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Government of Andhra Pradesh

TENDER DOCUMENT

FOR

"SELECTION OF CONTRACTOR FOR COLLECTION OF


SEIGNIORAGE FEE & CONSIDERATION AMOUNT FOR
PACKAGE 2: EAST GODAVARI, & WEST GODAVARI DISTRICTS
IN THE STATE OF ANDHRA PRADESH

Directorate of Mines & Geology, Government of Andhra Pradesh

D.No. 7-104, 5th & 6th Floors, B-block, Sri Anjaneya Towers,
Ibrahimpatnam, Krishna District, AP - 521 456
Phone No. 0866 2882170, Fax: 0866 2882178
E-mail: mines-eauction@ap.gov.in

Tender No.:XXX Dated:__.__.2021

Cost of Tender Document: INR 5,00,000/- plus GST @ 18%


(Indian Rupees Five Lakhs only plus applicable GST
(@18%))
(Non-Refundable) as per Tender Document

Note: The cost of Tender Document has to be paid by the bidder through e-Payment gateway link provided
after login into AP e-Procurement website https://tender.apeprocurement.gov.in/login.html.
Director of Mines & Geology, Government of Andhra Pradesh

Issued to:
All Prospective Bidders
Terms and conditions, deadlines etc. for participating in the electronic auction are provided in the Tender
Document. This Tender Document is non-transferable.

The Package wise tender documents are available in electronic form and can be downloaded from the AP e-
Procurement website https://tender.apeprocurement.gov.in/login.html.

The complete Tender Document shall be made available for download to the bidder subsequent to payment
of a tender fees of INR 5,00,000/- plus GST @ 18% (Indian Rupees Five Lakhs only plus applicable GST
(@18%)) in the portal.

Timelines, notifications, updates and other details for the e-auction process are available on the AP e-
Procurement website https://tender.apeprocurement.gov.in/login.html

Bidders have to submit Bids on AP e-Procurement website https://tender.apeprocurement.gov.in/login.html


Data Sheet

Sl.
Parameter Details
No.

INR 485 Crores (Rs. Four Hundred and Eighty-Five


1 Reserve Price
Crores)

Amount of Bid Security


(to be furnished by Bidders during bid INR 10.10 Crores (Rupees Ten Crores and Ten
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submission as a Bank Guarantee or Lakhs only)
Security Deposit)

3 Amount of first installment INR [●]( 1/48th of Total Contract Amount)

Amount of Performance Security INR [●] (Two (2) Fortnightly Installment Amount i.e.
4 (to be furnished in the form of bank 2*(Knocked Down Amount of total contract period of
guarantee (BG)) 2 years/48))

E-mail address for submitting pre-bid


5 mines-eauction@ap.gov.in
queries

Directorate of Mines & Geology, Andhra Pradesh


D.No. 7-104, 5th & 6th Floors, B-Block,
6 Address of Department
Sri Anjaneya Towers,
Ibrahimpatnam, Krishna District, AP - 521 456

7 Website of AP e-Procurement. https://tender.apeprocurement.gov.in/login.html

Directorate of Mines & Geology, Andhra Pradesh


D.No. 7-104, 5th & 6th Floors, B-Block,
8 Venue for pre-bid meeting
Sri Anjaneya Towers,
Ibrahimpatnam, Krishna District, AP - 521 456

Sri. J.D.Srinivasa Rao


Joint Director of Mines &Geology, Andhra Pradesh
9 Nodal officer D.No.7-104, 5th & 6th Floors, Sri Anjaneya Tower,
Ibrahimpatnam, Krishna District, AP - 521456
Mobile: 9100688803

10 Tender No. [ ]

11 E-Forward auction No. [ ]

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Table of Contents

1. Important information ...................................................................................................................... 5

2. Definitions ......................................................................................................................................... 7

3. Eligibility ........................................................................................................................................... 9

4. Review period and site visit ............................................................................................................. 13

5. Pre-bid conference .......................................................................................................................... 14

6. Tender process ................................................................................................................................ 15

7. Reserve Price ................................................................................................................................... 20

8. Declaration of Successful Bidder and grant of Seigniorage fee & consideration amount
Collection Contract ........................................................................................................................................ 20

9. Bidding schedule ............................................................................................................................. 23

10. Contract period and Payments by the Successful Bidder .............................................................. 24

11. Scope of work .................................................................................................................................. 25

12. Debarring or Blacklisting of a contractor: - .................................................................................. 29

13. General conditions regarding tender process ................................................................................ 31

14. Event of Force Majeure .................................................................................................................. 35

15. Bid Security ..................................................................................................................................... 36

16. Fraud and Corrupt Practices .......................................................................................................... 38

17. Other provisions .............................................................................................................................. 39

Schedule I: Format of Technical Bid ............................................................................................................ 41

Schedule II: Format for seeking clarification regarding Tender Document ............................................... 58

Schedule III: Technical details regarding online electronic auction ........................................................... 59

Schedule IV: FORM M ................................................................................................................................. 68

Schedule V: JV/CONSORTIUM OPERATING AGREEMENT ................................................................. 73

Schedule VI - FORMAT OF PERFORMANCE SECURITY ..................................................................... 79

Schedule VII – FORMAT FOR FINANCIAL CAPABILITY ..................................................................... 83

Schedule VIII – FORMAT FOR CERTIFICATE OF TOTAL COMPLIANCE........................................ 84

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1. Important information
• This Tender Document has been issued pursuant to notification of an area with an intent
to carry out e-auction for grant of a right of Seigniorage fee & consideration amount
Collection Contract for Package 2 comprising of East Godavari, & West Godavari
districts, pursuant to the Andhra Pradesh Minor Mineral Concession Rules,1966. All
information provided in this Tender Document should be read together with the rules
made thereunder. In the event of a conflict between this Tender Document and the
rules, as the case may be, the Rules shall prevail.

• In exercise of powers conferred by rules of the Andhra Pradesh Minor Mineral


Concession Rules,1966, the Bidders are encouraged to acquaint themselves with the
rules made thereunder.

• The e-auction would be conducted in accordance with the Andhra Pradesh Minor Mineral
Concession Rules,1966, any other order or notification issued by the State Government
pursuant to the Rules and this Tender Document.

• The information contained in this Tender Document or subsequently provided to


Bidder(s), whether documentary or any other form by or on behalf of the State
Government or Department of Mines & Geology or any of its employees or advisors, is
provided to Bidder(s) on the terms and conditions set out in this Tender Document.

• This Tender Document is neither an agreement nor an offer by the Department


of Mines & Geology to the prospective Bidders or any other person. The purpose of
this Tender Document is to provide interested parties with information that may be
useful to them in making their bids pursuant to this Tender Document. This Tender
Document includes statements which reflect various assumptions and assessments
arrived at by the Department of Mines & Geology in relation to the Package. Such
assumptions, assessments and statements do not purport to contain all the information
that each Bidder may require. This Tender Document may not be appropriate for all
persons, and it is not possible for the Department of Mines & Geology, its employees
or advisors to consider the investment objectives, financial situation and particular
needs of each party who reads or uses this Tender Document. The assumptions,
assessments, statements and information contained in the Tender Document may not
be complete, accurate, adequate or correct. Each Bidder should, therefore, conduct
its own investigations and analysis and should check the accuracy, adequacy,
correctness, reliability and completeness of the assumptions, assessments, statements
and information contained in this Tender Document and obtain independent advice
from appropriate sources.

• Information provided in this Tender Document to the Bidder(s) has been collated from
several sources some of which may depend upon interpretation of Applicable Law.

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The information given is not intended to be an exhaustive on account of statutory
requirements and should not be regarded as complete. The Department of Mines &
Geology accepts no responsibility for the accuracy or otherwise for any statement
contained in this Tender Document.

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

• The Department of Mines & Geology also accepts no liability of any nature howsoever
caused arising from reliance of any Bidder upon the statements contained in this Tender
Document.

• The Department of Mines & Geology may in its absolute discretion, but without being
under any obligation to do so, update, amend or supplement the information, assessment
or assumptions contained in this Tender Document.

• The issue of this Tender Document does not imply that the Department of Mines &
Geology is bound to select a Bidder or to appoint the Qualified Bidder as Successful
Bidder for the Package 2 comprising of East Godavari, & West Godavari districts and
the Director of Mines & Geology reserves the right to reject all or any of the Bidders or
bids without assigning any reason whatsoever.

• Each Bidder shall bear all its costs associated with or relating to the preparation and
submission of its bid including but not limited to preparation, copying, postage, delivery
fees, expenses associated with any demonstrations or presentations which may be
required by the Department of Mines & Geology or any other costs incurred in connection
with or relating to its bid.

• This Tender Document is not transferable. The price paid by the Bidder for the Tender
Document shall not be refunded.

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2. Definitions
The words and expressions used herein but not defined herein shall have the same
meaning as assigned to them in the rules made thereunder. The following definitions apply
to this Tender Document, unless the context otherwise requires:

2.1. “Rules” means the Andhra Pradesh Minor Minerals Concession Rules, 1966 and
its subsequent amendments.

2.2. “Applicable Law” shall mean all applicable statutes, laws, by-laws, rules,
regulations, orders, ordinances, protocols, codes, guidelines, policies, notices,
directions, judgments, decrees or other requirements or official directive of any
governmental authority or court or other law, rule or regulation approval from the
relevant governmental authority, government resolution, directive or other
government restriction or any similar form of decision of, or determination by, or any
interpretation or adjudication having the force of law in India.

2.3. “Authorized Signatory” shall mean the individual representing a Bidder who has
been duly authorized on behalf of such Bidder to execute and submit the Bid in
accordance with the terms hereof.

2.4. “Bidder” means a person who has purchased this Tender Document, and the
expression Bidders shall include all such persons.

2.5. “Bid Due Date” means the date on which the Technical Bid and the initial price
offer is required to be submitted in accordance with the bidding schedule mentioned
in Section 9.

2.6. “Bid Security” means bid security as referred to in Section 15.

2.7. “Initial Price Offer” means initial bid amount submitted by the bidder in the first
round of auction and is equal to or greater than the reserve price.

2.8. “Floor Price” means the highest initial price offer amongst the technically qualified
bidders for the second round of online electronic auction.

2.9. “Final Price Offer” means value of the highest offer price, based on which the
Qualified Bidder was declared successful in the tender process for the particular
Package.

2.10. “Holding Company” shall have the meaning as ascribed to it under the Companies
Act 2013.

2.11. “Knocked down amount” means the highest amount above the reserve price
for the purpose of payment to the State Government quoted during the Auction
process based on which the Successful Bidder was declared successful in the
tender process for the Package.

2.12. “Performance Security” means a /Bank Guarantee in the format as provided in

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Schedule V of the Tender Document to be provided pursuant to the Andhra Pradesh
Minor Minerals Concession Rules,1966.

2.13. “Qualified Bidders” shall have the meaning ascribed thereto in Clause 6 (A) (e).

2.14. “Reserve Price”, as per Andhra Pradesh Minor Minerals Concession Rules,1966,
means the minimum bid amount fixed for a particular Package for the award of
Seigniorage fee & consideration amount collection contract as referred to in rule 10 of
APMMC Rules, 1966.

2.15. “Scheduled Commercial Bank” shall mean a Scheduled Bank as listed in the
Second Schedule of the Reserve Bank of India Act, 1934, excluding those listed
under the headings of Gramin Banks, Urban Co-operative Banks and State
Cooperative Banks.

2.16. “SCC Contract” shall mean Seigniorage Fee & Consideration amount Collection
Contract.

2.17. “State Government” means Government of Andhra Pradesh.

2.18. “Subsidiary Company” shall have the meaning as ascribed to it under the
Companies Act 2013.

2.19. “Tender Document” means this tender document together with the schedules and
documents referred herein, including any addenda and corrigenda issued to this
Tender Document.

2.20. “First Installment” means the first fortnightly installment payable by the holder of the
Seigniorage fee & consideration amount Collection Contract pursuant to the Andhra
Pradesh Minor Minerals Concession Rules,1966.

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3. Eligibility
Pursuant to Rule 10-B of the Andhra Pradesh Minor Mineral Concession Rules,1966 and
the subsequent amendments, the eligibility for participating in the e-auction shall be as
follows:

3.1. A Bidder shall be an Indian national, a proprietorship firm, a Partnership firm


incorporated under Partnership Act 1932 or Limited Liability Partnership Act 2008,
or a Company as defined in clause (20) of section 2 of the Companies Act, 2013 or
Joint Venture (JV) / Consortium upto 2 entities established duly satisfying the
eligibility condition prescribed under Section 3 of this tender document.

3.2. The net worth of the Bidder must be more than INR 100 Crores (Rupees Hundred
Crores only).

Provided, in case of JV/Consortium, at least one member of JV/consortium shall


meet the whole net worth criteria on its own.

3.3. Bidder may be a Joint Venture (JV)/Consortium of up to two entities, as per the
definition of “Bidder” in Clause-2.4 of this Tender document and should collectively
meet the requirement of the Technical Criteria and Financial Criteria of this tender
document.

a) Net worth of all the JV/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 JV/consortium Member excluding the JV/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.

b) Each of the JV/consortium Members will be required to furnish a legally


enforceable JV/Consortium Operating Agreement (JOA / COA) along with
Technical Bid holding themselves jointly and/or severally responsible and liable to
Director of Mines (DMG) to perform all contractual obligations, valid for the entire
period of the Agreement, as per the format enclosed in Schedule V of the Tender
Documents. The number of executants of the COA shall not exceed two.

c) If not registered by the time of Bid submission, the Bidder must give a written
undertaking with Bid submission as the JV/consortium up to 2 members/ partners,
all from Indian nationality and none from abroad, that they shall cause their
unlimited liability partnership and submit proof within 15 days from the date of LOA
with the Registrar of firms. All the members (either individual or firm or company
can be a member) must submit proof including lead member names with address,
e-mail, etc. along with the firm registration.

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d) Among them, the lead member’s share JV/consortium shall be not less than 51%
and the other member’ shall have the remaining to represent 100% of the
contribution.

e) The lead member of the JV/consortium members must be the registered contractor
within India & with necessary technical & Financial eligibility criteria as provided in
this Tender document.

f) The JV/consortium Agreement should clearly exhibit the responsibilities of each of


the two members. The non-lead member shall execute a Power of Attorney in favor
of the lead member authorizing the Lead Member to conduct all business for and
on behalf of the JV/consortium during (a) Tendering process and (b) execution and
for successful performance and Operation of the Seigniorage fee & Consideration
amount Collection contract.

g) The JV/consortium Agreement should contain a clause that in case the work is
awarded, the agreement / deed is irrevocable by any one or all the members
together until 3 months after completion of contract period, unless written
permission of the Director of Mines & Geology given. In case of Extension of time
granted by the Director of Mines & Geology, the deed is also deemed to be
extended for the period of such extension granted by the Director of Mines &
Geology and that it is irrevocable until 3 months after the completion of the
extended periods.

h) The JV/consortium Agreement should also include JV/consortium members to


agree that the above undertaking to be without any prejudice to the various
liabilities of the members of the JV/consortium (Contractor) including bid
security/performance security as well as all the other obligations for successful
completion of the contract. The JV/consortium members are individually and
severally responsible for all Contractual obligations till completion of contract
period plus 3 months.

i) In case of JV/consortium in meeting the requirement of eligibility criteria the


experience of any one or both the members of JV/consortium shall be considered
together to arrive the combined eligibility of the JV/consortium to determine the
bidder’s compliance.

j) In case any member of a JV/consortium bids either in individual capacity or as


Partner of the firm/ Director / MD of a company or as a member of another
JV/consortium bids for same work, all such bidders will be disqualified.

k) Foreign Companies/ Firms/ Entities/ Individuals are not eligible for participating in
the bid even as a JV/consortium. partner.

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l) The authorization if at all to be given other than to the lead member as managing
partner for the purpose of this bid, it shall be by a duly stamped and registered or
notarized power of attorney by other partner under the Indian Laws.

m) In the written undertaking it must also be mentioned that none of them are
disqualified either by blacklisting in any government contract within India or
involved in any criminal cases and no insolvency or bankruptcy proceedings are
pending against them.

