected Bidder.
d. The Contract Performance Guarantee shall not in any manner be construed as limiting the damages payable by the Mine Operator to APMDC in accordance with the terms of the Agreement.
e. If APMDC has terminated the Agreement pursuant to Section-3 of the Integrity Pact (IP), APMDC shall encash the Contract Performance Bank Guarantee/ Performance Guarantees, in accordance with Section 4 of Integrity Pact.’
f. Confirmation of Bank Guarantees (including EMD and Contract Performance Guarantee or any other Performance Guarantee)) through Structured Financial Messaging System (SFMS)T: While issuing the physical BGs, the Bidder's Bank shall also send electronic message through secure SFMS (in case of BGs issued from within India)
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For INR payments by Indian Bidders:
1. Name of the Beneficiary A P Mineral Development Corporation Ltd. 2. Account Number 053411100003509 3. IFS CODE UBIN0811939 4. Name of the Bank and Union Bank of India, Tadigadapa, Vijayawada Branch
12.6 Proposal Validity
a. The Proposal shall initially remain valid and binding on the Bidder for at least six (6) months from the date of opening of Technical Bid ("Project Proposal Validity Period"). Any Proposal with a shorter validity period may be rejected by APMDC as non- responsive
b. In exceptional circumstances, APMDC may solicit the Bidder's consent to an extension of the Project Proposal Validity Period. The request and responses thereto shall be made in writing or telefax or email followed by post confirmation. If a Bidder accepts to prolong the Project Proposal Validity Period, the EMD shall also be suitably extended failing which, the Project Proposal extension shall be invalid. A Bidder may refuse the request for extension in Project Proposal Validity Period without forfeiting its EMD. A Bidder accepting the request for extension of validity will be neither required nor permitted to modify its Proposal.
12.7 Corrupt or Fraudulent Practices
APMDC requires that Bidders observe the highest standard of ethics during the procurement and execution of the Agreement. In pursuance of this policy, APMDC:
a. defines, for the purposes of this provision, the terms set forth below as follows:
I) "corrupt practice" means the offering, giving, receiving or soliciting, in any manner whatsoever, directly or indirectly, of anything of value to influence the decision or action of a public official or APMDC official or its engaged consultant(s) or advisor(s) during any stage of the procurement process or execution of the Agreement; 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 APMDC, and includes collusive practice among Bidders (prior or after Proposal submission) designed to establish Proposal prices at artificial non-competitive levels and to deprive APMDC of the benefits of free and open competition;
III) “coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the Bidding Process;
IV) “undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by APMDC with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (ii) having a conflict of interest;
V) “restrictive practice” means forming a cartel or arriving at any understanding or
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arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the Bidding Process; and VI) “collusive bidding” or “bid rigging” means any agreement, between enterprises or persons engaged in identical or similar production or trading of goods or provision of services, which has the effect of eliminating or reducing competition for Proposals or adversely affecting or manipulating the process for bidding
b. will reject a Proposal if it determines that the Selected Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the Project in question;
c. will declare the person ineligible, either indefinitely or for a stated period of time, to be awarded a contract if APMDC at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a contract of the APMDC; and
d. take any and all such actions as may be considered necessary or desirable by APMDC in the circumstances.
12.8 Fraud Prevention Policy
The Bidder along with Subsidiary(ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company/ associates/ collaborator/ sub- contractors/ sub- vendors/ consultants/ service providers shall strictly adhere to the policies of APMDC and shall immediately apprise the APMDC about any fraud or suspected fraud as soon as it comes to their notice. The Bidder shall furnish a certificate along with its Technical Bid in respect of adherence to the policies of APMDC, specified at Clause 12.8, as per the format enclosed in this document. If in terms of above policy it is established that the Bidder/his representatives have committed any fraud while competing for this contract then the bid security (EMD) of the Bidder shall be forfeited. The Bidder along with their Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company/ associates/ collaborator/ sub-contractors/ sub-vendors/ consultants/ service providers shall observe the highest standard of ethics and shall not indulge or allow anybody else working in their organization to indulge in fraudulent activities during execution of the Agreement.
