A.P. Mineral Development Corporation Limited (A State ...

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A.P. Mineral Development Corporation Limited (A State Government Undertaking)

E-TENDER CUM E-AUCTION

REQUEST FOR PROPOSAL (RFP)

FOR

Operation & Maintenance of Granite Survey Stones Cutting, Polishing & Engraving unit in Prakasam District

of Andhra Pradesh

The A.P. Mineral Development Corporation Limited (A State Government Undertaking)

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

Nodal Officer Sri S V C Bose, General Manager (Mktg., P&C) Contact: +91-7893033944 Email id: [email protected]

Tender No.: APMDC/SURVEY STONES O&M UNIT-3/2021

Dated: 14.09.2021

Tender Document Fee: INR 5,000/- + 18% GST = INR 5,900/-

(Non-Refundable) (Rupees Five Thousand Nine Hundred only) Note: The Tender Document Fee is non-refundable and non-transferable. All tender related payments to be made online only. DD’s are not accepted. Hard copy submission of documents not required

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NOTICE INVITING TENDER (NIT) The A.P. Mineral Development Corporation Limited

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

E-Mail: [email protected]

Request for Proposal (RFP) for Operation & Maintenance of Granite Survey Stones Cutting, Polishing & Engraving unit in Prakasam District of Andhra Pradesh.

Tender No: APMDC/SURVEY STONES O&M UNIT-3/2021 dated 14.09.2021

The Andhra Pradesh Mineral Development Corporation Limited (hereafter referred as ‘APMDC’ or the ‘Employer’), fully owned by the Govt. of Andhra Pradesh, invites e-tenders from reputed, experienced and competent bidders for Operation & Maintenance of Granite Survey Stones Cutting, Polishing & Engraving unit in Prakasam District of Andhra Pradesh.

The e-tender shall be published in the Online E-procurement portal www.tender.apeprocurement.gov.in.The intending bidders shall register themselves with the AP E-procurement portal using valid Digital Signer Certificate. The bidders need to submit a bid security of INR 12,00,000 (Rupees Twelve Lakhs only) through Online Payment in the E-Procurement portal.

The tender document can be viewed on www.tender.apeprocurement.gov.in or on www.apmdc.ap.gov.in from 14.09.2021 onwards. Terms and conditions, timelines etc. for participating in the e-tender shall be as provided in the tender document and the terms and conditions of AP E-Procurement portal shall also apply, if any.

Interested bidders can participate in the bidding only after payment of a non-refundable tender fee of INR 5,900/- (Rupees Five Thousand Nine Hundred only, Inclusive of GST) in addition to Bid Security payment through online payment in E-procurement portal. The bidder shall upload receipt/transaction acknowledgment along with the Technical Bid documents in the Online portal. Last date for submission of Technical Bid online is 28.09.2021 by 17:00 hrs. Any further communications, amendments etc. shall be available on the above website of AP E-Procurement and the website of APMDC and there will be no newspaper notification/advertisement in this regard.

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

Vice Chairman & Managing Director

(Representing Governor of Andhra Pradesh)

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Key Dates

Sl. No.

Event Description Date

1. Posting of tender document on Employer website & AP E-Procurement portal

14.09.2021

2. Last date of receiving pre-bid queries from Bidders 20.09.2021

@ 17:00 Hrs.

3. Pre-bid conference 21.09.2021

@ 11:30 Hrs.

4. Responses to queries by Employer 23.09.2021

5. Techno-Commercial Bid due date 28.09.2021

@ 17: 00 Hrs.

6. Opening of Technical Bid 28.09.2021

@ 17: 10 Hrs.

7. Announcement of the Technically Qualified Bidders 01.10.2021

8. Commercial Bid Opening of Technically Qualified Bidders 01.10.2021

9. Reverse E-Auction Shall be

communicated to qualified bidders

10. Issue of LOI to Selected Bidder Shall be

communicated to Selected Bidder

Note: In case any of the dates fall on a holiday/ Sunday, the date will automatically shift to the next working day.

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Data Sheet

Sl. No.

Parameter Details

1 Mandatory requirements to participate in E-Tender

All the participating bidders should: Register themselves in the AP eProcurement

portal www.tender.apeprocurement.gov.in Have a valid Digital Signature Certificate

(DSC) of signing type

2 Tender Document Fee INR 5,000 + 18% GST = INR 5,900 (Rupees Five Thousand Nine Hundred only)

3 AP E-Procurement Transaction fees for the tender

All the participating bidders should pay the applicable fee along with tax online in the E-Procurement portal during Bid submission

4 Amount of Bid Security (EMD)

INR 12,00,000 (Rupees Twelve Lakhs only) Exemption for MSEs (refer clause-5 of section-C)

5 Amount of Performance Security

Total 3% of the contract value Initially, 1% as BG &

2% as retention on each bill

6 Decremental Bid rate Minimum INR 1.00/- per stone

7 Nodal Officer Sri S V C Bose, General Manager (Mktg., P&C) Contact: +91-7893033944

8 E-mail address for submitting pre-bid queries

[email protected]

9 Address of Employer

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

10 Tender No. APMDC/SURVEY STONES O&M UNIT-3/2021, dated 14.09.2021

11 Venue for pre-bid meeting APMDC Corporate office at Vijayawada

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Disclaimer

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

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

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

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

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

The issue of this tender document does not imply that employer is bound to select a bidder and employer 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 Employer or any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain with the Bidder. This Tender Document is not transferable. The Tender Document Fee shall not be refunded

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Definitions

“Agreement" means the agreement to be entered between Employer and the Selected Bidder pursuant to the Bidding Process, for execution of the Project

“APMDC” means The Andhra Pradesh Mineral Development Corporation Limited (a Government of Andhra Pradesh Undertaking, representing the Governor) and shall include its legal representatives, successors, administrators and permitted assigns

“Applicable Laws” means any law, legislation, statute, rule, directive, ordinance, notification, exemption, regulation, judgements/ orders of a competent court, tribunal, regulatory bodies and quasi-judicial body or any interpretation thereof enacted, issued, or promulgated by any Government Authority and applicable to either employer or to the Bidders in relation to this RFP from time to time.

"Authorised Representative and Signatory" means the designated person of each Bidder authorized to represent the Bidder in all matters pertaining to its Proposal. These designated persons should hold the Power of Attorney duly authorizing him/ her to perform all tasks including but not limited to sign and submit the Proposal to participate in all stages of the Bidding Process; to conduct correspondence for and on behalf of the Bidder, and to execute the Agreement and any other documents required to give effect to the outcome of the Bidding Process.

“Bidder” shall be either individual or a company or a partnership firm or a consortium under the Indian Laws and shall have its registered office in India with names & addresses of all partners, who must be Indian citizens, shall find place with the register of firms.

"Bidding Document" means documents issued by APMDC vide RFP No. APMDC/SURVEY STONES O&M UNIT-3/2021 dated 14.09.2021 for Operation & Maintenance of Granite Survey Stones Cutting, Polishing & Engraving unit in Prakasam District of Andhra Pradesh through competitive bidding and shall include any modifications, amendments/corrigenda or alterations or clarification thereto.

"Bid Document Cost" shall have the meaning as set out in Clause 4 of the Section C.

"Bidding Process" shall mean the process governing the submission and evaluation of the Proposal as set out in Section B.

“Commencement Date” means the date of handover of manufacturing unit to the selected bidder

“Company” or “Corporate Entity” means a company as defined in the Companies Act, 1956 or the Companies Act, 2013, as the case may be.

“Earnest Money Deposit (EMD)” shall have the meaning ascribed to it at Clause 5 of Section C

“Performance Security Deposit” shall have the meaning ascribed to it at Clause 6 of Section C

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“Employer” or “Owner” shall mean Vice Chairman & Managing Director of “The Andhra Pradesh Mineral Development Corporation Limited” representing the Governor of Andhra Pradesh.

“Final Price Offer” at any point of time shall mean the lowest price that has been submitted during the reverse auction by a Qualified Bidder.

Financial Criteria” shall have the meaning given to it in Clause 4 of Section B.

“Financial Year” or “FY” means the 12 (twelve) month period corresponding to the audited annual accounts of the Bidder.

“Reverse auction” shall have the meaning ascribed to in Clause 2 of Section B.

“Government” means the Government of India or Government of Andhra Pradesh or an authorized representative, agency, department of the Government of India or Government of Andhra Pradesh.

“Government Approval” means any authorization, approval, consent, license or permit required from any Government Authority.

“Government Authority” means any government authority, statutory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof.

“L1 Bidder” or “Selected Bidder” means the Qualified Bidder who is eligible to participate in the reverse auction and has submitted the lowest Final Price Offer at the conclusion of the reverse auction.

“Letter of Award” or “LOA” means the written official intimation by Employer notifying the Selected Bidder that its Project Proposal has been accepted as per the terms and conditions mentioned therein.

“AP E-PROCUREMENT website” shall mean (www.tender.apeprocurement.gov.in).

“Project” refers to Operation & Maintenance of Granite Survey Stones Cutting, Polishing & Engraving unit in Prakasam District of Andhra Pradesh.

“State Government” means Government of Andhra Pradesh.

“Technically Qualified Bidder” shall mean the Bidder whose Technical Bid is scrutinized by Employer and found to be:

a) Responsive; and b) Meets the Technical and Financial Criteria,

to the satisfaction of Employer as per terms and condition of this document and is shortlisted for reverse auction

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“Qualified Bidder” shall mean the Bidder shortlisted for reverse auction as per terms and condition of this document

“Technical Criteria” shall have the meaning given to it in Clause 4 of Section B.

“Technical Bid” means the Proposal submitted by the Bidder in accordance with Clause 3 of Section B.

“Year” mean a period of 365 or 366 days (in leap years), in the Gregorian calendar, divided into 12 calendar months.

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Table of contents

Section A: Introduction .......................................................................................... 10

Section B: Information for Bidders ......................................................................... 11

Section C: General Conditions of Contract ............................................................. 30

Section D: Specific Conditions of Contract ............................................................ 46

Section E: Model Agreement .................................................................................. 59

Section -F: Annexures ............................................................................................ 62

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Section A: Introduction

1. About APMDC

a. The Andhra Pradesh Mineral Development Corporation Ltd. (“APMDC” or the “Corporation”) is a fully owned undertaking of the Government of Andhra Pradesh. It was incorporated on 24 February 1961 under the Companies Act 1956.

b. APMDC is engaged in commercial exploitation of various minerals and plays a pro-active role in the exploitation of valuable mineral resources and in the development of mining infrastructure in the state of Andhra Pradesh. APMDC is set to undertake several innovative and definitive measures in this regard.

c. APMDC is India’s largest producer and supplier of barytes since 1975 from its mines located in Mangampet Village, Kadapa District of Andhra Pradesh, India. This barytes deposit is the single largest deposit in the world and accounts for 95% of the Indian reserves. The quality of barytes mineral extracted from the mine is renowned globally for its oil drilling grade and other applications. Mangampet barytes mine has an existing production capacity of 3 Million Tonnes per annum and is planning to step up the production to 5 Million Tonnes per annum.

d. Apart from barytes, APMDC has other mineral assets such as granite, calcite, ball clay, etc. Also, APMDC has been allocated 2 (two) coal mines (Suliyari, Madanpur South) in allotment of coal blocks to public sector undertaking(s)in non-host state category under Government of India’s allotment for commercial mining. In addition to his, APMDC also won Brahmadiha Coal Mine in Jharkhand during the first ever commercial coal block auction in 2021.

2. Background

a. In December 2020, the state government of Andhra Pradesh launched ‘YSR Jagananna Shaswata Bhu Hakku mariyu Bhu Raksha Pathakam’ to Resurvey the entire state, including all agricultural lands, village sites in Gram Panchayats and urban lands, utilizing the hybrid technology including drones, Continuous Operating Reference Stations (CORS) Network.

b. The resurvey project also requires marking of all survey lands with reference points and each reference points is identified by establishing a granite stone at that point.

c. APMDC has been given the responsibility to supply Granite Survey Stones in all districts of Andhra Pradesh. Approximate total requirement of stones for this project is about 1 crore survey stones.

d. In this regard, APMDC is in the process of setting up Granite Survey Stones Cutting, Polishing & Engraving unit with a capacity of manufacturing minimum 4,000 survey stones per day in Prakasam District to ensure cost effectiveness and timely supply of survey stones in the state.

e. Now, APMDC intends to select a contractor for Operation and Maintenance of cutting, polishing & engraving unit being established in <District Name> District of Andhra Pradesh

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Section B: Information for Bidders

1. Description of Selection Process/ Bidding Process

The objective of Employer is to select a contractor who has the requisite financial strength and the appropriate experience in “Operation & Maintenance of Granite Survey Stones Cutting, Polishing & Engraving units” in accordance with the requirement(s) of Employer

1.1. Bidding Process

The auction would be conducted through a two-stage process comprising of:

a. Technical Bid in which the Bidders would be required to provide details regarding compliance with the Eligibility Conditions; and

b. Financial Bid comprising of the “Initial Price offer”. It is hereby clarified that the Financial Bid will comprise of two rounds. The Qualified Bidders shall be eligible to participate in the electronic reverse auction and submit their “Final Price Offer”.

1.2. Two stage tender process would be conducted in the following sequence

i. Technical Qualification ii. Determination of qualified bidders and “Final Price Offer”

1.2.1. Technical Qualification

a. The Technical Bid of each Bidder, which is duly submitted in accordance with this Tender Document along with the Bid Security (EMD) shall be opened by Employer on the date mentioned in Data Sheet. Employer reserves the right to ask for any details, clarifications or any other information, in writing based on information submitted by Bidders for the purpose of evaluation of Technical Bids or otherwise.

b. The Technical Bid and all related correspondence and documents in relation to the Bidding Process shall be in English language. For the purpose of interpretation and evaluation of the Bid, the English language translation shall prevail.

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

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

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

f. The Technical Bid submissions shall be duly signed by an authorized person. The power of attorney shall be uploaded along with the accompanying

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documents. APMDC may reject, outright any Bid unsupported by the adequate proof of the signatory's authority. The decision of APMDC in this connection is final and binding on the bidder

g. The Technical Bid shall be evaluated against the Eligibility Conditions and against the test of responsiveness (in accordance with Clause 3.15 of section B).

h. Only those Bidders who are found to be eligible in accordance with the prescribed eligibility conditions and whose bids meet the requirements under this Tender Document shall be declared as the “Technically Qualified Bidders”

1.2.2. Determination of Qualified Bidders and “Final Price Offer”

a. Only those Bidders who are declared as “Technically Qualified Bidders” shall be eligible for the next round of the tender process

b. The Initial Price Offer (IPO) of only the technically qualified bidders shall be opened.

c. The lowest initial price offer amongst the Technically Qualified Bidders shall be the ceiling price/base price for the second round of online electronic auction (“Ceiling Price”).

d. The Technically Qualified Bidders shall be ranked on the basis of the ascending 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 reverse e- auction (the “Qualified Bidders”).

e. Provided that where the total number of technically qualified bidders is less than two, then no technically qualified bidder shall be considered to be qualified bidder and the e- auction process shall be annulled.

f. 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

g. Provided further that the Employer may, in its discretion, decide not to annul the auction process if even in the second or subsequent attempt the total number of technically qualified bidders continues to be less than two and the Employer may, in such case, decide to consider the technically qualified bidders as qualified bidders so as to continue with the bidding process

h. 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

i. In the second round, the Qualified Bidders may submit their price offers (“Final Price Offer”) which must be lower than the Ceiling Price. The Final

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Price Offer may be revised till the conclusion of the e-auction in accordance with the technical details of the e-auction platform as specified below.

j. The Qualified Bidder who submits the lowest Final Price Offer shall be declared as the “Selected Bidder” on conclusion of the e-auction.

k. In case none of the Qualified Bidders submits a Final Price Offer on the online electronic auction platform, the Qualified Bidder(s) who has submitted the lowest Initial Price Offer i.e. the applicable Ceiling Price for the second round of e-auction, shall be declared as the “Selected Bidder”.

1.3. Clarification of Bidding Documents and pre-bid meeting

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

b. Any queries or requests for additional information concerning this Tender Document may be sent only in excel format by e-mail to the Employer at [email protected]

c. The email should clearly bear the following subject line: “Queries/Request for Additional Information under Tender no. APMDC/SURVEY STONES O&M UNIT-3/2021 dated 14.09.2021

d. 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 Employer reserves the right to not answer any query, including any query which is incomplete or anonymous.

e. The queries should be emailed on or before the due date specified for receiving queries.

f. The Employer shall endeavor to respond to the queries within the period specified. However, the Employer 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 Employer to respond to any question or to provide any clarification.

g. The Employer shall upload the responses/ clarifications for queries on the AP E-Procurement portal. The source of the query will not be mentioned.

h. A maximum of two representatives of each Bidder shall be allowed to participate in pre bid conference on production of duly issued authorization letter from the Bidder and proof of identity documents along with proof of payment of tender document fee. During pre-bid conference, the Bidders may seek additional clarifications and make suggestions for consideration of the Employer.

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

j. The Employer reserves the right to reschedule or cancel the pre-bid conference due to unforeseen circumstances with prior intimation to the Bidders on the website of APMDC/AP E-procurement portal.

