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

of 78

The A.P. Mineral Development Corporation Limited

(A State Government Undertaking)

E-TENDER

FOR

DEVELOPMENT OF BLACK GALAXY GRANITE DEPOSITS AT BLOCK-B (18.07 Ha) ALONG CHIMAKURTHY-PODILI R&B ROAD

AT R.L. PURAM (V), CHIMAKURTHY (M), PRAKASAM DISTRICT ON JOINT VENTURE BASIS


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

Nodal Officer Sri SVC Bose, General Manager (Procurement & Contracts) Contact: +91-866-2429999 Email id: [email protected]

Tender No.: APMDC/BGG/BLOCK-B

Dated: 1st April, 2022

Tender Document Fee: INR 50,000/- + 18% GST = INR 59,000/-

(Non-Refundable) (Indian Rupees Fifty-Nine thousand 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.

of 78

NOTICE INVITING TENDER


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]

E- tender for Development of Black Galaxy Granite Deposits at BLOCK-B (18.07 Ha) along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District on Joint Venture Basis.

Tender No: APMDC/BGG/BLOCK-B dt. 01.04.2022

APMDC, a fully owned undertaking of the Govt. of Andhra Pradesh, invites tenders from reputed Agencies/Contractors for Development of Black Galaxy Granite Deposits at BLOCK-B (18.07 Ha) along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District on Joint Venture Basis.

The tender document for the e-tender can be downloaded from the APMDC website www.apmdc.ap.gov.in or from the website of AP E-Procurement www.tender.apeprocurement.gov.in from 01.04.2022 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 50,000 (Fifty Thousand Rupees Only) plus 18% GST (Total INR 59,000/-, (Indian Rupees Fifty-Nine Thousand only) in addition to bid security of Rs. 50,00,000/- (Fifty Lakh Rupees Only) through online payment on the e-procurement portal. Last date for submission of Techno-Commercial Bid is 22.04.2022 by 5:00 PM IST. Any further communications, amendments etc. shall be available on the above website of AP E-Procurement and there will be no newspaper notification/advertisement in this regard.

Nodal Officer for this Tender Document shall be Sri SVC Bose, General Manager (Procurement & Contracts), APMDC, Email: [email protected], Phone: +91-866-2429999; Fax: +91-866-2429977.

APMDC 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, APMDC

of 78

Key Dates Sl. No.

Event Description Timeline Date

1. Posting of tender document on APMDC website & AP E-Procurement portal T0 01.04.2022

2. Start of registration of Bidders on AP E-PROCUREMENT Website

T0 01.04.2022

3. Start of receipt of Bid Document Fee and download of Bid Documents

T0 01.04.2022

4. Last Date for Site visit T0+9 10.04.2022

5. Last date of receiving queries from Interested Bidders T0+10 11.04.2022

6. Pre-bid conference T0+11 12.04.2022 @ 11:30 AM

7. Responses to pre-bid queries by APMDC T0+12 13.04.2022

8. Techno-Commercial Bid due date and time T0+24 25.04.2022 @ 05:00 PM

9. Opening of Technical Bid T0+24 25.04.2022 @ 05:10 PM

10. Announcement of the Technically Qualified Bidders T0+28 29.04.2022

11. Commercial Bid Opening of Technically Qualified Bidders T0+28 29.04.2022

12. Issue of Letter of Intent (LOI) T0+29 30.04.2022

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

of 78

Data Sheet

Sl. No. Parameter Details

1 Tender No APMDC/BGG/BLOCK-B dt. 01.04.2022

2 Project Details

Tender for Development of Black Galaxy Granite Deposits at BLOCK-B (18.07 Ha) along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District on Joint Venture Basis with APMDC. For further details on the project, please contact Sri SVC Bose, General Manager (Procurement & Contracts).

The mineral bearing area that lies underneath the coordinates Extent in

Ha Latitude Longitude

18.07 Ha (Block-B)

15ᴼ 35' 26.28" 79ᴼ 49' 16.25" 15ᴼ 35' 22.06" 79ᴼ 50' 06.43" 15ᴼ 35' 18.22" 79ᴼ 50' 06.05" 15ᴼ 35' 22.44" 79ᴼ 49' 15.50"

along the stretch of Chimakurthy-Podili R&B Road, RL Puram (V), Chimakurthy (M), Prakasam (D) is reserved in favor of APMDC

Operationalization of the mine requires diversion of the road by construction of a by-pass road.

APMDC is in the process of applying for the Quarry Lease of the mineral bearing area.

The Quarry Lease obtained by APMDC shall be sub-leased in favor of JVC subject to approval of DMG/ Government of AP and shall permit and facilitate the JVC to undertake development of Black Galaxy Granite Deposits.

The selected bidder shall ensure that the JVC undertakes and executes the project strictly in accordance with applicable laws, regulations, the contents of the RFP and directions of the Government of India and government of Andhra Pradesh. This will also include ensuring construction of required infrastructure within AP for undertaking the project.

APMDC shall be allotted an equity of 26 % in the JVC and payment shall be made to APMDC as per

of 78

the mechanism provided in this tender document.

3 Capacity / Total Quantity Minimum production of 300 Cubic Metres (CBM) of raw blocks per hectare per annum

4 Project Location R.L.Puram, Chimakurthy Mandal, Prakasam.

6 Tender Document Fee INR 50,000 + 18% GST = INR 59,000 (Rupees Fifty-Nine Thousand only)

7 Bid Security INR 50,00,000/- (Rupees Fifty Lakhs Only)

8 Bid Parameter Consideration fee (in multiples of the prevailing seigniorage fee payable to the state government/ DMG)

9 Minimum multiple for Bidding process (Bid Parameter)

1.0 x (The tenderer shall not quote a multiple less than 1.0 x of the seigniorage fee)

10 Incremental Bid Rate 0.05 x

11 Amount of performance security Deposit

INR 2,00,00,000/- (Rupees Two Crores Only)

13 Nodal Officer

Sri SVC Bose,

General Manager (Procurement & Contracts)

Contact: Tel: +0866-2429999

[email protected]

of 78

DISCLAIMER

The information contained in this Request for Proposal document (the “RFP”) or subsequently provided to Bidder(s), on behalf of the Corporation or any of their employees or advisors, is provided to Bidder(s) on the terms and conditions set out in this RFP and such other terms and conditions subject to which such information is provided.

This RFP is not an agreement and is neither an offer by the Corporation to the prospective Bidders or any other person. The purpose of this RFP is to provide interested parties with information that may be useful to them in making their financial offers pursuant to this RFP (the "Bid"). This RFP includes statements, which reflect various assumptions and assessments arrived at by the Corporation in relation to the Project. Such assumptions, assessments and statements do not purport to contain all the information that each Bidder may require. This RFP may not be appropriate for all persons, and it is not possible for the Corporation, its employees or advisors to consider the investment objectives, financial situation and particular needs of each party who reads or uses this RFP. The assumptions, assessments, statements and information contained in this RFP, especially the details of the Project given in Appendix I, may not be complete, accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this RFP and obtain independent advice from appropriate sources.

Information provided in this RFP to the Bidder(s) is on a wide range of matters, some of which depends upon interpretation of law. The information given is not an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. The Corporation accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed herein.

The Corporation, its employees and advisors make no representation or warranty and shall have no liability to any person, including any Applicant or 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 RFP or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the RFP and any assessment, assumption, statement or information contained therein or deemed to form part of this RFP or arising in any way in this Bid Stage.

The Corporation 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 RFP.

of 78

The Corporation 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 RFP.

The issue of this RFP does not imply that the Corporation is bound to select a Bidder or to appoint the Selected Bidder or JV partner, as the case may be, for the Project and the Corporation reserves the right to reject all or any of the Bidders or Bids without assigning any reason whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and submission of its Bid including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by the Corporation or any other costs incurred in connection with or relating to its Bid. All such costs and expenses will remain with the Bidder and the Corporation shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by a Bidder in preparation or submission of the Bid, regardless of the conduct or outcome of the Bidding.

of 78

DEFINITIONS

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

2 Bank Guarantee Bank Guarantee shall have the meaning prescribed in Clause 2.19.1

3 Bid(s) As defined in the Disclaimer.

4 Bidding Documents Bidding Documents shall have the meaning ascribed in Clause 1.1.12

5 Bid Due date Shall mean the date on which the Techno-commercial Bid is required to be submitted in accordance with the conditions of the RFP

6 Bidding Process

The bidding process for selection of the Bidder for the award of the Project as defined in the Clause 1.2

7 Bid Security or Earnest Money Deposit Bid Security or Earnest Money Deposit shall refer to the amount of money deposited by the bidder(s) at the time of bid submission to indicate the intention and ability of the bidder to keep the bids valid for the bid validity and to execute satisfactorily the contract if awarded.