12.9 Integrity Pact
12.9.1 Bidders are required to unconditionally accept the “Integrity Pact (IP)” (executed on plain paper) and submit the same duly signed on all pages by the Bidder’s Authorized Signatory in a separate sealed envelope before stipulated Proposal submission time at the address specified in Data Sheet. Bidder and its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company/ Consortium Members shall individually sign Integrity Pact (IP) and same shall be submitted in a separate sealed envelope before stipulated Proposal submission time at the address specified in Data Sheet. Bidder’s failure to comply with the aforesaid requirement regarding submission of ‘Integrity Pact (IP)’ shall lead to outright rejection of Proposal as being non- responsive and shall not be opened.
In case of Selected Bidder being a Consortium, in addition to above, after incorporation of joint venture company, the Integrity Pact shall be signed by such joint venture company along with the Agreement.
12.10 Misrepresentation by Bidder
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If any claims/ confirmations/ statements/ declarations made by the Bidder in its Proposal or in response to any subsequent query by APMDC, is found to be incorrect or inconsistent or in case of any material misrepresentation of facts, such Proposal shall be liable for rejection and the EMD liable to be forfeited or encashed by APMDC. However, any minor infirmity/ nonconformity/ irregularity that does not constitute a material misrepresentation of facts and does not prejudice or affect the relative ranking of any Bidder as a result of evaluation by APMDC, may be allowed at the sole discretion of APMDC.
12.11 Disqualifications
12.11.1 Notwithstanding anything to the contrary contained herein and without prejudice to any of the rights or remedies of APMDC, a Bidder shall be disqualified and its Proposals dropped from further consideration in Bidding Process for any of the reasons listed below:
a) Misrepresentation by any Bidder in the Proposal.
b) Failure by the Bidder to provide necessary and sufficient information as required and asked for in the RFP.
c) A winding up/ insolvency or other proceedings of a similar nature is pending against the Bidder.
d) The company ceases to fulfil qualification criteria mentioned in RFP during Bidding Process and as per the terms of RFP.
e) If the Project Proposal submitted by the Bidder are found to have been tampered or differ from the RFP available with APMDC, the Proposal of such Bidder shall be rejected.
f) The bidder or any constituent thereof (i.e. in case of a consortium bidder each member of the consortium and in case of a single bidder, the bidder and any Subsidiary/ Subsidiaries and/or Holding Company and/or the Subsidiary/ Subsidiaries of the bidder’s Holding Company, whose experience and credentials are being used by the bidder to meet the qualifying requirements) should not have been blacklisted or none of their contract is terminated or foreclosed due to their fault in the last 7 (seven) years reckoned from the RFP publication date with respect to any tender/ contract for mining operations issued by APMDC or any government or any government instrumentality where the aggregate value of the tender/ contract over the entire life of the tender/ contract is above Rs. 500,00,00,000/- (Rupees Five Hundred Crores Only). However, in case the bidder has been cleared of such blacklisting as on the RFP publication date, then the bidder shall be considered to be eligible as per this clause. Provided further that if such blacklisting is subjudice as on the RFP publication date, then also the bidder shall be considered to be eligible as per this clause.
g) Or any other reasons as deemed fit.
12.11.2 If information becomes known after the Bidder has been qualified/ shortlisted, at any stage, to proceed with the Biding Process, which would have entitled APMDC to reject or disqualify the Bidder, APMDC reserves the right to reject or disqualify that Bidder at the time, or at any time, such information becomes known to it. APMDC’s determination that one or more of the events specified under this chapter has occurred shall be final and conclusive.
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12.11.3 Notwithstanding anything contained in this RFP, APMDC reserves the right to reject any Proposal or to annul the Bidding Process or reject all Proposals, at any time, without any liability or any obligation for such rejection or annulment, without assigning any reasons whatsoever.
12.12 Further Information
12.12.1 If at any time during the evaluation process APMDC requires any clarifications, APMDC reserves the right to request such information from any Bidder. Bidders shall be obliged to provide the same within a reasonable time frame.
12.12.2 Strict adherence to the formats wherever specified, is required. Wherever, information has been sought in specified formats, the Bidder shall refrain from referring to brochures/ pamphlets. Non- adherence to formats and/ or submission of incomplete information may be grounds for declaring the Proposal non-responsive. Each format has to be duly signed and sealed by the Bidder.