Explanation:

a) In case of a company, the Net Worth shall be calculated as per the definition given in
the Companies Act, 2013 of India, i.e. the aggregate value of the paid-up share capital
and all reserves created out of the profits and securities premium account, after
deducting the aggregate value of the accumulated losses, deferred expenditure and
miscellaneous expenditure not written off, as per the audited balance sheet, but does
not include reserves created out of revaluation of assets, write-back of depreciation
and amalgamation as per the audited balance sheet of the financial year ended
immediately preceding the date of issuance of notice inviting tender viz 2020-21.

b) In case of consortium, the total net worth shall be calculated in following manner:
(Subscribed and Paid-up Equity + Reserves - Revaluation reserves - Miscellaneous
expenditure not written off - reserves not available for distribution to equity
shareholders). Format for Financial Capability in case of JV/Consortium shall be
submitted as per Schedule VII to this tender document.

c) In case the notice inviting tender is issued between 1st April to 30th September (both
days inclusive) of a year, the audited balance sheet of the financial year before the
immediately preceding financial year, from the date of issuance of notice inviting
tender, may be submitted by the bidder, if the audited balance sheet of the immediately
preceding financial year is not available.

d) In case a Bidder is a subsidiary of another company incorporated in India, the net worth
of such holding company may also be considered. Provided that, in such case, the
Bidder must continue to be a subsidiary of such holding company until such time the
Bidder meets the aforementioned net worth threshold.

e) The Scheduled Commercial Bank shall mean a Scheduled Commercial Bank as listed
in the Second Schedule of the Reserve Bank of India Act, 1934, excluding those listed
under the headings of Gramin Banks, Urban Co-operative Banks and State Co-
operative Banks.With respect to one Package, only one Bid may be submitted, either
directly or indirectly by a Bidder or any of its Group Companies. If any entity/Bidder or
any of its Group Companies submits more than one Bid, either as a single Bidder or
as part of a consortium, all such Bidder and/or Bidding Consortium shall stand

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disqualified as well.

f) The eligibility conditions shall be used only for the purposes of determining eligibility
for participating in the e-auction. The Successful Bidder shall be decided solely on the
basis of Highest Bid submitted by the eligible Bidders and fulfilment of subsequent
conditions as specified in Andhra Pradesh Minor Mineral Concession Rules,1966.

g) In case of an individual, the Net worth shall be the closing cash balance on the
preceding date of submission of bid, and such amount may include amount in Savings
Bank accounts in Scheduled Bank/ Post Office, free and un-encumbered Fixed
Deposits in Scheduled Banks, Post Office, Listed Companies/Government
Organization/Public Sector Undertaking of State and Central Government, Kisan Vikas
Patra, National Saving certificate, Bonds, Shares of Listed Companies, Listed Mutual
Funds, Unit Linked Insurance Plan, Public Provident Fund, Surrender Value of Life
Insurance policies in the name of Applicant.

h) In case of JV/consortium bidding, combination of members must meet the minimum


eligibility requirements as stipulated under Technical and Financial Criteria as above.
The entire technical criteria shall be met by the Lead member.

i) In case of bidder is claiming contractual experience where it is operating either as


individual or Firm or Company and even as part of a JV/consortium, its experience
shall be considered limited to the proportion of its Ownership or member of
JV/consortium, as the case may be.

j) All the JV/consortium members/partners shall be responsible for the contract work
completion and for defect liabilities, operation and maintenance and for further three
months jointly and severally and they shall undertake to the same effect so that they
cannot terminate the JV/consortium of partnership meantime.

k) Change in the equity shareholding in the registered (unlimited liability) partnership firm
shall only be allowed with the prior consent of the Director of Mines & Geology till the
successfully completion of contract period or for such extended time as fixed by
Director of Mines & Geology. However, the modified equity shareholding shall continue
to be in compliance with all the terms and conditions specified in the tender document.
Provided further that such change is not allowed during the 1st year of the Contract
Period.

l) The Department of Mines & Geology may grant such consent subject to the terms &
conditions as it may deem fit and proper.

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4. Review period and site visit
4.1. The Bidders shall be provided a fixed period, as mentioned in the Bidding
Schedule in Section 9, to study the Tender Document.

4.2. During such period the Bidders may undertake the site visit to lease areas in
the Package at their cost and risk to ascertain for themselves the site
conditions, location, communication, climate, availability of power, and any other
matter considered relevant by them.

4.3. This Tender Document does not however give the unconditional or unrestricted
right to access the mining lease areas. The site visit must be in compliance with
Applicable Law and rights of person(s) having surface rights over the leased areas.

4.4. In the event a Bidder undertakes a site visit, then such Bidder shall be liable
towards any loss or damage caused to the site and/or the person(s) having
surface rights over the Concession Area, on account of any act or omission of
such Bidder or its employees, authorized representatives, agents, advisors etc.

4.5. The site visit to the lease areas in the Package shall be conducted with prior
notice to the Department of Mines & Geology through the following email address
mines-eauction@ap.gov.in.

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5. Pre-bid conference
5.1. Bidders may seek clarifications or request further information regarding this
Tender Document.

5.2. Any queries or requests for additional information concerning this Tender
Document shall be sent by e-mail to the Department of Mines & Geology to mines-
eauction@ap.gov.in in the format specified in Schedule II (Format for seeking
clarifications regarding the Tender Document).

5.3. The email should clearly bear the following subject line: “Queries/Request for
Additional Information: Tender Document for Package 2 comprising of East
Godavari, & West Godavari districts.”

5.4. Each query should contain complete details of facts, information and Applicable
Law relevant to the query and also the particulars of the person or Company
posing the query. The Director of Mines & Geology reserves the right to not
answer any query, including any query which is incomplete or anonymous.

5.5. The queries should be emailed on or before the date specified in bidding schedule
for receiving queries.

5.6. The Director of Mines & Geology shall endeavor to respond to the queries within
the period specified in the bidding schedule. However, the Director of Mines &
Geology reserves the right to not respond to any question or provide any
clarification, in its sole discretion, and nothing in this Tender Document shall be
taken or read as compelling or requiring the Department of Mines & Geology or
State Government to respond to any question or to provide any clarification.

5.7. The Department of Mines & Geology shall publish the queries for which response
has been provided on <https://tender.apeprocurement.gov.in/login.html>, without
mentioning the source of queries.

5.8. Pre-bid conference(s) of the Bidders shall be convened at the designated date
as mentioned in the bidding schedule a t a time and place specified by the
Department of Mines & Geology. Only those Bidders who have purchased the
Tender Document shall be allowed to participate in the pre-bid conference.

5.9. A maximum of three representatives of each Bidder shall be allowed to participate


on production of duly issued authority letter from the Bidder and identity
documents. During the course of pre-bid conference(s), the Bidders may seek
additional clarifications and make suggestions for consideration of the Director
of Mines & Geology.

5.10. The Director of Mines & Geology shall endeavor to provide clarifications and such
further information, as it may, in its sole discretion, consider appropriate for
facilitating a fair, transparent, and competitive tender process.

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5.11. The Director of Mines & Geology may also on his own motion, if deemed necessary,
issue interpretations and clarifications to all Bidders. All clarifications and
interpretations issued by the Director of Mines & Geology shall be deemed to be
part of the Tender Document. Provided, however, that any non-written
clarifications and information provided by the Department of Mines & Geology,
its employees or representatives in any manner whatsoever shall not in any way
or manner be binding on the Department of Mines & Geology.

5.12. The Director of Mines & Geology reserves the right to reschedule or cancel the pre-
bid conference due to unforeseen circumstances with prior intimation to the Bidders.

6. Tender process
6.1. Pursuant to Rule 10-C of the Andhra Pradesh Minor Mineral Concession
Rules,1966, the e-auction shall be a two stage forward electronic auction and shall
comprise of the following two rounds:

A. First round of e-auction


(a) In the first round, the Bidders shall be required to submit on or
prior to 3 pm (IST) as per date mentioned in Bidding Schedule
in Section 9 (“Bid Due Date”):

(i) A Technical Bid comprising amongst others,


documentary evidence to confirm eligibility as per the
rules made thereunder to participate in the auction, bid
security and such other documents and payments as
may be specified in the tender document; and

(ii) an initial price offer on the electronic platform exclusive


of all taxes and duties, which shall not be less than the
reserve price as specified in Section 7.

The Technical Bid and the initial price offer must be submitted
electronically as provided in Schedule III (Technical details regarding
electronic auction).

Besides electronic submission, the duly executed original physical copies of


documents, related to the Technical Bid, mentioned in Schedule III must be
sent to the following address so that they are received on or prior to the Bid
Due Date, failing which the Technical Bid shall be deemed to be not
received.

Kind Attention:
Sri. J.D.Srinivasa Rao

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Joint Director of Mines & Geology, Andhra Pradesh
D.No. 7-104, 5th & 6th Floors, B-Block, Sri Anjaneya Towers,
Ibrahimpatnam, Krishna District, AP - 521 456
Mobile: 9100688803

(b) The Technical Bid shall be evaluated to ascertain compliance of


the Bidder with the eligibility conditions and requirements under
this Tender Document. While examining the Technical Bids the
Department of Mines & Geology may consider such parameters as
it may deem relevant, including considerations that the Technical
Bid:

(i) is received as per the prescribed formats along with all


required documents and information;

(ii) is received by the Bid Due Date including any extension


thereof;

(iii) is submitted electronically in the manner prescribed in


Schedule III (Technical details regarding electronic auction);
and the duly executed original physical copies of required
documents submitted physically;

(iv) contains all the information (complete in all respects) including


the initial price offer as requested in this Tender Document;

(v) does not contain any condition or qualification;

(vi) only one Technical Bid has been made by the Bidder;

(vii) the initial price offer is equal to or greater than the Reserve
Price; and

(viii) is generally considered to be in compliance in terms of any


other parameters as may be considered relevant by the
State Government.

(c) Only those Bidders who are found to be eligible in accordance


with the prescribed eligibility conditions and whose initial price offer is
equal to or greater than the Reserve Price and whose bids meet the
requirements under this Tender Document shall be declared as the
“Technically Qualified Bidders”.

(d) The highest initial price offer amongst the Technically Qualified
Bidders shall be the floor price for the second round of online
electronic auction.

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(e) The Technically Qualified Bidders shall be ranked on the basis of
the descending initial price offer submitted by them. On the basis of
such ranking the Technically Qualified Bidders, holding first fifty per
cent of the ranks (with any fraction rounded off to higher integer) or
the top five Technically Qualified Bidders, whichever is higher, shall
be considered to be qualified for participating in the second round
of online electronic auction (the “Qualified Bidders”). Intimation
shall be restricted only to the Qualified Bidders.

Provided that where the total number of technically qualified bidders is


less than three, then no technically qualified bidder shall be considered
to be qualified bidder and the first attempt of e- auction process shall
be annulled:

In case the Department of Mines & Geology decides to conduct the


second attempt of auction, the terms and conditions of the second
attempt of auction shall remain the same as in the first annulled attempt
of auction:

Provided further that the highest initial price offer of the technically
qualified bidders if any in the first annulled attempt shall be the reserve
price in first round of the second attempt:

Provided further that the bidding shall continue to the second round
even in case the number of technically qualified bidders is less than
three.

Provided also that if the number of technically qualified bidders is


between two and five, then all the technically qualified bidders shall be
considered as qualified bidders:

Provided also that in the event of identical initial price offers being
submitted by two or more technically qualified bidders, all such
technically qualified bidders shall be assigned the same rank for the
purposes of determination of qualified bidders and in such case, the
aforementioned fifty per cent shall stand enhanced to fifty per cent plus
the number of technically qualified bidders, whose initial price offers are
identical less the number of such identical initial price offers.

Provided that in case of annulment of the second attempt of auction, the


Director of Mines & Geology may decide to–

(i) commence the auction process de novo with a separate set


of terms and conditions and reserve price as it may deem fit
and necessary; or

17
(ii) conduct the third attempt of auction with same set of terms
and conditions of second attempt with highest initial price
offer of the technically qualified bidders if any in the second
annulled attempt shall be the reserve price in first round of
the third attempt:

Illustration:

(i) In the event there are a total of ten Technically Qualified Bidders,
and each Technically Qualified Bidder submits different initial
price offer, then the Technically Qualified Bidders holding the first
fifty per cent of ranks shall be considered to be Qualified Bidders.

(ii) In the aforementioned case, if three Technically Qualified Bidders


submit the same initial price offer and are ranked in first fifty per cent
of the total number of ranks, then all the three Technically Qualified
Bidders shall be considered to be Qualified Bidders and the total
number of Qualified Bidders shall stand increased by two.

a. The Department of Mines & Geology is not obliged to


provide any explanation or clarification on their
disqualification to Bidders who fail to qualify as Technically
Qualified Bidders.

b. Technical Bids shall be deemed to be under consideration


immediately after the submission and until such time the
Director of Mines & Geology makes official intimation of
award / rejection to the Bidders. While the tender process
is on-going, Bidders and/ or their representatives or other
interested parties are advised to refrain, save and except
as required/permitted under the Tender Document, from
contacting by any means, the Department of Mines &
Geology and/ or their employees/ representatives on
matters related to the bids under consideration.

c. Save and except as provided in this Tender Document, the


Department of Mines & Geology shall not entertain any
correspondence with any Bidder in relation to acceptance
or rejection of any bid or the tender process.

B. Second round of e-auction


(f) In the second round, the Qualified Bidders may submit their final
price offers (the “Final Price Offer”) which must be greater than
the Floor Price. The Final Price Offer may be revised till the

18
conclusion of the e-auction in accordance with the technical
specifications of the e-auction platform as specified in Schedule
III (Technical details regarding electronic auction).

(g) 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 e-auction process is annulled due
to non-submission of at least one Final Price Offer on the
electronic auction platform, the Bid Security of the Qualified
Bidder(s) who has submitted the highest Initial Price Offer i.e. the
applicable Floor Price for the second round of e-auction, shall
be forfeited in accordance with Clause 15.7.

(h) The Qualified Bidder who submits the highest Final Price Offer
shall be declared as the “Successful Bidder” immediately on
conclusion of the e-auction.

6.2. Special provisions relating to grant / determination of leases in the contract area:

- In case of new leases granted during contract period, right of collection of


Seigniorage fee & consideration amount for such leases can be included in
contract.

- Director of Mines & Geology (DMG)/Deputy Director of Mines & Geology


(DDMG). may cancel the leases during the contract period for the violations of
Rules (if any) by the leaseholders and in such case, DMG/DDMG/State
Government. will not compensate for any decrease in Seigniorage fee &
Consideration amount collections.

19
7. Reserve Price
7.1. The Reserve Price of the Package 2 is INR 485 Crores (Rs. Four Hundred and
Eighty Five Crores). The Resere Price is inclusive of Seigniorage Fee and
Consideration Amount for all minerals except Grey Barytes held by M/s APMDC Ltd
in YSR District and Sand and exclusive of GST, Stamp Duty, DMF, MERIT, and
any other applicable charges/taxes/levies.

7.2. The entire knocked down amount shall be paid by contractor in 48 (forty-eight)
equal fortnightly installments during the contract period of 2 years.

7.3. The contract may be extended, beyond 2 years as per the provisions of APMMC
Rules, 1966,by the Director of Mines & Geology on the same terms & conditions
with an increment of ten percent than the preceding year knocked down amount or
estimated revenue arrived based on the quantities dispatched in the preceding
annual contract amount, whichever is higher, shall be paid by contractor in equal
fortnightly installments.

7.4. During the e-auction, the Bidders shall put their Final Price Offer(s) over and above
the displayed highest bid by a minimum increment of Rs. 10,00,000 (Rs. Ten Lakhs
only) to become the successful bidder.

8. Declaration of Successful Bidder and grant of Seigniorage fee &


consideration amount Collection Contract
Pursuant to Rule 10 of the Andhra Pradesh Minor Mineral Concession Rules,1966, the
Seigniorage fee & consideration amount Collection Contract shall be granted to the
Successful Bidder in the following manner:

8.1. The qualified bidder who submits the highest bid shall be declared as the
“Successful Bidder” immediately on conclusion of the auction as per Rule 10 of the
Andhra Pradesh Minor Mineral Concession Rules,1966.

8.2. Director of Mines & Geology shall issue the Confirmation order to the Successful
bidder after conclusion of the second round of auction.

8.3. Subsequent to issuance of the Confirmation order, the Successful Bidder shall pay
the First Installment, and Performance Security as specified in this Section and
execute agreement in Form M with the Director of Mines & Geology within 15 days
from the date of the Confirmation order as per rule 10-D of APMMC Rules, 1966. It
is to clarify that the entire tender document and the corrigenda issued during the
tender process shall become part of the Agreement (Form-M).

8.4. : The “ Successful Bidder” shall comply with the below terms and conditions for
Grant of Seigniorage fee & consideration amount Collection Contract:

(a) continuing to be in compliance with all the terms and conditions of


eligibility;

20
(b) payment of the First Installment for an amount equal to one fortnightly
installment of 48 equal fortnightly installments of the entire knocked down
amount of contract period of 2 years i.e. (Knocked down amount of total
contract period of 2 years * (1/48))

(c) furnishing the Performance Security pursuant to the Andhra Pradesh


minor Concession Rules, 1966, which shall be valid for the period
specified in the FORM M, for an amount equal to 2 (two) fortnight
installment i.e. (Knocked down amount of total contract period of 2 years
* (2/48)). Pursuant to rule 10-D of the Andhra Pradesh Minor Minerals
Concession Rules, 1966, the Performance Security shall be fixed at
two (2) fortnightly payment in accordance with the Andhra Pradesh
Minor Minerals Concession Rules,1966.

(d) satisfying such other conditions as may be specified by the Department


of Mines & Geology and State Government.

(e) The date of the commencement of the period for which a Seigniorage
fee & consideration amount Collection Contract is granted shall be the
date of execution of Form-M.

(f) Bidder should pay all costs related to stamp duty and other statutory
charges/taxes/levies.

8.5. If the successful Bidder dies after the privilege is knocked down, his successors shall
have the right and be responsible to execute the agreement and to carry-out the
business by remitting the dues to the Government. If the successors do not want to
exercise the privilege, they should, within fifteen days from the date of death of the
successful bidder, intimate the Director their intention in writing. The amounts
deposited by the deceased Bidder shall be refunded to the legal heirs. In such cases
the Director shall issue confirmation to the second highest eligible Bidder provided
that the second highest bidder matches the highest knocked down amount.

8.6. In the event of default by the first successful Bidder for payment of the first instalment
of the knocked down amount as mentioned in this tender document or completion of
formalities for executing the agreement, the Director of Mines & Geology shall forfeit
the amount so far paid by the successful Bidder by way of deposits and the amounts
under bank guarantee and may issue Confirmation order in favor of the second
highest Bidder duly obtaining the willingness of second highest bidder to match the
highest knocked down amount within 3 working days.

21
8.7. Upon receipt of the willingness from the second highest bidder to match the highest
knocked down amount, the Director of Mines & Geology shall issue confirmation
orders with due stipulations of time limits for payment of the first instalment of the
amount and performance security as per highest knocked amount and discharging
the other formalities as per Form M, Tender document and Rule 10 of APMMC Rules,
1966.

8.8. If the second highest Bidder fails to pay the amounts or complete the formalities as
stipulated in the confirmation order, the Director of Mines & Geology shall forfeit the
amounts so far paid by the second highest bidder by way of deposits including the
Bank Guarantees to the Government and the Director shall issue notice inviting
tender again with the same reserve price.

8.9. The right of collection of seigniorage fee and consideration amount obtained through
electronic auction is not liable for transfer.