8 Bid Stage Bidding Process will be single stage which involves Request for Proposals as defined in Clause 1.2.1

9 Conflict of Interest Conflict of Interest shall have meaning as ascribed there to in Clause 2.1.13

10 “Consideration” means consideration to be paid to APMDC as computed in clause 4 of Appendix-I of this RFP;

of 78

11 “Consideration to GoAP” means consideration to be paid to Government of Andhra Pradesh as per GO MS 42 dated 07.06.2021 and any other directions that may be issued by GoAP from time to time;

12 Corporation Corporation is Andhra Pradesh Mineral Development Corporation Ltd., as defined in the Clause 1.1.1

13 Government Unless otherwise specified, the Government here refers to the Government of Andhra Pradesh.

14 JV Agreement Joint Venture agreement is an agreement between the Selected Bidder and the Corporation as defined in the Clause 1.1.6

15 JV Partner or Selected Bidder Joint Venture (JV) Partner shall be the Selected Bidder as defined in Clause 3.3.

16 JV Company Joint Company shall refer to the Joint Venture Company between APMDC and JV Partner (selected bidder).

17 LOA Letter of Award to be issued by the Corporation to the Selected Bidder after selection as defined in the Clause 3.3.4

18 Project Project shall refer to the Development of Black Galaxy Granite Deposits at Block-B (18.07 Ha) along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District on Joint Venture Basis with APMDC as defined in Clause 1.1.5

19 Moveable Equipment Shall mean any equipment or vehicle which is moved around in the normal course of its usage and does not include any equipment which is installed on the ground in a stationery position

20 Non-Funded Works Shall mean the Construction Works, the capital cost of which is financed by the JV Partner

21 Project Specific Assets Shall mean the movable Project Assets which are specific to the Project

of 78

22 Re. or Rs. or INR

Refers to Indian Rupee

23 RFP or Request for Proposals This tender document or subsequently provided amendments/addenda/corrigenda to Bidder(s) in documentary form by the Corporation on the terms and conditions set out in this RFP and such other terms and conditions subject to which such information is provided as defined in the Disclaimer

24 Selected Bidder The Bidder adjudged as responsive in terms of Clause 3.2 and quotes highest consideration fee (multiple of prevailing seigniorage payable state government/DMG (H1) to be given to APMDC shall be declared as the Selected Bidder as defined in Clause 3.3.

The words and expressions beginning with capital letters and defined in this document shall, unless the context otherwise requires, have the meaning ascribed thereto herein.

of 78

TABLE OF CONTENTS

DISCLAIMER ........................................................................................................................................... 6

DEFINITIONS .......................................................................................................................................... 8

1. INTRODUCTION ........................................................................................................................... 12

2. INSTRUCTION TO BIDDERS................................................................................................... 22

3. EVALUATION OF BIDS .............................................................................................................. 41

APPENDIX I - DETAILS OF THE PROJECT .............................................................................. 46

APPENDIX II – MODEL JV AGREEMENT .................................................................................. 50

APPENDIX III – DECLARATION .................................................................................................... 51

APPENDIX IV - TEMPLATE FOR COMMERCIAL BID SUBMISSION ............................... 54

APPENDIX V.A - FORMAT FOR FINANCIAL CAPABILITY .................................................. 55

APPENDIX V.B - FORMAT FOR FINANCIAL CAPABILITY .................................................. 56

APPENDIX VI - FORMAT FOR TECHNICAL CAPABILITY .................................................. 57

APPENDIX VII.A - POWER OF ATTORNEY FOR SIGNING OF BID ................................. 58

APPENDIX VII.B - POWER OF ATTORNEY ............................................................................... 60

APPENDIX VIII.A - BANK GUARANTEE FOR PERFORMANCE SECURITY ................. 63

APPENDIX VIII.B- BANK GUARANTEE FOR PERFORMANCE SECURITY ................... 66

APPENDIX IX - FORMAT FOR SUBMISSION OF PRE-BID QUERIES ............................ 70

APPENDIX X - FORMAT FOR CONSORTIUM OPERATING AGREEMENT ................... 71

APPENDIX XI – BIDDER DETAILS ............................................................................................... 78

of 78

1. INTRODUCTION

1.1 Background

1.1.1 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.

1.1.2 The Mineral Bearing Area along the Chimakurthy-Podili R&B Road, RL Puram (V), Chimakurthy (M), Prakasam (D) is reserved in favor of APMDC. The Geological investigations carried out by way of topographical survey, geological mapping, geophysical surveys such as resistivity, shallow seismic and magnetic surveys, drilling, petrological studies and geotechnical studies, revealed that the Galaxy Granite deposit in the area is by and large sub-surface in nature. The quality of the rock in terms of variation of grain size, distribution and concentration of Bronzite and the depth persistence of the Bronzite bearing gabbro is established up to a depth of 60 m. through diamond core drilling.

1.1.3 The Commercial term Galaxy Granite denotes gabbroic rock bearing bronzite flakes widely and uniformly embedded and distributed among the lathes of feldspar. The Mineral deposit is a part of Chimakurthy basic plutonic Complex in the eastern ghat subsystem. This particular reserve is situated at the Outer ring of the gabbroic body. The deposit is boundary with underlying sheet rock. The rock formation is deep seated. Based on Contemporaneous technology and commercial value, it can be worked at a depth beyond 100 mtrs. Hence, it is expected to be a long-term project.

1.1.4 The area is located in arid tropical climatic Zone with warm and humid weather during most of the months. This is located in the agro-climate Zone of South Coastal Andhra Pradesh. Rainfall is scant and does not affect the mining practice. Monsoon is active from June till September.

1.1.5 APMDC would be a Joint Venture partner for the Development of Black Galaxy Granite Deposits at Block-B (18.07 Ha) along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District on Joint Venture Basis. APMDC would be allotted equity of 26 Percent in the JVC due to APMDC’s contribution in the form of the quarry leases held by APMDC, facilitating statutory clearances (if any) into the JV company.

1.1.6 The JV Company shall be responsible for designing, engineering, financing, procurement, construction, commissioning, operation and maintenance of the Project under and in accordance with the provisions of the Joint Venture

of 78

Agreement to be entered into between the Selected Bidder and the Corporation. The draft JV Agreement is provided in Appendix II hereof.

1.1.7 APMDC is in the process of obtaining the Quarry Lease of the mineral bearing area from the State Government. The JVC shall be responsible for taking up any other additional clearances required for operationalization of the Project. The JVC shall reimburse to the Corporation all the costs incurred and paid by Corporation after the date of issue of this tender document towards obtaining permits, approvals, clearances, and deeds before entering into agreement.

1.1.8 The JV Company shall be responsible for the complete operations of the Granite Quarry.

1.1.9 The model JV agreement in Appendix - II sets forth the detailed terms and conditions of the JV, including the scope of obligations and services of each JV partner, including APMDC.

1.1.10 All the clauses, terms & conditions of the model JV agreement should be read as a part of this tender document and vice-versa i.e., all the clauses, terms & conditions of the tender document shall be considered a part of the model JV agreement

1.1.11 The statements and explanations contained in this RFP are intended to provide a proper understanding to the Bidders about the subject matter of this RFP and should not be construed or interpreted as limiting in any way or manner the scope of services and obligations of the JV partners set forth in the JV Agreement or the Corporation’s rights to amend, alter, change, supplement or clarify the scope of work, or the terms thereof or herein contained. Consequently, any omissions, conflicts or contradictions in the Bidding Documents including this RFP are to be noted, interpreted and applied appropriately to give effect to this intent, and no claims on that account shall be entertained by the Corporation.

1.1.12 The Corporation shall receive Bids pursuant to this RFP in accordance with the terms set forth in this RFP and other documents to be provided by the Corporation pursuant to this RFP (collectively the "Bidding Documents"), as modified, altered, amended and clarified from time to time by the Corporation, and all Bids shall be prepared and submitted in accordance with such terms.

1.2 Brief description of Bidding Process

1.2.1 The interested bidders shall submit their bids online in the AP E-procurement portal (including all required documents and attachments as per the conditions and details mentioned in the RFP and payment of Bid security/ Earnest Money deposit (EMD) online) by the technical bid due date. After the technical bid evaluation, the commercial bids of only the technically eligible and qualified

of 78

bidders shall be opened. The timelines and dates shall be as per schedule mentioned in the RFP.

1.2.2 The Bid shall be valid for a period of 180 days from the date specified in the section titled “Key Dates” in page no. 3.

1.2.3 The Bidding Documents include the draft JV Agreement for the Project provided in Appendix II, the RFP and any addenda/corrigendum issued subsequent to this RFP Document, but before the Bid Due Date, will be deemed to form part of the Bidding Documents.

1.2.4 The bidder shall pay the Earnest money deposit (EMD) only through online payment in the AP E-procurement portal. Cash/ cheques/ DD for EMD payment shall not be accepted. The Bidder shall be able to submit the bid only upon the successful online payment of EMD.

1.2.5 The Selected Bidder shall be the highest bidder (H1) in terms of consideration fee to APMDC.

1.2.6 Bidders are invited to examine the Project and the lease areas in greater detail, by undertaking a physical inspection and to carry out, at their cost, such studies as may be required for submitting their respective Bids for award of the Project. The site visit may be undertaken only upon prior permission from the Nodal Officer. For Physical inspection, the bidders are requested to contact the nodal officer or DGM, Geology at Head Office in Vijayawada.

1.2.7 Bids are invited for the Project on the basis of the format mentioned in Appendix IV. The bidder has to quote as per the format mentioned in Appendix IV hereof. The bidding parameter i.e., “Consideration expressed as the multiple of prevailing Seignorage fee”, shall constitute the only criteria for selection of the selected Bidder from the technically eligible bidders.

1.2.8 Further and other details of the process to be followed at the Bid Stage and the terms thereof are spelt out in this RFP.

1.2.9 Any queries or request for additional information concerning this RFP shall be submitted in the format provided in APPENDIX IX by e-mail to [email protected] only in MS-excel format.

1.2.10 The communication shall clearly bear the following / title: "Queries/Request for Additional Information: RFP for Development of Black Galaxy Granite Deposits at Block-B (18.07 Ha) along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District on Joint Venture Basis". The corporation

of 78

shall upload the replies to the queries on the website of APMDC and/or the AP e-procurement portal. The source of the queries will not be mentioned.

1.3 Eligibility Criteria

1.3.1 The Bidder shall qualify all of the following requirements:

Sl. No

Criteria Specific requirement Documents required

1. Bid Security & Tender Document Fee

The Bidder shall submit the prescribed tender document fee and Bid Security

Scan Copy of Proof of submission

2. Legal entity

Bidder should be a

1. Partnership firm

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

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

i) A copy of LLP Agreement ii) A copy of Certificate of Incorporation; and

of 78

Sl. No


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

5. Consortium of a maximum three members of the above four types of the entities

In case of consortium bidding, the members of the consortium, in addition to the applicable documents mentioned above, are required to submit the following documents:

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 (APPENDIX VII.B)

The bidder must also have PAN number and GST registration.