12.12.3 The decision of APMDC on any issue shall be final and binding upon all the Bidders.
12.12.4 Each Bidder must keep APMDC informed at all times during the bidding process about any litigation involving the Bidder and/or its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company or Consortium Members. APMDC has the right to disqualify any Bidder if such litigation in APMDC’s opinion may adversely affect the ability of the Bidder to meet its obligations towards APMDC under the Bidding Process.
12.13 Number of proposals and respondents: Each Bidder shall submit only one Proposal. Bidder shall submit only one Proposal, either individually as Bidding Company or as a Consortium Member. It is further clarified that any of the Bidder’s Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company or members of Consortium shall not separately participate directly or indirectly in the same Bidding Process. Further, if any Bidder is having a conflict of interest with other Bidders participating in the same Bidding Process, the Proposal(s) of all such Bidders shall be rejected.
12.14 Confidentiality of information provided by the Bidder
12.14.1 The Bidder may request APMDC to treat specific data or information contained in its Proposal and/ or any other information, reports, data, software or other material provided by Bidder as confidential. APMDC, its consultants and their representatives will take reasonable precautions to protect the confidentiality of such data or information, provided it is clearly identified as confidential on the page(s) on which it appears and shall not disclose any such confidential information to any third party without the prior written consent of the Bidder.
12.14.2 However, any or all data/ information provided as a part of the Proposal and/or any other information, reports, data, software or other material may be made available to any Government Authority, as required under Applicable Laws without any prior intimation to the Bidder. In any event, neither APMDC, nor its consultants nor any of their representatives will be responsible or liable for any disclosure of data/ information in accordance with this Chapter. Further any information as may be required to be provided to a third party pursuant to the Right to Information Act, 2005 shall be excluded from such confidentiality obligations and APMDC reserves its right, exercisable at its discretion, to disclose any such information relating to the Bidder/contained in its
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Proposal, as may be necessary to comply with the requirements of the Right to Information Act, 2005.
12.14.3 The request for grant of access to any privileged, proprietary, or otherwise confidential data/ information supplied by, or pertaining to other Bidders responding to this RFP shall not be considered and accepted by APMDC under any circumstances.
12.15 Dispute Resolution
12.15.1 Dispute resolution shall be as per the provisions of the Agreement.
12.16 Assignment
12.16.1 The Selected Bidder shall not, without the express prior written consent of the APMDC, assign to any third party the Agreement or any part thereof, or any right, benefit, obligation or interest therein or there under.
The APMDC shall not, without the express prior written consent of the Selected Bidder, assign to any third party the Agreement or any part thereof, or any right, benefit, obligation or interest therein or there under.
12.16.2 In case, Selected Bidder is a single corporate entity, assignment of the Agreement to its existing or a new Subsidiary may be considered by APMDC within five years of execution of the Agreement subject to the following:
i) The assignee will meet the specified qualifying requirements, on the date of such proposed assignment, in the same manner as if it had been the Selected Bidder.
ii) The assignee shall execute the JOA with the Selected Bidder. In case of existing JOA, Executants of the existing JOA shall execute a fresh JOA with such assignee which shall be valid for at least 5 years, which will have to be extended till such time the Mine achieves 85% of the contracted capacity of the project
iii) The assignee shall provide Contract Performance Guarantee pursuant to Clause 12.5 of RFP.
iv) The assignee shall provide a Performance Guarantee equivalent to 1% of the estimated annual contract value under the terms of the Agreement towards the faithful performance of terms and conditions contained in JOA. The estimated annual contract value shall be: APMDC’s revenue share quoted by the bidder multiplied by Representative Price for December 2020 and peak annual rated capacity of 0.15 Mn T in case of enhancement in the mine capacity the Performance Security will need to be revised accordingly.
v) The Contract Performance Guarantee submitted by the Mine operator shall be returned after the assignee provides Contract Performance Guarantee and the Mine Operator provides a Performance Guarantee pursuant to clause (iv) above.
12.17 Sub-Contracting
The Selected Bidder may engage subcontractors subject to prior written approval from APMDC. To avoid presence of multiple agencies at site for similar activities, APMDC may restrict multiple
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subcontracting.