22
9. Bidding schedule

Tentative Date
Sl. No. Event Description
schedule

Publication of notice inviting tender in the website of AP T0


1
e-Procurement portal

Commencement of sale of Tender Document, T0


2 registration of bidders and payment of bid document cost
in AP e-Procurement portal)

3 Last date for purchase of Tender Document. T0+21

4 Last date of receiving queries from Bidders T0+7

5 Pre-bid conference for registered bidders T0+9

Last date for responses to queries by the Department of T0+14


6
Mines & Geology

Bid Due Date (Technical + Initial Price Offer) T1+24


7
(On or before 3 hrs IST)

Opening of the Technical Bids (on e-tendering site) as T1+24


8 well as opening of original documents submitted
physically

9 Start date for examination of the Technical Bids T1+24

10 Announcement of the Technically Qualified Bidders T1+30

Training and mock-auctions for all the Technically T1+31


11 Qualified Bidders on e-auction platform by AP
eProcurement Portal

Opening of initial price offers of Technically Qualified T1+32


12
Bidders and intimation of Qualified Bidders

Conduct of ascending forward electronic auction and T1+34


13 submission of Final Price Offer on the electronic
auction platform

14 Announcement of Successful bidder T1+34

15 Issue of Confirmation order to the successful bidder T1+35


Payment of 1st installment and Performance Security by
16 T1+50
the successful bidder and Execution of form M with DMG

Note:
— T0 refers to the date of publication of notice inviting tender on the AP e-Procurement portal.
— The timeline shown above is based on calendar days.
— In case any of the dates fall on a holiday/ Sunday, the date will automatically shift to the next
working day.

23
10. Contract period and Payments by the Successful Bidder
10.1. Contract period

The period of right of collection of Seigniorage fee & consideration amount in respect
of all Minor Minerals except Grey Barytes held by M/s APMDC Ltd in YSR District
and Sand within the Package shall be granted for two years subject to the conditions
prescribed in the Rule 10 of APMMC Rules, 1966.

10.2. First Installment

The First Installment shall be paid as per the procedure laid down in Clause 8.3 of
this tender document.

10.3. Periodic payments

A holder of Seigniorage fee & consideration amount Collection Contract shall make
such payments as specified in Rule 10-E of the Andhra Pradesh Minor Mineral
Concession Rules,1966.

It is clarified that, the holder of Seigniorage fee & consideration amount Collection
Contract shall make fortnightly payments with respect to the Total Contract value
as specified in the Seigniorage fee & consideration amount Collection Contract.

The Performance Security shall be released by the Director after the three months
after the expiry of the lease period provided the Contractor fulfils all the contract
conditions and other provisions of the Andhra Pradesh Minor Mineral Concession
Rules, 1966.

The successful Bidder on executing the agreement in Form M of APMMC Rules,


1966 shall pay the fortnightly installments before the commencement of the
succeeding fortnight.

10.4. Interest

The Department shall charge interest or levy penalties on non- fulfilment of


payments by the Successful Bidder as detailed in Rule 10 of the Andhra Pradesh
Minor Mineral Concession Rules, 1966.

The Director shall levy an interest of 24% (Twenty four percent) per annum on the
delayed payments.

10.5. Non-receipt of fortnightly installments

In case of non - receipt of fortnightly instalment for any fortnight, the Contractor’s
right of collection of Seigniorage fee & consideration amount will be ceased and
the Director shall arrange for alternative mechanism for collection of Seigniorage
fee & consideration amount immediately after the commencement of next
fortnight. Provided that the Director of Mines & Geology reserves the right to

24
release the amount to contractor for the said period on successful payment of the
knockdown amount.

In case of late payment of fortnightly installments for more than 3 consecutive


fortnights, the Director of Mines & Geology shall issue a show-cause-notice to the
Contractor requesting to pay the due amounts within 15 days.

Failing which, the Director may terminate the contract with reasons recorded in
writing and the Performance security paid by the Contractor shall be forfeited.

10.6. In case of termination of a Contract, the Seigniorage Fee and consideration


amount collection shall be done as per the regular permit system administered
under Rule 12 (5)(h) and Rule 34 of APMMC Rules, 1966 until a new contract is
duly awarded for the respective package.

Failing which, the Director may terminate the contract with reasons recorded in
writing and the Performance security paid by the Contractor shall be forfeited.

In case of non - receipt of fortnightly installment for any fortnight, the Contractor’s
right of collection of Seigniorage fee and consideration amount will be ceased and
the Director shall arrange for alternative mechanism for collection of Seigniorage
fee and consideration amount.

Provided that the State Government reserves the right to release the amount to the
contractor for the said period on successful payment of the knockdown amount.

11. Scope of work

11.1. The Bidder after executing the agreement in Form M prescribed in Rule 10-D of
APMMC Rules, 1966 will be at liberty to:

(i) Collect the Seigniorage fee after the exhaustion of the Dead rent in every quarter
paid by the leaseholders and Consideration Amount from the leases existing in the
package as per the Rule 10 of APMMC Rules, 1966.
(ii) Collect Seigniorage fee for such excess quantity of mineral mentioned in the transit
form arrived after weighment after exhaustion of the Dead rent in every quarter paid
by the leaseholders and consideration amount.
(iii) Collect the seigniorage fee & consideration amount from all the new leases granted
during the currency of the Contract period.
(iv) Collect excess seigniorage fee and consideration amount only from such vehicles
which are having valid transit forms issued by the lessees and issue confirmed transit
form for the actual quantity under dispatch. The mineral carrying vehicles shall carry
both unconfirmed and confirmed transit forms after issuance of confirmed transit
form by the contractor.

25
(v) Collect seigniorage fee & consideration amount on the dispatch of minor minerals as
specified in rule 10(A)(1) from the area specified in the contract and not on minor
minerals brought from outside the contract area or from the major mineral leases.

Provided that the Contractor shall collect Seigniorage fee & consideration amount of
Minor Minerals dispatches from major mineral lease as well as per the procedure
laid down in this tender document and Rule 10 of APMMC Rules 1966.

Provided that the minor mineral carrying vehicles of leaseholders falling in Other
SCC Contract areas arrive at the weighbridges of the contractor for weighment, the
details of such vehicles shall be reported to ADMG/DDMG concerned.

(vi) Bring to the notice of Department of Mines & Geology on the details of vehicles
involved in illegal transportation of minerals for taking necessary action.
(vii) Collect the consideration amount as notified by Government from the leases/permit
holders.
11.2. Responsibilities of the Bidder:– The Bidder after executing the agreement in Form
M prescribed in Rule 10-D of APMMC Rules, 1966 will be responsible to:

(i) Issue photo identity card duly signed and stamped by the Director of Mines and
Geology to all persons employed by him for seigniorage fee & consideration amount
collection. The contractor shall submit a list of persons to be engaged for
seigniorage fee & consideration amount collection along with photo identity card.
Such identity cards shall be valid during the currency of the contract only. All the
persons shall keep the identity card displaying with them during collection of
seigniorage fee & consideration amount.

(ii) Erect reflecting sign boards at each Check post clearly visible and legible from a
distance mentioning name of the contractor, area of the contract, name of mineral,
rate of seigniorage fee & consideration amount, permit fee and other applicable
charges (if any) and name and contact number of the Director of Mines and Geology
for any complaint.

(iii) Abide by all the terms and conditions of the contract and any amendment made
under these rules and shall also follow all the instructions issued by the Government
or any officer of the department.

(iv) Make his own arrangements for establishment of weighbridges on his/her own or
hire basis and integrate with the Department of Mines & Geology website duly
certified by Weights and Measures Department for collection of seigniorage fee &
consideration amount and other permissible charges. In case of availability of
Weighbridges already empaneled weighbridges in the Contract area, the Bidder

26
shall liaise with the empaneled weighbridge for weighment and generation of transit
forms of the mineral carrying vehicles during the tenure of the contract period.

(v) Collect the seigniorage fee & consideration amount as far as possible, close to lease
or license area and if not feasible, at any other place near the lease/license area but
within the jurisdiction of the contract area:

(vi) Such places shall only be established after due intimation and with prior approval in
writing from the Director of Mines and Geology. The Director of Mines and Geology
may refuse to grant permission for reasons to be recorded in writing for any
particular place and shall communicate to the contractor.

11.3. Restrictions on the Bidder:–

The following restrictions shall be applicable to Contractor:

The contractor shall not:

(i) Collect seigniorage fee and consideration amount from Temporary permit holders
except persons/organizations who obtained quarry leases with exemption from
payment of seigniorage fee and consideration amount.

(ii) Collect the seigniorage fee & consideration amount from any persons/companies
who are not the quarry lease/permit holders.

(iii) Levy and collect penalty from illegal mineral transporters.

(iv) Have any right for any type of compensation arising out of non-working of the
quarries and due to expiry, lapse, determination, cancellation etc., of the leases.

(v) Recover any seigniorage fee & consideration amount and/or permit fee from the
minerals used in special works or schemes as specified by the Government, from
time to time.

(vi) Collect Seigniorage fee and Consideration amount of Grey Barytes held by M/s
APMDC Ltd in YSR District and Sand.

11.4. Other conditions:–

(i) Where the contractor recovers seigniorage fee & consideration amount or other
charges in excess of the specified rates, the excess amount so collected shall be
recovered from the contractor and the contract shall be terminated after giving a
fifteen days’ notice and the contractor may be blacklisted or debarred for further
seigniorage fee & consideration amount collection contract for a period of next five
years.

(ii) The contractor shall have no right whatsoever, with respect to the leases or
licenses in the contract area except the collection of seigniorage fee &
consideration amount, permit fee or other charges mentioned in the contract for

27
the actual weight of the mineral transported at the prevailing rates for which
contract has been awarded.

(iii) Cancellation and surrender of lease or license, sanctioning of new lease or license,
revision of dead rent of existing lease, temporary or permanent closure of lease by
the Government or Court or due to any other reason in the area concerned, shall
not have any impact on the yearly contract amount.

(iv) The Director of Mines & Geology shall prescribe guidelines and technical
specifications for empanelment and operation of weighbridges from time to time.

11.5. Other responsibilities: –

The Bidder after executing the agreement in Form M prescribed in Rule 10-D of APMMC Rules,
1966 will be responsible to:
(i) Project Office, Key Personnel and Governance Structure:
a) The SCC Contractor shall setup a Project Office, with key personnel of the team
from the Contractor, within the District headquarters to ensure access and
availability of the key personnel of the contractor’s team to the Department staff
on a short notice.
b) The Office has to be setup within two months of the award of Letter of Intent (LoI)
or before Contract Commencement whichever is earlier.
c) SCC Contractor shall depute senior resources to represent the Contractor in the
Committees setup by Department to monitor the contract and to any meetings as
convened by the Government, DMG, DDMG & ADMG concerned from time to
time.
d) The SCC Contractor shall ensure availability of the staff 24 x 7 for the Department
staff for any assistance as required by the Department from time to time.
(ii) In addition to any meetings described in the Tender document, the Contractors (and their
designees) shall attend meetings at least twice every month or as instructed by
Government, DMG, DDMG & ADMG concerned until completion of the Mobilization in
order to review the status of the mobilization and take appropriate action.
(iii) SCC Contractor will provide DMG with detailed reports during mobilization and operational
status of the weighbridges, system integration and any other requisite details as and
whenever required.
(iv) During mobilization of resources and systems, SCC contractor shall inform DDMG
Concerned/ADMG Concerned under the intimation to DMG of the current status of the
Mobilization and Operational Plan activities through reports, proactive discussions, and
the proactive sharing of information.

28
(v) SCC Contractor shall have responsibility for all costs associated with Contractor’s
Personnel, or other resources required to execute and shall manage the Contract during
the contract period.
(vi) The SCC Contractor shall establish new weighbridges or use existing weighbridges duly
empaneling such intended weighbridges with the Department of Mines & Geology as per
the procedure laid down by Director of Mines & Geology. Director of Mines & Geology has
(vii) Further, the SCC Contractor shall utilize the already empaneled weighbridges of
Department for weighment of mineral carrying vehicles.
(viii) The contractor shall file the GST returns with concerned Departments regularly as per the
terms and conditions of GST rules and any other rules and procedure in vogue duly
considering the revenues and expenditure towards implementation of SCC contract, with
a copy of the Returns filed to be sent to DMG.
(ix) The contractor shall ensure statutory compliance under various applicable Acts and Rules
during the implementation of SCC contract with a copy of the Compliance report/Returns
to be sent to DMG.
(x) The contractor shall attach the evidence for the same with the monthly mandatory
document filing at the concerned office.

(xi) The Contractor shall submit monthly return in Form C-1 to Concession Rules 1966 to the
Director for every month before 10th day of the succeeding Month.

(xii) The Contractor shall adhere to the terms and conditions of the Agreement, APMMC Rules
1966 and all other applicable law, rules, Government orders, instructions issued by
Government and Department of Mines & Geology from time to time.

12. Debarring or Blacklisting of a contractor: -


12.1. The Director of Mines & Geology after recording reasons in writing may debar the
contractor for participating in contract due to any of the following reasons, namely: -

i. where the contractor does not execute contract, deposits security, performance security
or advance installment after sanction of the contract.

ii. where the contractor is found guilty of recovering seigniorage fee & consideration amount
and/or permit fees and/or other charges in excess of the specified rates.

iii. where the contractor is found to have directly or indirectly or through an agent, engaged
or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice during the tender process, or after the grant or execution of
the contract and there are sufficient reasons to believe that the contractor or his employee
has been guilty of malpractices such as bribery, corruption, fraud, vitiating fair auction
process;

iv. where the contractor or his partner or his representative is found guilty of misbehavior with
any officer or official of the Government connected with the contract directly or indirectly;

29
and

v. where the contractor or his partner or his representative has been convicted by a court of
law for offence involving moral turpitude arising out of the contract.

12.2. The competent authority after debarring the contractor may blacklist the contractor for
participating in future contracts for a period of three years after giving him a fifteen days’
notice.

12.3. The competent authority after debarring the contractor for a second time may blacklist the
contractor for participating in future contracts for a period of ten years after giving him a
fifteen days’ notice.

30
13. General conditions regarding tender process
13.1.Submission of Technical Bid

13.1.1. The Technical Bid shall comprise of the documents as mentioned in Schedule I:
Format of Technical Bid:

13.1.2. The Technical Bid shall be submitted on the electronic platform and the duly
executed original physical copies of documents mentioned in Schedule III must be
sent to the following address so that they are received on or prior to the Bid Due
Date and Time, failing which the Technical Bid shall be deemed to be not received.

Sri. J.D.Srinivasa Rao


Joint Director of Mines & Geology, Andhra Pradesh
D.No. 7-104, 5th & 6th Floors, Sri Anjaneya Towers,
Ibrahimpatnam, Krishna District, AP - 521 456
Mobile: 9100688803

13.2. Language

The Bid and all communications in relation to or concerning the Tender Document and
the Bid are required to be in the English language.

13.3. Documents and information

The documents including this Tender Document and all attached documents, provided
by the Department of Mines & Geology are and shall remain or become the properties
of the Department of Mines & Geology and are transmitted to the Bidders solely for the
purpose of preparation and the submission of a bid in accordance herewith. Bidders
are required to treat all such information as strictly confidential and shall not use it for
any purpose other than for preparation and submission of their bid. The provisions of
this Clause shall also apply to bids and all other documents submitted by the Bidders
in relation to the bid, and the Department of Mines & Geology shall not return to the
Bidders any bid, document or any information provided along therewith.

13.4. Overriding effect

If there is a conflict between the APMMC Rules, 1966 covering Seigniorage fee &
consideration amount Collection Contract which is inclusive of the FORM M and this
Tender Document, the APMMC Rules, 1966 covering Seigniorage fee & consideration
amount Collection Contract which is inclusive of the FORM M would have overriding
effect.

13.5. Cost of bidding

The Bidders shall be responsible for all of the costs associated with the preparation of
their bids and their participation in the tender process. The Department of Mines &

31
Geology will not be responsible or in any way liable for such costs, regardless of the
conduct or outcome of the tender process.

13.6. Verification of information by the Bidders

13.6.1. It shall be deemed that by submitting a bid, the Bidder has:

(a) made a complete and careful examination of the Tender Document


and unconditionally and irrevocably accepted the terms thereof;

(b) reviewed all relevant information provided by the Director of Mines &
Geology, as may be relevant to the bid;

(c) accepted the risk of inadequacy, error or mistake in the information


provided in the Tender Document or furnished by or on behalf of
the Department of Mines & Geology relating to any of the matters
related to the e-auction process.

(d) satisfied itself about all matters regarding the e-auction process for
submitting an informed bid, in accordance with this Tender Document
and performance of all of its obligations;

(e) acknowledged and agreed that inadequacy, lack of completeness


or incorrectness of information provided in the Tender Document
or ignorance of any of the matters related to the e-auction process
hereinabove shall not be a basis for any claim for compensation,
damages, extension of time for performance of its obligations, loss
of profits etc. from the Department of Mines & Geology, or a ground
for termination of the FORM M by the Successful Bidder; and

(f) agreed to be bound by the undertakings provided by it under and


in terms hereof.

13.6.2. The Department of Mines & Geology shall not be liable for any omission,
mistake or error in respect of any of the information provided or on account
of any matter or thing arising out of or concerning or relating to the Tender
Document or the tender process, including any error or mistake therein or in
any information or data given by the Department of Mines & Geology.

13.7. Verification by the Department of Mines & Geology and disqualification

13.7.1. The Department of Mines & Geology reserves the right to verify all
statements, information and documents submitted by the Bidder in
response to the Tender Document and the Bidder shall, when so required
by the Department of Mines & Geology, make available all such

32
information, evidence and documents as may be necessary for such
verification. Any such verification or lack of such verification by the
Department of Mines & Geology shall not relieve the Bidder of its
obligations or liabilities hereunder nor will it affect any rights of the
Department of Mines & Geology thereunder.