The bidder shall submit copies of PAN card, GSTIN, etc.

3. Bidder turnover

The Average annual turnover of the bidder over last 3 financial years i.e., 2018-19, 2019-20 & 2020-21, should be at least INR 99 Crores (Ninety-Nine Crore Rupees Only)

Certificate from the statutory auditor/ independent chartered accountant, supported by extracts from the audited Balance sheet and Profit & Loss Account. Original CA certificate with UDIN needs to be submitted as per format provided in Annexure-V

of 78

Sl. No


4. Bidder Net – Worth

The bidder should have a net-worth of at least INR 29.70 Crore (Twenty-Nine Crore Seventy Lakh Rupees Only) as on 31st March 2021

Certificate from the statutory auditor / independent chartered accountant. Original CA certificate with UDIN needs to be submitted as per format provided in Annexure-V

5. Technical capability - Experience

1. The bidder should have minimum 10 years of work experience in Development and Operations of Dimensional Granite Quarry.

OR

2. The bidder should have excavated and sold/executed at least 45,000 CBM of Granite/Hard Stone per annum in the last 3 financial years (2019-20, 2020-21 & 2021-22) as per Govt. records.

For S.No.1

a) Lease deed/ agreement/any other relevant document executed more than 10 years before the date of issue of this tender document, along with proof of continuous operations for last 10 years.

b) The bidder shall submit the MRA (Mineral Revenue Assessment) duly certified by the ADMG concerned.

For S.No.2

Relevant Certificate from a Govt. work issued by not less than the rank of an Executive Engineer

of 78

Sl. No


6. Technical Capability - Machinery

The bidder must present evidence of ownership/lease agreement of following machineries/equipment: Equipment/ Machinery

Capacity Nos.

Excavators Bucket capacity of min 2.1 cum

Minimum 05

Dumpers/ Tippers

Minimum gross weight of 35 Tons

Minimum 05

Drilling Machinery

Crawler mounted with min drilling size of 100 mm dia hole

Minimum 03

Wheel Loaders

Minimum bucket capacity of 2.0 cum

Minimum 02

The bidder should submit purchase invoice or Insurance policy documents or any other document to prove ownership or lease agreement of all the machinery/ equipment in the name of bidder.

of 78

Sl. No


7. Technical Capability - Manpower

The Bidder must possess the following “key personnel” on their payrolls as full-time employees, or an MoU for employment upon award of mine to the bidder as on the date of submission of bid, with requisite qualification and experience as given in the table below:

Designation No. Qualification

Geologist 01

Bachelor’s/Master degree in Geology with 10+ years of experience

First Class Mines Manager

01

Bachelor’s degree/Diploma in Mining with 10+ years of experience

Second Class Mines Manager

03

Bachelor’s degree/Diploma in Mining with 5+ years of experience

Other Support Staff (Mech Eng., Civil Eng., Mine Mate etc.)

10

Bachelor’s degree/Diploma with 5+ years of experience

1. Graduation Certificates/ Mark sheets of the candidates

2. Self-attested CVs of the candidates duly countersigned by the authorized representative of the bidder.

3. Letter of employment by the bidder/MoU for employment upon award of mine to the bidder.

8.

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 Notarized Power of Attorney (Appendix VII)/ Board Resolution Copy

9. Declaration against Blacklisting/Termination

A self-certified letter by the authorized signatory of the bidder that, in the last Seven (7) years reckoned from the RFP publication date, the bidder has not been blacklisted by any Central/State

Undertaking by the Authorized Signatory

of 78

Sl. No


Government/Public Sector Undertaking or under a declaration of ineligibility for corrupt or fraudulent practices must be submitted on original letter head of the bidder with signature and stamp.

The bidder shall further self-certify that, in the last Seven (7) years reckoned from the RFP publication date, none of their contracts have been rescinded or terminated due to their default or poor workmanship, by any Central/State Government/Public Sector Undertaking.

Bidders with a history of litigations with APMDC in the last Seven (7) years reckoned from the RFP publication date or bidders whose contracts were rescinded or terminated by APMDC, in the last Seven (7) years reckoned from the RFP publication date, are not eligible to participate in the bidding process

1.3.2 In case of Consortium bidding, the bidders shall also satisfy the below

requirements: a. The consortium shall be a maximum of three members who shall be Indian

citizens/entities registered in India under applicable laws b. The Consortium should have been formed before submission of bid c. In case the consortium is declared as the selected bidder, pursuantly, it shall

form a registered (unlimited liability) partnership firm with the Registrar of Firms and submit proof within 30 days from the date of issue of LOA.

d. The registered (unlimited liability) partnership thus formed, shall subsequently form a Joint Venture Company with APMDC. Refer Appendix-I of the RFP for details.

e. Details of all the members’ (either individual or firm or company can be a member), including the lead member’s, names with address, e-mail etc., must be submitted along with the firm registration.

f. Each of the Consortium Members will be required to furnish a legally enforceable Consortium Operating Agreement (COA) along with Technical Bid, holding themselves jointly and/or severally responsible and liable to APMDC to perform all contractual obligations, valid for the entire period of the Agreement, as per the format enclosed in this RFP.

g. The Consortium shall necessarily identify one of the members as Consortium

of 78

Leader, the authorization for which shall be evidenced by submitting with the Proposal a Power of Attorney in favor of the Consortium Leader signed by legally Authorized Signatories of all the Consortium Members.

h. 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 Consortium Leader. After its formation, registered (unlimited liability) partnership firm shall be responsible for complete execution of the Agreement. All payments under the Agreement shall be made to the registered (unlimited liability) partnership firm only.

i. One bidder can be member of only one Consortium, failing which such bids shall be summarily rejected. In case any member of a Consortium bids either in individual capacity or as Partner of the firm / Director/ MD of a company or as a member of another Consortium, bids for same work, all such bidders will be disqualified. Foreign Companies/ Firms/ Entities/ Individuals are not eligible for participating in the bid even as a Consortium.

j. In meeting the requirement of eligibility criteria (Technical Capability, Turnover, Net-worth etc.), the combined capacities of all the members of the Consortium shall be considered together to arrive at the combined eligibility of the Consortium to determine the bidder’s compliance.

k. The lead member’s share shall be not less than 51% and the other member shall maintain at least 20% to represent 100% of the contribution in the registered (unlimited liability) partnership firm, thus formed.

l. No change in the equity shareholding in the registered (unlimited liability) partnership firm shall be allowed till the mine achieves 85% of the peak rated capacity as per the approved mining plan. Post that, the Consortium Leader shall have at least 51% of the total paid up share capital of the registered (unlimited liability) partnership firm till complete term of the Agreement. Provided further that no change in the shareholding of registered (unlimited liability) partnership firm shall be permissible without prior consent of APMDC. APMDC may grant such consent subject to the terms & conditions as it may deem fit.

m. In case of Consortium, the Earnest Money Deposit, and in the event of award to Consortium the Contract, the Performance Guarantee shall be in the name of all the members of the Consortium. However, obligations under above Contract Performance Guarantee shall not be affected by any change in the constitution or control of the Consortium and continue to be applicable to the registered (unlimited liability) partnership firm formed by the Consortium in accordance with the provisions of Bidding Document

1.4 Schedule of Bidding Process The Corporation shall endeavor to adhere to the schedule as indicated in the section titled “Key Dates” in page no. 3.

of 78

2. INSTRUCTION TO BIDDERS

A. GENERAL

2.1 General terms of Bidding

2.1.1 A Bidder is eligible to submit only one Bid for the “Development of Black Galaxy Granite Deposits at Block-B (18.07 Ha) along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District on Joint Venture Basis” project.

2.1.2 If any company or corporation or any entity registered under Companies Act belonging to the same holding company, then all such company (ies) or Corporation(s) or Group(s), as the case may be, shall be treated as one.

Where: “Holding Company” shall mean two or more enterprises which, directly or indirectly, are in a position to:

(i) exercise twenty -six per cent, or more of voting rights in other enterprise; or

(ii) appoint more than fifty per cent of members of board of directors in the other enterprise.

2.1.3 The details of the Project (as provided in Appendix I hereof) is provided only as a preliminary reference document by way of assistance to the Bidders who are expected to carry out their own assessment and other detailed examination before submitting their Bids. Nothing contained in Appendix I shall be binding on the Corporation nor confer any right on the Bidders, and the Corporation shall have no liability whatsoever in relation to or arising out of any or all contents of Appendix I.

2.1.4 Notwithstanding anything to the contrary contained in this RFP, the detailed terms specified in the draft JV Agreement shall have overriding effect; provided, however, that any conditions or obligations imposed on the Bidder hereunder shall continue to have effect in addition to its obligations under the JV Agreement.

2.1.5 The commercial bids of only the technically qualified and eligible bidders shall be opened. The bidders shall submit online their commercial bids as per the template displayed in the E-procurement portal. The format for the bid submission shall be as per Appendix IV.

2.1.6 The selected bidder shall provide to APMDC the consideration fee (in terms of prevailing seignorage fee payable to the state Government) as finalized and as per the terms and conditions of this RFP and the provisions of the draft JV Agreement.

2.1.7 The bidder shall pay the Earnest money deposit (EMD) through online payment in the E-procurement portal. Cash/Cheque/DD for EMD payment shall not be accepted.

of 78

2.1.8 The bidder shall not be able to submit the bids without the online payment of Earnest money deposit and payment of tender document fee and APTS transaction fee

2.1.9 The Bidder should submit a Power of Attorney as per the format provided at Appendix VII hereof, authorizing the signatory of the Bid to commit the Bidder.