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1.4. Letter of Award

a. Employer shall, after determination of the Selected Bidder through the reverse auction in accordance with Clause 2 of Section B hereof, issue the Letter of Award (LOA). Before issue of the LOA or at any stage thereafter, Employer reserves its right to conduct a due diligence on the Bidder at its own costs including right to visit the previous projects executed by the Bidder and whose experience it had claimed for meeting the Eligibility Criteria.

b. Employer may also involve its consultants and advisors in conducting the due diligence and the Bidder shall cooperate with Employer in the above exercise. The Letter of Award may not be issued to the L1 Bidder if any claim is found to be misleading or untrue in any respect and forfeit.

c. Upon satisfaction with the due diligence on the Bidder, Employer shall issue the Bidder with the Letter of Award confirming that the Bidder is the Selected Bidder

1.5. Execution of the Agreement

Within fifteen (15) days of receipt of the LoA, the Selected Bidder shall sign and date the Agreement along with all the documents specified at Clause 3.13 of Section B of this document and return it to the Employer.

In case the selected Bidder is a Consortium, within fifteen (15) days of issuance of Letter of Award, the Agreement along with all the documents specified at Clause 3.13 of Section B of this document shall be signed by “Authorized Representative and Signatories” of the Consortium. However, each Consortium Member shall also sign the Agreement and shall remain jointly and/ or severally responsible and liable to the Employer for the performance of all contractual obligations throughout the term of the Agreement

1.6. Right to annul Bidding Process

Employer reserves the right to annul the Bidding Process at any point in time and without providing any explanation to the Bidders

1.7. Material Deviation

Material deviations in the Proposals received shall include, inter alia, the following:

a. The Technical Bid or any accompanying document submitted by the Bidder is not in accordance with the formats given in this RFP.

b. Technical Bid not accompanied by all the documents required to be submitted in terms of this RFP.

c. It does not contain all the information (complete in all respects) as requested in this RFP and/ or Bidding Documents (in formats same as those specified)

d. The Technical Bid not accompanied by Earnest Money Deposit, appropriate Power of Attorney, Consortium Operating Agreement (if applicable)

e. The Technical Bid not accompanied by documentary evidence of the credentials of the Bidders(s).

f. The Technical Bid submitted by the bidder is conditional or qualified.

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g. The Technical Bid submitted by the Bidder is not valid for the minimum validity period of 180 days from the Proposal submission date.

h. It is otherwise material deviations in terms hereof.

1.8. Contacting APMDC

No Bidder shall contact the APMDC on any matter relating to the Proposal, from the time of the opening of Proposals to the time the contract is awarded. Any effort by a Bidder to influence the decision of APMDC in APMDC’s Proposal evaluation, Proposal comparison or award of the Agreement, may result in rejection of the Bidder’s Proposal

1.9. Confidentiality

Employer shall at all times treat all information, submitted/ received by it as part of Proposal, as confidential. Employer shall not divulge any such information unless it is directed to do so by any statutory entity that has the power under law to seek such information. Bidders will not disclose any confidential information to third parties without the prior written consent of Employer except as expressly permitted in this RFP.

1.10. Proprietary Data

All documents and other information supplied by Employer or submitted by a Bidder to Employer shall remain or become the property of Employer. Bidders are to treat all information as strictly confidential and shall not use it for any purpose other than for preparation and submission of their Proposal. During the term of the Agreement, the Contractor will not, without the prior written consent of Employer, either directly or indirectly, on its own behalf or in the service or on behalf of others, solicit or attempt to solicit, divert or hire away any person employed by Employer.

2. Reverse Auction

2.1. Business Rule of Reverse Auction:

A. Schedule for Reverse Auction

a. After opening of the technical Bid, the Qualified Bidders who shall become eligible to participate in the Reverse auction will be intimated about their qualification for Reverse auction through a system generated email. It shall be the sole responsibility of the Qualified Bidder to regularly check the AP E-Procurement website and login to see whether bidder has qualified for the Reverse auction or not. Employer will not be responsible for non-receipt of email by the Bidder and its consequences.

b. The schedule of the reverse auction shall be communicated to the Qualified Bidders.

c. The Reverse auction is the process of inviting binding Final Price Offer from the Qualified Bidders through internet for the purpose of determination of the Qualified Bidder who submits the Lowest Final Price Offer at the conclusion of the Reverse Auction ("L1 Bidder").

d. During this process, the Qualified Bidders shall be able to submit its Final Price

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Offer as many times as it wishes. The Qualified Bidders participating in the Reverse auction process shall remain anonymous to other Qualified Bidders as well as to AP E-PROCUREMENT.

e. The Qualified Bidders shall be able to see the prevailing Final Price Offer, but the name of the L1 Bidder at any point of time will not be displayed.

f. Bidders in their own interest are advised to get themselves acquainted with the Reverse Auction process of AP E-PROCUREMENT by getting their Authorized Signatory trained beforehand through some demo auctions, the schedule of which is given in the Schedule of Bidding Process hereof.

B. Auction Extension time

i. The Reverse auction process will have a scheduled start and end time, which will be displayed on screen. A Qualified Bidder will be able to put its Final Price Offer after the start of bid one time and till the end time of the Reverse 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 Reverse auction, the close time of the Reverse auction will be automatically extended by 15 (fifteen) minutes from the last received Final Price Offer time to give equal opportunity to all other Qualified Bidders. This process of auto extension will continue till there is a period of 15 (fifteen) minutes during which no Final Price Offers) are received.

ii. For example, assuming that the initial scheduled close time for a particular reverse auction is 1:00 pm and a Final Price Offer is received at 12:55 pm, the scheduled close time shall be revised to 1:10 pm. Again, if a Final Price Offer is received at 1:01 pm, the scheduled close time shall be revised to 1:16 pm and so on. In the event that there is no further Final Price Offer received till 1:16 pm, the Reverse auction will close at 1:16 pm. The revised close time will be displayed on screen and the Qualified Bidder(s) should keep refreshing its webpage to get the latest information.

iii. The above example is only illustrative and meant for guidance only.

iv. However, the Qualified Bidders are advised not to wait till the last moment to submit their Final Price Offer to avoid complications related to internet connectivity, their network problems, system crash down, power failure etc.

C. Procedure of Reverse auctioning

i. The lowest initial price offer amongst the Qualified Bidders shall be the ceiling price/base price for the second round of online electronic auction (“Ceiling Price”).

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

iii. The Qualified Bidder shall have to put the Final Price Offer lower than the displayed lowest bid by a minimum decrement of INR 1.00/- (i.e. One Rupee) to become the L1-Bidder

iv. After completion of the online Reverse auction, the Closing Price (CP) shall be

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available for further processing.

D. Post Reverse auction procedure

i. Employer subject to verifications stated elsewhere in this document, will proceed with the L1 Proposal received in the Reverse auction for further processing and award considerations.

ii. In case none of the Qualified Bidders submits a Final Price Offer on the online electronic auction platform, the Qualified Bidder(s) who has submitted the lowest Initial Price Offer i.e. the applicable Ceiling Price for the second round of e-auction, shall be declared as the “Selected Bidder”.

E. Qualifying requirements for participation in reverse auction

i. Only those Qualified Bidders who have submitted the initial price offer and who are considered technically and commercially responsive, shall be eligible to participate in Reverse auction process.

ii. Online Reverse auction shall be conducted by Employer on pre-specified date and time, while the Bidders shall be quoting from their own offices/ place of their choice. Internet connectivity shall have to be ensured by Bidders themselves.

iii. Bidders are requested to make all the necessary arrangements/ alternatives whatever required so that they are able to participate in the Reverse auction successfully. Failure of power or loss of connectivity at the premises of Bidders during the Reverse auction cannot be the cause for not participating in the Reverse auction. Employer shall not be responsible for such eventualities.

iv. During the course of Bidding Process, the Bidder cannot delete or increase such amount but can always decrease the same depending upon the amount quoted by other Bidders.

v. Bidders are advised to get fully trained and clear all their doubts such as refreshing of screen, quantity being auctioned, tender value being auctioned, auction rules etc.

vi. Bidders shall be assigned a unique username and password. Bidders are advised to change the password after the receipt of initial password to ensure confidentiality. All Proposals made from the login ID given to the Bidders will be deemed to have been made by the Bidders/ Bidders’ company.

vii. Upon receipt of the system report after completion of the online Reverse auction, L1 Bidder will be considered for further processing. Employer’s decision on award of contract shall be final and binding on all the Bidders.

viii. Employer reserves the right to cancel/ reschedule/ extend the Reverse auction process/ tender at any time, before ordering, without assigning any reason.

ix. Employer shall not have any liability to Bidders for any interruption or delay in access to the Site irrespective of the cause. In such cases, the decision of Employer shall be binding on the Bidders.

x. Other terms and conditions shall be as per Bidder’s Technical Bid and as per

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Employer’s Bidding Documents and other correspondences, if any, till date.

xi. Bidders are required to submit their acceptance to the stipulated terms and conditions before participating in the Reverse auction.

2.2. Terms and conditions of Reverse auction

Against this RFP for the subject project with detailed scope of Services as per Bidding Document, Employer shall resort to “REVERSE AUCTION PROCEDURE”. The philosophy followed for Reverse auction shall be English Reverse (No ties).

a. For the Reverse auction, Qualified Bidders only shall be eligible to participate. b. Bidders shall ensure online submission of their Final Price Offer within the

auction period. c. Employer along with AP E-PROCUREMENT will provide all necessary training

and assistance before commencement of Reverse auction. Employer, in case so required, shall arrange to demonstrate/ train the Bidder or Bidder’s nominated person(s), without any cost to Bidders. Employer shall also explain the Bidders, all the rules related to the Reverse auction/ Business Rules Document to be adopted along with Reverse auction manual.

d. Business rules for Reverse auction like event date, time, Final Price Offer increment, extension etc. shall be as per the business rules, enumerated at Clause 2.1 above, for compliance.

e. Bidders have to accept ‘Terms & Condition’ and the ‘Business rules of Reverse auction’ before start of Reverse auction. Without this, the Qualified Bidder will not be eligible to submit Price bid in the Reverse auction.

f. Reverse auction will be conducted on scheduled date & time, which shall be intimated to the Qualified Bidders in advance.

g. Bidders should acquaint themselves of the ‘Business Rules of Reverse auction’ stipulated at Clause 2.1 above

h. If the Bidder or any of his representatives are found to be involved in price manipulation/ cartel formation of any kind, directly or indirectly by communicating with other Bidders, action as per extant guidelines, shall be initiated by Employer.

i. The Bidder shall not divulge either his Final Price Offer or any other exclusive details of Employer to any other party.

j. Period of validity of Final Price Offer received through Reverse auction shall be same as that of the Proposal Validity Period offered.

k. Bidders should also note that: i. Although extension time is 15 minutes, there is a time lag between the

actual placing the bid on the local computer of the Technically Qualified Bidder and the refreshing of the data on to the server for the visibility to the Employer. Considering the processing time for data exchange and the possible network congestion, Technically Qualified Bidders must avoid the last-minute hosting of the Price bid.

ii. Technically Qualified Bidder will agree to non-disclosure of trade information regarding the purchase, identity of Employer, Bidding Process, bid technology, bid documentation and other Proposal details.

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iii. It is brought to the attention of the Bidders that the Reverse auction will lead to the final price only.

iv. Post Tender process, all Technical and other non-commercial queries (not impacting price) can only be routed to the Employer contact personnel indicated in the Bidding Documents.

v. Order finalization and post order activities such as payment etc. would be transacted directly between the L1 Bidder and Employer.

vi. In case of any problem faced by the Qualified Bidder during Reverse auction and for all Bidding Process related queries, Bidders are advised to contact AP E-procurement directly.

vii. Bidders are advised to visit the auction page and enter the ‘live auction’ cockpit successfully well in advance to identify/ rectify the problems to avoid last minute hitches.

viii. Employer will not be responsible for any PC configuration/ java related issues, software/ hardware related issues, telephone line glitches and breakdown/ slow speed in internet connection of PC at Bidder’s end.

ix. Bidders may note that it may not be possible to extend any help, during Reverse auction, over phone or in person in relation to rectification of PC/ Internet/ Java related issues and Qualified Bidder may lose the chance of participation in the auction.

x. No queries shall be entertained while Reverse auction is in progress.

3. Instructions on e-tendering and Reverse auction on AP E-Procurement website

3.1. Synopsis

The selection of the contractor for Operation & Maintenance of Granite Survey Stones Cutting, Polishing & Engraving unit in Prakasam District of Andhra Pradesh shall be through e-tendering followed by Reverse auction. The entire process shall be held on the AP E-Procurement website (www.tender.apeprocurement.gov.in).

Bidders are requested to read these instructions and terms & conditions before submitting their Proposal.

3.2. Help Desk Contact information from AP E-Procurement

Phone number: +91 8645- 246370 / 71 / 72 / 73 / 74

Email Address: [email protected]

3.3. Configuration

The Bidder may note that the following configurations will be required to be undertaken in their Internet Explorer browsers for smooth functioning of the website and the e-auction portal.

The system requirements are as follows:

a. Windows based operating system –Windows 7, Win.8, Win.8.1 and Win.10.

b. For Best viewing: Web browser – Internet Explorer 10 or above recommended.

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Mozilla Firefox Ver 40 or above recommended.

c. Some components of E-Procurement application are not compatible with Edge Browser in Windows 10 OS.

d. Latest Anti-virus running on the system

3.4. Connectivity:

a. Connect to the Internet via Dial UP Modem or any other mode (ISDN Modem / Cable connection / Leased line etc.)

b. Open the Web Browser and type www. apeprocurement.gov.in c. Click on Tender Login and follow the link d. Or to access Tender site https://tender. apeprocurement.gov.in

3.5. Trouble Shooting

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

a. Check your Internet connectivity.

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

c. 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.

d. 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).

e. 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.

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

g. In the tender site if you are facing any Data Signer Control Problems, do the following:

i. 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”.

ii. 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.

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

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Controls and Plug-ins -> Enable.

iv. Run the virus scan periodically.

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

3.6. Registration

a. All intending Bidders are required to register their firms/ companies with the AP e- Procurement Limited For online registration, for this, the bidder should visit the website at https://tender.apeprocurement.gov.in/login.html and click on the button “Registration”.

b. After reading all Terms and Conditions of Registration, the bidder may click ‘I AGREE’ and proceed further as mentioned below:

i. Select the Contractor/Supplier Type based on company type

ii. Click Verify Signing Certificate→ Select signing certificate→ Click Register

iii. After verifying Signing Certificate, the name in Signing Certificate will be auto populated as Authorized Signatory Name

iv. Click Verify Encryption Certificate→ Select encryption certificate→ Click Register

v. Encryption Certificate Verified

vi. 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

vii. Enter Office address → Registration Details & Upload relevant Documents → Enter Bank Account details → Click Submit

viii. 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

c. After the registration of Supplier Login (User id Not Yet Activated) i. Login with User ID & Password → Select Signing Certificate

ii. User can view the registration details before activation

d. Supplier Login After admin user revert (If any clarification/correction are required i. Login with User ID & Password → Select Signing Certificate.

ii. Supplier can modify the details based on specific remarks and upload supporting document(s)

iii. After uploading/modifying the required data → Click Update.

iv. Provision to view Updated details

v. Login with User ID & Password → Select Signing Certificate → Click Register →Click Login

e. The detailed User manual is available in the website of AP e-Procurement portal https://tender.apeprocurement.gov.in/downloads/supplier- registration.pdf

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

a. Minimum Hardware and Software requirements

b. User Workstation Requirements Hardware Requirements

c. A system with minimum Dual core / Core 2Duo Processor.

i. 1 GB RAM or above.

ii. 10 GB HDD or above recommended.

iii. Ethernet based Network Interface

iv. Modem or mode of connecting Internet for web-based users. Min. 512Kbps speeds.

v. Workable input and output devices.

vi. UPS for power backup.

3.8. 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.

3.9. e-Corpus Fund

The Selected 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

3.10. Bid Document Cost

The bid document cost is Rs. 5,000/- (Rupees Ten Thousand only) along with GST at the rate of 18% {Total Rs 5,900/- (Rupees Five Thousand Nine Hundred only)} ("Bid Document Cost") as the cost of the Bidding Document.

The bidder may note that the files containing information about the project 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 at its end to download these documents from the website of AP e-Procurement portal.

3.11. Online Submission of Technical Bid

a. To participate in the bid submission, Bidder need to register themselves in the AP eProcurement portal https://tender.apeprocurement.gov.in/ .

b. 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/.

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

d. 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

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

f. 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.

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

h. Next, you will be 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.

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

j. 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.

k. 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

l. 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.

m. 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

n. 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.

o. Filling the bid forms: 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.

p. After attaching all the mandatory documents then the filled status will change to green colour indicating the filled status.

q. Next the bidder has to enter the initial price offer in the commercial form and click on the save button

r. 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

s. 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.

t. 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.

u. 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.

v. After verifying the documents click on the final bid submission button and it

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shows the dialog box of Em singer where signing certificate will be displayed. Now select the certificate and click on register

w. 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

3.12. Delete / Modification/ Withdrawal of Bid

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 Employer.