13.7.2. The Director of Mines & Geology reserves the right to reject any bid, and
appropriate the entire Bid Security if:

a) at any time, a misrepresentation is made or uncovered,

b) the Bidder does not provide, within the time specified by the
Department of Mines & Geology, the supplemental information sought
by the Department of Mines & Geology for evaluation of the bid, or

c) any act or omission of the Bidder results in violation of or non-


compliance with the rules thereunder, this Tender Document, or any
other document referred therein or issued pursuant thereto or any
Applicable Law relevant for the tender process.

d) The Qualified Bidder in case does not make the initial payment within
the specified time limits.

13.7.3. Any rejection of a bid under Clause 13.7.2 may lead to the disqualification
of the Bidder for bidding for any e-auction or allotment conducted by the
Director of Mines & Geology for a period of 5 years starting from the date
of appropriation of the Bid Security or any other earlier date specified by
the Director of Mines & Geology.

13.7.4. In the aforementioned events, the Director of Mines & Geology shall be
entitled to forfeit and appropriate the Bid Security or Performance Security,
as the case may be, without prejudice to any other right or remedy that
may be available to the Department of Mines & Geology under the Tender
Document, or otherwise, without any liability whatsoever.

13.8. Amendment of Tender Document

13.8.1. At any time prior to the Bid Due Date, the Department of Mines & Geology
may, for any reason, whether at its own initiative or in response to clarifications
requested by a Bidder, amend the Tender Document.

13.8.2. Any amendment issued hereunder will be in writing and shall be made available
to all the Bidders and shall be deemed to be part of the Tender Document.

13.8.3. In order to afford the Bidders a reasonable time for taking an amendment into
account, or for any other reason, the Department of Mines & Geology may, in
its sole discretion, extend the Bid Due Date in accordance with Clause 13.9.

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13.9. Bid Due Date and extension

13.9.1. Technical Bids should be uploaded, and the documents required to be submitted
physically in original pursuant to the bidding schedule must be received before
the Bid Due Date. Technical Bids received by the Department of Mines & Geology
after the specified time on the Bid Due Date shall not be eligible for consideration
and shall be summarily rejected.

13.9.2. The Department of Mines & Geology may, in its sole discretion, extend the Bid
Due Date by issuing an amendment that is made available to all Bidders.

13.10. Modifications/ substitution/ withdrawal of bids

The Bidders may modify, substitute or withdraw its Technical Bid after
submission, prior to the Bid Due Date. No Technical Bid shall be modified,
substituted or withdrawn by the Bidders on or after the Bid Due Date, unless
the same has been expressly sought by the Department of Mines & Geology.

13.11. Rejection of bids

13.11.1. Notwithstanding anything contained in this Tender Document, the Director of


Mines & Geology reserves the right to reject any bid and/or to annul the tender
process and reject all bids at any time without any liability or any obligation
for such acceptance, rejection or annulment, and without assigning any
reasons thereof.

13.11.2. In case such cancellation is pursuant to non-compliance by the relevant Bidders


vis-à-vis submissions of bid then the Director of Mines & Geology reserves the
right to appropriate the relevant Bid Security submitted by such non-compliant
Bidders.

13.11.3. The Director of Mines & Geology reserves the right not to proceed with the tender
process at any time, without notice or liability, and to reject any bid without
assigning any reasons.

13.11.4. Without prejudice to the generality of the foregoing, the Director of Mines &
Geology reserves the right to reject any bid on any criteria specified in this Tender
Document, including without limitation, the following:

• bids have not been submitted with all the information and details listed in this
Tender Document.
• bid is not in conforming to the terms of Section 3 of this Tender Document.
• bids have been submitted without Bid Security or period of validity.
• bids have otherwise not been submitted in accordance with the Tender
Document.

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13.12. Validity of bids

The initial price offer shall be valid for a period of 180 days from the Bid Due Date.
If the second round of e-auction is not conducted within a period of 180 days from
the Bid Due Date, then the e-auction process will be annulled and the Department
of Mines & Geology will refund the price of Tender Document to the Bidders.

Provided that the second round of e-Auction may be conducted beyond the said
period duly intimating the same to the bidders.

13.13. Change affecting the Bidder

Upon submission of the Technical Bid, any change affecting the Bidder regarding
compliance with the eligibility conditions shall result in disqualification of the
Bidder. Any change in any information submitted by the Bidder must be
immediately communicated to the Department of Mines & Geology.

13.14. Minor deviations

The Department of Mines & Geology may permit minor deviations from the
requirements of this Tender Documents. It is clarified that such minor deviation
would not be permitted in matters related to eligibility and shall be permitted
only with respect to procedural requirements. The decision of the Director of
Mines & Geology regarding what constitutes minor deviation shall be final and
binding.

14. Event of Force Majeure


14.1. Event of Force Majeure means any of the following events or circumstances or
combination of the following events or circumstances which are beyond the
reasonable control of the Successful Bidder, which could not have been prevented
by Good Industry Practice or by the exercise of reasonable skill and care and
which or any consequences of which, have a material and adverse effect upon the
performance by the Successful Bidder of its obligations or enjoyment of its rights:

(i) acts of God, flood, drought, earthquake or other natural disaster;

(ii) epidemic or pandemic;

(iii) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation
for war, armed conflict, imposition of sanctions, embargo, or breaking off of
diplomatic relations;

(iv) nuclear, chemical or biological contamination or sonic boom;

(v) collapse of buildings/mines, fire, explosion or accident; or

(vi) any labour or trade dispute, strikes, industrial action or lockouts (other than those

35
solely affecting Successful Bidder claiming the same as an Event of Force
Majeure and attributable to such Successful Bidder’s policies regarding labour,
compensation or employment or labour related conditions).

14.2. Provided it has complied with Clause 14.3, if the Successful Bidder is prevented,
hindered or delayed in or from performing any of its obligations under this Agreement
by an Event of Force Majeure, the Successful Bidder shall not be in breach of this
Agreement or otherwise liable for any such failure or delay in the performance of
such obligations.

14.3. Upon occurrence of an Event of Force Majeure, the Successful Bidder shall:

(i) as soon as reasonably practicable after the start of the Event of Force
Majeure but no later than fifteen days from its start, notify the Director of
Mines & Geology in writing of the Event of Force Majeure, the date on which
it started, its likely or potential duration, and the effect of the Event of Force
Majeure on its ability to perform any of its obligations under this Agreement;
and

(ii) use all reasonable endeavours to mitigate the effect of the Event of Force
Majeure on the performance of its obligations including following of Good
Industry Practice.

14.4. If an obligation is suspended by reason of an Event of Force Majeure for more than
[one] month continuously, the Parties shall enter into good faith negotiations to
revise the terms of this Agreement to reflect the changed circumstances, provided
that this Agreement shall remain in effect during the period during which the Parties
are negotiating the terms of any such revision.

15. Bid Security


15.1. The Bidder shall furnish as part of its Technical Bid, a security in the form of a
security deposit or bank guarantee payable at SBI Ibrahimpatnam, Vijayawada
Branch having IFSC Code- SBIN0018876 by a Scheduled Bank as listed in the
Second Schedule of the Reserve Bank of India Act, 1934, excluding those
listed under the headings of Gramin Banks, Urban Co-operative Banks and State
Co-operative Banks, in favor of the Director of Mines & Geology in substantially
the same format as prescribed at Part C of Schedule I (Format of bid security),
and having a validity period of not less than 180 days from the Bid Due Date,
inclusive of a claim period of 360 days, and may be substituted with another bank
guarantee of the same value issued in accordance with this Clause, which is
valid for an extended period as may be mutually agreed between the Director
of Mines & Geology and the Bidder from time to time.

36
15.2. The Bid Security shall be addressed to

Sri. J.D.Srinivasa Rao


Joint Director of Mines & Geology, Andhra Pradesh
D.No. 7-104, 5th & 6th Floors, Sri Anjaneya Towers,
Ibrahimpatnam, Krishna District, AP - 521 456
Mobile: 9100688803

15.3. The Bid Security shall be for INR 10,10,00,000 (One Fortnight installment i.e.
Reserve price of total contract period of 2 years*(1/48) I.e. Rs. Ten Crores and Ten
Lakhs).

15.4. Save and except as provided in this Tender Document, the Bid Security of
unsuccessful Bidders will be returned by the agency appointed for auction, without
any interest.

15.5. The Director of Mines & Geology shall be entitled to forfeit and appropriate the
Bid Security as damages, amongst others in any of the events specified in
this Tender Document. The Bidder, by submitting its bid pursuant to this Tender
Document, shall be deemed to have acknowledged and confirmed that the
Department of Mines & Geology will suffer loss and damage on account of
withdrawal of its bid or for any other default by the Bidder during the period of
bid validity as specified in this Tender Document. No relaxation of any kind on Bid
Security shall be given to any Bidder.

15.6. The Bid Security shall be forfeited as damages without prejudice to any other right
or remedy that may be available to the Department of Mines & Geology under
the Tender Document and/or otherwise, under, inter alia, the following conditions:

(a) If a Bidder submits a Technical Bid which is not conforming to this


Tender Document, the rules framed thereunder or submits an initial price
offer which is less than the Reserve Price;

(b) If a Bidder engages in a Corrupt Practice, Fraudulent Practice, Coercive


Practice, Undesirable Practice or Restrictive Practice as specified in
Section 16 of this Tender Document;

(c) If a Bidder withdraws its bid during the period of bid validity as specified
in this Tender Document or as extended by mutual consent of the
respective Bidder(s) and the Director of Mines & Geology;

(d) In the case of Successful Bidder, if it fails within the specified time limit
to furnish the Performance Security and make payment of First
Installment within the period prescribed in this Tender Document; or

37
(e) If the e-auction process is annulled due to non-submission of at least
one Final Price Offer on the electronic e-auction platform by the Qualified
Bidder(s), the bid security of the technically qualified bidder who has
submitted the highest Initial Price Offer i.e. the applicable Floor Price for
the second round of e-auction shall be forfeited.

16. Fraud and Corrupt Practices


16.1. The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the tender process and
subsequent to the grant of the Seigniorage fee & consideration amount Collection
Contract. Notwithstanding anything to the contrary contained herein, the Director
of Mines & Geology may reject a bid, withdraw the Seigniorage fee &
consideration amount Collection Contract, or terminate the FORM M, as the case
may be, without being liable in any manner whatsoever to the Bidder, Technically
Qualified Bidder, Qualified Bidder, or the Successful Bidder, as the case may
be, if the Director of Mines & Geology determines that the Bidder, Technically
Qualified Bidder, Qualified Bidder, or Successful Bidder, as the case may be,
has, directly or indirectly or through an agent, engaged in Corrupt Practice,
Fraudulent Practice, Coercive Practice, Undesirable Practice or Restrictive Practice
in the tender process. In such an event, the Director of Mines & Geology shall
be entitled to forfeit and appropriate the Bid Security or Performance Security,
as the case may be, as damages, without prejudice to any other right or remedy
that may be available to the Director of Mines & Geology under the Tender
Document and/ or otherwise.

16.2. Without prejudice to the rights of the Director of Mines & Geology under Clause
16.1 herein and the rights and remedies which the State Government may
have under the Seigniorage fee & consideration amount Collection Contract or the
FORM M, or otherwise if a Bidder, Qualified Bidder or Successful Bidder, as the
case may be, is found by the Department of Mines & Geology to have directly or
indirectly or through an agent, engaged or indulged in any Corrupt Practice,
Fraudulent Practice, Coercive Practice, Undesirable Practice or Restrictive
Practice during the tender process, or after the grant of the Seigniorage fee &
consideration amount Collection Contract or the execution of the FORM M, such
Bidder or Successful Bidder shall not be eligible to participate in any tender or
Tender Document issued by the Department of Mines & Geology during a period
of 5 years from the date such Bidder or Successful Bidder, as the case may be,
is found by the Department of Mines & Geology to have directly or indirectly or
through an agent, engaged or indulged in any Corrupt Practice, Fraudulent
Practice, Coercive Practice, Undesirable Practice or Restrictive Practices, as the

38
case may be.

16.3. For the purposes of this Tender Document, the following terms shall have the
meaning hereinafter respectively assigned to them:

(a) “Corrupt Practice” means (i) the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the actions of any
person connected with the tender process (for avoidance of doubt, offering
of employment to or employing or engaging in any manner whatsoever,
directly or indirectly, any official of the Department of Mines & Geology
who is or has been associated in any manner, directly or indirectly, with
the tender process or arising therefrom, before or after the execution
thereof, at any time prior to the expiry of 1 year from the date such official
resigns or retires from or otherwise ceases to be in the service of the
Department of Mines & Geology, shall be deemed to constitute
influencing the actions of a person connected with the tender process); or
(ii) save and except as permitted under this Tender Document, engaging
in any manner whatsoever, whether during the tender process or after the
grant of the Seigniorage fee & consideration amount Collection Contract
or after the execution of the FORM M, as the case may be;

(b) “Fraudulent Practice” means a misrepresentation or omission of facts or


suppression of facts or disclosure of incomplete facts, in order to
influence the tender process;

(c) “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 tender process;

(d) “Undesirable Practice” means (i) establishing contact with any person
connected with or employed or engaged by the Department of Mines &
Geology with the objective of canvassing, lobbying or in any manner
influencing or attempting to influence the tender process; (ii) having a
conflict of interest; or (iii) violating of any Applicable Law; and

(e) “Restrictive Practice” means forming a cartel or arriving at any


understanding or arrangement among Bidders with the objective of
restricting or manipulating a full and fair competition in the tender
process.

17. Other provisions


17.1. Governing law

39
The tender process shall be governed by, and construed in accordance with,
the laws of India.

17.2. Right of Director of Mines & Geology

17.2.1. The Director of Mines & Geology, in his sole discretion and without incurring
any obligation or liability, reserves the right, at any time, to;

(a) suspend and/ or cancel the tender process and/or amend and/or
supplement the tender process or modify the dates or other terms
and conditions relating thereto;

(b) ask, produce or demand and receive such other clarification/ information
from any Bidder as it may deem fit in connection with the tender process;

(c) retain any information and/ or evidence submitted to the Director of


Mines & Geology by, on behalf of, and/ or in relation to any Bidder;
and/ or

(d) independently verify, disqualify, reject and/ or accept all submissions


or other information and/ or evidence submitted by or on behalf of any
Bidder.

(e) Terminate the contract or agreement.

17.2.2. It shall be deemed that by submitting the bid, the Bidder agrees and releases
the Department of Mines & Geology, its employees, agents and advisers,
irrevocably, unconditionally, fully and finally from any and all liability for claims,
losses, damages, costs, expenses or liabilities in any way related to or arising
from the exercise of any rights and/ or performance of any obligations
hereunder, pursuant hereto and/ or in connection with the tender process and
waives, to the fullest extent permitted by Applicable Law, any and all rights
and/or claims it may have in this respect, whether actual or contingent, whether
present or in future, in law, contracts, equity or otherwise.

17.2.3. The director reserves the right to modify the knocked down amount payable by
the successful bidder in case of changes in Rules, Laws or Government orders
regarding APMMC Rules, 1966.

17.3. Jurisdiction

In any event of dispute arising out of process of e-auction, the Andhra Pradesh
High Court shall only have the jurisdiction.

40
Schedule I: Format of Technical Bid

A. General instructions:
The Technical Bid comprises of the following documents:

(a) Bid letter in the format specified in Part B (Format of bid letter);

(b) Bid Security in form of a security deposit or bank guarantee for an amount equal to
INR 10,10,00,000 (Rs. Ten Crores and Ten Lakhs only) (One Fortnight installment i.e.
Reserve price of total contract period of 2 years*(1/48)) and payable at SBI
Ibrahimpatnam, Vijayawada Branch having IFSC Code- SBIN0018876 in the format
specified in Part C (Format of bid security);

(c) A power of attorney in the format specified in Part D (Format of power of attorney)
authorizing the signatory of the bid to participate in the tender process and do all acts
pursuant thereto on behalf of the Bidder, including usage of the digital signature on
behalf of the Bidder.;

(d) Affidavit in the format specified in Part E (Format of affidavit).

(e) A true copy of the certificate of incorporation and the Memorandum and Articles of
Association, duly attested by the signatory of the bid.

(f) Documents to evidence compliance with the eligibility conditions must be enclosed with
the bid letter and all other bid documents, duly certified by one of the directors of the
Bidder/authorized signatory, in case the Bidder is a company, or self-attested in case
the Bidder is an individual.

• Audited financial statements (comprising of cash flows, profit & loss account and
balance sheet) indicating annual revenue of the immediately preceding last three
financial years.

• Net worth of the immediately preceding financial year viz FY 2020-21, certified by
statutory auditor. Shareholding pattern including name of the promoter(s)/ owner(s) as
on 31st March, 2021, certified by statutory auditor.

(g) Copy of the following documents

• GST Certificate

• Firm's PAN and TAN Card or certificate. If the Bidder is a JV/consortium, all members
of JV/consortium shall have valid PAN card and shall submit their PAN cards

• Photocopy of Latest Income Tax Return.

• Photocopy of Sales Tax Registration Certificates.

• Signature of the Contact Person verified by Bank on Bank's Letter-head. If such

41
verification is done on Bidder's Letter-head, then the full Address of the Branch of the
Bank must be mentioned.

• PAN Card of the Contact Person.

• JV/consortium Operating Agreement in the form and substance as provided in


Schedule IV(A) (if applicable)

(h) A letter mentioning the details of the existing leases in the format specified in Part F of
Schedule I (Format of Letter) duly signed by the signatory of the bid.