2.1.10 Any condition or qualification or any other stipulation contained in the Bid shall render the Bid liable to rejection as a non-responsive Bid.

2.1.11 The Bid and all communications in relation to or concerning the Bidding Documents and the Bid shall be in English language.

2.1.12 The Bidding Documents including this RFP and all attached documents are and shall remain the property of the Corporation and are transmitted to the Bidders solely for the purpose of preparation and the submission of a Bid in accordance herewith. 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 Bid. The Corporation will not return any Bid or any information provided along therewith.

2.1.13 A Bidder shall not have a conflict of interest (the “Conflict of Interest”) that affects the Bidding Process. Any Bidder found to have a Conflict of Interest shall be disqualified. In the event of disqualification, the Corporation shall forfeit and appropriate the Bid Security, as compensation and damages payable to the Corporation for, inter alia, the time, cost and effort of the Corporation, including consideration of such Bidder’s proposal, without prejudice to any other right or remedy that may be available to the Corporation hereunder or otherwise. Without limiting the generality of the above, a Bidder shall be considered to have a Conflict of Interest that affects the Bidding Process, if: (i) such Bidder (or any constituent thereof) and any other Bidder (or any

constituent thereof) have common controlling shareholders or other ownership interest; provided that this qualification shall not apply in cases where the direct or indirect shareholding in a Bidder or a constituent thereof in the other Bidder(s) (or any of its constituents) is less than 1% of its paid up and subscribed capital; provided further that this disqualification shall not apply to any ownership by a bank, insurance company, pension fund or a public financial institution referred to in Section 4A of the Companies Act, 1956, as amended or by the Central/ a State Government or their instrumentalities; or

(ii) a constituent of such Bidder is also a constituent of another Bidder; or (iii) such Bidder receives or has received any direct or indirect subsidy from

any other Bidder, or has provided any such subsidy to any other Bidder; or

(iv) such Bidder has the same legal representative for purposes of this Bid as any other Bidder; or

(v) Such Bidder has a relationship with another Bidder, directly or through common third parties, that puts them in a position to have access to each

of 78

other’s information about, or to influence the Bid of either or each of the other Bidder; or

(vi) Such Bidder has participated as a consultant to the Corporation in the preparation of any documents, design or technical specifications of the Project.

2.1.14 A Bidder shall be liable for disqualification and forfeiture of Bid Security, if any legal, financial or technical adviser of the Corporation in relation to the Project is engaged by the Bidder in any manner for matters related to or incidental to such Project during the Bidding Process or subsequent to the (i) issue of the LOA or (ii) execution of the JV Agreement. In the event any such adviser is engaged by the Selected Bidder, after issue of the LOA or execution of the JV Agreement, then notwithstanding anything to the contrary contained herein or in the LOA or the JV Agreement and without prejudice to any other right or remedy of the Corporation, including the forfeiture and appropriation of the Bid Security, as the case may be, which the Corporation may have thereunder or otherwise, the LOA or the JV Agreement, as the case may be, shall be liable to be terminated without the Corporation being liable in any manner whatsoever to the Selected Bidder for the same.

2.1.15 No verbal clarifications and information provided by the Corporation and/or its employee(s) and/or its representative(s) or its consultant(s) shall in any way be binding on the Corporation unless subsequently confirmed through issuance of corrigendum (s)/ amendment (s).

2.1.16 This RFP is not transferable. 2.1.17 Any award pursuant to this RFP shall be subject to the terms of Bidding

Documents. 2.2 Cost of Bidding

The Bidders shall be responsible for all of the costs associated with the preparation of their Bids and their participation in the Bidding Process. The Corporation will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of the Bidding Process.

2.3 Site visit and verification of information 2.3.1 Bidders are encouraged to submit their respective Bids after proper due diligence

of the information provided and after visiting the Project site and ascertaining for themselves the site conditions, traffic, location, surroundings, climate, availability of power, water and other utilities for construction, access to site, handling and storage of materials, weather data, mining conditions, applicable laws and regulations, and any other matter considered relevant by them. Bidders are encouraged to take appropriate steps in regards to the tender and proposed Joint Venture. Interested bidders are advised to contact Nodal Officer in order to visit the quarry at Chimakurthy and familiarize themselves with the site conditions of the concerned areas and go through the attached terms & condition of the tender document before submission of tender documents.

2.3.2 It shall be deemed that by submitting a Bid, the Bidder has:

of 78

(a) made a complete and careful examination of the Bidding Documents; (b) received all relevant information requested from the Corporation; (c) acknowledged and accepted the risk of inadequacy, error or mistake in the

information provided in the Bidding Documents or furnished by or on behalf of the Corporation relating to any of the matters referred to in this RFP document including Clause 2.3.1 above;

(d) satisfied itself about all matters, things and information including matters referred to in Clause 2.3.1 hereinabove necessary and required for submitting an informed Bid, execution of the Project in accordance with the Bidding Documents and performance of all of its obligations thereunder;

(e) acknowledged and agreed that inadequacy, lack of completeness or incorrectness of information provided in the Bidding Documents or ignorance of any of the matters referred to in Clause 2.3.1 hereinabove shall not be a basis for any claim for compensation, damages, extension of time for performance of its obligations, loss of profits etc. from the Corporation, or a ground for termination of the JV Agreement; and

(f) Agreed to be bound by the undertakings provided by it under and in terms hereof.

2.3.3 The Corporation shall not be liable for any omission, mistake or error on the part of the Bidder in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to RFP, the Bidding Documents or the Bidding Process, including any error or mistake therein or in any information or data given by the Corporation.

2.4 Right to accept and to reject any or all Bids 2.4.1 Notwithstanding anything contained in this RFP, the Corporation reserves the

right to accept or reject any Bid and to annul the Bidding Process and reject all Bids at any time without any liability or any obligation for such acceptance, rejection or annulment, and without assigning any reasons.

2.4.2 The Corporation reserves the right to reject any Bid and appropriate the Bid Security if: (a) at any time, a material misrepresentation is made or uncovered or comes to

know after issuance of LOA or after the award of the contract, or

(b) The Bidder does not provide, within the time specified by the Corporation, the supplemental information sought by the Corporation for evaluation of the Bid.

Such misrepresentation/ improper response shall lead to the disqualification of the Bidder. If such disqualification / rejection occurs after the Bids have been opened and the highest scorer (Bidder) gets disqualified / rejected, then the Corporation reserves the right to take any such measure as may be deemed fit in the sole discretion of the Corporation, including annulment of the Bidding Process.

of 78

2.4.3 In case it is found during the evaluation or at any time before signing of the JV Agreement or after its execution and during the period of subsistence thereof, the eligibility criteria and other conditions mentioned in the tender document have not been met by the Bidder or the Bidder has made material misrepresentation or has given any materially incorrect or false information, the Bidder shall be disqualified forthwith if not yet appointed as the JV partner either by issue of the LOA or entering into of the JV Agreement, and if the Bidder has already been issued the LOA or has entered into the JV Agreement, as the case may be, the same shall, notwithstanding anything to the contrary contained therein or in this RFP, be liable to be terminated, by a communication in writing by the Corporation to the Bidder, without the Corporation being liable in any manner whatsoever to the Bidder or JV partner, as the case may be. In such an event, the Corporation shall forfeit and appropriate the Bid Security or Performance Security, as the case may be, as mutually agreed genuine pre-estimated compensation and damages payable to the Corporation for, inter alia, time, cost and effort of the Corporation, without prejudice to any other right or remedy that may be available to the Corporation.

2.4.4 The Corporation reserves the right to verify all statements, information and documents submitted by the Bidder in response to the RFP or the Bidding Documents. Failure of the Corporation to undertake such verification shall not relieve the Bidder of its obligations or liabilities hereunder nor will it affect any rights of the Corporation there under.

2.5 Right to Negotiate 2.5.1 The Corporation reserves the right to reject any or all tenders without assigning

any reason what so-ever and to negotiate with selected bidder regarding quotation, consideration, terms and conditions. The methodology of negotiations as decided by the Corporation shall be final and binding on such bidder.

2.6 Obligations relating to Change in Ownership of JV Partner

2.6.1 The JV Partner shall not undertake or permit any Change in Ownership, except with the prior written approval of APMDC.

2.6.2 Notwithstanding anything to the contrary contained in this RFP, the JV Partner agrees and acknowledges that:

a) all acquisitions of Equity by an acquirer, either by himself or with any person acting in concert, directly or indirectly, including by transfer of the direct or indirect legal or beneficial ownership or control of any Equity, in aggregate of 25% (twenty five per cent) or more of the total Equity of the JV Partner; or

b) acquisition of any control directly or indirectly of the board of directors of the JV Partner by any person either by himself or together with any person or persons acting in concert with him,

of 78

shall constitute a Change in Ownership requiring prior approval of the Corporation (APMDC), the decision of the Corporation in this behalf being final, conclusive and binding on the JV Partner, and undertakes that it shall not give effect to any such acquisition of Equity or control of the board of directors of the JV Partner without such prior approval of APMDC. It is also agreed that APMDC shall not be liable in any manner on account of grant or otherwise of such approval and that such approval or denial thereof shall not in any manner absolve the JV Partner from any liability or obligation under this RFP.

For the purposes of this Clause 2.6.2:

i. the expression "acquirer", "control" and "person acting in concert" shall have the meaning ascribed thereto in the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeover) Regulations, 2011 or any statutory re-enactment thereof as in force as on the date of acquisition of Equity, or the control of the board of directors, as the case may be, of the JV Partner;

ii. the indirect transfer or control of legal or beneficial ownership of Equity shall mean transfer of the direct or indirect beneficial ownership or control of any company or companies whether in India or abroad which results in the acquirer acquiring control over the shares or voting rights of shares of the JV Partner; and

iii. power to appoint, whether by contract or by virtue of control or acquisition

of shares of any company, holding directly or through one or more companies (whether situate in India or abroad), the Equity of the JV Partner, not less than half of the directors on the board of directors of the JV Partner or of any JV company, directly or indirectly, whether situated in India or abroad, having ultimate control of 25% (twenty five per cent) or more of the Equity of the JV Partner shall constitute acquisition of control, directly or indirectly, of the board of directors of the JV Partner.

c) Any change in Ownership shall be subject to the restrictions as stipulated

in the Joint Bidding Agreement provided in Appendix IX.