12.18 Notwithstanding the provisions regarding forfeiture of Earnest Money Deposit specified in Clause 12.4 (vi) of this RFP, if a Selected Bidder after having been issued the Letter of Award, either does not sign the Agreement as per Clause 6.6 of this RFP or does not submit an acceptable Contract Performance Guarantee/ Performance Guarantee in accordance with the provisions of the Agreement and which results in Bidding Process being annulled then such Bidder shall be treated ineligible for participation in retendering of this particular package.
12.19 Policy for Withholding and Banning of Business Dealings
The APMDC has in place a policy for withholding and banning of business dealings as enclosed at Schedule-6 of the Agreement. Business dealings may be withheld or banned with the Bidder/ Mine Operator on account of any of the grounds and following the procedures as detailed in the said policy for withholding and banning of business dealings.
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13. Forward Auction
13.1 Business Rules of Forward Auction
A. Schedule for Forward Auction
After opening of the Initial Offer, the Qualified Bidders who shall become eligible to participate in the Forward auction as per clause 6.2.1 of the RFP will be intimated about their qualification for Forward auction through a system generated email (“Shortlisted Bidders”). It shall be the sole responsibility of the Qualified Bidder to regularly check the AP E-PROCUREMENT website and log in to see whether it has qualified for the Forward auction for the Mine or not. APMDC will not be responsible for non-receipt of email by the Bidder and its consequences.
• The schedule of the forward auction shall be communicated to the Qualified Bidders.
The Forward auction is the process of inviting binding Final Price Offer from the Qualified Bidders through internet for the purpose of determination of the Shortlisted Bidder who submits the Highest Final Price Offer at the conclusion of the Forward Auction ("H1 Bidder"). During this process, the Shortlisted Bidders shall be able to submit its Final Price Offer as many times as it wishes against the Mine. The Shortlisted Bidders participating in the Forward auction process shall remain anonymous to other Qualified Bidders as well as to AP E- PROCUREMENT. The Shortlisted Bidders shall be able to see the prevailing Final Price Offer for the Mine, but the name of the H1 Bidder at any point of time will not be displayed.
Bidders in their own interest are advised to get themselves acquainted with the Forward Auction process of AP E-PROCUREMENT by getting their Authorized Signatory trained beforehand through some demo auctions, the schedule of which is given in the Schedule of Bidding Process hereof.
B. Auction extension time
The Forward auction process will have a scheduled start and end time, as given in Clause 13.1. (A), which will be displayed on screen. A Shortlisted Bidder will be able to put its Final Price Offer after the start of bid l time and till the end time of the Forward auction. The current server time (IST) will also be displayed on the screen. In the event a Final Price Offer is received during the last 15 (fifteen) minutes before the scheduled close time of Forward auction, the close time of the Forward auction will be automatically extended by 15 (fifteen) minutes from the last received Final Price Offer time to give equal opportunity to all other Shortlisted Bidders. This process of auto extension will continue till there is a period of 15 (fifteen) minutes during which no Final Price Offers) are received.
For example, assuming that the initial scheduled close time for a particular Forward auction is 1:00 pm and a Final Price Offer is received at 12:55 pm, the scheduled close time shall be revised to 1:10 pm. Again, if a Final Price Offer is received at 1:01 pm, the scheduled close time shall be revised to 1:16 pm and so on. In the event that there is no further Final Price Offer received till 1:16 pm, the Forward auction will close at 1:16 pm. The revised close time will be displayed on screen and the Shortlisted Bidder(s) should keep refreshing its webpage to get the latest information.
The above example is only illustrative and meant for guidance only.
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However, the Shortlisted Bidders are advised not to wait till the last moment to submit their Final Price Offer to avoid complications related to internet connectivity, their network problems, system crash down, power failure etc.
C. Procedure of Forward auctioning
i) All Qualified Bidders will be able to submit their Final Price Offer along with submission of Technical Bid as per schedule mentioned in Data Sheet.
ii) Online Forward auction: The ‘Opening Price’ i.e. start price for Forward auction will be as decided by APMDC in percentage
iii) Bid increment value shall be in multiples of 0.25%.
iv) Bidders, by offering a price equal to or higher than the “Next Valid Proposal”, can become “H1” Bidder and this continues as an iterative process.
v) After completion of the online Forward auction, the Closing Price (CP) shall be available for further processing.