(i) Certificate of Total Compliance : Bidders as part of their Techno-Commercial Proposal


shall submit a Certificate of Total Compliance as per the format given in Schedule VIII
hereof. The original Certificate of Total

All the aforementioned documents are required to be uploaded on the electronic e-auction
platform and the original physical copy must be dispatched in accordance with the bidding
schedule so that they are received on or prior to the Bid Due Date, failing which the Technical
Bid shall be deemed to be not received. These documents are in addition to the documents
required for registration in AP e-Procurement website.

In case the notice inviting tender is issued between 1st April to 30th September (both days
inclusive) of a year, the audited balance sheet of the financial year before the immediately
preceding financial year, from the date of issuance of notice inviting tender, may be submitted
by the bidder, if the audited balance sheet of the immediately preceding financial year is not
available.

• Shareholding pattern including name of the promoter(s)/ owner(s) as on 31st March,


2020, certified by statutory auditor.

Specific instructions for submission of each of the aforementioned documents are provided
below in each part.

B. Bid letter
Instructions for submission of the bid letter
(a) The bid letter must be printed on the letterhead of the Bidder, if the Bidder is a
company, firm or other association of individuals.

(b) The bid letter must be signed by a duly authorized representative of the Bidder, in case
the Bidder is a company.

(c) The corporate authorization of the authorized signatory of the Bidder (which is a
company) must be enclosed with the bid letter. It is recommended that the Bidder may
authorize one person to deal with all matters related to bid. However, if the Bidder has
authorized more than one person, then the corporate authorization of all such persons
should be enclosed. Any change in such corporate authorization must be immediately

42
intimated to the Director of Mines & Geology.

(d) Documents to evidence compliance with the eligibility conditions must be enclosed with
the bid letter, duly certified by one of the directors of the Bidder, in case the Bidder is
a company. Such documents must include:

(i) Certificate of incorporation of the Bidder which is a company or copy of passport


or other nationality document viz. Aadhar in case Bidder is an individual or in case
of an individual in JV/Consortium.

(ii) Audited financial statements (comprising of cash flows, profit & loss account and
balance sheet) indicating annual turnover of the immediately preceding last three
financial years.

(iii) Net worth of the immediately preceding financial year viz FY 2020-21, certified by
statutory auditors.

In case the notice inviting tender is issued between 1st April to 30th September
(both days inclusive) of a year, the audited balance sheet of the financial year
before the immediately preceding financial year, from the date of issuance of
notice inviting tender, may be submitted by the bidder, if the audited balance sheet
of the immediately preceding financial year is not available.

(iv) Particulars of Seigniorage fee & consideration amount Collection Contract,


mining leases, reconnaissance permit or prospecting licence held by the
Bidder.

(v) All the CA certified statutory documents shall have a valid UDIN number as per
ICAI guidelines issued from time to time.

43
Format of bid letter
[Date]

To
The Director of Mines & Geology
5th & 6th Floors, Block-B,
Anjaneya Towers, Ibrahimpatnam,
Vijayawada - 521456

Sub: Bid letter for participation in e-auction for grant of Seigniorage fee &
consideration amount Collection Contract for [ ][ ] Package

Dear Sir,

With reference to your Tender Document dated [ ], I, having examined the Tender
Document and understood their contents, hereby submit my Technical Bid. Capitalized
expressions used in this letter have the same meaning as ascribed thereto in the
Tender Document.

1. The Technical Bid is unconditional and unqualified.

2. We have reviewed the terms of the Tender Document and hereby


unconditionally and irrevocably accept, agree and acknowledge the terms
thereof.

3. We acknowledge that the Department of Mines & Geology will be relying


on the information provided in the Technical Bid and the documents
accompanying the Technical Bid for selection of the Qualified Bidder and
subsequent selection of the Successful Bidder, and we certify that all
information provided therein is true and correct; nothing has been omitted
which renders such information misleading; and all documents accompanying
the Technical Bid are true copies of their respective originals.

4. This statement is made for the express purpose of our participation in the
tender process and possible selection as Successful Bidder.

5. We hereby confirm that we satisfy all the eligibility conditions prescribed in


the Tender Document. Specific confirmations with respect to our compliance
with the eligibility conditions are provided below:

[Insert separate paragraphs for compliance with the relevant eligibility


conditions] of the Tender Documents, with specific reference to enclosed

44
documents as mentioned in the instructions.]

6. [We do not hold any mineral concession (including a reconnaissance permit,


prospecting licence, prospecting licence-cum-mining lease, mining lease,
Seigniorage fee & consideration amount Collection Contract, and/or
Seigniorage fee & consideration amount Collection Contract) in the State of
Andhra Pradesh.] OR [We hold the following mineral concessions in the State
of Andhra Pradesh: Provide details of the mineral concessions (including a
reconnaissance permit, prospecting licence, prospecting licence-cum-mining
lease, Seigniorage fee & consideration amount Collection Contract, and/or
Seigniorage fee & consideration amount Collection Contract) held by the
Bidder.]

7. We hereby acknowledge that if we submit or produce any document and it


is discovered subsequently that such document was false or incorrect then
we shall be liable under the Applicable Law for the time being in force.

8. We hereby confirm compliance to conditions related to end use as specified by


the Department of Mines & Geology.

9. We shall make available to the Department of Mines & Geology any additional
information it may find necessary or require to supplement or to authenticate
the Technical Bid.

10. We acknowledge the right of the Director of Mines & Geology to reject our
Technical Bid and/or the Final Price Offer without assigning any reason or
otherwise and hereby waive, to the fullest extent permitted by Applicable
Law, our right to challenge the same on any account whatsoever.

11. We declare that:

a) We have examined and understood the rules framed thereunder,


the Tender Document and all documents referred therein;

b) We have examined and have no reservations to the Tender


Document, including any addendum issued by the Director of Mines
& Geology;

c) We have not directly or indirectly or through an agent engaged or


indulged in any Corrupt Practice, Fraudulent Practice, Coercive
Practice, Undesirable Practice or Restrictive Practice, as defined in
the Tender Document, in respect of any tender or request for
proposal issued by or any agreement entered into with the
Department of Mines & Geology or any other public sector enterprise
or any other State Government; and

45
d) We hereby certify that we have taken steps to ensure that in
conformity with the provisions of Section 16 of the Tender Document,
no person acting for us or on our behalf has engaged or will engage
in any Corrupt Practice, Fraudulent Practice, Coercive Practice,
Undesirable Practice or Restrictive Practice.

12. We understand that you may cancel the tender process at any time and that
you are neither bound to accept any bid that you may receive nor to invite
the Bidders to bid, without incurring any liability to the Bidders, in accordance
with the Tender Document.

13. We hereby irrevocably waive any right or remedy which we may have at any
stage at law or howsoever otherwise arising to challenge or question any
decision taken by the Director of Mines & Geology in connection with the
selection of the Successful Bidder, or in connection with the tender process
itself, in respect of the Tender Document and the terms and implementation
thereof.

14. In the event of being declared as the Successful Bidder, we agree to enter into
FORM M and other documents in accordance with the Tender Document and
pay such amounts and provide such security as required therein

15. We have ensured compliance the Tender Document and to the best of our
knowledge this bid is conforming to the terms thereof.

16. We agree and understand that the Bid is subject to the provisions of the Tender
Document. In no case, we shall have any claim or right of whatsoever
nature if the Seigniorage fee & consideration amount Collection Contract is not
awarded to us or our bid is not opened or rejected.

17. The initial price offer has been quoted and the Final Price Offer shall be
quoted by us after taking into consideration all the terms and conditions stated
in the Tender Document, FORM M, our own estimates of costs and feasibility
and after a careful assessment of the geological and other information and the
proposed Seigniorage fee & consideration amount Collection Contract and all
the conditions that may affect the utilization of minerals.

18. We shall keep this offer valid for 180 days from the Bid Due Date specified
in the Tender Document or such extended duration as may be agreed with
Director of Mines & Geology.

In witness thereof, we submit this bid letter forming part of our Technical Bid under
and in accordance with the terms of the Tender Document.

46
Yours faithfully,

(Signature, name and designation of the Authorized signatory)

Name and seal of Bidder

Date:
Place:

Enclosed:
(a) [list and description of documents enclosed]

47
C. Bid Security
Instructions for submission of the Bid Security
(a) The Bid Security must be in form of a security deposit or bank guarantee for
an amount equal to one fortnightly payment i.e. INR 10.10 Crores (Rs. Ten
Crores and Ten Lakhs only i.e. Reserve price of total contract period of 2
years/48) and payable at Vijayawada.

(b) The Bid Security may be issued at any place in India by a Scheduled Bank
as listed in the Second Schedule of the Reserve Bank of India Act, 1934,
excluding those listed under the headings of Gramin Banks, Urban Co-
operative Banks and State Co-operative Banks, but must be payable at SBI
Ibrahimpatnam, Vijayawada Branch having IFSC Code- SBIN0018876.

(c) The Bid Security must have a validity period of not less than 180 days from
the Bid Due Date, inclusive of a claim period of 360 days.

(d) The Bid Security must be stamped in accordance with Applicable Law.

48
Format of Bid Security

[Bank Guarantee. No.] [Date]

To
The Director of Mines & Geology
5th & 6th Floors, Block-B,
Anjaneya Towers, Ibrahimpatnam,
Vijayawada - 521456

1. In consideration of you, being the Department of Mines & Geology


(“Department”), which expression shall unless it be repugnant to the subject or
context thereof include its, successors and assigns) having agreed to receive,
pursuant to the provisions of the Tender Document No.[ ] dated [ ], the bid of
[name and address of the Bidder] (“Bidder”) or [M/s
……………………………………………….. (Name of the JV/consortium) in
which M/s------------------- Name of the JV/consortium Leader/ JV/consortium
member 1 having its Registered office/Head office at _________) and M/s-----
----------- (Name of the JV/consortium member 2 having its Registered
office/Head office at ________) are the Members, having its Registered
office/Head office at …………………………………….. (hereinafter called the
"JV/consortium" or “Bidder”), in case of a JV/Consortium ] for the e-auction
pursuant to the Tender Document dated [date] (“Tender Document for
Seigniorage fee & consideration amount collection contract for Package-[*] in
Andhra Pradesh), we [Name of the Bank] having our registered office at
[address of the registered office] and one of its branches located at [name and
address of the branch] (“Bank”), at the request of the Bidder, do hereby in terms
of the Tender Document, irrevocably, unconditionally and without reservations
guarantee the due and faithful fulfilment and compliance of the terms and
conditions of the Tender Document by the Bidder and unconditionally and
irrevocably undertake to pay forthwith to the Director of Mines & Geology,
Government of Andhra Pradesh an amount of INR [●] (Rupees [●])
(“Guarantee”) as our primary obligation without any demur, reservation,
recourse, contest or protest and without reference to the Bidder, if the Bidder
shall fail to fulfil or comply with all or any of the terms and conditions contained
in the Tender Document.

2. -- (Any such written demand made by the Department stating that the Bidder is in
default of the due and faithful fulfilment and compliance with the terms and
conditions contained in the Tender Document shall be final, conclusive and binding
on the Bank.

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3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and
payable under this Guarantee without any demur, reservation, recourse, contest
or protest and without any reference to the Bidder or any other person and
irrespective of whether the claim of the Department is disputed by the Bidder
or not, merely on the first demand from the Department stating that the amount
claimed is due to the Department by reason of failure of the Bidder to fulfil and
comply with the terms and conditions contained in the Tender Document. Any
such demand made on the Bank shall be conclusive as regards amount due and
payable by the Bank under this Guarantee. However, our liability under this
Guarantee shall be restricted to an amount not exceeding INR [●] (Rupees.

4. This Guarantee shall be irrevocable and remain in full force for a period of
360 days from the Bid Due Date i.e. [Insert Date], inclusive of a claim period
of 360 days or for such extended period as may be mutually agreed between
the Department and the Bidder, and agreed to by the Bank, and shall continue
to be enforceable till all amounts under this Guarantee have been paid.

5. We, the Bank, further agree that the Department shall be the sole judge to decide
as to whether the Bidder is in default of due and faithful fulfilment and
compliance with the terms and conditions contained in the Tender Document
including, amongst others, the failure of the Bidder to keep its bid open during the
bid validity period set forth in the Tender Document, and the decision of the
Department that the Bidder is in default as aforesaid shall be final and binding on
us, notwithstanding any differences between the Department and the Bidder or
any dispute pending before any court, tribunal, arbitrator or any other authority.

6. The Guarantee shall not be affected by any change in the constitution or winding
up of the Bidder or the Bank or any absorption, merger or amalgamation of the
Bidder or the Bank with any other person.

7. In order to give full effect to this Guarantee, the Department shall be entitled
to treat the Bank as the principal debtor. The Department shall have the fullest
liberty without affecting in any way the liability of the Bank under this Guarantee
from time to time to vary any of the terms and conditions contained in the Tender
Document or to extend time for fulfilment and compliance with all or any of
the terms and conditions contained in the Tender Document by the said Bidder
or to postpone for any time and from time to time any of the powers exercisable
by it against the said Bidder and either to enforce or forbear from enforcing any
of the terms and conditions contained in the Tender Document or the
securities available to the Department, and the Bank shall not be released
from its liability under these presents by any exercise by the Department of the
liberty with reference to the matters aforesaid or by reason of time being given to

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the said Bidder or any other forbearance, act or omission on the part of the
Department or any indulgence by the Department to the said Bidder or by any
change in the constitution of the Department or its absorption, merger or
amalgamation with any other person or governmental department or
instrumentality,, but for this provision, have the effect of releasing the Bank from
its such liability.

8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently


given or made if addressed to the Bank and sent by courier or by registered mail
to the Bank at the address set forth herein.

9. We undertake to make the payment on receipt of your notice of claim on us


addressed to [name of Bank along with branch address] and delivered at our
above branch which shall be deemed to have been duly authorized to receive the
said notice of claim.

10. It shall not be necessary for the Department to proceed against the said Bidder
before proceeding against the Bank and the guarantee herein contained shall
be enforceable against the Bank, notwithstanding any other security which the
Department may have obtained from the said Bidder or any other person and
which shall, at the time when proceedings are taken against the Bank
hereunder, be outstanding or unrealized.

11. We, the Bank, further undertake not to revoke this Guarantee during its currency
except with the previous express consent of the Department in writing.

12. The Bank declares that it has power to issue this Guarantee and discharge the
obligations contemplated herein, the undersigned is duly authorized and has full
power to execute this Guarantee for and on behalf of the Bank.

13. Notwithstanding anything contained herein,

a. the liability of the Bank under this Guarantee shall not exceed the
Guarantee amount i.e. INR [●] (Rupees [●]).

b. This Guarantee shall be valid up to [date].

c. The Bank Guarantee will be payable at Vijayawada.

Signed and Delivered by ………………………. Bank

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NOTES:
(i) The Bank Guarantee should contain the name, designation and code number of the officer(s)
signing the guarantee. Each page of the BG should be duly signed/initialled by the executants
and Stamp of the Bank to be affixed thereon.
(ii) The address, telephone number and other details of the head office of the Bank as well as
of issuing branch should be mentioned on the covering letter of issuing Branch.
(iii) The Bank Guarantee shall be payable at a Bank listed in the Tender document
(iv) The Bank Guarantee should be on Non-Judicial stamp paper/e-stamp paper of appropriate value
as per Stamp Act prevailing in the State(s) where the BG is submitted or is to be acted upon or
the rate prevailing in the State where the BG is executed, whichever is higher.

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D. Power of attorney
Instructions for submission of the power of attorney
(a) The power of attorney must be issued in India in accordance with Applicable Law
and it must be in issued in accordance with the constitutional documents of the Bidder
after obtaining all corporate approvals as may be required. The extract of constitutional
documents and certified copies of the corporate approvals must be enclosed with the
power of attorney.

(b) The power of attorney must be issued under the common seal, if any.

(c) The power of attorney must be stamped in accordance with Applicable Law.

(d) The power of attorney must be issued in the name of a person who is in full time
employment of the Bidder.

(e) For consortium bidders, the Authorized Signatory shall be from Lead Member of the
consortium. The Power of Attorney shall be in the format given in Annexure 5 hereof in
favor of the Authorized Signatory, signed by authorized signatories of all the consortium
members. The Power of Attorney shall be backed by copies of Board Resolutions /other
relevant documents of each consortium member, affixed with common seal of the
consortium members, to demonstrate the authority of the persons issuing the Power of
Attorney in favor of the Authorized Signatory of the bidder, who shall be from Lead
Member of the consortium.

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Format of power of attorney
Know all men by these presents, We, [name and address of the Bidder] do hereby
irrevocably constitute, nominate, appoint and authorize [Name], son/daughter/wife of [name
of father/husband] and presently residing at [address], who is presently employed with us
and holding the position of [designation], as our true and lawful attorney ( “Attorney”) to do
in our name and on our behalf, all such acts, deeds and things as are necessary or required
in connection with or incidental to submission of our bid for the [ ] [ ] Seigniorage fee
and consideration amount collection contract for Package (“”) in response to the Tender
Document, dated [ ], issued by Department of Mines & Geology (“Department”) including but
not limited to signing and submission of all applications, affidavits, bids and other documents
and writings, participate in Bidders’ and other conferences and providing information /
responses to the Department, representing us in all matters before the Department, and
generally dealing with the Department in all matters in connection with or relating to or arising
out of our bid for the Package [ ] and/or upon award thereof to us and/or till the entering into
Form M with the Department and grant of Seigniorage fee & consideration amount Collection
Contract.

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

In witness whereof we, [name of Bidder], the above named principal have executed this
power of attorney on this [date].

For……………………………..

(Signature, name, designation and address)

Witnesses:

1.

2.

[Particulars of notarization]

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E. Affidavit
Instructions for submission of the affidavit
(a) The affidavit must be executed in India in accordance with Applicable Law and it must
be in issued in accordance with the constitutional documents of the Bidder after
obtaining all corporate approvals as may be required. The extract of constitutional
documents and certified copies of the corporate approvals must be enclosed with the
power of attorney. In case of Bidder being an individual, the affidavit must be personally
signed by the Bidder

(b) The affidavit must be stamped in accordance with Applicable Law.