B. DOCUMENTS

2.7 Contents of the RFP

2.7.1 This RFP comprises the Disclaimer set forth hereinabove, the contents as listed below: Key Dates Data Sheet Definitions

of 78

1. Introduction 2. Instructions to Bidders 3. Evaluation of Bids Appendices I Details of the Project II Model JV Agreement III Declaration IV Template for commercial bid submission V Format for statement detailing financial capability VI Format for technical capability VII Power of Attorney for signing of Bid VIIIA Format for Performance Bank Guarantee VIIIB Format for Performance Bank Guarantee in case of Consortium IX Format for Pre-Bid Queries X Consortium Operating Agreement

2.8 Clarifications

2.8.1 Bidders requiring any clarification on the RFP may notify the Corporation in writing or by e-mail in accordance with Clause 1.2.9. They should send in their queries before the stipulated date as mentioned in the tender document. The Corporation shall endeavor to respond to the queries within the period specified therein. The corporation shall upload the replies to all the queries on the AP E-procurement portal. The source of the queries will not be mentioned.

2.8.2 The Corporation shall endeavor to respond to the questions raised or clarifications sought by the Bidders. However, the Corporation reserves the right not to respond to any question or provide any clarification, in its sole discretion, and nothing in this Clause shall be taken or read as compelling or requiring the Corporation to respond to any question or to provide any clarification.

2.8.3 The Corporation may also on its own motion, if deemed necessary, issue interpretations and clarifications to all Bidders. All clarifications and interpretations issued by the Corporation shall be deemed to be part of the Bidding Documents. Verbal clarifications and information given by Corporation or its employees or representatives shall not in any way or manner be binding on the Corporation.

2.9 Amendment of RFP

2.9.1 At any time prior to the deadline for submission of Bids, the Corporation may, for any reason, whether at its own initiative or in response to clarifications requested by a Bidder, modify the RFP by the issuance of Addenda.

of 78

2.9.2 Any Corrigendum/Addendum thus issued will be uploaded ONLY on the AP E-

procurement portal. There will be no newspaper notification or advertisement in this regard.

2.9.3 In order to afford the Bidders a reasonable time for taking an Addendum into account, or for any other reason, the Corporation may, at its own discretion, extend the Bid Due Date. The Corporation may, in its sole discretion, extend the bid due date by issuing an appropriate notice in this regard at any time prior to the opening of the Bids, and even after the previous Bid Due Date being so extended.

C. PREPARATION AND SUBMISSION OF BIDS

2.10 Technical Bid Preparation Bidders shall prepare the following documents in the required format as per the conditions prescribed in the RFP and upload the same in the AP E-procurement portal as part of their technical bid submission

2.10.1 Details of the Project (Appendix I) with each page initialed by the person signing the Bid in pursuance of the Power of Attorney

2.10.2 A copy of the JV Agreement (Appendix II) with each page initialed by the person signing the Bid in pursuance of the Power of Attorney

2.10.3 Declaration letter indicating Bid validity (Appendix III) 2.10.4 Financial details of the bidder (Appendix V) (This should be Certified by the

Statutory Auditor of the Bidder/Independent Chartered Accountant) 2.10.5 Technical details of the bidder (Appendix VI) 2.10.6 The following extracts of Audited financial reports for the last 3 years

a. Auditor’s Report b. Balance sheet c. Statement of Profit & loss d. Schedules to balance sheet and statement of Profit & loss e. Notes forming part of financial statements

2.10.7 Power of Attorney/Board Resolution in favor of the signatory (appendix VII) 2.10.8 Tender Document Fee and Bid Security (Proof of payment as the case may be) 2.10.9 Any other documentary proof with respect to the conditions prescribed under the

Eligibility Criteria (i.e., clause 1.3) or with respect to conditions prescribed under any other clauses of the RFP

2.11 Instruction regarding submission of technical bids

i) Transaction Fee for Tender: All the participating bidders shall pay a transaction fee @ 0.03% of ECV (estimated contract value) with a cap of Rs.10,000/- (Rupees

of 78

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

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

iii) The bidders shall submit their eligibility and qualification details, Technical bid etc., in the online standard formats UNDER PQ/TQ templates as displayed in AP e-Procurement web site. The bidders shall also upload the scanned copies of all the relevant certificates, documents etc., as per the list of documents as mentioned under clause 2.10 in the e-Procurement web site before the technical bid due date. APMDC may reject any bid that is not complete in terms of submission of the documents mentioned above and the decision of APMDC shall be final and binding in this regard.

iv) The bidder shall sign on the statements, documents, certificates, uploaded by him, owning responsibility for their correctness/authenticity. 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.

v) The bidders shall submit the commercial bids in the standard online format before the technical bid due date. They shall also upload online scanned copies commercial bid as per the format given in Appendix IV. The commercial bid of only the eligible technically qualified bidders shall be opened.

vi) The Bidders shall quote rate in multiples of the prevailing existing Seigniorage fee, which shall be used to determine the consideration amount payable to the Corporation. The Bidder shall quote rate, not less 1.0 times of the prevailing existing Seigniorage fee payable to the State Government for each cubic meter on Ex-Quarry basis. The rates quoted shall be exclusive of statutory levies, like Consideration to GoAP, Seigniorage fee, DMF, MERIT, Cess, GST etc. The rates payable shall be understood in terms of prevailing seigniorage fee multiples. Any increase in seigniorage fee payable to State Government would result in proportionate increase in the payable rates also. This shall be the bid parameter for evaluation

of 78

vii) Registration with e-Procurement platform: For registration and online bid submission bidders may contact HELP DESK of M/s. Vupadhi Techno Services Pvt Ltd on 040-39999700/701/702/703/704,www.apeprocurement.gov.in or https://tender.apeprocurement.gov.in.

viii) Digital Certificate authentication: The bidder shall authenticate the bid with his Digital Certificate for submitting the bid electronically on e-Procurement platform and the bids not authenticated by digital certificate of the bidder will not be accepted on the e-Procurement platform.

For obtaining Digital Signature Certificate, you may please Contact: Andhra Pradesh Technology Services Limited, BRKR Bhavan, B-Block, Tankbund Road, Hyderabad-500022. Phone: +91-40-23220305, Fax: +91-40-23228057

(OR)

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

Hard copies:

Submission of Hard copy of the documents is not required.

2.12 Bid Due Date

2.12.1 Bids should be submitted before the Techno-Commercial Bid due date specified in the section “Key Dates” in Page No. 3. in the manner and form as detailed in this RFP.

2.12.2 The Corporation may, in its sole discretion, extend the Technical Bid Due Date by issuing an Corrigendum in accordance with Clause 2.9 uniformly for all Bidders.

2.12.3 Bid Opening Process:

i. Technical bids will be opened/ downloaded in presence of tender committee on the bid opening date and the technical bids will be evaluated.

ii. The commercial bids of only the technically qualified bidders shall be opened as per the schedule mentioned in the RFP.

2.13 Late Bids

Bids received by the Corporation after the specified time on the Bid Due Date shall not be eligible for consideration and shall be summarily rejected.

2.14 Contents of the Bid

of 78

2.14.1 The Bid shall be furnished in the formats as specified in Appendixes and the conditions mentioned in the RFP.

2.14.2 The opening of Bids and acceptance thereof shall be substantially in accordance with this RFP.

2.15 Rejection of Bids

2.15.1 The Corporation reserves the right to accept or reject all or any of the Bids without assigning any reason whatsoever. It is not obligatory for the Corporation to accept any Bidder to give any reasons for their decision.

2.15.2 The Corporation reserves the right not to proceed with the Bidding Process at any time, without notice or liability, and to reject any Bid without assigning any reasons.

2.16 Validity of Bids

2.16.1 The Bids shall be valid for a period of 180 (one eighty) days from the Bid Due Date. The validity of Bids may be extended by mutual consent of the respective Bidders and the Corporation.

2.17 Confidentiality

Information relating to the examination, clarification, evaluation and recommendation for the Bidders shall not be disclosed to any person who is not officially concerned with the process or is not a retained professional advisor advising the Corporation in relation to, or matters arising out of, or concerning the Bidding Process. The Corporation will treat all information, submitted as part of the Bid, in confidence and will require all those who have access to such material to treat the same in confidence. The Corporation may not divulge any such information unless it is directed to do so by any statutory entity that has the power under law to require its disclosure or is to enforce or assert any right or privilege of the statutory entity and/ or the Corporation. Such persons/bidders who are found to be disclosing the Confidential Information belonging to the Corporation without any authorization or need to know basis, shall be proceeded against and shall be liable to be sued for exemplary damages.

2.18 Correspondence with the Bidder

The Corporation shall not entertain any correspondence with any Bidder in relation to acceptance or rejection of any Bid.

D. Tender Document fee

of 78

Bidders are required to remit non-refundable tender document fee of INR 59,000 /- (Fifty-Nine Thousand Rupees only, inclusive of GST). Tender document fee to be paid online through RTGS / NEFT transfers. Document fee to be remitted through RTGS/ NEFT to the following Bank Account:

1. Name of the Beneficiary A P MINERAL DEVELOPMENT CORPORATION LTD.

2. Account Number 053411100003509

3. IFS CODE UBIN0811939

4. Name of the Bank and Branch

Union Bank of India, Tadigadapa, Vijayawada

Note:

a. Bank transfer charges either way would be on bidder’s a/c only. No Demand Draft payment is accepted.

b. In case the Corporation cancels the tender due to administrative reasons, before the date of opening of techno-commercial bids, the tender document fee shall be refunded to the bidders. Under no circumstances the refund amounts shall carry any interest and the bidders who have been refunded shall not have any right or claim over the Corporation to pay any interest on such refund.