3.13. Offline Physical Submission of Certain Documents

a. Hard copy submission or offline submission is not required for participation in the Bidding process.

b. After the L1 is bidder is selected, the Employer will notify via e-mail/ registered post to physically submit the following original documents: 1. Power of Attorney in the form and substance as provided in Annexure 3 2. Certificate from the Statutory auditor/ independent chartered Accountant with

UDIN, supported by extracts from the audited balance sheets and profit/loss account

3. Consortium Operating Agreement in the form and substance as provided in Annexure of this document (if applicable)

4. Any other original documents, as specified by the Employer c. The Selected Bidder shall submit the hard copy of all the documents within 3 days

of time. d. After verification of the documentations, the Employer will issue the Letter of Award

to the “Selected Bidder”.

Note: Online submission of Technical Bid with supporting documents and shall be allowed only up to closing time of online Proposal submission. Bidders in their own interest are advised to complete the entire process well in advance to avoid any last-minute hiccup/ technical problems. No complaints shall be entertained in this regard at any stage.

3.14. Digital Signature

a. 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

b. 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.

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

d. It will be the sole responsibility of the Bidder and its respective Authorized

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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/ Employer

e. Where the Bidder is Consortium, the bid shall be submitted by the Lead Member using its DSC

3.15. Test of responsiveness

a. The responsive Technical Bid shall be evaluated in detail to determine their fulfilment of Eligibility Criteria specified in Clause 4 of this Section.

b. During the Proposal evaluation, Employer may, at its discretion, ask the Bidder for a clarification of its Technical Bid including documentary evidence pertaining to only the reference declared in the Technical Bid for the purpose of meeting Qualifying Requirement specified in Clause 4 of this Section. The request for clarification and the response shall be in writing and no change in the substance of the Technical Bid including substitution of reference projects in the Qualification Proposal by new/additional credentials for conforming to Qualifying Requirement shall be sought, offered or permitted

4. Eligibility Criteria

The interested bidder shall qualify all of the following requirements:

S No Criteria Specific requirement Supporting Documents

1. EMD/Bid Security & Tender Document Fee

1. The Bidder shall submit the prescribed tender document fee and EMD/Bid Security

Exemption: EMD/Bid Security exemption as per clause 5 of Section-C

i. Scan Copy of Proof of payment

ii. In case applying for EMD exemption, bidder shall submit relevant documents as proof of eligibility for exemption from payment of EMD/bid security, along with a signed Bid securing declaration as per clause 5.e of section-C of this RFP

2. Legal entity

Bidder should be a 1. Partnership firm OR

i. A copy of Partnership Deed and

ii. A copy of Power of Attorney (duly registered) in favor of an individual to sign the tender documents and create liability against the Firm

2. Registered company under Companies Act 2013 OR

i. The copies of MOA (Memorandum of Association) /AOA (Articles of Association) of the company; and

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S No Criteria Specific requirement Supporting Documents ii. A copy of

Authorization/Power of Attorney issued by the Company (backed by the resolution of Board of Directors) in favor of the individual to sign the tender on behalf of the company and create liability against the company

3. LLP (Limited Liability Partnership) OR

i. A copy of LLP Agreement ii. A copy of Certificate of

Incorporation; and iii. A copy of Power of

Attorney/Authorization issued by the LLP in favor of the individual to sign the tender on behalf of the LLP and create liability against the LLP.

4. Proprietorship

i. A copy of notarized affidavit on Stamp Paper declaring that his/her Concern is a Proprietary Concern and he/she is sole proprietor of the Concern

Consortium of maximum three members is permitted

i. Consortium Operating Agreement

ii. A copy of Power of Attorney/ Authorization issued by the consortium members in favor of the individual to sign the tender on behalf of the consortium

The bidder must have valid PAN, GST, ESI & EPF. If the Bidder is a Consortium, all members of consortium shall have valid PAN, GST, ESI & EPF

Copies of PAN, GST, ESI & EPF

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S No Criteria Specific requirement Supporting Documents

3. Technical Capability

a) Bidders having more than 5 years of experience of satisfactory execution of similar works, shall be eligible to quote for the works.

b) In last 5 financial years, the bidder should have satisfactorily completed, similar works of value not less than Rs. 6 Cr in any one (1) financial year Note: Similar works: Manufacture/Processing of dimensional stones (Cutting/Polishing/ Engraving) (Granite/Marble or any other stones) or monument making or Operation & Maintenance of such plants/units

• Copies of work order along with completion certificate of the project(s) as a proof of satisfactory execution of similar works for more than 5 years and financial year wise value of work executed which is certified by the client. The certificates shall be duly attested by the statutory auditor

• In case the Bidder is seeking qualification as manufacturing unit Owner, the Bidder shall furnish a certificate of completion of work from the Statutory auditor of the Bidder. The certificate shall list down the activities undertaken by the bidder for seeking qualification under this criterion.

4. Financial Capability

The bidder should have a minimum average annual turnover of Rs. 3.6 Crore from Indian operations in the last three financial years i.e. 2017-18, 2018-19 and 2019-20

Certificate from the Statutory auditor/ independent chartered Accountant with UDIN, supported by extracts from the audited balance sheets and profit/loss account

The bidder should have a net- worth of at least Rs. 50 (fifty) Lakhs as on 31.03.2020

5.

Authorized representative from bidder

A power of attorney/copy of Board resolution with due authorization in the name of the person signing the bid

Original Power of Attorney (notarized) as per Annexure / Board Resolution Copy

6.

Declaration against Blacklisting/ Determination

The bidder should not be blacklisted by any Central / State Government/Public Sector Undertaking) or

A self-certified letter by the authorized signatory of the bidder on original letter head of

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S No Criteria Specific requirement Supporting Documents under a declaration of ineligibility for corrupt or fraudulent practices as on date of Bid Submission.

None of the bidder’s contracts should have been rescinded or terminated due to their default or poor workmanship, by any Central/State Government/Public Sector Undertaking.

the bidder with signature and stamp

Note: In case the annual accounts for the latest financial year FY 2020-21 are audited, the Bidder can provide the audited financial statements. In case the information is provided for the latest 3 years period i.e. 2018-19, 2019-20 and 2020-21, the same shall also be considered.

5. Other Qualification requirements

1. The bidder must have valid PAN & GST registration. Invariably must have GST Registration in Andhra Pradesh. If not having the GST Registration in Andhra Pradesh, must give an undertaking to register in AP and submit before entering into contract, in the event declared eligible. Any non-submission shall disqualify and to forfeit the EMD and to blacklist and / or to take other legal recourse.

2. Each bidder shall submit only one Tender for the work. A Bidder who submits more than one Tender either in the form of individual or a partner in the firm / J.V. partners / Companies will cause dis-qualification of all the Tenders submitted by the Bidder.

3. In case of consortium bidding, combination of members must meet the minimum eligibility requirements as stipulated under Technical and Financial Criteria as above.

4. In case of bidder is claiming relevant experience where it is operating either as individual or Firm or Company and even as part of a Consortium or Joint Venture, its experience shall be considered limited to the proportion of its Ownership or member of Consortium or Joint Venture, as the case may be.

5. In case of Consortium or Joint Venture bidding, combination of its members must not exceed three and they meet the minimum eligibility requirements as stipulated under the Technical and financial Criteria as above i.e. the lead member must be not less than 50% and of the others to represent the remaining to make 100% eligibility.

6. The Consortium /J.V. Agreement should clearly exhibit the responsibilities of each of the members. The non-lead members shall execute a Power of Attorney duly stamped and registered or notarized in favor of the Lead Member authorizing the Lead Member to conduct all business for and on behalf of the Consortium/J.V. during: (a) Tendering process and (b) execution and for successful performance of the Works in case of award of work.

7. All the Consortium /J.V. Partners shall execute a Power of Attorney in favor of one of its officers to be the Authorized Signatory for signing the Bid Documents and also to

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undertake all other acts and deeds on the behalf of the Consortium /J.V. in connection with the Bid and the Contract.

8. The Consortium /J.V. 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 12 months after completion of contract period- i.e. the claim period. In case of Extension of time granted by the employer, the deed is also deemed to be extended for the period of such extension granted by the employer and that it is irrevocable until 12 months after the completion of the extended periods.

9. The Consortium /J.V. Agreement should also include Consortium /J.V. members to agree that the above undertaking to be without any prejudice to the various liabilities of the members of the Consortium/J.V.(Contractor) including performance security deposit (PSD) as well as all the other obligations for successful completion of the contract. The Consortium /J.V. members are individually and severally responsible for all Contractual obligations till completion of contract period plus 12 months as claim period, irrespective of the share proportions of the Consortium /J.V. partners.

10. Change in composition of Consortium / J.V. is not permitted after submission of bids 11. In case any member of a Consortium /J.V. bids either in individual capacity or as

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

12. Foreign Companies/Firms/ Entities/Individuals are not eligible for participating in the bid even as a Consortium /J.V. partner

13. All the Consortium /J.V. 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 Consortium / Joint Venture of partnership meantime.

14. The authorization if at all to be given other than to the lead member for the purpose of this bid, it shall be by a duly stamped and registered or notarized power of attorney by other partners under the Indian Laws and if it was executed at abroad, to be attested and processed through the office of Embassy and stamped under Indian laws.

15. Each bidder shall submit only one Tender for the work. A Bidder who submits more than one Tender either in the form of individual or a partner in the firm / J.V. partners / Companies will cause dis-qualification of all the Tenders submitted by the Bidder

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Section C: General Conditions of Contract

1. Singular and Plural

Words imparting the singular number shall include the plural and vice versa when the context requires

2. Conflict of Interest

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

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

3. Amendment of Tender Document:

a. At any time prior to the e-Tender due date, APMDC may, for any reason, whether at its own initiative or in response to clarifications requested by a Bidder, modify the Tender Document by the issuance of Addenda/Corrigenda.

b. Any Addendum/Corrigendum issued hereunder shall be posted in the website of AP E-procurement portal. No newspaper advertisement shall be issued in this regard.

c. In order to afford the Bidders a reasonable time for taking an Addendum/Corrigendum into account, or for any other reason, APMDC may, in its sole discretion, extend the Technical Bid or the e-Tender due date, if required.

d. APMDC also reserves the right to modify or alter the Tender Document and also to withdraw or cancel the Bidding Process at any stage

4. Tender Document fee

Bidders are required to remit non-refundable tender document fee of INR 5,000 along with GST at the rate of 18% (Total INR 5,900/- (Indian Rupees Five Thousand Nine Hundred only) through online payment by NEFT/RTGS transfer. The bidder shall upload receipt / transaction acknowledgment along with the technical qualification documents in the Online portal. For Online payment of Tender fee, please use the following Department account

1 Name of the Beneficiary The Andhra Pradesh Mineral Development Corporation Ltd

2 Account Number 053411100003509 3 IFS CODE UBIN0811939

4 Name of the Bank and Branch

Union Bank of India, Tadigadapa, Vijayawada

Note: Bank transfer charges either way would be on bidder’s a/c only. Demand Draft payment is not accepted.

5. Earnest Money Deposit (EMD)

a. Tender must be accompanied by an EMD equivalent to Rs 12,00,000/- (Twelve Lakh

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Rupees only).

b. EMD can be paid online through the AP E-Procurement Portal.

c. As per Rule 170 of GFR along with subsequent amendments - “Micro and Small Enterprises (MSEs) as defined in MSE Procurement Policy issued by Department of Micro, Small and Medium Enterprises (MSME)” are exempted from submission of EMD (Bid security).

d. Bidders claiming exemption of EMD shall submit all the relevant documents as proof of eligibility for exemption from payment of EMD/bid security while submitting the technical bid documents.

e. Bidders claiming exemption of EMD are however required to submit a signed Bid securing declaration accepting that if they withdraw or modify their Bids during the period of validity, or if they are awarded the contract and they fail to sign the contract, or to submit a performance security before the deadline defined in the request for bids document, they will be suspended for the period of 12 months from being eligible to submit Bids for tenders with APMDC.

f. The bidders shall also furnish a declaration online stating that the soft copies of documents etc., uploaded by them are all genuine. Any incorrectness/deviation noticed will be viewed seriously and apart from cancelling of the Tender and forfeiting the EMD, criminal action will be initiated including suspension from participating in the tenders / blacklisting and the like.

g. EMD / Performance Security Deposit of previous tenders and or any other deposit/credit balance with the Employer will not be considered for adjustment towards EMD for this tender.

h. The EMD must be submitted along with the Technical Bid.

i. The price bids/E-Tender of the bidders who have not submitted the prescribed tender document fee and EMD as above shall not be opened. Tenders without tender document fee and EMD shall be invalid.

j. The EMD of unsuccessful Bidders will be refunded within 90 days from the date of finalization of the tender.

k. The EMD amount shall not bear any interest.

l. The EMD of the Selected Bidder shall be returned after submission of Performance Security Deposit/ PBG.

m. The EMD shall be forfeited by the Employer in any of the following events:

i. If the tender is withdrawn by the bidder of the bid during the validity period of the bid or any extension thereof as agreed to by the bidder.

ii. If the tender is varied or modified by the bidder during the validity period and any extension thereof as agreed to by the bidder.

iii. If a bidder whose tender is accepted, fails to submit Performance Security Deposit / Performance Bank Guarantee as required and or sign the Agreement within the stipulated time.

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iv. If the bidder furnishes any false information or tries to put any influence on the Employer to get the work or misbehaves with the officials of the Employer during the process of tender.

6. Performance Security Deposit (PSD)

a. The Selected Bidder (s) shall pay total performance security deposit (PSD) of 3% of the contract value. The Selected Bidder shall submit an initial security deposit of 1% of the contract value in the form of an unconditional and irrevocable Performance Bank Guarantee (PBG) on any nationalized bank or public sector bank or the following private sector banks: HDFC Bank, ICICI Bank, Kotak Mahindra Bank, Axis Bank in favor of the Employer as per the proforma given in Annexure 11 within 15 days from the date of issue of LOI/LOA by the Employer. Failing which, the Employer may at its sole discretion cancel the LOI/LOA and forfeit the EMD.

b. Contract value shall be calculated as the product of

i. Minimum assured annual production of survey stones (ie. Targeted production per day X 25 X 12; assuming 25 calendar days per month and 12 months in a year)

And

ii. Final price offer submitted by the selected bidder for Operation & Maintenance (O&M) charges for production of Granite survey stones as per specifications

c. In addition to depositing PBG, the contractor shall provide Further Security Deposit (FSD) in the form of “Retention Money”. The Retention money shall be 2% of each running account bill, till final bill. The retention money will be returned to the contractor along with the refund of PBG

d. The PBG to be furnished by the Selected Bidder (s) to the Employer as above should be valid for an initial period of 1 year from the date of the signing of contract with a claim period of 1 year from the date of expiry of the contract. The performance Security Deposit including Performance Bank guarantee shall not bear any interest. Any bank charges or commission on account of furnishing the performance bank guarantee shall be borne by the Selected Bidder only. Failure to comply with the requirements under this clause by the Selected Bidder shall lead to annulment of the contract and forfeiture of EMD submitted by the Selected Bidder. The Performance Security Deposit amount including Performance Bank Guarantee as above will be returned to the Selected Bidder by the Employer within 03 months from the date of expiry of the contract, on production of “No dues certificate” issued by the authorized representative of the Employer and an unconditional "No claim certificate" by the Selected Bidder.

e. The Employer reserves the right to forfeit PSD or adjust the amounts recoverable as against Performance Security Deposit (including invocation of Performance Bank Guarantee) in accordance with Termination of contract clause 30 of Section C. The decision of the Employer is final and binding on the Selected Bidder.

f. The Employer also reserves the right to adjust any sum of money due and payable

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by the Contractor to the Employer against Performance Security Deposit in case the Employer is unable to recover the due amounts from the Contractor.

g. In case the PBG expires during the currency of the contract, the Contractor shall extend the validity of the PBG for the remainder of the contract period, at least thirty days before expiry of every Bank Guarantee. Failure to extend Bank Guarantee within stipulated time shall form event of default by the Bidder and the Bank Guarantee shall be forfeited in addition to other consequences of default.

7. Submission of price bid

The bidders shall submit the Initial Price Offer (exclusive of GST) in the standard online format provided in the Annexure 7. They shall also upload online scanned copies of duly filled Price bid as per Annexure 7. The Price bid of only the eligible technically qualified bidders shall be opened.