(c) The affidavit must be signed by a person who is in full time employment of the
Bidder and duly authorized to sign the same.

(d) In case of consortium bidders, 3 (three) affidavits are to be submitted (as per the format
given hereunder), one each by each member of the consortium and one by the consortium.
The affidavit by the consortium and the Lead Member of the consortium shall be signed by
the Authorized Signatory of the bidder, whilst the Affidavit of the non-lead member shall be
signed by a director (as defined in the Companies Act, 2013) of the non-lead member.

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Format of Affidavit
Affidavit

(to be executed on Rs. 100 non judicial stamp paper)

I, [name] aged [age] years, resident of [address] [working as [designation] an


authorized signatory on behalf of [name of the Bidder]] (“ Bidder”) hereby state as
under:

1. I am the [designation of the deponent] of the Bidder. I am conversant with


the facts and circumstances surrounding the subject of this affidavit [and
have been authorized to depose to the same pursuant to the power of
attorney dated [date] issued pursuant to [particulars of corporate approval]].
I am filing this affidavit to place on record verification of facts and documents
in connection with the tender process concerning [ ] Seigniorage fee and
consideration amount collection contract for Package [ ].

2. [Insert separate paragraphs for each document brought on record on the


website of the e-auction platform or physically submitted with the Director of
Mines & Geology, Government of Andhra Pradesh, in a chronological
sequence].

3. I am the [designation of the deponent] of the Bidder, hereby certify that the
Bidder i.e, (Name of the Company/Individual/Consortium member) has not
been blacklisted by any Central/ State Government /Public Sector
Undertaking) or under a declaration of ineligibility for corrupt or fraudulent
practices and also certify that certify that none of their contracts have been
rescinded or terminated due to their default or poor workmanship, by any
Central / State Government / Public Sector Undertaking.

4. We have not been found guilty of offences involving bribery, corruption, fraud,
offences against the state;

5. We have examined and have no reservations to the Tender document,


including any Corrigendum/ Addendum issued by Director of Mines & Geology.

6. We do not have any conflict of interest in accordance with the Tender


document;

7. We have not directly or indirectly or through an agent engaged or indulged in


any corrupt practice, fraudulent practice, coercive practice, undesirable
practice or restrictive practice or collusive bidding or bid rigging, as defined in
Tender document in respect of any tender or request for proposal issued by or

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any agreement entered into with Department of Mines & Geology or any other
public sector enterprise or any government, Central or State; and

8. We certify that we have taken steps to ensure that in conformity with the
provisions of the Tender document, and no person acting for us or on our
behalf has engaged or will engage in any corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice or collusive
bidding or bid rigging.

9. That nothing has been concealed in the information submitted as mentioned


above.

Solemnly affirmed and verified on this [day] day of [month] [year] at [place].
(Signature)

Name, Designation & Seal

VERIFICATION
I, [name], [the [designation of the deponent] of] the Bidder above named, having
my office at [address], do hereby solemnly declare that what is stated above in
paragraphs [1] to [number] are on the basis of the books and records of the Bidders,
and verify that the contents of the above affidavit are true and correct, no part of it
is false and nothing material has been concealed therefrom.

Verified at [day] day of [month] [year] at [place].

Deponent (Signature)

Name, Designation & Seal

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Schedule II: Format for seeking clarification regarding Tender
Document
(Applicable only for the Pre-Bid conference before submission of the Technical Bid in
response to the Tender Document)

Clause No. and Clarification Suggested Text Rationale for


S. No. Document Existing for Amendment, if Clarification or
Required
Provision any Amendment

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Schedule III: Technical details regarding online electronic auction

A. Registration Methodology:

1. In order to submit online bids in the e-bidding process for Seigniorage fee & consideration amount
Collection Contract, a bidder needs to register themselves with the e-auction website of AP
eProcurement, a Government of AP Enterprise. For this the bidder should visit the website at
https://tender.apeprocurement.gov.in/login.html and click on the button “Registration.
2. After reading all Terms and Conditions of Registration, the bidder may click ‘I AGREE’ and
proceed further. The below
➢ Select the Contractor/Supplier Type based on company type.
➢ Click Verify Signing Certificate→ Select signing certificate→ Click Register
➢ After verifying Signing Certificate the name in Signing Certificate will be auto populated as
Authorized Signatory Name
➢ Click Verify Encryption Certificate→ Select encryption certificate→ Click Register
➢ Encryption Certificate Verified
➢ After Verifying DSC , Enter primary contact details →Check User ID availability → Enter
Password → Verify E-mail id with OTP → Verify Mobile Number with OTP →Enter Business
Details
➢ Enter Office address → Registration Details & Upload relevant Documents → Enter Bank
Account details → Click Submit
➢ On Successful submission, a Confirmation message is displayed and the supplier id will be
sent for activation after scrutiny ->An email alert will be sent to the registered email after
registration and activation.

3. After the registration of Supplier Login (User id Not Yet Activated)


▪ Login with User ID & Password → Select Signing Certificate
▪ User can view the registration details before activation

4. Supplier Login After admin user revert (If any clarification/correction are required
▪ Login with User ID & Password → Select Signing Certificate.
▪ Supplier can modify the details based on specific remarks and upload supporting document(s)
▪ After uploading/modifying the required data → Click Update.
▪ Provision to view Updated details
▪ Login with User ID & Password → Select Signing Certificate → Click Register → Click Login

5. The detailed User manual is available in the website of AP e-Procurement portal


https://tender.apeprocurement.gov.in/downloads/supplier-registration.pdf.

6. Technical guidelines for accessing www.apeprocurement.gov.in

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B. Minimum Hardware and Software requirements

(i) User Workstation Requirements Hardware Requirements


▪ A system with minimum Dual core / Core 2Duo Processor.
▪ 1 GB RAM or above.
▪ 10 GB HDD or above recommended.
▪ Ethernet based Network Interface.
▪ Modem or mode of connecting Internet for web based users. Min. 512Kbps speeds.
▪ Workable input and output devices.
▪ UPS for power backup.

(ii) Software Requirements


• Windows based operating system –Windows 7, Win.8, Win.8.1 and Win.10.
• For Best viewing : Web browser – Internet Explorer 10 or above recommended.
Mozilla Firefox Ver 40 or above recommended.
• Some components of E-Procurement application are not compatible with Edge
Browser in Windows 10 OS.
• Latest Anti-virus running on the system.

C. Connectivity

• Connect to the Internet via Dial UP Modem or any other mode (ISDN Modem /
Cable connection / Leased line etc.)
• Open the Web Browser and type www. apeprocurement.gov.in
• Click on Tender Login and follow the link
• Or to access Tender site https://tender. apeprocurement.gov.in

D. Trouble Shooting

If you are not able to open the Tender site do the following

(i) Check your Internet connectivity.

(ii) Open the properties box of the internet connection (double click the icon on the status bar of
your machine)

(iii) Keep this window open on your desktop and try to open the site www. apeprocurement.gov.in
again. Monitor the “bytes in” and “bytes out” section in the properties window of your Internet
connection. If there are no changes try to open any other site and see the difference, if still
there are no changes in the bytes send and receive which means your Internet connection is
hanged. Kindly disconnect your connection and reconnect your Internet connection.

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(iv) If you are able to open www.apeprocurement.gov.in and not able to open the Tender login
page check if your machine is behind the proxy or any other firewall. If so ask your
administrator to enable the secure connection on the proxy as Tender site is a secure site
(https).

(v) In case of slow connectivity to www. apeprocurement.gov.in - check the speed of your Internet
connection, which you are getting currently. Contact your ISP if desirable speed is not
available.

(vi) Clear the Cache of your temporary internet files (open your browser -> Tools -> Internet
Options -> General -> Temporary Internet files section)

(vii) In the tender site if you are facing any Data Signer Control Problems, do the following:

• Add the URL https://tender.eprocurement.gov.in to the trusted sites in the internet options
• Change the Active X controls and plug-ins status to “Enable”.

• Process:

• To add the URL to Trusted site : Open your browser -> Tools -> Internet Options ->
Security -> Trusted Sites -> Sites -> Type the URL https://tender.apeprocurement.gov.in
-> Click on Add -> OK.

• To Enable Active X Controls and Plug-ins : Open your browser -> Tools -> Internet Options
-> Security -> Trusted Sites -> Custom Level -> Active X Controls and Plug-ins -> Enable.

(viii) Run the virus scan periodically.

(ix) In case of any query please call AP e-Procurement team at their HelpDesk.

7. Downloading information of tender documents


(i) The documents available for downloading from the website of e- auction platform provider.
(ii) Subsequent to the Bidder registration process with e-auction platform, Tender documents
shall be made available for download to the Bidder only subsequent to payment of a tender
fee as specified in tis tender document.
(iii) The Tender Document shall be sold in online mode only through website of AP e-Procurement
portal.
(iv) Bidders shall login with its user id and password. The Bidder after login shall click on the link
for e-payment and then select/enter details such as region, tender no. etc. for which it intends
to make the payment.

8. Once the payment is successful, the link for downloading of the documents for the respective
package(s) will be activated.

9. The bidder may note that the files containing information can be in various formats like doc, xls,
ppt, pdf, jpg, jpeg, zip etc. and it shall be the responsibility of the Bidder to have suitable facilities

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at its end to download these documents from the website of AP e-Procurement portal.

10. Transaction Fee: The participating bidders shall pay a transaction fee @ 0.03% of ECV
(estimated contract value) with a cap of Rs.10,000/- (Rupees ten thousand only) for all works with
ECV up to Rs.50 crores, and Rs.25,000/- (Rupees twenty five thousand only) for works with ECV
above Rs.50 crores, at the time of bid submission electronically.

11. e-Corpus Fund: The Successful bidder(s) shall pay 0.04% of ECV (estimated contract value) with
a cap of Rs.10,000/- (Rupees ten thousand only) for all works with ECV up to Rs.50 crores, and
Rs.25,000/- (Rupees twenty five thousand only) for works with ECV above Rs.50 crores before
entering into agreement / issue of purchase orders, towards e-Corpus fund.

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B. Preparation and Submission of Bid

The complete process of bid submission will be divided into 2 stages as follows:

Stage 1: Technical Bid


This stage will comprise (i) online submission of the Technical Bid and the Initial Price Offer; and (ii) offline
submission of certain original documents as detailed below.

(i) Online submission of Technical Bid and Initial Price Offer with supporting documents
• Bidder need to be register themselves in AP eProcurement portal
https://tender.apeprocurement.gov.in/ to participate in the bid submission for Department of Mines
and Geology Tenders.

• If the user is already a registered bidder then, he can login with the credentials provided in the AP
eProcurement portal https://tender.apeprocurement.gov.in/.

• Open the portal https://tender.apeprocurement.gov.in/ and enter your login Credentials (user id
and password) then click on login.

• After clicking the login icon, you will get Em-signer dialog box where you can see your signing
certificate select the signing certificate and click on register.

• After successful authentication of the login credentials and certificate, you will be proceeded to
the Bidder dashboard.

• To participate in the tender, click on New Tenders, Search for the tender by mentioning tender Id
/Department Name/Circle/IFB no/Name of work under search criteria.

• Click on the submit bid icon to initiate the BID SUBMISSION for the tender to which the user is
intending to participate.

• Next, you will directed to the terms and conditions page, in this page agree the terms and condition
by selecting the check box and click on continue option.

• Next you will directed to your Business Registration details check your business registration
details and click on Save and Continue option.

• Next you have to pay the document fee through online only after successful payment of the
document fee, Bidder can download the Paid Technical Documents.

• To pay the document fee select the Mode of payment as ONLINE PAYMENT and click on
CONTINUE. Select the Payment Gateway and click on Pay Online

• After successful payment document fee, only then the bidder can download the paid technical
documents. After downloading the paid documents click on continue to pay the EMD.

• To pay the EMD select the mode of payment as BG/Security deposit, as applicable, and add the
BG in their respective fields, like in favour of/bank name/BG no./valid date /amount and attach the

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BG FILE, or pay Security deposit, as applicable, now click on ADD to continue with the bid
submission process.

• Now pay the Transaction Fee by selecting the mode of payment as online, click on continue then,
select the payment gate way after the successful payment you will get the continue button

• Now attach the entire mandatory documents by clicking on the action icons, the first icon is to
attach the documents from your common folder where bidder documents are already available in
the document library. The second icon is to attach the documents from your desktop or folder.
After attaching the entire mandatory document click on continue to proceed further.

• Filling the bid forms in the PQ stage:

Attach the eligibility documents by the clicking the first icon under the action column In
the commercial stage enter the financial price by clicking on the first icon and the second icon is
to attach the documents like price bid form as it is not mandatory all the tenders , whenever
department user asked the documents . Please attach the documents according mentioned in the
documents description.

• After attaching all the mandatory documents in the PQ stage then the filled status will change to
green colour indicating the filled status.

• Next the bidder has to enter the initial price offer in the commercial form and click on the save
button (here the initial price should not be less than the reserve price).

• After clicking on save button, user will get a dialog box where they can see the encryption
certificate to encrypt your price. So select your encryption certificate and click on register to save
price.

• After selecting, the encryption certificate you will get an alert as saved successfully and if you
want to edit or check you price once again click on decrypt button select your encryption certificate
and check/edit your price.

• After the price saved, both the bid forms will be filled status in green colour indicating successfully
attached all documents, Now click on save and continue.

• Re-verify the document you have attached in the Stage form by clicking on the Red Cross button
and if the documents are properly verified then document status will change to green colour
indicating documents verified successfully.

• After verifying the documents click on the final bid submission button and it shows the dialog box
of Em singer where signing certificate will be displayed, Now select the certificate and click on
register

• After clicking on final bid submission you will get the acknowledgement for the submitted bid with
bid number. Click on the print option to take this acknowledgement as the bid submission proof.

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(ii) Offline submission of certain original documents
The bidders shall submit the following documents in original in sealed cover within the
scheduled closing time for bid on the Bid Due Date. The sealed cover should clearly bear the
following identification: Original Documents (Technical Bid) and shall indicate the name and address
of the Bidder. In addition, the documents shall contain page numbers: Page [●] of [●]

The offline documents shall be submitted at the following address:

Directorate of Mines & Geology Andhra Pradesh,

D.No. 7-104, 5th & 6th Floors, B-Block, Sri Anjaneya Towers,

Ibrahimpatnam, Krishna District, AP - 521 456

Mobile: _______________.

(iii) Timeline for online submission of (i) Technical Bid and the Initial Price 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 Price
Offer with supporting documents and offline submission of certain original documents shall be
allowed only up to the time and date as per Bid Due Date specified in Section 9. 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.

(iv) Evaluation of Technical Bid


Technical Bids shall be evaluated in the manner provided in the Tender Document. Entire
list of Technically Qualified Bidders will be published on the website of AP e-Procurement portal.
AP e-Procurement team will conduct training and mock-auctions for all the Technically Qualified
Bidders on e- auction platform.

(v) Opening of Initial Price Offer


Initial Price Offers shall be opened before the scheduled date of e-auction of the respective
Package as per the Timetable.

The list of Qualified Bidders as per top 50% ranking principle (subject to the criteria as
specified in clause 6.1(A) (e) of the Tender Document) will be sent out to all the Qualified Bidders
of the Package by an email by the Director of Mines & Geology. The email will only state that the
recipient of the email has been qualified for the second round of auction and the Floor Price (highest
Initial Price Offer) for the second round of auction. The Qualified Bidders will also get intimated
about their qualification for the second round of electronic auction against specific Package through
notification in the AP e-Procurement portal within their secured login.

(vi) Stage 2: electronic auction – Final Price Offer


a. Intimation to Qualified Bidders

• Along with the above intimation, the Bidder shall also receive information regarding applicable
Floor Price for second round of e-auction of the Package which is the highest Initial Price Offers

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received from the Technically Qualified Bidders.

• It is expressly clarified that Bidders should not expect to receive the information on the second
highest IPO 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 login to see whether it has qualified for a certain Package or not. Director of Mines &
Geology/State Government/e-auction platform provider will not be responsible for non-receipt of
email by the Bidder and its consequences.

b. Conduct of e-auction

• E-auction is the process of inviting binding Final Price Offer(s) from Qualified Bidders through
internet for the purpose of determination of the Preferred Bidder.

• During this process, the Qualified Bidder will be able to submit its Final Price Offer as many times
as it wishes against the same Package.

• The Qualified Bidder will remain anonymous to other Qualified Bidders participating in the
electronic auction process as well as to e-auction platform provider / Director of Mines & Geology
/ State Government.

• The Qualified Bidder will be able to see the prevailing highest Final Price Offer against the
Package, but the name of the highest Qualified Bidder at any point of time will not be displayed.

• The Qualified Bidder shall have to put its Final Price Offer over and above the displayed highest
bid by a minimum increment as fixed by the Director of Mines & Geology to become the highest
Qualified -Bidder.

• The electronic auction process will have a scheduled start and close time which will be displayed
on screen.

• A Qualified Bidder will be able to put its Final Price Offer after the start of bid time and till the close
time of electronic 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 electronic auction, the close time of electronic auction will be automatically
extended by 15 (Fifteen) minutes from the last received bid time to give equal opportunity to all
other Qualified Bidders. This process of auto extension will continue till no Final Price Offer is
received during a period of 15 (Fifteen) minutes.

• For example, assuming that the initial scheduled close time for a particular electronic 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 no further Final Price Offer is received till 1:16 pm,
the electronic auction will close at 1:16 pm. The revised close time will be displayed on screen

66
and the Qualified Bidders are advised to keep refreshing its webpage to get the latest information.

• The above example is only illustrative and meant for explaining the e-auction process only.