E. BID SECURITY

2.19 Bid Security

2.19.1 The bidder shall pay an Earnest money deposit (EMD) amount of INR 50,00,000/- (Fifty Lakhs Rupees only) through online payment in the AP E-procurement portal.

2.19.2 Cash/Cheques/DD/Bank Guarantee and also requests for adjustment against credit balances with the Corporation, if any, towards EMD shall not be accepted. Exemption from payment of EMD shall not be considered under any category. The EMD amount shall not bear any interest.

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

2.19.4 The Bid Security of unsuccessful Bidders will be refunded (without any interest) through the E-procurement portal on acceptance of the Bid of the Selected Bidder or when the Bidding process is cancelled by the Corporation. Under no

of 78

circumstances the refund amounts shall carry any interest and the bidders who have been refunded shall not have any right or claim over the Corporation to pay any interest on such refund. The Selected Bidder’s Bid Security will be adjusted against the Performance Security Deposit (PSD), without any interest, and the Bidder shall furnish the remaining balance amount of Performance Security in accordance with the format provided in Appendix IX.

2.19.5 The Corporation shall be entitled to forfeit and appropriate the Bid Security as compensation / damages to the Corporation in any of the events specified in Clause 2.19.6 herein below. The Bidder, by submitting its Bid pursuant to this RFP, shall be deemed to have acknowledged and confirmed that the Corporation will suffer loss and damage on account of withdrawal of its Bid or for any other default by the Bidder during the Bid validity period. No relaxation of any kind on Bid Security shall be given to any Bidder.

2.19.6 The Bid Security shall be forfeited and appropriated by the Corporation as mutually agreed genuine pre-estimated compensation and damages payable to the Corporation for, inter alia, time, cost and effort of the Corporation without prejudice to any other right or remedy that may be available to the `Corporation hereunder or otherwise, under the following conditions:

a) If a Bidder engages in a corrupt practice, fraudulent practice, coercive

practice, undesirable practice or restrictive practice as specified in Clause 3.5 of this RFP; (OR)

b) If a Bidder withdraws its Bid during the period of Bid validity as specified in

this RFP and as extended by the Bidder from time to time; (OR) c) In the case of Selected Bidder, if it fails within the specified time limit:

i) To sign the JV Agreement and/or

ii) To furnish the Performance Security within the period prescribed in the JV Agreement;

(OR)

d) In case the Selected Bidder, having signed the JV Agreement, commits any

breach thereof prior to furnishing the Performance Security. e) If the bid is varied and/ or modified during the bid validity period and any

extension thereof as agreed to by the bidder.

of 78

2.19.7 In case the Corporation cancels the tender due to administrative reasons, before the date of opening of techno-commercial bids, the Bid Security shall be refunded to the bidders. Under no circumstances the refund amounts shall carry any interest and the bidders who have been refunded shall not have any right or claim over the Corporation to pay any interest on such refund.

F. PERFORMANCE SECURITY DEPOSIT

2.20 Performance Security Deposit 2.20.1 The JV Partner (selected bidder) shall submit an unconditional and irrevocable

Performance Security Deposit of INR 2,00,00,000 /- ( Rupees Two Crores Only) in the form of a Demand Draft or a Bank Guarantee issued by any Nationalized Bank/Scheduled Commercial Bank, in favor of the Corporation in the format at Appendix VIII (the “Bank Guarantee”), payable at Vijayawada, within 15 days from the date of issue of LOA by APMDC, failing which the Corporation may at its sole discretion cancel the LOA and forfeit the Bid Security towards Earnest Money Deposit. The Corporation reserves the right to reject the Demand Draft or Bank Guarantee from specific banks without assigning any reason whatsoever.

2.20.2 The Performance Bank Guarantee (PBG) to be furnished by the selected bidder to the Corporation initially for a period of 1 year from the date of issue of LOA, with a claim period of 1 year from the date of expiry of its validity. The PBG shall be extended for every year at least 30 days before the expiration of its validity, till completion of the agreement period.

2.20.3 The Performance Security Deposit shall not bear any interest. Any bank charges or commission on account of furnishing Demand Draft or Performance Bank Guarantee shall be borne by the JV partner only.

2.20.4 The Performance bank guarantee as above will be returned to the selected bidder by the Corporation within 12 months from the date of completion of the contract on submission of "No due Certificate" from the chief project officer, Granite Project assigned by APMDC and an unconditional "No claim against Corporation" certificate by the bidder. Any conditions stipulated shall be null and void and once the PBG is returned, the contractor shall not have any claims against the Corporation

2.21 Events for appropriation of the Performance Security

2.21.1 The Performance Security may be appropriated by APMDC upon occurrence of any of the events specified in clause 2.1 through 2.6 and any other clause duly mentioned in the RFP document, to be determined by APMDC in its sole discretion. The Performance Security shall be in form of a bank guarantee and APMDC may invoke the same on an Appropriation Event.

of 78

2.21.2 Provided however that in the event an Appropriation Event has occurred solely on account of an Event of Force Majeure which could not have been mitigated by the Selected Bidder, then the Performance Security shall not be appropriated for such specific Appropriation Event.

2.22 Manner of appropriation of the Performance Security

2.22.1 Upon occurrence of an Appropriation Event, to be determined by APMDC, APMDC shall have the unconditional right to appropriate the Performance Security by providing a written notice to the Selected Bidder. The failure of the JVC or its promoters to make any payments due to APMDC shall also be considered an event of appropriation.

2.22.2 In the event of a part or total appropriation of the Performance Security, the Selected Bidder shall be required to: (i) rectify the Appropriation Event; and (ii) top-up the bank guarantee constituting the Performance Security by the amount appropriated such that the total value of PSD adds upto the actual PSD amount as mentioned in clause 2.20, within 15 days of receipt of a notice under Clause 2.22.1.

2.22.3 Any one or more Appropriation Events resulting in appropriation of the entire Performance Security shall give APMDC a right to take control / possession over the entire project (including rights over mining leases and other movable or immovable assets) without prejudice to any other proceeding to be taken against the mining lease holder.

G. FORCE MAJEURE

2.23 Force Majeure

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

2.23.2 The term Force Majeure shall mean, acts of God, War, Civil riots, fire, flood, earthquake, hurricane, cyclone, lockouts, strikes (not related to the Bidder and its employees), Civil War, acts of terrorism, labor disputes, Compliance with any statute, directions issued by any Governmental Authorities or regulation of the Government directly affecting this contract

2.23.3 Upon the occurrence of such cause and upon its termination the Bidder, alleging that it has been rendered unable as aforesaid thereby, shall notify APMDC in

of 78

writing within a week of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of his claim.

2.23.4 Time for performance of the relative obligation suspended by Force Majeure shall then stand extended by the period for which such cause lasts. However, in case the force majeure period extends beyond 180 days in any given year, both the parties shall meet and decide on a further course of action.

2.23.5 The days lost due to force majeure for each year period will be compensated at the end of each year period.

H. TERMINATION

2.24 Termination for the JV Partner Default

2.24.1 Subject to Applicable Laws and save as otherwise provided in this RFP and JV Agreement, in the event that any of the defaults specified below shall have occurred, and the JV Partner fails to cure the default within the Cure Period set forth below, or where no Cure Period is specified, then within a Cure Period of 60 (sixty) days, the JV Partner shall be deemed to be in default of JV Agreement (the "JV Partner Default"), unless the default has occurred solely as a result of any breach of the JV Agreement by APMDC or due to Force Majeure. The defaults referred to herein shall include:

a) The Performance Security has been encashed and appropriated in

accordance with Clause 2.2 and the JV Partner fails to replenish or provide fresh Performance Security within a Cure Period of 15 (fifteen) days

b) The JV Partner does not start Granite excavation within 3 (three) months

from the date of receipt of all statutory clearances

c) The JV Partner abandons or manifests intention to abandon the development or operation of the Project without the prior written consent of APMDC

d) The JV Partner is in breach of the Maintenance Requirements or the

Safety Requirements, as the case may be e) Default on Payments:

i. In case the JVC fails to pay consideration (for any month) beyond a period of fifteen (15) days up to a period One Hundred and Eighty (180) days, an interest rate equivalent to SBIs Six-Months MCLR

of 78

plus 0.25%, shall be levied on the amount due to the Corporation, until payment of such dues is made by the JVC.

ii. In case the JVC fails to pay consideration (for any month) beyond a period of One Hundred and Eighty (180) days up to period of Three-hundred and sixty (360) days, an interest at the rate of twenty-four (24) per cent per annum shall be levied on the amount due to the Corporation, until payment of such dues is made by the JVC.

iii. In case the JVC fails to pay consideration for any month beyond a period of Three-hundred and sixty (360) days, the Corporation reserves the right to terminate the agreement and suspend further operations at the quarry.

f) If applicable, upon occurrence of a Financial Default, the Lenders'

Representative has by notice required APMDC to undertake Suspension or Termination, as the case may be, in accordance with the JV Agreement and the JV Partner fails to cure the default within the Cure Period specified hereinabove;

g) A breach of any Project Agreement by the JV Partner has caused a

Material Adverse Effect h) The JV Partner commits a material breach of the Mining Plan i) The JV Partner creates any Encumbrance except as expressly permitted

under JV Agreement j) A Change in Ownership has occurred in breach of the provisions of

Clause 2.6 of this tender document k) The JV Partner fails to achieve the Actual Production as indicated in