8. Cost of submission of bid:

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

9. Contract Payment Terms

a. The Employer shall pay on basis of monthly production of the survey stones to the contractor as per the rate finalized in the agreement towards operation and maintenance of unit & production of granite survey stones as per the specified specifications

b. Payment to the contractor will be made subject to meeting the operational targets specified by the Employer such as minimum production as per clause 13 of Section-D in this RFP, quality, wastage etc.

c. All payments under the contract will be made in Indian currency by RTGS/NEFT on a nationalized bank. Payment to the contractor will be made on submission of bills in accordance with the procedure as laid down in this tender.

d. The contractor shall ensure that the invoice to be raised with APMDC is compliant with the provisions of the GST law and contains the requisite details in an accurate manner for claiming of Tax credit by Employer if required.

e. The Retention money towards PSD shall be collected @ 2% of each bill, till final bill.

f. The APMDC reserves the right to release the payment of GST amount only post matching of the invoices in the GSTN System. This shall be ensured by the contractor that the invoice raised by him during a month is appropriately reported in GST returns of the said month.

g. The Selected Bidder(s) shall not be eligible for any other payment other than the rate quoted and finalized in the agreement.

h. The total charges per stone, exclusive of taxes, quoted for the complete scope of work in the price bid, shall be the sole criteria for bid evaluation and the L1 bidder shall be adjudged the preferred bidder

i. All-inclusive rate quoted will be the sole bid parameter

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j. The selected bidder(s) shall make the necessary payments to all the employees deployed by the Selected Bidder before 5th of every month. Employer shall process the bills of the contractor only upon submission of valid proof of payment to the deployed employees, every month

k. If it is found that the contractor has received any excess payment by mistake or if any amount is due to the Employer due to any reason, and it is not possible to recover such amounts, the Employer reserves the right to recover the same from any other amounts/ Performance Security Deposit remitted by the contractor with the Employer

l. The Contractor shall maintain detailed accurate records, challans, bills etc. with regards to any payment for inspection by the Employer and in absence of which the Employer may withhold the payment

m. No interest will be paid for any money or balance due with the Employer owing to a dispute or with respect to any delay on the part of the Employer in making interim or final payment or otherwise.

n. TDS/TCS/Surcharge as applicable will be recovered from all the bills.

o. Final Bill: When the final bill has been prepared, the Employer shall give thirty days’ notice to the contractor to countersign the bill in token of acceptance; the contractor shall countersign the bill, within the above thirty days, or intimate in writing his intention to dispute particular details. In the latter event he shall submit within a further period of thirty days a comprehensive list of the disputed items with all reasons for the dispute. Should the contractor fail to take appropriate action as above within the periods prescribed, the bill prepared by the Employer shall be final and binding on the contractor. The contractor shall have no right to dispute the same

10. Retention Money

a. In addition to depositing PSD, the contractor shall provide Further Security Deposit (FSD) in the form of “Retention Money”. The Retention money shall be collected @ 2% of each bill, till final bill.

b. The Retention Money shall not be released in exchange of Bank Guarantee (BG)

c. The retention money will be returned to the contractor at the successful completion of the contract period, along with the refund of 1% PBG, as per the procedure specified.

11. Late bids

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

b. The Employer at its discretion may extend the deadline for submission of bids by issuing an amendment on the website of APMDC and AP E-procurement portal in

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which case all rights and obligations of the Employer and Bidders previously subject to the original dead line shall thereafter be subject to new deadline as extended.

12. Opening of Bids

a. The Employer shall open the technical bids on the technical bid due date as specified in the tender document in presence of tender committee.

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

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

Note: APMDC reserves right to reject any or all bids received without assigning any reason

13. Period of validity of bids

Validity date is 180 days from last date of submission. A proposal valid for a shorter period may be rejected as nonresponsive. The Employer will make its best effort to complete negotiations within this period. In case of need, the Employer may request the Bidders to extend the validity period of their Proposals. Bidders who do not agree have right to refuse to extend the validity of their proposal and under such circumstances, the Employer shall not consider such proposal for further evaluation.

14. Withdrawal of bids:

No Bid shall be withdrawn in the interval between Bid submission and expiry period of validity (Section C, Clause-13). Any such withdrawal of Bid shall result in forfeiture of Bid security.

15. APMDCs right to accept/reject bids:

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

16. Rejection criteria

Besides other conditions and terms highlighted in the tender document, bids may be rejected under following circumstances:

a. Bids not qualifying under eligibility criteria. b. Bids submitted without or improper EMD or tender fees c. Bids received through any platform other than e-tendering platform as

mentioned in the tender d. Bids which do not confirm unconditional validity of the bid as prescribed in the

Tender e. If the information provided by the Bidders is found to be incorrect / misleading

at any stage / time during the Tendering Process f. Any effort on the part of a Bidders to influence the purchaser’ s bid evaluation,

bid comparison or contract award decisions

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g. Bids received after the last date for receipt of bids prescribed in the data sheet. h. Bids without signature of person (s) duly authorized on the bid i. Bids without power of authorization and any other document consisting of

adequate proof of the ability of the signatory to bind the Bidders. j. Technical Bid containing commercial details or any such hints/ calculations

/extrapolations/ records. k. Revelation of Prices in any form or by any reason before opening the Commercial

Bid l. Failure to furnish all information required by the Tender Document or

submission of a bid not substantially responsive to the Tender Document in every respect.

m. Bidders not quoting for the complete scope of Work as indicated in the Tender documents, addendum (if any) and any subsequent information given to the Bidders.

n. Bidders not complying with the General Terms and conditions as stated in the Tender Documents.

o. The Bidders not confirming unconditional acceptance of full responsibility of providing services in accordance with the Scope of work, General Terms & Conditions of this tender.

p. If it is found that firms have tendered separately under different names for the same contract, all such tender(s) shall stand rejected and tender deposit of each such firm/ establishment shall be forfeited. In addition, such firms/ establishments shall be liable at the discretion of the APMDC for further penal action including blacklisting.

q. If it is found that multiple bidders have uploaded separate tenders/ quotations under different names of firms/ establishments but with common address for such establishments/ firms, are managed or governed by the same person/ persons jointly or severally, such tenders shall be liable for penal and legal action including blacklisting.

r. If it is found that bidder is not performing as per scope of work of this RFP, timeline, required service/maintenance, such firms/ establishments shall be liable at the discretion of the APMDC for further penal action including blacklisting.

s. If after awarding the contract, it is found that the accepted bid violated any of the directions pertaining to the participation, the contract shall be liable for cancellation at any time during its validity in addition to penal action including blacklisting against the bidders.

17. Site visit

The Bidder may visit the project site or APMDC office and obtain all information that may be necessary for preparing the Bid document. The visit may be used to seek clarification on the tender. It shall be used as a medium of understanding the exact needs and requirements for completing the technical and commercial response of the bid. The cost of such visits to the site(s) shall be at the Bidder's own expense.

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18. Award criteria

The Project is for operation & maintenance of Granite Survey Stones Cutting, Polishing & Engraving unit. In case of delays or non-performance beyond stipulated time frame, APMDC may at its own discretion award the work to another contractor at the L1 rate + differential to be deducted from the existing contractor

19. Duration of the Agreement

a. The duration of the Agreement will be for 12 months from the date of handover of the unit to the selected bidder

b. Upon satisfactory performance, the agreement can be extended for a period of 12 more months with mutual consent and negotiation, at the discretion of APMDC.

c. However, if the performance of the contractor is found unsatisfactory and it fails to meet the terms of the Agreement and guidelines of APMDC and other statutory bodies, issued from time to time for safe and successful operation and maintenance, APMDC reserves the right to cancel the contract after giving 30 days of notice, and shall be entitled to get the work completed at the Contractor’s risk and cost.

d. APMDC may issue a notice of suspension to the Contractor at any time during the agreement directing to suspend all or any part of the operations, stating the estimated length of and reason for the suspension. The Contractor shall, on receipt of a notice of suspension, take all reasonable steps to immediately suspend all services. Duration of the agreement may change as per discretion of APMDC

20. Work to the satisfaction of Employer

The contractor shall execute, complete and guarantee the work in strict accordance with the contract to the satisfaction of the Employer and shall comply with and adhere strictly to the Employer’s instructions and directions on matters touching or concerning the work.

21. Unsolicited modification (s) to the tender

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

22. Transfer of tender document

The tender documents are non-transferable.

23. Correspondence:

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

24. Clarification in respect of incomplete offers:

The Employer has to finalize the tender within a limited time schedule. Therefore, it may not be feasible in all cases for the Employer to seek clarifications in respect of

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

25. Income Tax liability

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

26. Insurance

a. The employer is not intending to take any Insurance coverage as the G.O.Ms.No.5, Finance (Works & Projects–F7) Dept., dt.05.03.2014 have issued orders dispensing with mandatory insurance cover of all works.

b. However, it will not exempt the bidder/Contractor so far as statutory liability to take insurance coverage for vehicles, workmen/employees of the Contractor and as such it is for the Contractor to take insurance for the workers and vehicles etc., besides property and material of him and of the employer with him, else to bear own risk to make good for any loss/damage etc., accidental or otherwise.

c. The Contractor shall provide in the joint names of the Employer and the Contractor, d. insurance cover from the Start Date to the end of the Defects Liability Period, in the

amounts and deductibles stated in the Contract Data for the following events which are due to the Contractors risks.

i. loss of or damage to the Works, Plant and Materials ii. loss of or damage to Equipment iii. loss of or damage of property (except the Works, Plant, Materials and

Equipment) in connection with the Contract; and iv. personal injury or death.

e. Policies and certificates for insurance shall be delivered by the Contractor to the Nodal Officer or his nominee for the Nodal Officer or his nominee’s approval before the Start Date. All such insurances shall provide for compensation to be payable in the types and proportions of currencies required to rectify the loss or damage incurred.

f. If the Contractor does not provide any of the policies and certificates required, the Employer may effect the insurance which the Contractor should have provided and recover the premiums the Employer has paid from payments otherwise due to the Contractor or, if no payment is due, the payment of the premiums shall be a debt due.

g. Alterations to the terms of an insurance shall not be made without the approval h. of the Nodal Officer or his nominee. i. Both parties shall comply with all conditions of the insurance policies

27. Refund of Bid Security

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

28. Liquidity Damage

i. The time and date stipulated in the contract for the commencement of the work

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or any part or stage thereof shall be strictly observed by the Contractor and also will be deemed to be the essence of the contract. If the contractor fails to start the work or any part thereof within the stipulated time, the contractor shall pay to the Employer on demand, without prejudice to other rights and remedies, the Employer may have against the contractor, a sum equivalent to 0.1% of contract value for delay in commencement of work for every 1 week as compensation (and not as a penalty) which is the reasonable pre-estimate of damage for every week or part thereof provided always that the entire amount of the compensation to be paid under the provisions of this clause shall not exceed 10% of the contract value of work.

ii. Such decision in writing from the concerned authority of Employer shall be final and binding on the contractor. The Employer may, without prejudice to any other method of recovery, deduct the amount of such compensation from any money in their hands, due or which may become due to the contractor

29. Breach of Contract

a) Definition of breach of contract i. If the contractor having been given by the Employer a notice in writing to rectify

or replace defective work or to remove the material condemned or rejected by the Employer or that the work is being performed in an inefficient or otherwise improper or un-workman like manner shall neglect to comply with the requirements of such notice for a period of 15 days thereafter or if the contractor shall delay or suspend the execution of the work so that, in the judgments of the Employer (which shall be final and binding) either he shall be unable to secure completion of the work by the date set for completion or he has already failed to complete the work by the date.

ii. If the contractor being a company shall pass a resolution if the court makes an order that the company shall be wound up or if a receiver on behalf of creditor shall be appointed or if circumstances shall arise which entitle the court or creditor to appoint a Receiver or which entitle the court to issue a winding up order

iii. If the Contractor shall become bankrupt or have a receiving order made against him or shall present his petition in bankruptcy or shall make an arrangement with or assignment in favour of his creditors or shall agree to carry out contract under a committee of inspection of his creditors (being a Employer) shall go into liquidation (other than a voluntary liquidation for the purpose of amalgamation) or the contractor shall assign the contract without consent in writing of the Employer first obtained or shall have an execution levied on his goods

iv. If the Contractor commits breach of any of terms and conditions of this contract. b) Rescinding Contract:

When the contractor has made himself liable for action under any of the cases under Clause 29 a, the Employer shall have powers:

i. To determine or rescind the contract as aforesaid (of which termination or rescission notice in writing to the contractor by the Employer shall be conclusive evidence) upon such determination or rescission, the security deposit of the contractor shall be at the disposal of the Employer

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ii. The certificate of the Employer as to the value of the work done shall be final and conclusive provided always that action under this sub-clause shall only be taken after giving notice in writing to the contractor. Provided also that if the expenses incurred by the Employer are less than the amount payable to the Contractor at his agreement rates, the differences shall not be paid to the contractor. Provided further that the Employer shall have the option of taking over all or any of the unused materials of the contractor lying at the site at the time of rescission of the contract at their actual price or at the current market rate whichever is less. Alternatively, clearance of these materials as also debris, if any, from the site shall be done at the cost of the contractor.

iii. After giving due notice to the contractor to measure the work done by the contractor and to take such part thereof as shall be unexecuted out of his hands and to give it to another contractor to complete at the risk & cost of the contractor, in which case all expenses which may be incurred in excess of that which would have been payable to the original contractor, if the work had been executed by him (of the amount which is excess, the certificate in writing of the Employer shall be final and conclusive), shall be borne and paid by the original contractor and will be deducted from any money due to him by the Employer under this contract or any other account whatsoever or any money due to him by the Employer or any Department of the Central Government/Public Sector Undertakings and is recoverable from the contractor through any other legal recourse.

iv. In the event of any one or more of the above courses being adopted, the contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any materials or entered into any agreement or made any advances on account or with a view to the execution of the work or the performance of the contract, provided in case action is taken under any of the provisions aforesaid, the contractor shall be entitled for payment only for such portions of the works actually executed under this contract and provided the Employer has certified in writing that the execution of such work has been in accordance with the conditions of the contract and also the value payable in respect thereof.

30. Termination of contract

a) Termination for default i. The APMDC may without prejudice to any other remedy or right of claim for

breach of contract, by giving not less than 15 (fifteen) days written notice of default to the contractor, terminate the contract in whole or in part: If the contractor breaches any of the terms and conditions of the contract. If the Contractor fails to render any or all the services within the time

period(s) specified in the contract or any extension thereof granted by APMDC in writing

If the Contractor, in either of the above circumstances, does not remedy its failure within a period of 15(fifteen) days after receipt of the default notice from APMDC

If the Contractor in the judgment of APMDC has engaged in corrupt or fraudulent practices in completing or in executing the contract

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ii. In the event, APMDC terminate the contract in whole or in part, APMDC may get such services done, upon such terms and in such manner as it deems appropriate and the Contractor shall be liable to APMDC for any risk and costs for such similar services. However, the Contractor shall continue performance of the Contract to the extent not terminated.

b) Termination for insolvency APMDC may at any time terminate the Contract by giving not less than 15 (fifteen) days written notice to the Contractor, without compensation to the contractor, if the Contractor becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to APMDC

c) Termination for Convenience Notwithstanding anything contained in this clause, if at any time after the commencement of the work, the Employer shall for any reason whatsoever not require the whole or a part thereof as specified in the Tender Documents to be carried out by the Contractor, the Employer shall give notice in writing of the fact to the Contractor who shall have no claim to any payment or compensation whatsoever on account of any profit or advantage, which he might have derived from the execution of the work in full but which he did not derive in consequence of the full amount of the work not having been carried out neither shall have any claim for compensation by reason of any alternations having been made in the original specifications, drawings, designs and instructions which shall involve any curtailment of the works as originally contemplated. Provided that the contractor shall be paid the charges on the cartage to the site of work only for manpower/equipment/materials actually brought to the site of the work by the contractor and rendered surplus as a result of the abandonment or curtailment of the work or any portion thereof and then taken back by the contractor.

31. Suspension of works

The contractor shall on the written order of the Employer suspend the progress of work or any part thereof till such time which should not generally exceed 30 days on each occasion and in such manner as the Employer may consider necessary and shall during such suspension properly protect and secure the work so far as is necessary in the option of the Employer

32. Requirements where there are no specifications

In cases where no particular specifications are given for any item or materials or workmanship as stipulated under the contract, the same shall invariably be the best of their respective kinds in all respect and in accordance with the requirements, instructions and the specifications prescribed by the Employer.

33. Urgent repairs

If by reason of any accident or failure or other event occurring to or in connection with the work or any part thereof either during the execution of the work or during the operation & maintenance and remedial or other work or repair shall, in the opinion of the Employer be urgently necessary for security and the contractor is unable or unwilling at once to support such work or repair, the Employer may be by

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its own or through other workmen do such work or repair as the Employer may consider necessary. If the work or repair so done by the Employer is such which in the opinion of the Employer, the contractor was liable to do at his own expense under contract, all costs and charges properly incurred by the Employer in so doing shall on demand be paid by the contractor to the Employer or may be deducted by the Employer from any money due or which may become due to the contractor.