• During the process of electronic auction, the Bidder shall be required to sign their bids with their
respective digital signature certificate (DSC) and 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

• Bidders in their own interest are advised to get themselves acquainted with the electronic auction
process of e-auction platform provider by getting their Authorized Representative trained
beforehand through some demo electronic auctions.

(vii) Digital Signature Certificate


• 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 electronic auction on AP e-Procurement portal
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.

• The bidder may note that only one user id will be mapped with a given DSC for the Authorized
Representative. 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 e-auction platform provider for mapping.

• The Digital Signature Certificate will be used to digitally sign the Bids that the Bidder will submit
online.

• It will be the sole responsibility of the Bidder and its respective Authorized Representative 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
complaint / representation in this regard shall be entertained at any stage by AP e-Procurement
team/ Director of Mines & Geology / State Government.

• Where the Bidder is JV/consortium, the bid shall be submitted by the Lead Member using its DSC.

• The Workstation hardware & software and connectivity requirements are available in the
Registration Methodology of this Section.

67
Schedule IV: FORM M
Form of Agreement
[See Rule 10]

As per amended FORM ‘M’ Form of Agreement of Rule 10-D of APMMC Rules, 1966 by the Government
from time to time

This indenture made this ........................ day of 20... between the Governor of Andhra Pradesh
(hereinafter called the “State Government” which expression shall where the context so admits, include
his successors in Office and Assigns) of the One Part, and

WHEN CONTRACTOR IS AN INDIVIDUAL :


.................................. (Name of person with Address and Occupation) (hereafter referred to as the
Contractor which expression shall where the context so admits to be deemed to include his respective
heirs and legal representatives).

WHEN THE CONTRACTOR IS A REGISTERED FIRM :


...................... (Name and Address of Partner) Son of
.......................................................................... all carrying business in partnership under the firm Name
and Style of ................. (Name of the firm) Registered under the Indian Partnership Act, 1932 (9/1932)
and having their Registered Office at .......................... (hereafter referred to as the Contractor which
expression where the context so admits is deemed to include of the said partners their respective heirs
Legal representatives and permitted assigns) of the other Part.

WHEN THE CONTRACTOR IS A REGISTERED COMPANY :


...................... (Name and Address of Company) incorporated in India under the Companies Act,
[1956/2013] with Corporate Identity Number [CIN of the successful bidder] whose Registered Office is at
..................................................., India and the principle place of Business is at ………………… [if different
from registered office] (hereafter referred to as the CONTRACTOR which expression where the context
so admits is deemed to include of the said partners their respective heirs Legal representatives and
permitted assigns) of the other Part.

WHEN THE CONTRACTOR IS A CONSORTIUM :


...................... (Name and Address of Individual/ Company) incorporated in India under the Companies
Act, [1956/2013] with Corporate Identity Number [CIN of the lead member of Consortium] whose
Registered Office is at ..................................................., India and the principle place of Business is at
………………… [if different from registered office] (hereafter referred to as the CONTRACTOR which
expression where the context so admits is deemed to include of the said consortium members their
respective heirs Legal representatives and permitted assigns) of the other Part.

Whereas the CONTRACTOR has been granted in Electronic Auction (e-auction) by the Director of Mines
& Geology the rights of collection of seigniorage fee in respect of the Minor Minerals as specified in Rule
10(A)(1) of APMMC Rules, 1966 and areas specified in the Schedule-I for the knocked down amount of
Page 68 of 84
[Rs……….………]: therein and has paid the amount equal to two fortnightly installments i.e., [Rs…
] towards performance security in the form of Bank guarantees with the Director of Mines and
Geology for the due and faithful performance by the Contractor of the conditions on the Part of the
Contractor hereinafter contained.

And whereas the State Government awarded the Package contract area hereafter described as Contract
area for the knocked down amount of Rs ………………….……… and subject also to the conditions
hereinafter contained, now this indenture witness as follows:—

The State Government hereby permits the Contractor to collect the seigniorage fee and consideration
amount in respect of the Minor Minerals as specified in Rule 10(A)(1) of APMMC Rules, 1966 from the
lease holders whose leases are situated in the area/areas mentioned in the Schedule – I and more
particularly described in Schedule-II hereunder.

Part - I : MODE OF PAYMENT OF KNOCKED DOWN AMOUNT :

The Contractor having paid the 1st instalment of the knocked down [x x x] amount before enter in the
agreement shall pay remaining 47 fortnightly instalments for the contract period.

The Director of Mines & Geology shall have the power to terminate the agreement if the contractor fails to
pay the instalments as above and to forfeit to the Government the amounts paid by the contractor and the
amount guaranteed by Bank.

Part - II : LIBERTIES OF THE CONTRACTOR:

(1) Liberties of the Bidder:–

The Bidder after executing the agreement in Form M prescribed in Rule 10-D(2) of APMMC Rules, 1966
will be at liberty to:

(i) Collect the Seigniorage fee and consideration amount in force as on the day of notification of the
auction notice from the leases existing in the package after the exhaustion of the Dead rent in
every quarter paid by the leaseholders.
(ii) Collect Seigniorage fee and consideration amount for such excess quantity of mineral mentioned
in the transit form arrived after weighment after exhaustion of the Dead rent in every quarter paid
by the leaseholders.
(iii) Collect the seigniorage fee and consideration amount from all the new leases granted and
executed from the Minor Minerals as specified in Rule 10(A)(1) during the currency of the Contract
period.
(iv) Collect excess seigniorage fee and consideration amount only from such vehicles which are

Page 69 of 84
having valid transit passes issued by the lessees. The contractor shall retain second copy of the
transit passes with him and shall return first copy after stamping to vehicle owner.
(v) Collect seigniorage fee on the dispatch of minor minerals as specified in Rule 10(A)(1) from the
area specified in the contract and not on minor minerals brought from outside the contract area or
from the major mineral leases.
(vi) Collect Seigniorage fee of Minor Minerals dispatches from major mineral lease as well as per the
procedure laid down in the tender document and Rule 10 of APMMC Rules 1966.
(vii) Report the details of minor mineral carrying vehicles of leaseholders falling in other SCC Contract
areas arrive at the weighbridges of the contractor for weighment to ADMG/DDMG concerned.
(viii) Bring to the notice of Department of Mines & Geology on the details of vehicles involved in illegal
transportation of minerals for taking necessary action.

(2) Restrictions on the Bidder:– The following restrictions shall be applicable to Contractor:

The contractor shall not:


(i) Collect seigniorage fee and consideration amount from Temporary permit holders except
persons/organizations who obtained quarry leases with exemption from payment of seigniorage
fee, in respect of Minor Minerals as specified in Rule 10(A)(1) at the relevant rates mentioned in
Schedule 1 of Rules 10(1) at or before the time of dispatch of the minor minerals as specified in
Rule 10(A)(1) from the leased areas.
(ii) Collect the seigniorage fee and consideration amount from any persons/companies who are not
the quarry lease holders.
(iii) Levy and collect penalty from illegal mineral transporters.
(iv) Have any right for any type of compensation arising out of non- working of the quarries and due
to expiry, lapse, determination, cancellation etc., of the leases.
(v) Recover any seigniorage fee and consideration amount and/or permit fee from the minerals used
in special works or schemes as specified by the Government, from time to time.

Part - III: LIBERTIES OF THE STATE GOVERNMENT AND DIRECTOR OF MINES & GEOLOGY
1. The State Government shall have the liberty to grant and/or terminate the quarry leases in respect
of the minor minerals as specified in Rule 10(A)(1) in the Contract area as per A.P.M.M.C. Rules,
1966.
2. The State Government shall have the power to penalise any person indulged in illicit quarrying
and transportation of minerals from contract area as per rules.
3. The State Government shall have the power to terminate the agreement with the authorised agent
if he violates the conditions specified in Part-II above.
4. The Director of Mines & Geology shall prescribe guidelines and technical specifications for
empanelment and operation of weighbridges from time to time.
5. The Director of Mines & Geology may issue instructions for alternate arrangements for issuance
Page 70 of 84
of transit forms and collection of Seigniorage fee, consideration amount and other applicable
charges in case of any IT system related problems.

Part - IV : IT IS HEREBY EXPRESSLY AGREED AS FOLLOWS :


1. The Contractor shall immediately inform to the Assistant Director of Mines and Geology
concerned about any illicit quarrying of minor minerals as specified in Rule 10(A)(1) noticed
within the contract area.
2. The Contractor shall maintain correct account of the minor minerals as specified in Rule
10(A)(1) of APMMC Rules, 1966 consumed or despatched from the contract area and shall
furnish the same to the department when asked for.
3. The Contractor shall make his own arrangements for establishment and integration of
weighbridges with Department of Mines & Geology website and certified by Weights and
Measures Department for collecting the seigniorage fee from the lessee and he shall not claim
any compensation for any failure on his part in collecting the same.
4. The Bank Guarantee furnished by the Contractor towards Performance Security of [Rs.
] shall be returned after the completion of the said term of two years.
Provided that the Contractor duly observed and performed the conditions on his part herein
contained.
5. If any question of difference or dispute shall arise between the parties here to or any person
concerning the [knocked down] amount and seigniorage fee and consideration amount hereby
reserved any of these presents, it shall be reserved to the State Government whose decision
thereon shall be final and binding on the parties hereto.
Provided that the Contractor duly observed and performed the conditions on his part herein
contained.
6. If any question of difference or dispute shall arise between the parties here to or any person
concerning the [knocked down] amount and seigniorage fee and consideration amount hereby
reserved any of these presents, it shall be reserved to the State Government whose decision
thereon shall be final and binding on the parties hereto.

SCHEDULE - I

S.No Package Knocked down amount

1 2 3

SCHEDULE – II
List of leases falling under the package contract area mentioned in Schedule-I

S.No Name of Location of lease Extent in Name of Lease period


lessee Ha. the minerals
Page 71 of 84
Sy.No Village Mandal From To
1 2 3 4 5 6 7 8 9

In witness whereof ...................... Director of Mines and Geology ...................... acting for and on behalf
of and by order and direction of Governor of Andhra Pradesh and the Contractor have hereupto set their
hands the day and year first above writing.

Signed and delivered by the above named in the presence of:

………………………. ……………………….

Signature of the Contractor Signature of the Director of


Mines & Geology

Date……………………………

Page 72 of 84
Schedule V: JV/CONSORTIUM OPERATING AGREEMENT
(On Non-Judicial Stamp Paper of Appropriate Value)

This JV/consortium Operating Agreement ("COA") is executed on this [ ] day of [ ] Two thousand
[ ] between M/s [ ], a company incorporated under the laws of [ ] and having its registered office or
principal place of business at [ ] (hereinafter called the "JV/consortium Member(1)") which
expression shall include its successors, executors and permitted assigns) and

[ ] a company incorporated under the laws of [ ] and having its registered office or principal place of
business at [ ] (hereinafter called the "JV/consortium Member(2)", which expression shall include
its successors, executors and permitted assigns); and

We (JV/consortium Member(1) and JV/consortium Member(2)) have formed a JV/consortium namely


[ ] (name of the JV/consortium) (here in after Called “JV/consortium”) and having its principal place
of business at [ ] for the purpose of making a bid and entering into the Contract (in case of award)
against Tender Document No […..] dated […].

We, the "JV/consortium" have selected [ ] (name of the JV/consortium Member) as the JV/consortium
Leader and confirm that our JV/consortium Leader shall maintain at least 51% shareholding of
the total Paid up Share Capital and each of the other members of the JV/consortium shall maintain
the remaining shareholding of the total Paid up Share Capital in JV/consortium / Registered
(unlimited liability) partnership to be incorporated pursuant to clause of this JV/consortium Operating
Agreement at all the time during the complete term of the contract.

The JV/consortium Members and JV/consortium Leader are hereinafter referred to individually as
JV/consortium Members and collectively as JV/consortium.

WHEREAS

a. Director of Mines and Geology, Andhra Pradesh, India ("DMG / Department") intends to Select
a Contractor for collection of Seigniorage fee & consideration amount for Minor Minerals except
Grey Barytes held by M/s APMDC Ltd in YSR District and Sand in Andhra Pradesh..
b. In order to meet the Technical and Financial Criteria set forth in Section 3 of the Tender
document or for Business purposes, the JV/consortium has relied on the strength of
consolidated experience of all the JV/consortium Members and is therefore required to enter
into this COA to bind the JV/consortium Members to the provisions of the Agreement
("Agreement")
c. The JV/consortium Members now wish to enter into this COA in order to create binding
obligations in favour of DIRECTOR OF MINES & GEOLOGY to the extent set forth as follows.

NOW THEREFORE THIS AGREEMENT WITNESSETH AS UNDER:

1. All capitalised terms used herein if not otherwise defined shall have the same meaning as those
ascribed to them in the Agreement.

2. In the event of DIRECTOR OF MINES & GEOLOGY awarding the Agreement, to and in
favour of the JV/consortium inter alia relying on the strength and support of the JV/consortium
Members to the Bidder pursuant to the terms of the Tender Documents, the JV/consortium
Members, hereby irrevocably and unconditionally agree and undertake to be jointly and
severally be bound and liable for any and all acts and omissions of the Bidder and / or the
Registered (unlimited liability) partnership incorporated pursuant to Cl. 4 of this Agreement,
Page 73 of 84
in the same manner and to the same extent as set forth in the Agreement. For the
avoidance of doubt, it is clarified that:
a. any service by DIRECTOR OF MINES & GEOLOGY of a notice pursuant to terms
of the Agreement shall be deemed to be services of notice to the JV/consortium
Members, on a several basis;
b. the JV/consortium Members hereby assume full responsibility and liability for the
performance by the JV/consortium of obligations of Registered (unlimited liability)
partnership in accordance with and subject to the terms of the Agreement read with
this COA;
c. the JV/consortium Members confirm that in the event the JV/consortium is successful in
its bid, JV/consortium Members shall furnish the Contract Performance Guarantee from
a Bank in favour of Director of Mines & Geology for a value as stipulated in the Tender
documents and this shall be in the name of all members of the JV/consortium;
d. subject to Clause 3 of this COA, Upon any default, whatsoever by the Registered
(unlimited liability) partnership in performing, meeting or otherwise complying with
any of its obligations in accordance with the terms of the Agreement, DIRECTOR
OF MINES & GEOLOGY may at any time as it deems fit and/or appropriate in its
sole discretion, without giving any opportunity of recourse to the Registered (unlimited
liability) partnership, require the JV/consortium Members to hold DIRECTOR OF MINES
& GEOLOGY harmless from and against any and all damages, losses, liabilities,
obligations, claims of any kind, interest, cost, fee, or expenses (including, without
limitation, reasonable attorneys' fees and expenses) suffered, incurred or paid by
DIRECTOR OF MINES & GEOLOGY, as a result of, in connection with or arising out
of such default; and
e. the obligations of the JV/consortium Members or the rights of DIRECTOR OF MINES &
GEOLOGY hereunder, shall not stand revoked, or otherwise be impaired or mitigated
in any manner whatsoever, if there exists at anytime any dispute before any court
(whether in India or abroad), arbitration, claims, settlements, obligations, expert
determination or similar proceedings under the Agreement between the Registered
(unlimited liability) partnership formed by JV/consortium in accordance with provisions
of Tender Document and DIRECTOR OF MINES & GEOLOGY;
f. the JV/consortium Leader shall be authorized to incur liabilities and receive instructions
for and on behalf of any and all members of the JV/consortium and entire
correspondence till the formation of Registered (unlimited liability) partnership firm shall
be done exclusively with the Lead Member. Subsequent to its formation, Registered
(unlimited liability) partnership firm shall be responsible for complete execution of the
Contract in accordance with Sl no 4 of COA. All payments under the Contract shall be
made to the Registered (unlimited liability) partnership firm only.
3. Notwithstanding anything to the contrary contained in this COA or the Agreement, the
aggregate liabilities and obligations of the JV/consortium Members under or in connection with
this COA shall not exceed the aggregate liabilities and obligations of the Registered (unlimited
liability) partnership under the Agreement and JV/consortium Members shall be jointly &
severally responsible and liable to DIRECTOR OF MINES & GEOLOGY for performance all
contractual obligations and COA shall be valid for the entire period of Contract; provided that
nothing contained in this Clause 3 shall deem to affect the rights of DIRECTOR OF MINES &
GEOLOGY that arise before such time referred to above.

4. It is expressly understood and agreed between the members to this Agreement that upon
being determined as selected Bidder all the JV/consortium Members shall execute all works,
responsibilities and obligations of the successful bidder as specified in the Tender document,
Page 74 of 84
Rules and procedures in vogue through formation of a Registered (unlimited liability)
partnership constituted under applicable Indian Laws. JV/consortium Leader shall have at
least 51% of the total Paid up Share Capital of the Registered (unlimited liability) partnership
and each of the other JV/consortium members shall have the remaining of the total Paid up
Share Capital of the Registered (unlimited liability) partnership. All members of the
JV/consortium shall continue to retain above minimum holding till complete term of the
Contract.
5. Role of the Parties:
The Parties hereby undertake to perform the roles and responsibilities as described below:
a. Party of the First Part shall be the Lead Member of the Consortium and shall have the
Power of Attorney from all Parties for conducting all business for and on behalf of the
Consortium during the Tender Process, the signing date Agreement and the executio n
of the contract.
b. In addition to the above, the role of the Party of the First Part shall be as follows: -
(please provide)
The role of the Party of the Second Part shall be as follows: -
(please provide)

6. The JV/consortium hereby confirm that the percentage shareholding of the total Paid up Share
Capital of each JV/consortium members in the Registered (unlimited liability) partnership shall
be as under:

Status of the consortium % of the total Paid up Share Capital in the


Sl.No Member consortium

“consortium Leader”
1 (Minimum 51%)
consortium Member (1)

2 “consortium Member (2)” (Minimum 4 9 %)

* Strike out, if not applicable


7. The JV/consortium Members agree and undertake that the JV/consortium Members shall hold
and own their shareholding as per the terms of Tender document and Agreement during the
term of Contract.