Appendix I, save and except to the extent such failure is caused solely by (i) Force Majeure, or (ii) a default of APMDC, not occurring due to any act or omission of the JV Partner

l) There is a transfer, pursuant to law either of (i) the rights and/ or

obligations of the JV Partner under any of the Project Agreements, or of (ii) all or part of the assets or undertaking of the JV Partner, and such transfer causes a Material Adverse Effect

m) An execution levied on any of the assets of the JV Partner has caused a

Material Adverse Effect

of 78

n) The JV Partner is adjudged bankrupt or insolvent, or if a trustee or receiver is appointed for the JV Partner or for the whole or material part of its assets that has a material bearing on the Project

o) The JV Partner has been, or is in the process of being liquidated,

dissolved, wound-up, amalgamated or reconstituted in a manner that would cause, in the reasonable opinion of APMDC, a Material Adverse Effect

p) A resolution for winding up of the JV Partner is passed q) Any petition for winding up of the JV Partner is admitted by a court of

competent jurisdiction and a provisional liquidator or receiver is appointed and such order has not been set aside within 90 (ninety) days of the date thereof or the JV Partner is ordered to be wound up by Court except for the purpose of amalgamation or reconstruction; provided that, as part of such amalgamation or reconstruction, the entire property, assets and undertaking of the JV Partner are transferred to the amalgamated or reconstructed entity and that the amalgamated or reconstructed entity has unconditionally assumed the obligations of the JV Partner under JV Agreement and the Project Agreements; and provided that:

i. The amalgamated or reconstructed entity has the capability and

operating experience necessary for the performance of its obligations under JV Agreement and the Project Agreements (as per the eligibility criteria of this RFP)

ii. The amalgamated or reconstructed entity has the financial standing

to perform its obligations under JV Agreement and the Project Agreements (as per the eligibility criteria of this RFP) and has a credit worthiness at least as good as that of the JV Partner as at the Appointed Date; and

iii. Each of the Project Agreements remains in full force and effect.

r) Any representation or warranty of the JV Partner herein contained which is, as of the date hereof, found to be materially false, incorrect or misleading or the JV Partner is at any time hereafter found to be in breach thereof

s) The JV Partner submits to APMDC any statement, notice or other

document, in written or electronic form, which has a material effect on

of 78

APMDC's rights, obligations or interests and which is false in material particulars

t) The JV Partner has failed to fulfill any obligation, for which failure

Termination has been specified in JV Agreement u) The JV Partner issues a Termination Notice in violation of the provisions

of JV Agreement v) The JV Partner commits a default in complying with any other provision

of the RFP and JV Agreement, if such default causes or may cause a Material Adverse Effect; or

w) Any other event or occurrence identified as a ‘JV Partner Default’ under

JV Agreement has occurred.

2.24.2 Without prejudice to any other rights or remedies which APMDC may have under JV Agreement, upon occurrence of a JV Partner Default, APMDC shall be entitled to terminate JV Agreement by issuing a Termination Notice to the JV Partner; provided that before issuing the Termination Notice, APMDC shall by a show cause notice inform the JV Partner of its intention to issue such Termination Notice and grant 15 (fifteen) days to the JV Partner to make a representation, and may after the expiry of such 15 (fifteen) days, whether or not it is in receipt of such representation, issue the Termination Notice.

2.25 Termination Payment

2.25.1 Upon Termination on account of a JV Partner Default during the Operation

Period, APMDC shall have complete rights to take possession / control over the entire project and immovable assets thereof (including rights over mining leases and other assets) in any manner as it deems fit without prejudice to any other proceeding to be taken against the mining lease holder.

2.25.2 Notwithstanding anything to the contrary in this section “Termination”, the JV Partner acknowledges, agrees and undertakes that:

a) APMDC shall not be obligated to purchase from the JV Partner any Non-Funded Works and/ or Project Specific Assets or pay the Purchase Value of any Non-Funded Works and/or Project Specific Assets to the JV Partner

of 78

b) subject to (a) above, APMDC shall not be obligated to purchase or make any Termination Payment in respect of any Moving Equipment used by the JV Partner at the Project

c) No Termination Payment shall be due and payable from APMDC under such

circumstances.

3. EVALUATION OF BIDS

3.1 Opening and Evaluation of Bids

3.1.1 The Bidders shall submit the bids online as entailed under clause 2.11 prior to the due date as mentioned in the section “Key Dates” on page number 3, of the RFP.

3.1.2 The Corporation will subsequently examine and evaluate the Bids in accordance with the provisions set out in the RFP.

3.1.3 To facilitate evaluation of Bids, the Corporation may, at its sole discretion, seek clarifications in writing from any Bidder regarding its Bid.

3.2 Tests of responsiveness

3.2.1 Prior to evaluation of Bids, the Corporation shall determine whether each Bid is responsive to the requirements of the RFP. A Bid shall be considered responsive only if: (a) It is received as per the formats given in this RFP

(b) It is received by the Bid Due Date including any extension thereof pursuant

to Clause 2.12.2 (c) It is signed, sealed, bound and marked as stipulated in Clauses 2.10 (d) It is accompanied by the Bid Security as specified in Clause 2.1.7; (e) It is accompanied by the Power(s) of Attorney as specified in Clauses 2.1.9 as

the case may be; (f) It contains all the information (complete in all respects) as requested in this

RFP and/or Bidding Documents (in formats same as those specified) (g) It does not contain any condition; and

of 78

(h) It is not non-responsive in terms hereof.

3.2.2 The Corporation reserves the right to reject any Bid which is non-responsive and no request for alteration, modification, substitution or withdrawal shall be entertained by the Corporation in respect of such Bid.

3.3 Selection of Bidder

3.3.1 The Bidder adjudged as responsive in terms of Clause 3.2.1 and emerging successful in the E-tender by quoting HIGHEST Consideration to APMDC (in terms of multiple of prevailing seignorage fee payable to the State Government) , shall be declared as the “Selected Bidder”.

3.3.2 The selected bidder shall be the bidder quoting the highest consideration fee (as multiple of the prevailing seigniorage fee payable to the State government (DMG), in the E- Tender process. The actual payment to APMDC will be the maximum amount among Minimum Consideration, Actual Consideration or revenue share, as elaborated in Annexure-I – Details of the Project.

3.3.3 In case of tie, the bidder with higher average annual turnover during the last 3 financial years preceding the Bid due date i.e. 2018-19, 2019-20 & 2020-21 will be adjudged as the selected bidder.

3.3.4 After selection, a Letter of Award (the “LOA”) shall be issued, in duplicate, by the Corporation to the Selected Bidder and the Selected Bidder shall, within 7 (seven) days of the receipt of the LOA, sign and return the duplicate copy of the LOA in acknowledgement thereof. In the event the duplicate copy of the LOA duly signed by the Selected Bidder is not received by the stipulated date, the Corporation may, unless it consents to extension of time for submission thereof, appropriate the Bid Security of such Bidder as loss and damage suffered by the Corporation on account of failure of the Selected Bidder to acknowledge the LOA. After acknowledgement of the LOA as aforesaid by the Selected Bidder, it shall execute the JV Agreement within one month from the date of issue of LoA. The Selected Bidder shall not be entitled to seek any deviation in the JV Agreement. In the event the Selected Bidder fails to execute the JV agreement within the stipulated time, the Corporation may, unless it consents to extension of time for submission thereof, appropriate the Bid Security of such Bidder as loss and damage suffered by the Corporation.

3.3.5 In the event of imposition of additional and or fresh levies, duties, taxes, cess, enhancement of dead rent and Seigniorage fee etc. by the State/Central Government, the same shall be borne by the selected bidder.

of 78

3.4 Contacts during Bid Evaluation Bids shall be deemed to be under consideration immediately after they are opened and until such time the Corporation makes official intimation of award/ rejection to the Bidders. While the Bids are under consideration, Bidders and/ or their representatives or other interested parties are advised to refrain from contacting by any means, the Corporation and/ or their employees/ representatives on matters related to the Bids under consideration.

3.5 Fraud and corrupt practices

3.5.1 The Bidders and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Bidding Process and subsequent to the issue of the LOA and during the subsistence of the JV Agreement. Notwithstanding anything to the contrary contained herein, or in the LOA or the JV Agreement, the Corporation shall reject a Bid, withdraw the LOA, or terminate the JV Agreement, as the case may be, without being liable in any manner whatsoever to the Bidder or JV partner, as the case may be, if it determines that the Bidder or JV partner, as the case may be, has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice in the Bidding Process. In such an event, the Corporation shall forfeit and appropriate the Bid Security or Performance Security, as the case may be, as mutually agreed genuine pre-estimated compensation and damages payable to the Corporation towards, inter alia, time, cost and effort of the Corporation, without prejudice to any other right or remedy that may be available to the Corporation hereunder or otherwise.

3.5.2 Without prejudice to the rights of the Corporation under Clause 3.5.1 hereinabove and the rights and remedies which the Corporation may have under the LOA or the JV Agreement, if a Bidder or JV partner, as the case may be, is found by the Corporation to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Bidding Process, or after the issue of the LOA or the execution of the JV Agreement, such Bidder or JV partner shall not be eligible to participate in any tender or RFP issued by the Corporation during a period of 2 (two) years from the date such Bidder or JV partner, as the case may be, is found by the Corporation to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the case may be.