34. Price variation

Save as specifically provided elsewhere in the conditions of contract, the contract price shall not be adjusted in respect of any increase or decrease of cost to the contractor in carrying out the work by reason of alterations in the rate of wages and allowances payable to labour or change in the conditions of employment thereof or change in the cost of materials, consumables, fuel and power or the operation of any law or statute or variation in the cost of any other matter or thing of whatsoever nature, subsequent to the date of tender

35. Fraud and Corruption

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

a. Defined, for the purposes of this provision, the terms set forth as follows: i. “Corrupt practice” means behavior on the part of officials in the public or

private sectors by which they improperly and unlawfully enrich themselves and/or those close to them, or induce others to do so, by misusing the position in which they are placed, and it includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; and

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

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

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

36. Force Majeure

a. After conclusion of contract between the Employer and the Contractor,' in the event of either party being rendered physically unable, by Force Majeure events to perform any obligation required to be performed by them under the contract, the relative obligation of the party affected by such Force Majeure events shall be suspended for the period during which such cause actually lasts.

b. The term Force Majeure events shall mean, acts of God, War, Civil riots, fire, flood, earthquake, hurricane, lockouts, pandemic, strikes (not related to the Contractor and its employees) Civil War, Compliance with any statute, directions issued by any

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Governmental Authorities or regulation of the Government directly affecting this contract or the suspension of work, wholly or partly, by APMDC or authorized representative of APMDC.

c. Upon the occurrence of such cause and upon its termination the party, alleging that it has been rendered unable as aforesaid thereby, shall notify the other party in writing within a week of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of his claim.

d. Time for performance of the relative obligation suspended by Force Majeure shall then stand extended by the period for which such cause lasts. Provided that the period so lost is 30 days and below in a year, no extension of the period is allowed. Provided further, that the period so lost is more than 30 days in a year, the actual days lost over and above 30 days will be allowed.

e. During the period of delay attributed to an event of Force Majeure (unless this Agreement has been terminated or cancelled) in accordance with its terms: i. The Affected Party shall use best efforts to overcome and minimize the effects

of any event of Force Majeure and resume performance of obligations as soon as practicable after the effect of the event of Force Majeure ceases to exist.

ii. In order to resume normal performance of this Agreement within the shortest practicable time, the Affected Party shall take all measures to this end which are commercially reasonable in the circumstances, taking into account the consequences resulting from such event of Force Majeure and shall, every week thereafter, give the other Party a written statement on its progress; and

iii. The Parties shall perform their obligations under this Agreement to the extent not prevented by the occurrence of an event of Force Majeure and take reasonable steps to mitigate the impact of such event.

37. Settlement of disputes

37.1. Amicable Settlement

In the event of any dispute or claim of any kind whatsoever that may arise between the Parties as a result of construction, interpretation or application of any of the terms and conditions of the Agreement or performance of it, either Party may by written notice inform the other Party of such dispute ("Dispute Notice").

The Parties shall within a period of 30 days from the date of receipt of Dispute Notice by such other Party meet and endeavor to settle such dispute in an amicable manner through good faith discussions.

37.2. Civil Court

If the Parties fail to resolve such a dispute or difference by good faith discussions, then the dispute shall be decided by Civil Court having jurisdiction in the city where the head office of the Employer is situated (presently in Vijayawada, Andhra Pradesh).

38. Default

a. If the Contractor commits any default in any of the terms of the agreement, the Contractor agrees to indemnify the Employer fully for such defaults or breach of the contract.

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b. The Employer reserves the right to set off the losses incurred by the Employer due to failure on the part of the Contractor on any account against the Performance Security Deposit and or against any amounts available with the Employer.

c. The Contractor shall be liable to bear any losses and damages suffered by the Employer from what-so-ever quarter due to delays in releasing of payments and removal of cargoes within the stipulated periods.

39. Indemnity Against Accidents

a. The Contractor is responsible for any type of accident whether major/minor in nature occurring during performance of the contract/work. He shall be responsible for payment of compensation as per workmen’s compensation Act and shall keep the Employer fully indemnified in this regard.

b. The Employer is not liable for any of the damages or losses or compensation payable in the event of failure by the Contractor to comply with the provisions of any of the applicable laws, contractual obligations or due to accidents.

c. The Employer shall not be liable for any liability arising out of operations (incl. for the violations of applicable laws) by the Contractor. The Contractor shall be solely responsible for all such liabilities and shall keep the Employer fully indemnified in this regard at all times

d. The Contractor is responsible for any type of accidents whether major/minor in nature occurring during the performance of the contract. It shall be responsible for the payment of compensation as per the applicable laws and shall keep the Employer fully indemnified in this regard.

e. Contractor shall ensure the compliance with all the applicable laws and shall be solely responsible for such compliance

40. Compliance with Statutes

a. The Contractor shall comply with all the relevant laws applicable in respect of this contract and shall be solely responsible for such compliance.

b. The Contractor shall comply with all relevant provisions Minimum Wages Act,1948, payment of Bonus Act, 1965, payment of Gratuity Act 1972, Workmen’s Compensation Act, 1923 contract labour (Regulation and Abolition) Act, 1970 Employees Provident Fund Act, 1952, Employment Exchange (compulsory notification of vacancies) Act, 1959, Industrial Disputes Act, 1947, and any applicable tax laws. Rules and Regulations framed under the above-mentioned Act and any amendments that might be formulated from time to time.

c. In case of pandemic such as Covid-19 during the project period, the contractor shall adhere to all applicable guidelines and rules released by regulatory authorities such as CPCB, SPCB, SBM etc. to take necessary measures against the pandemic

d. The Contractor shall rectify violations, if any, pointed out by any representative of APMDC within the stipulated time at his risk and cost. In case the violations are not rectified by the Contractor within the stipulated time, the Employer shall rectify such violations and recover the cost incurred by it from the Contractor.

41. Registration Under Contract Labour (Regulation & Abolition) Act 1970

a. The Contractor shall get themselves registered under the contract labour (Regulations & Abolition) Act as and when applicable within a period of 30 days from

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the date of commencement of work and shall comply with the Act and Rules made thereunder.

b. Further the Contractor at his cost shall arrange appropriate quality shelter, water and Medical facilities for the workmen engaged by him.

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Section D: Specific Conditions of Contract

1. Contractor’s Scope of Work

1.1. Production of Granite Survey Stones a. Deployment of adequate number of skilled, semi-skilled and unskilled

manpower for production of specified number of granite survey stones b. Undertake all the activities for producing 4,000 survey stones per day, which

includes: Transportation of raw material (granite) from the mine(s)* (specified by

APMDC) till manufacturing unit Unloading & stacking of raw material within the premises of

manufacturing unit earmarked for the purpose Handling and processing of raw material at all the stages (cutting,

polishing, engraving & stacking) till production of survey stones as per the required specifications

Loading the finished survey stones into the trucks (as specified by APMDC) for despatch to destination

Stacking of wastage material at the location earmarked for the purpose Note:

Ownership of the wastage material lies with APMDC

*Typical distance from the mine to manufacturing unit likely to be less than 10Km

1.2. Operation & Maintenance a. Contractor shall operate & maintain all machinery (electrical, mechanical,

control system and etc if any) in accordance with the recommendations of the Supplier(s), Original equipment manufacturer(s) and Utility Good Practices so that the whole unit runs in an economical and efficient manner without any breakdown and without adversely affecting the life of machinery

b. Contractor should utilize his resources in well-coordinated and effective manner for smooth operation of the plant to ensure round the clock production of survey stones

c. The Mechanical, Electrical & Control systems equipment/s of the unit are very critical for their satisfactory and uninterrupted operations. Therefore, these are to be operated and maintained with the best engineering practices and skills. The Contractor must operate and maintain these with their accomplished professionalism in such a way that the machine & equipment system availability are maintained as per the best industry practices.

d. In the event of malfunctioning or breakdown of any equipment covered under this O&M Contract, it shall be the responsibility of the Contractor to immediately inform the Employer & Supplier and coordinate with the Supplier until the resolution of the issue. The Contractor shall make all efforts for field repair of all such defective equipment/ assemblies / components and make the equipment functional with minimum loss of time

e. If any equipment / component, sub-assembly is not field repairable and requires workshop repair, the contractor shall notify and consult APMDC for

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taking the same to the supplier workshop or any other reputed workshop and getting the same repaired. The Contractor shall ensure that such repairs are carried out expeditiously and the equipment / component / assembly are brought back at the earliest.

f. If any such failure is attributable due to contractor's fault and if repair is chargeable, contractor shall bear the cost of repairs at actual. If failure is not attributable due to contractor's performance, cost of such repairs shall be borne by APMDC at actual

g. Any equipment / assembly are beyond repair, due to normal wear and tear and the Contractor is not responsible for the same, APMDC shall decide for the replacement of the same. However, to arrive at such a decision, the Contractor shall submit the detailed root cause/failure report along with their findings and recommendations to APMDC for consideration

h. The spares and consumables (Diamond tools for block cutter, CNC tooling, New Steel Blanks & etc. if any) for carrying out all operation and maintenance activities shall be provided by the Contractor at his own cost. Provided however that, spares and consumables required for repair jobs which are not attributable due to contractor's fault would be supplied by APMDC to the contractor

1.3. Compliances with Safety & Statutory provisions

a. All existing and amended safety/fire rules shall be followed by the contractor and his employees within the processing unit

b. The Contractor shall comply with all the latest relevant laws/acts applicable in respect of this contract and shall be solely responsible for such compliance

1.4. Administrative

a. Contractor shall pay electricity, water and other related charges incurred for production of survey stones & incidental activities

b. Contractor shall involve in the preparation of SOP's for smooth run of the plant, to carry out Predictive, Preventive and Planned maintenance as per OEM's recommendation for all the equipment’s from time to time.

c. Recording of data in logbooks and check sheets as per the requirement d. Floor area cleaning, scrap removal, housekeeping and equipment cleaning

1.5. Screening, Handling & Transportation of raw material (granite) from the

mine till manufacturing unit a. Contractor’s responsibility includes Screening of the raw material, handling &

shifting of raw material (granite) from the mine(s)/pit head/dump (specified by APMDC) till manufacturing unit

b. At any given time, Contractor shall co-ordinate with the Employer and ensure that adequate raw material (granite) to meet minimum 15 days requirement shall be stacked in the premises of manufacturing unit

c. In case of any shortfall in maintaining minimum reserve stock of raw material, APMDC shall impose suitable penalties

d. It is not mandatory for the contractor to own the vehicles necessary for transportation. He may also enter into hiring arrangements with other

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transporters and deploy such vehicles under this tender. However, he will be held responsible for the effective delivery of service as per the scope of work for all the vehicles supplied by him, including those taken on hire basis

e. Contractor shall be responsible to ensure the availability of minimum no.of vehicles at the mine/manufacturing unit and should also see to it that:

i. Vehicles have fitness certificate/permits/licenses issued by the RTO, SPCB and all relevant authorities, the required taxes/fees have been deposited and they are properly covered by insurance.

ii. Vehicles are fitted with GPS based Vehicle Tracking devices (VTDs), from the vendors empaneled by Department of Mines & Geology, Andhra Pradesh

iii. Vehicles are well maintained/cleaned and all repairs have been done iv. Licensed and fit Driver is available with the truck, ready to make the

delivery. Only experienced, skilled and disciplined drivers of sound health, good behavior and antecedents, having valid and requisite driving license shall be deployed by the contractor for driving the granite transporting vehicles deployed for the work. Contractor shall ensure that in no case shall any unauthorized driving of the vehicles is permitted

v. The tare weight, gross weight & maximum carrying capacity of the truck and the dimension of the body of the truck shall be clearly indicated on the body of each trucks deployed for the work and maintained in good legible conditions at all times.

vi. The truck shall be loaded only up to the maximum carrying capacity and shall not be overloaded under any circumstances.

vii. During the course of operations, APMDC/Government of Andhra Pradesh may issue guidelines/directions from time to time, to ensure transparency

viii. The contractor shall not have any claim whatsoever for the idleness of his employees/granite carrying vehicles for want of raw material or non-availability of departmental equipment or lack of space available at the unloading site or any dislocation en-route and/or for any other reason

ix. APMDC shall have no responsibility/liability whatsoever for any accident/damage to the contractor/s vehicle/equipment in transit or while engaged in the work.

x. The contractor shall familiarize himself and fully comply with the provisions of all the Acts/Rules/Regulations/By-laws and orders of the Local authority/Municipality/State Govt./Central Govt. applicable to the worker. Mines Act, DGMS Circulars, Payment of Wages Act, Motor Vehicle Act, Workmen’s Compensation Act, etc. and shall be fully responsible and liable for due observance of the same. APMDC shall have no responsibility/liability whatsoever on these accounts and the contractor shall fully indemnify the Company against any claim/dispute/reference Award, etc. arising out of the same

1.6. Other Terms & Conditions

a. The facilities are owned by APMDC and it has all rights to enter any time, inspect, audit or do as it deems fit whatever is necessary in the interest of the plant with due intimation to the Contractor as far as possible

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b. APMDC shall be entitled to designate a representative or representatives who shall at all the time have complete access for the purpose of observing or inspecting the operation & maintenance work performed by the Contractor in order to judge whether the Contractor is complying with the provisions of the Contract. Such representative or representatives shall be empowered to act for APMDC in all matters relating to Contractor's performance herein undertaken by the Contractor

c. The Contractor, further, shall always have to agree to co-operate with and extend assistance to employees of APMDC or to the employees of any other Contractor engaged by APMDC for the performance of any other function

d. Contractor shall notify APMDC in writing of the name(s) and authority of its representative or representatives. Such representative or representatives shall be fully capable of and fully empowered to act for the Contractor in all matters relating to the Contractor's performance of the operations & maintenance tasks herein undertaken

e. The bids will be deemed to have been submitted by the bidder after completely understanding the complete scope of work

f. Accessibility and location, infrastructure facilities, working conditions, work timings etc, shall be verified by the bidders by themselves for assessing the scope of work required before submitting the offer. All arrangements required for inspection are to be made by the bidders at their cost.

g. The offers are deemed to have been submitted considering that the bidders have inspected the project site to their satisfaction and understood the requirements of the Employer

h. Instructions of Engineer-In-Charge are to be followed by the contractor. The contractor shall co-operate and coordinate with APMDC shift-in-charge for round-the-clock execution of the contract

i. The contractor shall produce the survey stones as per the tentative specification enclosed as per Annexure-12. However, at any given point of time, Employer/GoAP has right to modify the specifications and same shall have to be complied by the contractor

j. The produced survey stones should meet quantity and quality obligations as specified by APMDC/GoAP. In case of non-conformity, the defective survey stones shall be rejected and APMDC reserves the right to implement suitable penalties

k. On completion of contract tenure, contractor shall ensure handover of Granite survey stones cutting, polishing and engraving unit to APMDC in the same condition as handed over to the contractor before commencement of the operation & maintenance.

2. APMDC’s Scope of Work

a. Handover of Granite survey stones cutting, polishing and engraving unit to the operation & maintenance contractor in an operational condition (detailed list of Plant & machinery & specifications enclosed as annexure-13).

b. Supply of raw material (granite) excluding screening, handling & transportation from mine(s)/pit head/dump

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c. Deployment of necessary manpower for supervision of works being executed by the O&M contractor

d. Transportation of finished survey stones to the destination

3. Contractor’s supervision

a. The Contractor, without prejudice to the rights of the Employer regarding operation and maintenance as set out in the various clauses of this contract, shall provide full superintendence during the execution of the work and also thereafter as the Employer may decide. The contractor shall locate a competent representative and any necessary assistants duly approved by the Employer constantly on the works and shall give whole time supervision on the works. Such authorized representative shall receive on behalf of the contractor, directions and instructions from the Employer.

b. Misconduct of the contractor’s staff: The Employer shall be at liberty to object to and require the contractor to remove from the works any person who engaged by the contractor who, in the opinion of the Employer is incompetent or negligent or misconducts himself in the proper performance of his duties or whose continuance on the works is otherwise considered undesirable. Such persons shall be removed forthwith and shall not be reemployed in and about the site of the works. Any person so removed shall be replaced forthwith by a competent substitute failing which such action of the Contractor will be termed as breach of contract and the consequences will follow.

c. Contractor’s responsibility for method of working: The contractor shall be responsible for the practicability and suitability of application of his method.

d. Setting out works, levels, alignment, dimensions & measurements: The contractor shall be responsible for the true and proper setting out of works and for the correctness of the dimensions of all survey stones being produced. APMDC shall arrange to supply or provide all necessary instruments, appliances, and equipment in connection therewith. If, at any time during the progress of the works, any error shall appear in regard to positioning, level, dimensions or alignment etc., of any part of works, the contractor shall immediately notify the Employer and shall at his own expense rectify such errors and mistakes with the approval of the Employer. The direction of the Employer for the checking of any setting out or dimensions or levels shall not in any way relieve the contractor of his responsibility under the contract. The contractor shall also supply the requisite number of persons with necessary instruments and accessories for making any counting and taking measurements or examination of works at any time during the progress of the works.

e. Care of site: The contractor shall at all times during the execution of the works maintain the site and working area free from all surplus materials, rubbish and offensive matter all of which shall be disposed of in a manner to be approved by the Employer on the completion of the works, the contractor shall clear away and remove from the site all surplus materials, rubbish and temporary works in a manner to be approved by the Employer and leave whole of the site and works clean and in a workman like condition

f. Contractor’s office and stores: All offices, sheds and stores required by the contractor shall be erected at his own cost with the prior approval of the Employer and shall be

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dismantled and removed upon the completion of the contract if so directed, within 1 week of the issue of such intimation. Such structures shall be subject to the approval of the Employer and shall be maintained in a clean and hygienic condition throughout the period of work.

g. Care of the works: The Contractor shall take full responsibility for the care of works and all temporary works from the commencement to the completion of the project and in case any damage or loss shall happen to the works or to any part thereof from any cause whatsoever shall, at his own cost replace/repair and make good the same so that on completion of the works they shall be in good order and in conformity with the requirements of the Contract. The Contractor shall also be liable for any damage to the works necessitated in the course of any operations carried out by him for the purpose of complying with his obligation under guarantee.

h. Co-ordination with others: The Employer reserves the right to let other contracts, in connection with the undertaking of which the work is a part and the contractor shall connect properly and co-ordinate his work with that of others. If any part of the Contractor’s work depends for its proper execution or result upon the work of others, the contractor shall in writing report promptly to the Employer any defects in the work of such others as may interfere with the proper execution of the contractor’s work. Should the contractor fail to inspect and report, he shall have no claim against the Employer by reason of the defective or unfinished work of others except as to the latest defects not reasonably noticeable at the time of the commencement of contractor’s work. The contractor shall arrange his schedule of work and method of operation to minimize inconvenience to others on the projects. In all matters of conflict of interest, the Employer shall direct what shall be done by each party.