D. Post Forward auction procedure
APMDC will proceed with the H1 Proposal received in the Forward auction for further processing and award considerations.
E. If no Final Price Offer is received in the auction system/ website within the specified time duration of the online Forward auction, then APMDC will annul the E-auction process.
F. Only those Qualified Bidders who have submitted the ‘Price bid within the scheduled time and who are considered technically and commercially responsive, shall be eligible to participate in Forward auction process.
G. Online Forward auction shall be conducted by APMDC on pre-specified date and time, while the Bidders shall be quoting from their own offices/ place of their choice. Internet connectivity shall have to be ensured by Bidders themselves.
Bidders are requested to make all the necessary arrangements/ alternatives whatever required so that they are able to participate in the Forward auction successfully. Failure of power or loss of connectivity at the premises of Bidders during the Forward auction cannot be the cause for not participating in the Forward auction. APMDC shall not be responsible for such eventualities.
During the course of Bidding Process, the Bidder cannot delete or decrease such amount but can always increase the same depending upon the amount quoted by other Bidders.
H. Bidders are advised to get fully trained and clear all their doubts such as refreshing of screen, quantity being auctioned, tender value being auctioned, auction rules etc.
I. Bidders shall be assigned a unique user name and password by APMDC. Bidders are advised to change the password after the receipt of initial password from APMDC to ensure confidentiality. All Proposals made from the login ID given to the Bidders will be deemed to have been made by the Bidders/ Bidders’ company. Page 59 of 66
J. Upon receipt of the system report after completion of the online Forward auction, H1 Bidder will be considered for further processing. APMDC’s decision on award of contract shall be final and binding on all the Bidders.
K. APMDC reserves the right to cancel/ reschedule/ extend the Forward auction process/ tender at any time, before ordering, without assigning any reason.
L. APMDC shall not have any liability to Bidders for any interruption or delay in access to the Site irrespective of the cause. In such cases, the decision of APMDC shall be binding on the Bidders.
M. Other terms and conditions shall be as per Bidder’s Technical Bid and as per APMDC’s Bidding Documents and other correspondences, if any, till date.
N. Bidders are required to submit their acceptance to the stipulated terms and conditions before participating in the Forward auction.
13.2 Terms and Conditions of Forward Auction
Against this RFP for the subject package with detailed scope of Services as per Bidding Document, APMDC shall resort to “FORWARD AUCTION PROCEDURE”. The philosophy followed for Forward auction shall be English Reverse (No ties).
A. For the Forward auction, Qualified Bidders only shall be eligible to participate.
B. Bidders shall ensure online submission of their Final Price Offer within the auction period.
C. APMDC along with AP E-PROCUREMENT will provide all necessary training and assistance before commencement of Forward auction. APMDC, in case so required, shall arrange to demonstrate/ train the Bidder or Bidder’s nominated person(s), without any cost to Bidders. APMDC shall also explain the Bidders, all the rules related to the Forward auction/ Business Rules Document to be adopted along with Forward auction manual.
D. Business rules for Forward auction like event date, time, Final Price Offer increment, extension etc. shall be as per the business rules, enumerated at Clause 13.1 above, for compliance.
E. Bidders have to accept ‘Terms & Condition’ and the ‘Business rules of Forward auction’ before start of Forward auction. Without this, the Qualified Bidder will not be eligible to submit Price bid in the Forward auction.
F. Forward auction will be conducted on scheduled date & time, which shall be intimated to the Qualified Bidders in advance.
G. Bidders should acquaint themselves of the ‘Business Rules of Forward auction’ stipulated at Clause 13.1 above
H. If the Bidder or any of his representatives are found to be involved in price manipulation/ cartel formation of any kind, directly or indirectly by communicating with other Bidders, action as
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per extant APMDC guidelines, shall be initiated by APMDC.
I. The Bidder shall not divulge either his Final Price Offer or any other exclusive details of APMDC to any other party.
J. Period of validity of Final Price Offer received through Forward auction shall be same as that of the Proposal Validity Period offered.