8. It is further agreed between the JV/consortium Members to this Agreement that the
responsibilities and obligations of each of the Member in the JV/consortium shall be delineated
in Appendix-1 to this Agreement. It is further agreed by the JV/consortium members that the
above sharing of responsibility and obligations shall not in any way be a limitation of joint and
several responsibilities of the members under the contract.

9. The JV/consortium Members hereby irrevocably and unconditionally undertakes, agrees and
acknowledges that their respective obligations hereunder:
a. are irrevocable, absolute and unconditional, irrespective of the value, genuineness,
validity, regularity or enforceability of the Services of the Agreement, or the insolvency,
bankruptcy, re-organization, dissolution, winding-up or liquidation of the JV/consortium
or any change in the ownership of any of the JV/consortium Member, or any purported
assignment by the Bidder or any other circumstances whatsoever which might
otherwise constitute a defence or discharge of a guarantor or surety;
b. shall not be affected by the existence of or release or variation of any guarantee of or
Page 75 of 84
security for any of the obligations of the Bidder under the Agreement;
c. shall not be affected by any failure by DIRECTOR OF MINES & GEOLOGY to pay
or perform any of their obligations under the Agreement, or any waiver of any of such
obligations;

d. shall not violate any Applicable Law presently in effect and having applicability to it;

e. shall not violate the memorandum and articles of association, by-laws or other applicable
organizational documents thereof;

f. violate any clearance, permit, concession, grant, license or other governmental


authorization, approval, judgment, order or decree or any mortgage agreement,
indenture or any other instrument to which such Party is a party or by which such Party
or any of its properties or assets are bound or that is otherwise applicable to such Party;
or
g. shall not be affected by any exercise or non-exercise of any right, remedy, power or
privilege of any person under or in respect of any payment obligations of the Bidder
under the Agreement; and

a) shall not be affected by any failure, omission or delay on DIRECTOR OF MINES


& GEOLOGY’s part to enforce, assert or to exercise any right, power or remedy
conferred on DIRECTOR OF MINES & GEOLOGY in this COA or any such failure,
omission or delay on DIRECTOR OF MINES & GEOLOGY’s part in connection
with any obligation of the Bidder under the Agreement.
b) in case the work is awarded, the agreement / deed is irrevocable by any one or all
the members together until 9 months after completion of contract period- i.e. the
claim period. In case of Extension of time granted by the Director of Mines &
Geology, the deed is also deemed to be extended for the period of such extension
granted by the Director of Mines & Geology and that it is irrevocable until 9 months
after the completion of the extended periods.

10. Each JV/consortium Member hereby represents and warrants that:

a. it is duly organized and validly existing under the laws of the jurisdiction of their
organization, with full power, authority and capability to enter into this COA and to
perform all acts and obligations contemplated herein;

b. the signature and delivery of this COA on its behalf and the exercise of its rights and
performance of its obligations under this COA have been duly authorized;

c. this COA has been duly signed and delivered by it and its obligations described in
this COA are legal, valid and binding obligations of such JV/consortium Member; and

d. the execution and/or performance of this COA:


(i) will not conflict with or violate any provision of any of its constitutional
documents/ charters or other organizational document;
(ii) will not require any notice to or filing with, or any Approval of, any Authority or the
consent of any third party;

(iii) will not conflict with, result in a breach of, constitute (with or without due notice

Page 76 of 84
or lapse of time or both) a default under, result in the acceleration of obligations
under, create in any person the right to terminate, modify or cancel, or require
any notice, consent or waiver under, any contract or instrument to which such
JV/consortium Member is a party or by which such JV/consortium Member is
bound or to which any of such JV/consortium Member ‘s assets are subject;
(iv) will not result in the creation or enforcement of any Security Interest upon any
assets of the JV/consortium;
(v) will not violate any Applicable Law or any order, writ, injunction, or decree
applicable to it;

11. This COA shall be construed and interpreted in accordance with the laws of India. In the event
of any dispute or claim of any kind whatsoever that may arise between JV/consortium
Members or DIRECTOR OF MINES & GEOLOGY as a result of construction, interpretation or
application of any of the terms and conditions of this COA, such dispute shall be settled in with
accordance with terms of the Agreement. The courts having jurisdiction in the city where the
head office of the Director of Mines & Geology is situated (presently in Vijayawada, Andhra
Pradesh).shall have exclusive jurisdiction in all matters under this Agreement.

12. Subject to Clause 3, the JV/consortium Members hereby acknowledge and agree that this
COA has been executed for the sole benefit of DIRECTOR OF MINES & GEOLOGY and for
the specific purpose of ensuring that DIRECTOR OF MINES & GEOLOGY receives the
benefits of the Bidder’s services under and in accordance with the Agreement. Accordingly,
DIRECTOR OF MINES & GEOLOGY shall, notwithstanding anything contained herein, at all
times have the right to enforce the performance by JV/consortium Members of their obligations
pursuant to this COA read with the Agreement and JV/consortium Members hereby irrevocably
and unconditionally waive any defence, rights or protection that they may have in law, contract
or otherwise in this regard.

13. None of the JV/consortium Members shall assign or delegate its rights, duties or obligations
under this COA and the Agreement in any manner whatsoever, except with prior written
consent of DIRECTOR OF MINES & GEOLOGY.

14. We, the JV/consortium partners agree that this Agreement shall be irrevocable and shall form
an integral part of the Contract. We further agree that this Agreement shall continue to be
enforceable till the successful completion of Contract and till the Owner discharges it.

15. The terms and conditions of this COA shall not be amended or modified, except with prior
written consent of DIRECTOR OF MINES & GEOLOGY.

16. Above undertaking to be without any prejudice to the various liabilities of the members of the
JV/consortium including performance security deposit (EMD) as well as all the other
obligations for successful completion of the contract. The JV/consortium members are
individually and severally responsible for all Contractual obligations till completion of contract
period plus 9 months as claim period, irrespective of the share proportions of the
JV/consortium members.

IN WITNESS WHEREOF, the JV/consortium Members have, through their authorized


representatives, executed these presents and affixed the common seals of their respective
companies on the day, month and year first mentioned above at -----------
----
(Place).

Page 77 of 84
On behalf of JV/consortium On Behalf of JV/consortium
Member1/ JV/consortium Leader Member 2

Name: Designation: Name: Designation:

Common Seal of JV/consortium Common Seal of JV/consortium


Member (2)
Member(

1) Witness-1 Witness-1

Witness-2 Witness-2

Note: Notarised Power of Attorney of the Persons signing on behalf of JV/consortium


Members along with Board Resolution in support of Power of Attorney shall
necessarily be furnished and to be attached with the signed JV/consortium
Operating Agreement.

JOA/COA responsibility matrix:

S.No. Responsibilities Lead Member of Other Member of


JV/Consortium JV/Consortium

Page 78 of 84
Schedule VI - FORMAT OF PERFORMANCE SECURITY

[Reference number of the bank] [Date]

To
Director of Mines & Geology
[Address]

WHEREAS:

(A) [Name of the Successful Bidder ] incorporated in India under the, [Name of relevant Law/ Act] with
corporate identity number [CIN of the Successful Bidder], whose registered office is at [address of
registered office], India and principal place of business is at [address of principal place of business, if
different from registered office] (the “Successful Bidder”) is required to provide an unconditional and
irrevocable bank guarantee for an amount equal to INR [figures] (Indian Rupees [words]) as a
performance security for a period of [period of performance bank guarantee].

Mentioned only for Companies, the format to include individuals / other applicants also

Or

[Name of the Successful Bidder i.e., JV/consortium Leader/ JV/consortium member 1 incorporated
in India under the, [Name of relevant Law/ Act] with corporate identity number [CIN of the Successful
Bidder], whose registered office is at [address of registered office], India and principal place of
business is at [address of principal place of business, if different from registered office] and M/s-------
--------- (Name of the JV/consortium member 2 incorporated in India under the, [Name of relevant Law/
Act] with corporate identity number [CIN of the Successful Bidder], whose registered office is at
[address of registered office], India and principal place of business is at [address of principal place of
business, if different from registered office] are the Members of JV/Consortium, having its Registered
office/Head office at …………………………………….. (hereinafter called the "JV/consortium" or the
“Successful Bidder” is required to provide an unconditional and irrevocable bank guarantee for an
amount equal to INR [figures] (Indian Rupees [words]) as a performance security for a period of [period
of performance bank guarantee].

Mentioned only for JV/Consortium, the format to include individuals / other applicants also

(B) The Performance Security is required to be provided to Director of Mines & Geology, [Insert
Package/Office name] (the “State”) for discharge of certain obligations under the Seigniorage fee &
consideration amount Collection Contract Agreement dated [date] with respect to Seigniorage fee &
consideration amount Collection Contract Agreement (the “Agreement”).

(C) We, [name of the bank] (the “Bank”) at the request of the Successful Bidder do hereby undertake to
Page 79 of 84
pay to the State Government an amount not exceeding INR [figures] (Indian Rupees [words])
(“Guarantee Amount”) to secure the obligations of the Successful Bidder under the Agreement on
demand from the Director of Mines & Geology, [Insert Package/Office name] on the terms and
conditions herein contained herein.

NOW THEREFORE, the Bank, hereby issues in favour of the Nominated Authority this irrevocable and
unconditional payment bank guarantee (the “Guarantee”) on behalf of the Successful Bidder in the
amount INR [figures] (Indian Rupees [words])
1. The Bank for the purpose hereof unconditionally and irrevocably undertakes to pay to the
Nominated Authority without any demur, reservation, caveat, protest or recourse, immediately on
receipt of first written demand from the Nominated Authority, a sum or sums (by way of one or
more claims) not exceeding in the aggregate the amount of INR [figures] (Indian Rupees [words])
without the Nominated Authority needing to prove or to show to the Bank grounds or reasons for
such demand for the sum specified therein and notwithstanding any dispute or difference between
the State and Successful Bidder on any matter whatsoever. The Bank undertakes to pay to the
State any money so demanded notwithstanding any dispute or disputes raised by the Successful
Bidder in any suit or proceeding pending before any court or tribunal relating thereto the Bank‘s
liability under this present being absolute and unequivocal.

2. The Bank acknowledges that any such demand by the State of the amounts payable by the Bank
to the State shall be final, binding and conclusive evidence in respect of the amounts payable by
Successful Bidder to the State under the Agreement.

3. The Bank hereby waives the necessity for the State from demanding the aforesaid amount or any
part thereof from the Successful Bidder and also waives any right that the Bank may have of first
requiring the State to pursue its legal remedies against the Successful Bidder, before presenting
any written demand to the Bank for payment under this Guarantee.

4. The Bank further unconditionally agrees with the State that the State shall be at liberty, without
the Bank‘s consent and without affecting in any manner the Bank‘s obligation under this
Guarantee, from time to time to:
(i) vary and/or modify and of the terms and conditions of the Agreement;
(ii) extend and / or postpone the time for performance of the obligations of the Successful
Bidder under the Agreement, or
(iii) forbear or enforce any of the rights exercisable by the Nominated Authority against the
Successful Bidder under the terms and conditions of the Agreement.

and the Bank shall not be relieved from its liability by reason of any such act or omission on the
part of the Nominated Authority or any indulgence by the State to the Successful Bidder or other
thing whatsoever which under the law relating to sureties would, but for this provision, have the
effect of relieving the Bank of its obligations under this Guarantee.

5. Any payment made hereunder shall be made free and clear of and without deduction for, or on
account of, any present or future taxes, levies, imposts, duties, charges, fees, commissions,
Page 80 of 84
deductions or withholdings of any nature whatsoever and by whom ever imposed; and where any
withholding on a payment is required by law, the Bank shall comply with such withholding
obligations and shall pay such additional amount in respect of such payment such that the State
receives the full amount due hereunder as if no such withholding had occurred. It is clarified that
even in such case the obligation of the Bank shall not in any manner exceed in the aggregate the
amount of INR [figures] (Indian Rupees [words]).

6. The Bank agrees that State at its option shall be entitled to enforce this Guarantee against the
Bank, as a principal debtor in the first instance without proceeding at the first instance against the
Successful Bidder.

7. The Bank further agree that the guarantee herein contained shall remain in full force and effect
during the period that specified in the Agreement and that it shall continue to be enforceable till
all the obligations of the Successful Bidder under or by virtue of the said Agreement with respect
to the Performance Security have been fully paid and its claims satisfied or discharged or till the
State certifies that the terms and conditions of the Agreement with respect to the Performance
Security have been fully and properly carried out by the Successful Bidder and accordingly
discharges this guarantee. Notwithstanding anything contained herein, unless a demand or claim
under this guarantee is made on the Bank in writing on or before the [date of expiry of bank
guarantee] the Bank shall be discharged from all liability under this guarantee thereafter.

8. The payment so made by the Bank under this Guarantee shall be a valid discharge of Bank‘s
liability for payment thereunder and the State shall have no claim against the Bank for making
such payment.

9. This Guarantee is subject to the laws of India. Any suit, action, or other proceedings arising out
of this Guarantee or the subject matter hereof shall be subject to the exclusive jurisdiction of courts
at Andhra Pradesh.

10. The Bank has the power to issue this Guarantee in favour of the State. This guarantee will not be
discharged due to the change in the constitution of the Bank.

11. The Bank undertakes not to revoke this Guarantee during its currency except with the previous
consent of the State in writing.

12. The Director may, with prior intimation to the Bank, assign the right under this Guarantee to any
other employee of the Department, which may act in the name of the Director of Mines &
Geology. Save as provided in this Clause 12, this Guarantee shall not by assignable or
transferable.

13. Notwithstanding anything contained herein, the liability of the bank under this bank guarantee
shall not exceed the guarantee amount. This bank guarantee shall be valid up to the expiry
date.
Page 81 of 84
14. The bank is liable to pay the guaranteed amount or any part thereof under this bank guarantee
only and only if the State serves upon the bank a written claim or demand on or before the
expiry date.

Dated the [day] day of [month] [year] for the Bank.

In witness whereof the Bank, through its authorized officer, has set its hand and stamp.

(Signature)
___________________________
(Name and Designation)
_____________________________
(Bank Stamp)

NOTES:
(v) The Bank Guarantee should contain the name, designation and code number of the officer(s)
signing the guarantee. Each page of the BG should be duly signed/initialled by the executants
and Stamp of the Bank to be affixed thereon.
(vi) The address, telephone number and other details of the head office of the Bank as well as
of issuing branch should be mentioned on the covering letter of issuing Branch.
(vii) The Bank Guarantee shall be payable at a Bank listed in the Tender document
(viii)The Bank Guarantee should be on Non-Judicial stamp paper/e-stamp paper of appropriate value
as per Stamp Act prevailing in the State(s) where the BG is submitted or is to be acted upon or
the rate prevailing in the State where the BG is executed, whichever is higher. The Stamp
Paper/e-Stamp paper shall be purchased in the name of Bidder/Bank issuing the guarantee.

Page 82 of 84
Schedule VII – FORMAT FOR FINANCIAL CAPABILITY

A. Annual Turnover (to be certified by Statutory Auditor of the Bidder (in Rs Crores)

Name of the Bidder FY 2018-19 FY 2019-20 FY 2020-21 Average


Bidder Name/JV/consortium
Leader
JV/consortium Member 2

B. Net-worth as on date 31.03.2021 (to be Certified by Statutory Auditor of the Bidder)- in Rs


Crores

Name of the Net worth for the latest Year (2020- Bidder JV/consortium
Bidder 21) /JV/consortium member 2
Leader
1 Subscribed and Paid-up Equity
2 Reserves
3 Revaluation reserves
4 Miscellaneous expenditure not
written off
5 reserves not available for
distribution to equity shareholders
Total Net worth (1+2-3-4-5)

Note: Bidders to strike off which is not applicable for them

Name of the Audit Firm:


Registration Number of the Audit Firm:
Seal of the Audit Firm:
UDIN No.:
(Signature, Name and Designation
of the Authorized Signatory)
Date:
Instructions:
1. Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) less (Revaluation
reserves + miscellaneous expenditure not written off + reserves not available for
distribution to equity shareholders).
2. The Statutory Auditor of the Bidder should certify the Net worth, Turnover tables

Page 83 of 84
Schedule VIII – FORMAT FOR CERTIFICATE OF TOTAL COMPLIANCE

(On letterhead of the bidder/Lead Member of the consortium)


Letter No. [●] Dated: [●]

Subject: Undertaking of Total Compliance with the scope of work, roles & responsibilities as
mentioned in the Tender Documents for Seigniorage fee and Consideration amount collection
contract for Package [ ]
Sir,
1. We.........................................................................................unconditionally offer to undertake
the works as indicated in the Tender Documents and hereby bind myself/ ourselves to execute
the work as per the scope stipulated in the Tender Documents, APMMC Rules, 1966 and any
other applicable Acts, Rules & procedures and under the subject- stated above.
2. We hereby confirm that the bid submitted by us is in “Total Compliance” with the Tender
Documents. All documents in support of compliance are placed in our Techno-Commercial
Proposal.
3. All information furnished in the offer is true to best of our knowledge and belief. We hereby
undertake the responsibility to prove to the satisfaction of Department of Mines & Geology the
genuineness of any information given our bid. We note that in the event of finding them false
eventually, our bid shall stand to be rejected automatically without any notice or reference to
us.
4. We unconditionally accept any penalty that may be decided by Department of Mines &
Geology furnishing false or misleading information in our bid.
5. We have read the conditions of Tender Documents, attached hereto and agree irrevocably to
abide by such conditions. We agree to execute the work and achieve the target without any
let or demur or hindrance.
6. We bind ourselves to furnish the required Performance security, failing which we shall have
no objection to the forfeiture of the Bid Security submitted by us with Department of Mines &
Geology and bear all the liabilities.

(Signature of the Authorized Signatory)


(Official Seal)
Name:
Designation:

Page 84 of 84

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