4. Inspection of works

a. All work under or in course or execution or executed in pursuance of the contract shall at all times be open for inspection and supervision of the Employer. The contractor shall at all times during the normal working hours and all other times at which reasonable notice of the intention of the Employer to visit the works shall have been given to the contractor, either himself be present to receive orders and instructions or have a responsible agent duly accredited in writing, present for that purpose. Orders given to the contractor’s agent shall be considered to have the same force as if they had been given to the contractor himself.

b. Examination of work before covering up: No work shall be covered up or put out of view without the approval of the Employer and the contractor shall afford full opportunity for the Employer to examine and measure any work, which is about to be covered up or put out of view. The contractor shall give due notice to the Employer whenever any such work is ready or about to be ready for examination and the Employer shall without unreasonable delay unless it considers it unnecessary and advises the contractor accordingly, attend for the purpose of examining and measuring such work.

5. Site order book and rectification of defects

a. Site order book: The Contractor shall maintain a site order book at the site of the works wherein the instructions of the Employer shall be recorded. The site order Book shall be the property of the Employer and the instructions recorded therein

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shall be deemed to have the same force and effect as if they had been given to the contractor himself. The contractor or his representative on the site must sign the book in token of his having perused the orders given therein.

b. Rectification of defects: If, during the progress of the work, the Employer observes and notify in writing to the contractor that the contractor executed any unsound or imperfect work or supplied any survey stone of inferior in quality/dimensions to those specified, the contractor on receiving details of such defects or deficiencies shall, at his own expense, within such time as may be reasonably necessary for making it good, proceed to alter, reproduce, or remove such work and to supply fresh survey stones conforming to the standard of the specifications. In case the contractor fails to do so, the Employer may, on giving the contractor seven days’ notice in writing of his intention to do so, proceed at the cost of the contractor to remove the work or materials objected to and perform all such work or supply all such materials provided that nothing in this clause shall be deemed to deprive the Employer of or affect any rights under the contract which it may otherwise have in respect of such defects or deficiencies.

6. Damage to works

a. The works shall be under the Contractor’s charge from the commencement to the completion of the same. The contractor shall be responsible for and to make good all damages and repairs to works occasioned by fire or other causes and shall indemnify the Employer from any claim for injuries to persons or from structural damage to property, happening from any neglect, default, want of proper care or misconduct on the part of the Contractor or of anyone in his employment during the execution of the work. He shall further take precautions to ensure that no damages occur to adjacent property or structures due to mishandling or any neglect, default, want of proper care or misconduct on the part of the Contractor or of anyone in his employment during the execution of the work

b. If the contractor or his workers or servants shall break, deface, injure or destroy any property or installation, the contractor shall make good the same at his own expense, failing which the Employer may cause the same to be made good by some other agency and deduct the expense (of which the certificate of the Employer shall be final) from any sums that may be due to the contractor by the Employer.

c. He shall also take measures to ensure their proper security in consultation with the Employer. The Employer will also not in any way be held responsible for damage or loss on any such account.

7. Labour regulations

a. Engagement and conditions of Labour: The contractor shall make his own arrangements for the engagement of all labour, transport, payment, housing, working conditions and all other matters connected there with. He shall at all times during the continuance of the contract comply with all obligations imposed on him by the provisions and requirements of the contract labour (Regulations & Abolition) Act, and the Rules made there under and any other law, Regulations or orders or any modifications thereof of the State/Central Government or any competent authority as may be applicable.

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b. Minimum age: No workman below the age of 18 years shall be employed on the works by the contractor.

c. Liability of Personnel: All persons employed by the Contractor shall be engaged by them as their own employees in all respects. The contractor shall comply with the provisions of all applicable laws and labour legislations including the requirements of the payment of wages Act of the Central Government and the State Govt., Payment of Bonus Act, 1965. Employees Provident Fund Act, 1952, Contract Labour (Regulation and Abolition) Act, 1970 and the rules framed there under and any modifications thereof, I D Act-1947, Employees State Insurance Act, Equal Remuneration Act, 1976, Factories Act,1948, IE(Standing Order) Act,1946, Minimum Wages Act,1948, Payment of Gratuity Act, 1972, Shops & Establishment Act, Trade Union Act, 1926, Workmen Compensation Act-1923 etc., in respect of all men employed by him in carrying out the contract. The contractor shall ensure that any authorized sub-contractor under him does similarly comply with the above requirements. The Employer shall have the right to recover from the contractor any payment required to be made due to failure on his part to comply with all or any of these Acts and Regulations.

d. Minimum wages: The Contractor shall pay not less than minimum wages to the workers engaged by him. Minimum wage is the wages notified by the appropriate authority and as amended from time to time. Under the provision of the Minimum Wages Act, 1948, and the Minimum Wages (Central) Rules, 1950 the contractor is bound to allow or cause to be allowed to the labourers directly or indirectly employed on the works, one day’s rest for six days continuous work and pay wages at the same rate as for duty. In the event of default, the Employer shall have the right to deduct the sum or sums not paid on account of wages for weekly holiday to any labourer and pay the sum to the persons entitled thereto, from any moneys due to the contractor without prejudice to the rights of the Employer to resort to such other legal recourses under the contract for breach of contract. Provided that equal wages to women labour at par with men shall be paid for similar nature of work. The contractor shall maintain necessary records and registers like Wage Book, Wage Slip, Register of Unpaid Wages, Register of Fines etc.

e. Labour return: The Contractor shall be liable for making contributions in accordance with the provisions of the ESI, EPF and MP Act, 1952 on the scheme framed thereunder.

f. The contractor shall also maintain such record and also submit such returns as may be prescribed under the Act to the authority designated in the EPF Act, 1952 of the schemes framed thereunder. The Contractor shall also make available such records and returns as may be prescribed and or demanded for inspection of the officers of RPFC. If on account of the default of the contractor in making such payments or for any other reasons the Employer make such contributions on behalf of the contractor, Employer shall be entitled to settle against the amount due to the contractor.

g. The contractor shall comply with all the requirements and statutory provisions under the Contract Labour Regulation & Abolition Act, Labour Laws, Industrial Laws and ID Act. The contractor shall at his cost and expense provide the canteen facility, rest rooms, latrines and urinals facility, washing facility, first aid facility, weekly off, attendance allowance, maternity benefits etc. To the contract labourer engaged by him and maintain at all times verifiable proofs for the same. On the failure of the

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contractor to provide any facility and to comply with any of the provisions under the Contract Labour (R&A) Act, 1970 in the case the Employer pays/incurs any expenses for providing such benefits to meet out the legal obligations, the same shall be recovered from the contractor and also will be deducted from the bills/SD payable to the Contractor. The failure of meeting out such statutory obligations by the contractor will also be termed as breach of this contract. The contractor shall indemnify the Employer for any losses/liability caused by his such conduct arising out of any meeting out the statutory obligations as above. In case the contractor fails to mend any such breaches within the time stipulated by the Employer, the Employer will be at liberty to take necessary action for breach of contract, at the risk and cost of the contractor.

h. Accidents: The contractor shall, within 24 hours of the occurrence of any accident at or about the site or in connection with the execution of the works submit a written report of such accident to the Employer. The contractor shall also report such accident to any other competent authority whenever such report is required by law.

i. Disorderly conduct: The contractor shall at all times take all reasonable precautions to prevent an unlawful, riotous or disorderly conduct by or amongst his employees and for the preservation of peace and protection of persons and property in the neighborhood of the works against the same; but the contractor shall not be entitled to institute his own police force nor shall he interfere with the Government, Police or Employer Watchman who shall have free and undisputed access at all time to any part of the works in the execution of their duties.

j. Duty hours of labour: The contractor shall regularly pay all rates, wages and emoluments due in full and observe such hours of labour as may be prescribed by law or by any applicable decision or award of any industrial tribunal or court or, where nothing is so prescribed then these shall not be less favorable than those commonly recognized by the employers. Provided however, labour may be booked beyond normal hour subject to overtime allowance. The contractor shall be responsible for the observance of the provisions of this clause by the sub-contractor employed by him in the execution of the contract.

k. Compliance with Regulations, etc: The contractor shall at all times, during the continuance of the contract comply fully with all existing regulations and bye laws including any statutory amendments and re-enactment of the State or Central Government and other local authorities regarding labour enactment, Minimum Wages and Factory Acts, Workman’s compensation Act. Provident fund Regulations, Employees Provident Fund Act 1952, and schemes made under said Act, Health and Sanitary Arrangements for workmen, Insurance and other benefits and shall keep the Employer indemnified in case any action is commenced for contravention by the contractor.

l. Observance by sub-contractors: The contractor shall be responsible for observance by his approved Sub-contractors of the foregoing provisions.

m. Workmen’s Compensation Act: The contractor shall at all times indemnify the Employer against all claims, damages or compensation under provisions of the workmen’s compensation Act (VIII), 1933; Employees Provident Fund Act or any other law for the time being in force consequent on any accident or injury to any workmen, or other persons in or about the works, whether in the employment of the contractor or not.

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n. The contractor shall indemnify the Employer against all costs, expenses or charges of any legal action or proceedings arising out of such accident or injury and against all claims, which may with the consent of the contractor be paid to compromise any such claim or legal proceedings.

o. In every case in which by virtue of the provisions of Section-12, Sub-Section (1) of the Workmen’s Compensation Act, 1933 the Employer is obliged to pay compensation to workmen employed by the contractor responsible for execution of the works, the Employer will recover from the contractor the amount of the compensation so paid. Without prejudice to the rights of the Employer under Section12 sub-section (2) of the said Act, the Employer shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due to the contractor whether under this contract or otherwise. The Employer shall not be bound to contest any claim made against it under Section 12 sub-section (1) of the said Act, except on the written request of the contractor and upon his giving to the Employer full security for all costs for which the Employer might become liable in consequence of contesting such claim.

p. Arms and ammunition: The contractor shall not at any time import or sell, give barter or otherwise dispose of any arms, ammunitions or any other dangerous and hazardous goods of any description to any person or persons whatsoever or suffer any of his sub-contractor, agents or employees to make such gift, sale barter or other disposition.

8. Security and Safety Requirements

a. Security requirements: i. The contractor shall comply with all regulations imposed by the Employer

security authorities in respect of the passage of plant, vehicles, materials and personnel through Employer barriers.

ii. The contractor shall, for the duration of the contract furnish and organize security arrangements, at his own cost, to ensure adequate protection within his job area against theft, disturbance, use of alcoholic beverages and other contravention of the law

b. Safety precautions: i. The contractor shall take all possible precautions to prevent outbreaks of fire

on the site and in all offices, stores, camps and other places and things connected therewith and especially with respect to the safe storage of petroleum products, explosives and all other dangerous or hazardous goods. He shall comply with all rules, regulations and orders of any statutory authority and of the Employer, at no extra cost to the Employer. All necessary fire extinguishers shall be provided by the contractor. The contractor shall take special precautions keeping in mind the explosion hazard where air is laden with grain dust.

ii. The contractor shall obtain from the Employer details of any restricted areas in or around the site and shall prominently and clearly display for the information of his staff and work people notices defining any such restricted areas. Such notices shall be provided at his own expenses.

iii. The contractor shall give every facility to the authorized safety officers of the Employer to inspect the work whenever required, and shall observe and abide

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by any instructions given by the Employer in regard to the use of plant, equipment and temporary work in respect of safety. Compliance with such requirement shall not be used as the basis of a claim against the Employer.

iv. Life Savings and First Aid Appliances: The contractor shall at his own expense provide and maintain upon the works to the satisfaction of the Employer sufficient proper and efficient life-saving and first aid appliances which at all times be available for use.

9. Workmanship

a. The workmanship shall be of the best available quality in trade in accordance with the specifications, drawings, designs and instructions approved by Employer from time to time.

10. Extra Items, Additions, Time Extension & Payment therefore:

a. Power to make alterations: The Employer shall have the power to make in writing any alterations in, modifications and amendments to, omissions from, additions to, deviation from and substitutions for original specifications, drawings, designs, patterns and instructions that may appear to him necessary, or advisable during the progress of the work and the contractor shall be bound to carry out the operation and maintenance in accordance with any instructions which may be given to him by the Employer. Such alterations, modifications, amendments, omissions, additions, deviations or substitutions shall not invalidate the contract. Any altered, modified, additional or substituted work which the contractor may be directed to do in the manner specified above as part of the works shall be carried out by the contractor on the same condition in all respects on which he agreed to the main works, and at rates agreed as per the agreement.

b. No alterations, modifications, deviations or amendments, omissions, additions, substitutions of the work, either in whole or in part under the contract as shown by the contract specifications shall be made by the contractor or except as directed in writing by the Employer.

c. Rates: The rates for such additional altered or substituted work shall be worked out in accordance with the following provisions in their respective order. i. If the rates for the additional altered or substituted work are directly available

in the contract for the work, contractor is bound to carry out the work at the same rates as are available in the contract for the work.

ii. If the rates for additional, altered or substituted work are not directly available in the contract for the work, the rates will be derived from the rates for a similar class of work as specified in the contract for the work.

iii. If the rates for the altered, additional or substituted work cannot be determined in the manner specified in sub-clause (i) and (ii) above, then the contractor shall, within 10 days of the date of receipt of order to carry out the work, inform the Employer of the rate which it is his intention to charge for such work supported by analysis of the rate or rates claimed on the basis of the prevailing market rates. Rate is to be submitted to APMDC and on approval of the same by APMDC, work may be carried out by the contractor in accordance to the instructions of APMDC. However, the Employer by notice in writing will be at liberty to cancel its order to execute such work and arrange to carry out in such

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manner, as it may deem advisable. But under no circumstances shall the contractor suspend the work once ordered in writing on the plea of non-settlement of rates of items falling under this clause.

11. Training

The contractor shall impart training to the appointed staff of the Employer for the operations of the machineries and production of the granite survey stones as per the specifications. The training shall be provided in Telugu/English/Hindi language, as per the discretion of APMDC.

12. Wastage of the Mineral (Granite)

a. The contractor shall manufacture the survey stones ensuring minimum wastage of mineral (granite) supplied by APMDC

b. To ensure no loss of valuable mineral (granite), contractor shall reconcile quantity of mineral (granite) supplied by APMDC with the quantity of mineral (granite) despatched to various locations in the form of survey stones and the quantity of mineral (granite) stored as wastage

c. This quantity reconciliation shall be done at the end of every month, for the particular month as well as on cumulative basis since beginning of the contract.

d. The Quantity Reconciliation Statement, prepared by the Contractor and certified by the Project Officer/Authorized Representative of APMDC, shall be mandatorily submitted along with running account bills. In case of non-submission, payment shall not be processed against the bills submitted by the Contractor.

e. In case of any variation, APMDC reserves the right to implement suitable penalties

13. Penalties in case of Shortfall in Production

a. Selected Bidder’s targeted daily production is 4,000 survey stones per day, which is the rated capacity of the unit being set up by APMDC.

b. Accordingly, the monthly production target for the unit shall be 1,00,000 survey stones (assuming 25 calendar days per month)

c. The production achieved by the Contractor in each month shall be measured against the Target at end of each month. Any shortfall in production in a given day, contractor shall make good by the end of that month

d. In case of any shortfall in production, APMDC shall impose penalty on shortfall quantity as mentioned below.

e. However, no penalty shall be imposed if reasons for shortfall are beyond the control of the contractor, as certified by the Project officer in writing

Sl.No % of Shortfall Penalty as % of

shortfall quantity

1 Up to 20% Nil

2 More than 20% but up to 25% 5%


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5 More than 50% 25%

13.1 Formula for Calculating Compensation

Shortfall Formula for calculating compensation for

Shortfall in Production If the Shortfall is up to 20% Nil If the Shortfall is more than 20% but upto 25%,

0.05 X AR x {(Shortfall – 20)/100} x PT

If the Shortfall is more than 25% but upto 30%

(0.05 x AR x 0.05 x PT) +(0.1 x AR x {(Shortfall -25)/100} x PT)

If the Shortfall is more than 30% but upto 50%,

(0.05 x AR x 0.05 x PT) + (0.1x AR x 0.05 x PT) + (0.15 x AR x {(Shortfall – 30)/100}x PT)

If the Shortfall is more than 50%

(0.05 x AR x 0.05 x PT) + (0.1 x AR x 0.05 x PT) + (0.15 x AR x 0.20 x PT) + (0.25x AR x {(Shortfall – 50)/100}x PT)

Where:

Shortfall = The percentage shortfall in quantity produced by the contractor

AR = Agreed rate for production of each survey stone as per the specified specifications

PT = Production Target

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Section E: Model Agreement

FORM OF CONTRACT / AGREEMENT

THIS CONTRACT NO. made this Day of , 2021 at .