K. Bidders should also note that:
i) Although extension time is 8 minutes, there is a time lag between the actual placing the bid on the local computer of the Shortlisted Bidder and the refreshing of the data on to the server for the visibility to the APMDC. Considering the processing time for data exchange and the possible network congestion, Shortlisted Bidders must avoid the last minute hosting of the Price bid.
ii) Shortlisted Bidder will agree to non-disclosure of trade information regarding the purchase, identity of APMDC, Bidding Process, bid technology, bid documentation and other Proposal details.
iii) It is brought to the attention of the Bidders that the Forward auction will lead to the final price only.
iv) Technical and other non-commercial queries (not impacting price) can only be routed to the APMDC contact personnel indicated in the Bidding Documents.
v) Order finalization and post order activities such as payment etc. would be transacted directly between the H1 Bidder and APMDC.
vi) Order shall be placed outside the e-portal & further processing of the PO shall also be outside the system.
vii) In case of any problem faced by the Shortlisted Bidder during Forward auction and for all Bidding Process related queries, Bidders are advised to contact AP E- PROCUREMENT directly.
viii) Bidders are advised to visit the auction page and enter the ‘live auction’ cockpit successfully well in advance to identify/ rectify the problems to avoid last minute hitches.
ix) APMDC will not be responsible for any PC configuration/ java related issues, software/ hardware related issues, telephone line glitches and breakdown/ slow speed in internet connection of PC at Bidder’s end.
x) Bidders may note that it may not be possible to extend any help, during Forward auction, over phone or in person in relation to rectification of PC/ Internet/ Java related issues and Shortlisted Bidder may lose the chance of participation in the auction.
L. No queries shall be entertained while Forward auction is in progress.
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14. Instructions on e-tendering and Forward auction on AP E- PROCUREMENT website
The technical details and work-flow will be updated once the on-going upgradation of the application is completed on the AP e-procurement portal.
14.1 Synopsis
14.1.1 The selection of the Mine Operator for the planning, engineering, financing, construction, development, operation and maintenance of the Coal Mine shall be through e-tendering followed by Forward auction. The entire process shall be held on the AP E-PROCUREMENT website (www.tender.apeprocurement.gov.in). The Executive Summary of the RFP is available in the website.
14.1.2 Bidders are requested to read these instructions and terms & conditions before submitting their Proposal.
14.2 Help Desk Contact information from AP E-PROCUREMENT
Phone number: +91 8645- 246370 / 71 / 72 / 73 / 74 Email Address: [email protected]
14.3 Configuration
14.3.1 The Bidder may note that the following configurations will be required to be undertaken in their Internet Explorer browsers for smooth functioning of the website and the e-auction portal.
14.3.2 The system requirements are as follows:
i) Windows 7 ii) IE 9 iii) Java (JRE 8 and above) Windows 86 Offline file
14.3.3 To disable “Protected Mode” for DSC to appear in the signer box following settings may be applied:
i) Tools => Internet Options =>Security => Disable protected Mode If enabled- i.e, Remove the tick from the tick box mentioning “Enable Protected Mode”.
ii) Other Settings:
Tools => Internet Options => General => Click On Settings under “browsing history/ Delete Browsing History” => Temporary Internet Files => Activate “Every time I Visit the Webpage”
iii) Please refer to Vendors Guide provided in www.tender.apeprocurement.gov.in for detailed change in settings required in browser
14.4 Registration
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14.4.1 All intending Bidders are required to register their firms/ companies as vendors on AP E- PROCUREMENT website (www.tender.apeprocurement.gov.in). For online registration, the Bidder is required to click on the link ‘Register as Vendor’ provided on the above webpage. The Bidder needs to fill up the online form with appropriate details and submit. The Bidder should note that it is required to create its own user id and password during the process of filling up this form and no separate communication will be send for user id and password. The Bidder shall itself remain responsible for maintaining the secrecy of its user id and password.
14.4.2 Upon successful submission of the online registration form, the Bidder shall receive an e-mail in its registered e-mail address confirming the registration. The Bidders shall have to pay a onetime registration fee of Rs 10,000/- (Rupees Ten Thousand only) along with GST at the rate of 18% {Total Rs 11,800/- (Rupees Eleven Thousand Eight Hundred only)} in favor of AP E- PROCUREMENT Limited. The payment can be made through NEFT or e-payment to AP E- PROCUREMENT’s following bank account. Bank Details : XXXXXXXX Account Details : XXXXX IFSC Code No. : XXXXXXX
14.4.3 After remittance of the payment, the Bidder should send the details of payment like remitting bank, date of payment, UTR number, amount, name of the remitter and name of the Bidder as registered in AP E-PROCUREMENT’s website through e-mail to [email protected].