BETWEEN The Andhra Pradesh Mineral Development Corporation Limited (APMDC), a Company

incorporated under the Companies Act 1956, amended as Companies Act, 2013 having its

corporate office at Door No. 294/ 1D, Tadigadapa to Enikepadu 100 ft. Road, Kanuru

Village, Penamaluru Mandal, Vijayawada – 521137, represented by Sri _________, APMDC

(hereinafter referred to as “EMPLOYER” which expression shall, unless it be repugnant to

the context, mean and include its successors and permitted assigns) on the ONE PART

And

M/s. _________ Company registered under the Companies Act 1956, amended as Companies

Act, 2013 having its registered office at _________ represented by _________, Authorised

Signatory aged _________ years (hereinafter referred to as the “CONTRACTOR”, which,

which expression shall mean and include its successors and representatives) on the OTHER

PART.

EMPLOYER and the CONTRACTOR are collectively referred to as the “Parties” and

individually as a “Party”

AND WHEREAS

a) APMDC vide Tender No. _________ dated _________ invited E-Tender for _________.

b) M/s. _________ participated in the E-Tender cum E-Auction and submitted a final price

bid for _________ of Rs. _________ (Ex. GST), as per the terms and conditions of the

tender document.

c) APMDC accepted the proposal of the CONTRACTOR and issued a Letter of Award vide

Lr. No _________, dated _________ and invited the CONTRACTOR to enter into an

agreement by submitting Performance Bank Guarantee for an amount of Rs. _________

/- (Rupees _________ only) as per the terms and conditions of the tender document.

d) Subsequently, CONTRACTOR submitted a Performance Bank Guarantee in the form

of Bank Guarantee vide _________ dated _________ of _________ for an amount of Rs.

_________ /- (Rupees _________ only).

e) Accordingly, APMDC has decided to appoint M/s. _________ as “CONTRACTOR” having

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the sole responsibility to perform the Work and implement the Project in accordance

with the terms of the Agreement and M/s. _________ agrees and undertakes to perform

and comply with all its obligations under this Agreement and to be solely responsible

for the same and to carry out the Work (as defined here in after)in accordance with

the terms and conditions asset out in this Agreement

f) The Contractor has declared that the Contractor has valuable and specialized

knowledge and expertise for the Works for-- (Insert name of the works) as detailed

in enclosed

g) The Contractor has obtained clarifications on technical and commercial aspects,

inspected the site and surroundings of Works and has examined and considered all

other matters, conditions and things, probable contingencies including delays,

hindrances and interferences and generally all matters incidental thereto and ancillary

thereof, affecting the execution and completion of the Works, and

Now it is hereby agreed as follows:

1. In this agreement words and expressions shall have the same meanings as are

respectively assigned to them in the General Conditions of Contract hereinafter referred

to.

2. The following documents shall constitute the Contract between the Employer and the

Contractor, and each shall be read and construed as an integral part of the Contract:

(a) This Contract Agreement

(b) Tender Document

(c) LoA issued by APMDC (Insert reference)

(d) BG submitted by the Contractor (Insert reference)

(f) Any other documents shall be added here

In the event of any ambiguity or conflict between the Contract Documents listed above,

the order of precedence shall be the order in which the Contract Documents are listed

above.

3. In consideration of the payments to be made by the Contractor to the Employer as

hereinafter mentioned, the Contractor hereby covenants with the Employer to complete

the Works in conformity with the provisions of the Contract in all respect and to perform

all its obligations under the Contract and in accordance with the Contract.

4. Total Contract Price: The Employer hereby agrees to pay to the contractor the Total

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Contract Price after consideration of the completion of the Works and performance by

the Contractor of its obligations under the Contract and in accordance with the

Contract. (Insert price bid details & ref. of payment terms clause)

5. Effective date of Contract shall be ... (insert date of signing of contract)

6. No modifications of this Contract including documents attached hereto shall be valid

unless the same is agreed to in writing by the parties and issued as amendments to the

Contract.

IN WITNESS WHEREOF the Employer and the Contractor have caused this Agreement to

be duly executed by their duly authorized representatives the day and year first above

written.

Signed by for and on behalf of the

Contractor

Signed by for and on behalf of the

Employer

[Signature]

[Signature]

[Designation] [Designation]

In the presence of

____________________

1)

In the presence of

____________________

1)

[Signature]

[Signature]

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Section -F: Annexures

Annexure 1: Checklist of documents to be enclosed in the Bid

S. No.

Particulars Declaration

(Yes/No)

1.

Earnest Money Deposit for the value as indicated in Request for Proposal

If eligible for EMD/bid security exemption from payment, relevant documents as proof of eligibility & signed Bid securing declaration

2. Cost of Tender Document for the value as indicated in Request for Proposal

3. Formats enclosed-dully filled in and signed on each page along with all required enclosures, complete as per Instruction to Bidders

Checklist of documents to be enclosed in the Bid

Bid Acknowledgement Letter

Declaration against blacklisting

Fulfilment of Financial Capability Criteria

Fulfilment of Technical Criteria

Bidder Details

Power of Attorney

Consortium Operating Agreement (if applicable)

4. Tender Document duly signed by Bidder on each page

Note: In case of consortium, Annexures to be submitted on the letter head of the lead

member

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Annexure 2: Acknowledgment of the Bidding Document

(On the letter head of the Bidder)

Date:

To

The Vice Chairman & Managing Director,

A P Mineral Development Corporation Ltd,

294/ 1D, Tadigadapa to Enikepadu 100 ft. Road, Kanuru Village, Penamaluru Mandal, Vijayawada - 521137

Sub: Acknowledgement of Bid Document for Tender No: APMDC/SURVEY STONES O&M UNIT-3/2021 dated 14.09.2021

Dear Sir,

With reference to for Tender No: APMDC/SURVEY STONES O&M UNIT-3/2021 dated 14.09.2021, 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 APMDC will be relying on the information provided in the Technical Bid and the documents accompanying the Technical Bid for selection of the Technically Qualified Bidder and subsequent selection of the Selected 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 Selected Bidder.

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

6. We hereby confirm that the soft copies of documents etc., uploaded by us in the online portal are all genuine and we are aware that any incorrectness/ deviation noticed will be viewed seriously and apart from canceling the tender and forfeiting EMD, criminal action will be initiated included suspension from participating in the tender/ blacklisting and the like

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

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liable under the Applicable Law for the time being in force.

8. We shall make available to the APMDC any additional information it may find necessary or require supplementing or to authenticate the Technical Bid.

9. We acknowledge the right of the APMDC to reject our Technical Bid 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.

10. We declare that:

a. We have examined and understood the Act, all 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 amendment/s issued by the APMDC vide corrigendum/addendums from time to time.

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 State Government or any other public sector enterprise or any government, central or state; and

d. We hereby certify that we have taken steps to ensure that 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.

11. 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.

12. 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 State Government/APMDC in connection with the selection of the Preferred Bidder, or in connection with the Tender process itself, in respect of the Tender Document and the terms and implementation thereof.

13. In the event of us being declared as the Selected Bidder, we agree to enter into Agreement and other documents in accordance with the Tender Document and pay such amounts and provide such PBG as required therein.

14. We have ensured compliance with the Tender Document and to the best of our Knowledge this Bid is conforming to the terms thereof.

15. 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 work is not awarded to us or our Bid is not opened or rejected.

16. The Financial Bid has been quoted by us after taking into consideration all the terms and conditions stated in the Tender Document, our own estimates of costs and feasibility and after a careful assessment of the geological and other information and

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all the conditions that may affect the work.

17. 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 State Government.

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.

Yours faithfully,

(Signature, name and designation of Authorized Signatory)

Name and seal of Bidder

Date:

Place:

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Annexure 3: Power of Attorney for signing of Bid

Power of Attorney for signing of Bid

Know all men by these presents, We, ............................................ (name and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr. / Ms (Name), son/daughter/wife of…………………………… ...... and presently residing at………………………………….., who is presently employed with us and holding the position of ………………………….., as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our bid for the [insert name] in response to the Tender Document dated ………………. issued by The Andhra Pradesh Mineral Development Corporation Ltd (the “Employer”) 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 Employer, representing us in all matters before the Employer, and generally dealing with the Employer in all matters in connection with or relating to or arising out of our bid for the said work on turnkey basis and/or upon award thereof to us and/or till the entering into of the Agreement with the Employer.

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

[AND we hereby confirm we do not have a common seal and therefore no common seal is required to be affixed hereto per applicable laws.]*

IN WITNESS WHEREOF WE, ………………………….., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……………………… DAY OF ……………………..,20.. For…………………………….. (Signature, name, designation and address) Witnesses: 1. 2. Accepted Notarized (Signature, name, designation and address of the Attorney)

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Notes:

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

Wherever required, the Bidder should submit for verification the extract of the charter documents and documents such as a board or shareholders resolution authorizing the execution of this power of attorney.

For a power of attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and appropriately notarised in the relevant jurisdiction. However, the power of attorney provided by Bidders from countries that have signed the Hague Legislation Convention, 1961 are not required to be legalised by the Indian Embassy if it carries a conforming apostille certificate.

* To be deleted if the company seal is duly affixed to the power of attorney.

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Annexure 3.A: Power of Attorney

(to authorize the lead member of the Consortium)

The Andhra Pradesh Mineral Development Corporation Ltd (the “Employer”) has invited bids from the interested parties for “___________________________________” (the “Project”) vide Tender No. _____________________ Dated ___________ and whereas, M/s _____________________ and M/s _____________________ (collectively the “consortium”) being members of _____________________ consortium are interested in bidding for the project in accordance with the terms and conditions of the tender document and subsequent corrigendum’s errata and notifications issued by the APMDC Ltd in this regard and whereas, it is necessary for the members of the consortium to designate one of them as the lead member with all necessary power and authority to do for and on behalf of the consortium, all acts, deeds and things as may be necessary in connection with the consortium’s bid for the project and its execution.

NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, _____________________ having our registered office at _____________________ and _____________________ having our registered office at _____________________ (herein collectively referred to as the “Principals”) do hereby irrevocably designate, nominate, constitute, appoint and authorize _____________________ having its registered office at _____________________ being one of the members of the consortium, as the lead member and true and lawful attorney of the consortium (herein referred to as the “Attorney”).

We jointly do hereby irrevocably constitute, nominate, appoint and authorize Mr./Ms _____________________ (Name), son/daughter/wife of _____________________ presently residing at_____________________, who is presently employed with us and holding the position of _____________________, as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our bid for the [insert name] Iron Ore Mine (“Iron Ore Mine”) in response to the Tender Document dated [insert date] issued by The Andhra Pradesh Mineral Development Corporation Ltd (the “Employer”) 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 Employer, representing us in all matters before the Employer, and generally dealing with the Employer in all matters in connection with or relating to or arising out of our bid for the said Iron Ore Mine and/or upon award thereof to us and/or till the entering into of the Mine Exploration, Development and Production Agreement with the Employer.

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

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[AND we hereby confirm we do not have a common seal and therefore no common seal is required to be affixed hereto per applicable laws.]*

IN WITNESS WHEREOF WE, ………………………….., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……………………… DAY OF …………………….., 20.….. For…………………………….. (Signature, name, designation and address) Witnesses:

1. 2. Accepted Notarized (Signature, name, designation, and address of the Attorney)

Notes:

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

Wherever required, the Bidder should submit for verification the extract of the charter documents and documents such as a board or shareholders resolution authorizing the execution of this power of attorney.

For a power of attorney executed and issued overseas, the document will also have to be legalised by the Indian Embassy and appropriately notarised in the relevant jurisdiction. However, the power of attorney provided by Bidders from countries that have signed the Hague Legislation Convention, 1961 are not required to be legalised by the Indian Embassy if it carries a conforming apostille certificate.

* To be deleted if the company seal is duly affixed to the power of attorney.

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Annexure 4: Declaration against Blacklisting

(On letter head of the Bidder)

From: Date:

To The Vice Chairman & Managing Director, A P Mineral Development Corporation Ltd, 294/ 1D, Tadigadapa to Enikepadu 100 ft. Road, Kanuru Village, Penamaluru Mandal, Vijayawada - 521137 Dear Sir, I/we here by solemnly declare that none of us are disqualified either by blacklisting in any Central/State Government/ Public Sector Undertaking contract within India/abroad nor involved in any criminal cases and no insolvency or bankruptcy proceedings pending against us. I/we here by further declare that, none of our contracts have been rescinded or terminated due to the default or poor workmanship, by any Central/State Government/Public Sector Undertaking.

I/we here by further declare that, if the declaration is found untrue, the APMDC shall be entitled to take any action against us severally and/or individually or our firm/company in this or in any manner that may be deemed fit by APMDC.

Yours Faithfully, ...................................................................

Signature and Stamp of the Bidder

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Annexure 5: Bidder Details

Note: In case of consortium, each member of the consortium shall submit the details

Name of the Bidder

Address of Registered Office

Address for correspondence

Telephone No.

E-mail Address

Name of person holding power of attorney (Attested copy of power of attorney to be enclosed)

Attested copies of Deeds, Memorandum of Association and Articles of Association to be enclosed (if applicable)

Names of Proprietor/Partners with Present & permanent address (if applicable)

PAN of Bidder (copy to be enclosed)

ESI & PF Registration No. (copy to be enclosed)

GST Registration No. (copy to be enclosed)

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Annexure 6: Format for Financial Capability

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

Name of the Bidder

2017-18 2018-19 2019-20 Average

B. Net-worth as on date 31.03.2020 (to be Certified by Statutory Auditor of the Bidder)-

in Rs Crores

Name of the Bidder Net-worth as on date 31.03.2020

Subscribed and Paid-up Equity

Reserves

Revaluation reserves

Miscellaneous expenditure not written off

Reserves not available for distribution to equity shareholders

Total Net worth (1+2-3-4-5)

UDIN:

Name of the Audit Firm:

Registration Number of the Audit Firm:

Seal of the Audit Firm:

(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 3. In case the annual accounts for the latest financial year FY 2020-21 are audited, the

Bidder can provide the audited financial statements. In case the information is provided for the latest 3 years period i.e. 2018-19, 2019-20 and 2020-21, the same shall also be considered

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Annexure 6.A: Format for Financial Capability (In case of consortium, to be submitted on the letter head of the lead member)

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

Name of the Bidder 2017-18 2018-19 2019-20 Average

Bidder Name/Consortium Leader

Consortium Member 2

Consortium Member 3

B. Net-worth as on date 31.03.2020 (to be Certified by Statutory Auditor of the

Bidder)- in Rs Crores

Description Bidder

/Consortium Leader

Consortium member 2

Consortium Member 3

Name of the bidder

Subscribed and Paid-up Equity

Reserves

Revaluation reserves

Miscellaneous expenditure not written off

Reserves not available for distribution to equity shareholders

Total Net worth (1+2-3-4-5)

UDIN:

Name of the Audit Firm:

Registration Number of the Audit Firm:

Seal of the Audit Firm:

(Signature, Name and Designation

of the Authorized Signatory)

Date:

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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 3. In case the annual accounts for the latest financial year FY 2020-21 are audited, the

Bidder can provide the audited financial statements. In case the information is provided for the latest 3 years period i.e. 2018-19, 2019-20 and 2020-21, the same shall also be considered

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Annexure 7: Price Bid

Reference Price Bid format under Tender No: APMDC/SURVEY STONES O&M UNIT-3/2021 dated 14.09.2021

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

Sl.No Item Description UOM Amount

(Rs/Per Stone) (Excl. GST)

1

Operation & Maintenance (O&M) charges for production of Granite survey stones as per specifications

(Uniform rate applicable for stones of all dimensions/specification, including A Class, B Class and any others specified by APMDC/GoAP)

Per Stone

To be submitted in

online e-procurement

portal

Note:

1. To clarify, the rates quoted for the O&M charges will include the cost of handling of the mineral (Granite blocks) at the specified mine(s)/pit head/dump and its transportation to the plant.

2. It is expected that the total number of A-Class survey stones to be produced may be less than 2% of the total no.of survey stones to be produced, while the majority shall be B-Class survey stones

3. The scanned PDF copy of the duly filled in Financial Bid Format (Annexure 7) needs to be uploaded online along with the financial on the e-procurement portal.

4. The Commercial Bid should not be submitted offline or uploaded along with the Technical Bid documents. Non-adherence to this could lead to dis-qualification.

5. The bidders shall submit the commercial bids (up to two decimals) in the standard online format provided in the AP e-Procurement website. Quoted rate should be exclusive of GST

(Signature of Authorized Signatory with Seal)

DATE: Ph No.

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Annexure 8: Fulfilment of Technical Criteria

<<On the letterhead of the Bidding Organization>> To The Vice Chairman & Managing Director, A P Mineral Development Corporation Ltd, 294/ 1D, Tadigadapa to Enikepadu 100 ft. Road, Kanuru Village, Penamaluru Mandal, Vijayawada - 521137

Subject: Bidder experience

Dear Sir,

In response to the tender No. APMDC/SURVEY STONES O&M UNIT-3/2021 Dated for “< >”, I/ We hereby declare that presently our Company/ Firm/Consortium is satisfying the criteria for the Operation & Maintenance of Granite Survey Stones Cutting, Polishing & Engraving unit in Prakasam District of Andhra Pradesh.

The details are as mentioned below. Client certified work orders and completion certificates are attached as annexure to this form. Similar works executed

Bidder Name

Full postal

address of the client

Description of the work

Value of contract in INR

Financial Year

Date of commencement

Date of Completion

Certification: I, the undersigned, certify that to the best of my knowledge and belief, these data correctly describe the Projects implemented by our Company.

(Signature)

(Name of Authorized Signatory)

(Designation) (Date) (Name and address of the bidder)

(Company Seal)

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Annexure 9: Consortium Operating Agreement

(On Non-Judicial Stamp Paper of Appropriate Value)

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

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

[ ] a Proprietorship/Partnership firm/Company incorporated under the laws of [ ] and having its registered office or principal place of business at [ ] (hereinafter called the "Consortium Member(3)", ", which expression shall include its successors, executors and permitted assigns); and

We (Consortium Member(1), Consortium Member(2) and Consortium Member(3) ) have formed a Consortium namely [ ] (name of the Consortium) (here in after Called “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 Bidding Document No […..]

We, the "Consortium" have selected [ ] (name of the Consortium Member) as the Consortium Leader and confirm that our Consortium Leader shall maintain at least 51% shareholding of the total Paid up Share Capital and each of the other members of the Consortium shall maintain at least 20% shareholding of the total Paid up Share Capital in Consortium / Registered (unlimited liability) partnership to be incorporated pursuant to clause of this Consortium Operating Agreement at all the time during the complete term of the contract.

The Consortium Members and Consortium Leader are hereinafter referred to individually as Consortium Members and collectively as Consortium.

WHEREAS

A. APMDC Limited, a company incorporated under the Companies Act, 1956, and

having its registered office at Door No. 294/1D, 100 feet Road (Tadigadapa to Enikepadu Road), Kanuru, Vijayawada – 521137, Andhra Pradesh, India ("APMDC") intends to Select a Mine Operator for Exploration, Development & Operations of 25 Ha. Iron Ore bearing area in H. Siddiahpuram Village, D-Hirehal. Mandal, Ananthapuram District in A.P on Raising Cum Sale Contract Basis.

B. In order to meet the Technical and Financial Criteria set forth in Clause 4 of Section C of the RFP or for Business purposes, the Consortium has relied on the

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strength of consolidated experience of all the Consortium Members and is therefore required to enter into this COA to bind the Consortium Members to the provisions of the Agreement ("Agreement").

C. The Consortium Members now wish to enter into this COA in order to create binding

obligations in favour of APMDC to the extent set forth as follows.

NOW THEREFORE THIS AGREEMENT WITNESSETH AS UNDER: 1. All capitalized 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 APMDC awarding the Agreement, to and in favour of the

Consortium inter alia relying on the strength and support of the Consortium Members to the Bidder pursuant to the terms of the RFP Documents, the 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, 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 APMDC of a notice pursuant to terms of the Agreement

shall be deemed to be services of notice to the Consortium Members, on a several basis;

b) the Consortium Members hereby assume full responsibility and liability for

the performance by the 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 Consortium Members confirm that in the event the Consortium is

successful in its bid, Consortium Members shall furnish the Contract Performance Guarantee from a Bank in favour of Owner for a value as stipulated in the Bidding documents and this shall be in the name of all members of the 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, APMDC 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 Consortium Members to hold APMDC 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 APMDC, as a result of, in connection with or arising out of such default; and

e) the obligations of the Consortium Members or the rights of APMDC

hereunder, shall not stand revoked, or otherwise be impaired or mitigated in any manner whatsoever, if there exists at anytime any dispute before

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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 Consortium in accordance with provisions of Bidding Document and APMDC;

f) the Consortium Leader shall be authorized to incur liabilities and receive

instructions for and on behalf of any and all members of the Consortium and entire correspondence till the formation of 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 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 Consortium Members shall be jointly & severally responsible and liable to APMDC 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 APMDC 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 Consortium Members shall decide mutually the modality for Exploration, developing and operating the Mine through formation of a Registered (unlimited liability) partnership constituted under applicable Indian Laws. 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 Consortium members shall have at least 10% of the total Paid up Share Capital of the Registered (unlimited liability) partnership. All members of the Consortium shall continue to retain above minimum holding till complete term of the Contract.

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

Sl.No Status of the Consortium

Member % of the total Paid up Share Capital in the Consortium

1 “Consortium Leader” Consortium Member (1)

(Minimum 51%)

2 “Consortium Member (2)” (Minimum 20%) 3 *“Consortium Member (3)” (Minimum 20%)

* Strike out, if not applicable

6. The Consortium Members agree and undertake that the Consortium Members

shall hold and own their shareholding as per the terms of RFP and Agreement during the term of Contract.

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7. It is further agreed between the Consortium Members to this Agreement that the responsibilities and obligations of each of the Member in the Consortium shall be delineated in Appendix-1 to this Agreement. It is further agreed by the 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.

8. The 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-organisation, dissolution, winding-up or liquidation of the Consortium or any change in the ownership of any of the 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 security for any of the obligations of the Bidder under the Agreement;

c) shall not be affected by any failure by APMDC to pay or perform any of

their obligations under the Agreement, or any waiver of any of such obligations;

d) 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

e) shall not be affected by any failure, omission or delay on APMDC’s part to

enforce, assert or to exercise any right, power or remedy conferred on APMDC in this COA or any such failure, omission or delay on APMDC’s part in connection with any obligation of the Bidder under the Agreement.

f) 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 employer, the deed is also deemed to be extended for the period of such extension granted by the employer and that it is irrevocable until 9 months after the completion of the extended periods.

9. Each 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;

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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 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 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 Consortium Member is a party or by which such Consortium Member is bound or to which any of such Consortium Member ‘s assets are subject;

(iv) will not result in the creation or enforcement of any Security Interest

upon any assets of the Consortium.

(v) will not violate any Applicable Law or any order, writ, injunction, or decree applicable to it.

10. 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 Consortium Members or APMDC 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 Employer is situated (presently in Vijayawada, Andhra Pradesh) shall have exclusive jurisdiction in all matters under this Agreement.

11. Subject to Clause 3, the Consortium Members hereby acknowledge and agree

that this COA has been executed for the sole benefit of APMDC and for the specific purpose of ensuring that APMDC receives the benefits of the Bidder’s services under and in accordance with the Agreement. Accordingly, APMDC shall, notwithstanding anything contained herein, at all times have the right to enforce the performance by Consortium Members of their obligations pursuant to this COA read with the Agreement and Consortium Members hereby irrevocably and unconditionally waive any defence, rights or protection that they may have in law, contract or otherwise in this regard.

12. None of the 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 APMDC.

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13. We, the 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.

14. The terms and conditions of this COA shall not be amended or modified, except

with prior written consent of APMDC. 15. Above undertaking to be without any prejudice to the various liabilities of the

members of the Consortium including performance security deposit (EMD) as well as all the other obligations for successful completion of the contract. The 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 Consortium members.

IN WITNESS WHEREOF, the 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).

On behalf of Consortium Member1/ Consortium Leader

On Behalf of Consortium Member 2

Name: Designation: Name: Designation:

Common Seal of Consortium

Member(

Common Seal of Consortium Member (2)

1) Witness-1

Witness-1

Witness-2

Witness-2

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On Behalf of Consortium Member 3

Name: Designation:

Common Seal of Consortium Member (3)

Witness-1

Witness-2

Note: Notarized Power of Attorney of the Persons signing on behalf of Consortium Members along with Board Resolution in support of Power of Attorney shall necessarily be furnished and to be attached with the signed Consortium Operating Agreement

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Annexure 10: Format for Submission of Pre-bid Queries

S. No. Clause ref no. and Page no.

Existing Provision

Clarification Required

Suggested Text for

Amendment if any

Rationale for

Clarification or

Amendment

1

2

3

4

5

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Annexure 11: Format for Performance Security

[To be stamped in accordance with the relevant Stamp Act]

Bank Guarantee

Bank Guarantee. No.

Date:

To The Vice Chairman & Managing Director, A P Mineral Development Corporation Ltd, 294/ 1D, Tadigadapa to Enikepadu 100 ft. Road, Kanuru Village, Penamaluru Mandal, Vijayawada - 521137, Andhra Pradesh.

WHEREAS

A. [Name of the Selected Bidder] incorporated in India under the Companies Act, [1956/2013] with corporate identity number [CIN of the Selected 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 “Selected 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].

B. The Performance Security is required to be provided to The Andhra Pradesh Mineral Development Corporation Limited, (the “Employer”) for discharge of certain obligations under the Bid documents dated [date] (the “Agreement”).

C. We, [name of the bank] (the “Bank”) at the request of the Selected Bidder do hereby undertake to pay to the Employer an amount not exceeding INR [figures] (Indian Rupees [words]) to secure the obligations of the Selected Bidder under the Agreement on demand from the Employer on the terms and conditions herein contained herein.

NOW THEREFORE, the Bank hereby issues in favour of the Employer this irrevocable and unconditional payment bank guarantee (the “Guarantee”) on behalf of the Selected Bidder in the amount INR [figures] (Indian Rupees [words]).

1. The Bank for the purpose hereof unconditionally and irrevocably undertakes to pay to the Employer without any demur, reservation, caveat, protest or recourse, immediately on receipt of first written demand from the Employer, 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 Employer needing to prove or to show to the Bank grounds or reasons for such demand for the sum specified therein and notwithstanding any dispute

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or difference between the Employer and Selected Bidder on any matter whatsoever. The Bank undertakes to pay to the Employer any money so demanded notwithstanding any dispute or disputes raised by the Selected 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 Employer of the amounts payable by the Bank to the Employer shall be final, binding and conclusive evidence in respect of the amounts payable by Selected Bidder to the Employer under the Agreement.

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

4. The Bank further unconditionally agrees with the Employer that the Employer 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 Selected Bidder under the Agreement, or

iii. forbear or enforce any of the rights exercisable by the Employer against the Selected 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 Employer or any indulgence by the Employer to the Selected 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, 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 Employer 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 Employer 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 Selected 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 Selected 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 Employer certifies that the terms and conditions of the Agreement with respect to the Performance Security have been fully and properly carried out by the Selected 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] unless extended

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further, from time to time for such period as may be instructed in writing by M/s Andhra Pradesh Mineral Development Corporation Limited on whose behalf this guarantee has been given in which case it shall remain in full force up to and including 360 days after expiry of the extended period. Any claim under this Guarantee must be received by us before the expiry of the extended period. 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 Employer 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 in the city where the head office of the Employer is situated (presently in Vijayawada, Andhra Pradesh).

10. The Bank has the power to issue this Guarantee in favour of the Employer. 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 Employer in writing.

12. The Employer may, with prior intimation to the Bank, assign the right under this Guarantee to any other departments, ministries or any governmental agencies, which may act in the name of the Government of Andhra Pradesh. The Employer may also assign this Guarantee in favour of the Governor of a State, with prior intimation to the Bank. Save as provided in this Clause 12, this Guarantee shall not be assignable or transferable.

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)

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Annexure 11.A: Format for Performance Security

(for consortium)

(To be stamped in accordance with the Stamp Act, if any, of the Country of the Issuing Bank)

Bank Guarantee No. ……………………………

Date …………………………………

To: The Vice Chairman & Managing Director, A P Mineral Development Corporation Ltd, 294/1D,100 feet Road (Tadigadapa to Enikepadu Road), Kanuru, Vijayawada – 521137, Andhra Pradesh, India

Dear Sirs,

In consideration of APMDC Ltd., (hereinafter referred to as ‘Employer’ which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators and assigns) having entered into a Contract with the Consortium, in which M/s _________________ (Name of the Consortium Leader/ Consortium member -1 having its registered office/Head Office at _________________ and M/s _________________ (Name of the Consortium member - 2 having its registered office/Head Office at _________________ having its registered office/Head Office at _________________ are the Members, [hereinafter referred to as the "Selected Bidder" which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators and permitted assigns of all the Consortium members] vide LOA No. _________________dated _________________ for _________________ (insert name of the work) and the Selected Bidder having agreed to provide a Contract Performance Guarantee for the due performance of the entire Agreement for an amount equal to Indian Rs. ------**-------- (Indian Rupees ------**) initially be valid for One (1) year from the Effective Date as defined in Agreement and essentially required to be extended every one year till the Term of the Agreement. We, _________________ (Name & address of the Bank), having its Head Office at _________________ (hereinafter referred to as the "Bank" which expression shall, unless repugnant to the context of meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay APMDC, on demand any and all monies payable by the Selected Bidder to the extent of Rs.------- **--------- (Indian Rupees ------**--------- only) as aforesaid at any time up to..……........@............. [days/month/year] without any demur, reservation, contest, recourse or protest and/ or without any reference to the Selected Bidder. Any such demand made by APMDC on the Bank shall be conclusive and binding notwithstanding any difference between APMDC and the Selected Bidder or any dispute pending before any Court, Tribunal, Arbitrator or any Government Authority. The Bank undertakes not to revoke this guarantee during its Currency without previous written consent of APMDC and further agrees that the guarantee herein contained shall continue to remain enforceable till APMDC discharges this guarantee.

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APMDC shall have the fullest liberty, without affecting in any way the liability of the Bank under this Guarantee, from time to time to extend the time for performance of the Agreement by the Selected Bidder. APMDC shall also have the fullest liberty, without affecting in any way the liability of the Bank under this Guarantee to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Selected Bidder, and to exercise the same at any time in any manner, and either to enforce or to forebear to enforce any covenants, contained or implied, in the Agreement, between APMDC and the Selected Bidder or any other course or remedy or security available to APMDC. The Bank shall not be released of its obligations under these presents by any exercise by APMDC of its liberty with reference to matter aforesaid or any of them or by reason of any other act of forbearance or other acts of omission or commission on the part of APMDC or any other indulgence shown by APMDC or any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the Bank.

The Guarantee shall not be in any way be affected by and the Bank’s liability shall not be discharged by winding up, dissolution or insolvency or liquidation, dissolution, amalgamation, re-construction or re- organization as the case may be of the Selected Bidder or the Bank.

The Guarantee herein contained shall be a continuing Guarantee and shall not be affected by any change in the constitution or control of the Selected Bidder or of the Bank and continue to be applicable to the Consortium Members in line with provisions of contract.

The Bank also agrees that APMDC at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance without proceeding against Selected Bidder and notwithstanding any security or other guarantee that APMDC may have in relation to Selected Bidder’s liabilities.

We, the said Bank, also undertake not to revoke this Guarantee during the Currency except with the previous consent of the APMDC in writing and agree that any change in the constitution of the said Selected Bidder or the said Bank shall not discharge our liability hereunder.

Notwithstanding anything contained hereinabove our liability under this Guarantee is restricted to Indian Rs.----- **-------- (Indian Rupees --------**--------- only) and shall remain in force up to and including ……@…. (the date) and shall be extended from time to time for the period, as may be desired by M/s ........................... (the Selected Bidder) on whose behalf this guarantee has been given. Dated this .........…………………. day of …….…............... 2021 ….... at …............

....................................................................

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(Signature)

................................................................... (Name) ..................................................................... (Designation with Bank Stamp)

Authorised Vide Power of Attorney No................................

Date......................................................

NOTE:

1. (**) The Amount of Performance Security Deposit shall be as specified in Clause 6 of Section C of the RFP. (@) This date shall be initially 12 months from the Effective Date of Contract. (#) Complete mailing address of the Head office of the Bank to be given

2. The BG 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.

3. The Name and Designation of the Officer of the Bank executing the BG and his Power of Attorney/Signing Power No. should be duly indicated in the BG. Each page of the BG should be duly signed/initialed by the executants and Stamp of the Bank to be affixed thereon

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Annexure 12: Specification of the Granite Survey Stones

Specifications of A - Class Survey Stones Parameter Details Stone Classification A – Class Stone Material Granite (Any type/ grade) Dimensions 90 x 23 x 23 cm

Plummet Hole On head of the stone (size 6mm & 6mm dia)

Weight of each stone Min. 70 kg Polishing Requirement Polished on front side top – 20cm

Engraving on the front side On the polished surface– with words in Telugu – ‘YSR Jagananna Bhuraksha 2020’

Engraving on the back side Exactly on the back side of the polished surface – an ‘Arrow’ symbol of size 7cm

Engraving on the top side

As shown in the illustrative

Illustrative A- Class Stone

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Specifications of B - Class Survey Stones

Parameter Details Stone Classification B – Class Stone Material Granite (Any type/ grade) Dimensions 60 x 15 x 15 cm

Plummet Hole On head of the stone (size 6mm & 6mm dia)

Weight of each stone Min. 45 kg Polishing Requirement Polished on front side top – 20cm

Engraving on the front side On the polished surface of – with words in Telugu – ‘YSR Jagananna Bhuraksha 2020’

Engraving on the back side Exactly on the back side of the polished surface – an ‘Arrow’ symbol of size 7cm

Engraving on the top side

For Govt.lands

Illustrative B- Class Stone

For boundary stones

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Annexure 13: Specification of the Machinery at the unit being established

Sl.No Plant & Machinery Qty. in No’s Remarks

1 Block cutters 6 Suitable for 2.3 mts cutter blade

2 Dressing machine 1 Suitable for 2.7 mts cutter blade

3 Double Edge Cutters 6 For sizing pillars

4 CNC Machines 8 For engraving

5 Gantry Cranes 2 40 tons capacity with 40 feet span

6 EOT Cranes 2 5 tons capacity

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