14.4.4 The Bidder can then login in the same website as mentioned above through the ‘Vendor Login’ section. The Bidder shall need a valid Digital Signature Certificate (DSC) along with user id and password to login. The DSC which shall be used during the first login shall get mapped with the user id and the same DSC shall have to be used for all subsequent logins and bidding. Hence the DSC should be in the name of the Authorized Signatory of the Bidder.
14.4.5 A Bidder needs to register only once with the above website. The same registration can be used for bidding in various RFPs being processed in the above website.
14.5 Bid Document Cost
14.5.1 The bid document cost is Rs. 500,000/- (Rupees FIve Lakhs only) along with GST at the rate of 18% {Total Rs 590,000/- (Rupees Five Lakhs andNinety Thousand only)} ("Bid Document Cost") as the cost of the Bidding Document.
14.5.2 The payment towards the Bid Document Cost is to be remitted in favor of AP E-PROCUREMENT Limited by NEFT or e-payment to AP E-PROCUREMENT’s bank account as per following detail. Bank Details : XXXXXXXXXXX Account Details : XXXXXXX IFSC Code No. : XXXXXXXXXXXX
14.5.3 After remittance of the payment, the Bidder should send the details of payment like remitting bank, date of payment, UTR number, amount, name of the remitter and name of the Bidder as registered in AP E-PROCUREMENT’s website through e-mail to [email protected]. 14.5.4 It may be noted that Bidders can download the Bidding Document, attend the site visit and the pre- bid meeting and submit their Proposal(s) only after payment of the Bid Document Cost.
14.5.5 Bidders may note that the Bid Document Cost is non-refundable.
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14.6 Downloading the Bidding Document
14.6.1 Bidders who have paid the Bid Document Cost shall be able to download the Bidding Document through the link ‘Download Paid Docs’. For this the Bidder shall need to login and click on the above link.
14.7 Proposal Submission
14.7.1 This stage will comprise of: i) online submission of the Technical Bid and the Initial Offer; and
ii) offline physical submission of certain original documents as mentioned in clause 8 & 9.
14.8 Online Submission of Technical Bid and the Initial Offer
14.8.1 This stage shall be open to all Bidders who have purchased the Bidding Document(s) for the Mine. In this process, the Bidder, after logging in to the above stated website, will have to click on the link “AUC Floor Manager”. Thereafter the Bidder has to click on Live Events and then on the e- tender number. The Bidder will be directed to a screen where it can fill up the Technical Bid template and save the data. The Bidder can edit such data as many times as it wishes till the final submission is made by clicking the “Final Submission” button.
14.8.2 After saving the Technical Bid, the link/ button for price offer (button named “Price bid”) shall get activated. The Bidder, on clicking this button, will be directed to a screen having a template where it can fill up its price offer and save the same. The Bidder can edit such data as many times as it wishes till the final submission is made by clicking the “Final Submission” button.
14.8.3 The final submission of Technical Bid and the Price bid consisting of the Initial offer shall be digitally signed by the Bidder using the digital signature which was used at the time of registration. Any digital signature certificate other than the above shall not be acceptable for Proposal submission by the system.
14.8.4 The Bidder may note that the “Final Submission” button for both the Technical Bid and the Price bid consisting of the Initial offer is common and will be activated only after both the Technical Bid and the Price bid consisting of the Initial offer have been saved.
14.9 Attach Docs
14.9.1 The Bidder shall also have to upload the supporting documents along with the Technical Bid, as specified in the RFP. These supporting documents will need to be uploaded in pdf format only (the file size should be limited to 4 MB; in case of larger files, they may be split into multiple files with suitable nomenclature). Files in formats other than pdf shall not be accepted. For this, the Bidder shall first click on the link “Attach Docs” and upload the files in support of its Technical Bid.
14.9.2 The Bidder should note that only a file which is “attached” with a specific e-tender shall be considered during opening/ evaluation of the Technical Bid. Files which are not attached to any e- tender shall not be considered for evaluation.
14.9.3 The Bidder should also note that a Proposal will be considered as submitted if and only if the Bidder has clicked on the “Final Submission” button. Only such Proposal will be opened which have been
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finally submitted. It is further clarified that saving of Technical Bid and the Price bid consisting of the Initial Offer offer without final submission will be treated as non- submission of the Proposal.
14.9.4 Upon successful final submission, the Bidder shall receive a bid acknowledgement from the system automatically.
14.9.5 The Bidders may note that the Technical Bid and the Price bid consisting of the Initial offer submitted online as above will be encrypted by the AP E-PROCUREMENT’s own software before storage in the database. This will be done to protect the sanctity and confidentiality of the Proposals before the actual opening of the same.
14.10 Delete / Modification/ Withdrawal of Bid
14.10.1 If after final submission of Proposal and before the scheduled Proposal submission date, a Bidder wishes to make changes in its Proposal, it can do so by clicking the “Delete Bid” option. By doing so, the entire Proposal submitted by the Bidder will get deleted. A system generated email will be sent to the Bidder acknowledging the deletion. The Bidder will be able to save and submit its new Proposal again. If a Bidder deletes its Proposal and does not submit its new Proposal in the same manner as stated above, its Bid will not come up for opening or further processing.
14.10.2 If after final submission of Proposal and before the scheduled Proposal submission date, a Bidder wishes to withdraw its Proposal, it can do so by clicking the “Withdraw Bid” option. By withdrawing a Proposal, a Bidder will lose the opportunity to re-submit its Proposal against the same mine(s).
14.11 Offline Physical Submission of Certain Documents
14.11.1 The list of original documents to be physically submitted is provided in Chapter 6,8 & 9 hereof.
14.11.2 As mentioned in Chapter 6, 8 & 9, the documents shall be submitted in an envelope bearing the caption “Original Documents related to Selection of Mine Developer and Operator for Planning, Engineering, Financing, Construction, Development, Operation and Maintenance of Brahmadiha Coal Mine”. The name of the Bidder as well as the communication address, mobile number and email of its Authorized Signatory of the Bidder shall be typed on the envelope.
14.11.3 The sealed envelope shall be dropped in the Tender Box kept at the office of AP E- PROCUREMENT Limited at the address given in the Data Sheet hereof, within the Proposal Submission Date as indicated in the Schedule of Bidding Process hereof.
14.11.4 Documents submitted elsewhere and/ or after the schedules time shall not be considered.
14.11.5 The Bidders shall also note that online submission of Technical Bid and the Initial Offer with supporting documents and offline physical submission of certain original documents shall be allowed only up to closing time of online Proposal submission. Bidders in their own interest are advised to complete the entire process well in advance to avoid any last minute hiccup/ technical problems. No complaints shall be entertained in this regard at any stage.
14.11.6 The Bidder shall also physically submit 2 hard bound copies of the entire bid document, with proper page numbering, indexing etc. at the office of AP E-PROCUREMENT Limited.
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14.12 Digital Signature
14.12.1 A Bidder shall be required to possess a valid Digital Signature Certificate (DSC) of signing type to be able to submit its Bid and to participate in the Forward auction on AP E-PROCUREMENT’s website. For this purpose, Bidders shall be required to authorize its Authorized Signatory to procure a class III DSC of signing type from any Certifying Authority or their authorized agencies in India.
14.12.2 Bidders may kindly note that only one User ID will be mapped with a given DSC for the Authorized Signatory. DSC once mapped with a particular User ID of a Bidder will normally not be changed and therefore Bidders are advised to carefully select the DSC before forwarding the same to AP E- PROCUREMENT Limited for mapping.
14.12.3 The Digital Signature Certificate will be used to digitally sign the Proposals that the Bidder shall submit online. The Bidder shall be required to sign their Proposal with their respective DSC which has been used to login. Any DSC other than the above shall not be acceptable for submission of the Proposal by the system.
It will be the sole responsibility of the Bidder and its respective Authorized Signatory to maintain the secrecy of the password for the Digital Signature Certificate. The Bidder and its contact person shall be solely responsible for any misuse of the DSC and no complain / representation in this regard shall be entertained at any stage by AP E-PROCUREMENT Limited/ APMDC.
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