3.5.3 For the purposes of this Clause 3.5, the following terms shall have the meaning herein after respectively assigned to them:

of 78

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting,

directly or indirectly, of anything of value to influence the actions of any person connected with the Bidding Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the Corporation who is or has been associated in any manner, directly or indirectly with the Bidding Process or the LOA or has dealt with matters concerning the JV Agreement or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the Corporation, shall be deemed to constitute influencing the actions of a person connected with the Bidding Process); or (ii) engaging in any manner whatsoever, whether during the Bidding Process or after the issue of the LOA or after the execution of the JV Agreement, as the case may be, any person in respect of any matter relating to the Project or the LOA or the JV Agreement, who at any time has been or is a legal, financial or technical adviser of the Corporation in relation to any matter concerning the Project;

(b) “fraudulent practice” means a misrepresentation or omission of facts or suppression of facts or disclosure of incomplete facts, in order to influence the Bidding Process;

(c) “coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any person or property to influence any person’s participation or action in the Bidding Process;

(d) “undesirable practice” means (i) establishing contact with any person connected with or employed or engaged by the Corporation with the objective of canvassing, lobbying or in any manner influencing or attempting to influence the Bidding Process; or (ii) having a Conflict of Interest; and

(e) “restrictive practice” means forming a cartel or arriving at any understanding or arrangement among Bidders with the objective of restricting or manipulating a full and fair competition in the Bidding Process.

3.6 Pre-bid conference

3.6.1 Pre-Bid conference of the Bidders shall be convened at the designated date, time and place as indicated in the Schedule. A maximum of two representatives of each Bidder shall be allowed to participate on production of authorization letter from the Bidder.

3.6.2 The Corporation shall endeavor to provide clarifications and such further information as it may, at its sole discretion, consider appropriate for facilitating a fair, transparent, and competitive Bidding Process.

3.6.3 The Bidders will be free to seek clarifications and make suggestions for consideration of the Corporation till the “Last date for submission of queries”, post which no such requests shall be entertained by the Corporation and the bids submitted shall be considered as binding on the Bidders.

of 78

3.6.4 The Corporation reserves the right to not respond to any question or provide any clarification, in its sole discretion, and nothing in this Tender Document shall be taken or read as compelling or requiring the Corporation to respond to any question or to provide any clarification.

3.6.5 The Corporation shall upload the responses/ clarifications for queries on the website of the E-procurement portal. The source of the query will not be mentioned.

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

3.6.7 The Corporation reserves the right to reschedule or cancel the pre-bid conference due to unforeseen circumstances with prior intimation to the Bidders.

3.7 Miscellaneous 3.7.1 The Bidding Process shall be governed by, and construed in accordance with, the

laws of India and the Courts in the city where the Head Office of the Corporation is situated, as applicable shall have exclusive jurisdiction over all disputes arising under, pursuant to and/ or in connection with the Bidding Process.

3.7.2 The Corporation, in its sole discretion and without incurring any obligation or liability, reserves the right, at any time, to (a) Suspend and/ or cancel the Bidding Process and/ or amend and/ or

supplement the Bidding Process or modify the dates or other terms and conditions relating thereto

(b) Consult with any Bidder in order to receive clarification or further information

(c) Retain any information and/ or evidence submitted to the Corporation by,

on behalf of, and/ or in relation to any Bidder; and/ or (d) Independently verify, disqualify, reject and/ or accept any and all

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

3.7.3 It shall be deemed that by submitting the Bid, the Bidder agrees and releases the Corporation, its employees, agents and advisers, irrevocably, unconditionally, fully and finally from any and all liability for claims, losses, damages, costs, expenses or liabilities in any way related to or arising from the exercise of any rights and/ or performance of any obligations hereunder, pursuant hereto and/ or in connection herewith and waives any and all rights and/ or claims it may have in this respect, whether actual or contingent, whether present or future.

of 78

APPENDIX I - DETAILS OF THE PROJECT

Project for Development of Black Galaxy Granite Deposits at Block-B (18.07 Ha) along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District on Joint Venture Basis at the following coordinates

Extent in Ha

Latitude Longitude

18.07 Ha (Block-B)

15ᴼ 35' 26.28" 79ᴼ 49' 16.25" 15ᴼ 35' 22.06" 79ᴼ 50' 06.43" 15ᴼ 35' 18.22" 79ᴼ 50' 06.05" 15ᴼ 35' 22.44" 79ᴼ 49' 15.50"

1. APMDC shall enter into a Joint Venture with the selected bidder for development of

the said Black Galaxy Granite deposit. The free-ride equity of the Corporation in lieu of providing mining leases held by APMDC to JVC shall be maintained at minimum 26% throughout the life of the JV company without any payment from the Corporation. In case of further allotments, the JV Company shall allot the proportionate share capital in the form of free-ride equity to the corporation to maintain 26% stake of APMDC. The investor/Joint-Venture partner shall raise finances for investment required through its own sources and on its own guarantee. The Corporation will not provide any such guarantee.

2. For further details on the project, please contact Sri SVC Bose, General Manager (Procurement & Contracts).

3. APMDC shall sub lease the quarry lease held by it in favor of JVC subject to approval of DMG/ Government of AP and shall permit and facilitate the JVC to undertake development of Black Galaxy Granite Deposits along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District.

4. Consideration amount payable to APMDC: Consideration payable to APMDC = MC or AC or RS, whichever is higher Where, MC = Minimum Consideration payable to APMDC AC = Actual consideration payable to APMDC RS = Revenue share payable to APMDC These considerations are calculated as follows:

Minimum Consideration (MC): MC = P X M X ((0.65 X Sc)+ (0.25 X Sg) + (0.10 X Ssg)) Where,

P=Minimum assured production (300 cum per Ha per annum) M: Rates finalized in terms of seigniorage fee multiples for black galaxy

granite blocks

Sc: Seigniorage fee payable to state Government for cutter size black galaxy granite blocks

Sg: Seigniorage fee payable to state Government for gang saw size black

of 78

galaxy granite blocks Ssg: Seigniorage fee payable to state Government for super gang saw

size black galaxy granite blocks

Actual Consideration (AC): AC = M X ((Pc X Sc)+ (Pg X Sg) + (Psg X Ssg)) Where,

Pc = Production of cutter size granite blocks in CBM

Pg = Production of gangsaw size granite blocks in CBM

Psg = Production of super gangsaw size granite blocks in CBM

M: Rates finalized in terms of seigniorage fee Mulitples for black galaxy granite blocks

Sc: Seigniorage fee payable to state Government for cutter size black galaxy granite blocks

Sg: Seigniorage fee payable to state Government for gang saw size black galaxy granite blocks

Ssg: Seigniorage fee payable to state Government for super gang saw size black galaxy granite blocks

Revenue Share (RS): RS = 10 % of the annual revenue of the JVC (i.e. the revenue from sale of raw

blocks as well as processed blocks)

5. A gestation period of three (3) months will be given from the date of obtaining all required statutory clearances for counting minimum production. However, during the gestation period, they have to pay the applicable consideration amount for the actual quantities dispatched.

6. Minimum Assured Production: The JVC shall ensure a minimum production of 300 CBM per hectare per annum i.e., 25 CBM per Hectare per month from the lease area after the completion of the gestation period. The JVC would be permitted to make good of the shortfall of production and consequent payment of the consideration amount in a block period of three years.

7. The selected bidder shall obtain all the required statutory clearances like Mining Plan approval, EC, CFE, CFO and any other applicable statutory clearance within a period of Six (6) Months from the date of signing the JV agreement with the corporation. In case of any delay in obtaining the clearances due to reasons not attributable to the selected bidder, APMDC reserves the right to extend the duration by a suitable period, based on reasons to be recorded in writing.

8. Once the JV Partner is selected and after fulfilling all the initial formalities like submitting the Performance security in the form of Bank Guarantee, the Quarry-lease will be subleased so as to facilitate uninterrupted rights over the area to the JVC.

9. The APMDC reserves the right to terminate the Agreement including the sublease in the event the JVC did not comply with the terms & conditions of the Contract within

of 78

the period specified in the said contract without explicit permission for extension of the period for fulfilling the contractual obligations by furnishing the valid reasons.

10. In case of any partial payment (partially paid consideration or statutory levies/taxes) or in case of delay in payment of consideration amount (with applicable taxes) for a period of 360 days, the Corporation shall terminate this agreement and forfeit the Performance Security Deposit.

11. The JV Partner shall be responsible for payment of the advance dead-rent/Seigniorage and cess etc., to the State Government in respect of quarry lease area and the dump areas from the date of Subleasing of the quarry lease area to the JVC for production and shall promptly inform APMDC.

12. The intellectual property rights developed by the Joint-Venture Company will be shared with the Corporation for dissemination of the same to other mining and processing units and entrepreneurs in the State. However, the Corporation will not make commercial use of such information and will only use it for public cause.

13. Statutory Clearances: Selected bidder shall obtain all statutory approvals like Environment Clearances, CFE, CFO, Mining Plan and any other applicable statutory clearance and fulfil compliance requirement as per the applicable laws. APMDC shall aid in facilitating statutory clearances for the JVC, if any.

14. The mining and processing operation shall be open to the entrepreneurs deputed by the Corporation from time to time for the purpose of learning and receiving training

15. The Corporation shall not be liable for any liability, financial, legal, or otherwise, (incl. but not limited to any damages/losses/compensation/any outstanding compensation amount payable) arising out of operations (incl. for the violations of applicable laws, regulatory/statutory/contractual obligations) of the JV Company. The JV Company shall be solely responsible for all such liabilities and shall keep the Corporation fully indemnified in this regard at all times even after the termination/expiry of the contract or dissolution of the JV Company. In case the JV Company fails to compensate any liabilities arising out of its operations (incl. for the violations of applicable laws), the JV Partner shall be responsible for addressing all such liabilities, including but not limited to making any necessary payments as per applicable laws. The JV Partner shall keep the Corporation fully indemnified in this regard.

16. The Corporation is not liable in the event of non-compliance of any and all applicable laws by the JV Partner. The JV Partner shall be responsible for addressing all such liabilities, including but not limited to making any necessary payments as per applicable laws. The JV Partner shall keep the Corporation fully indemnified in this regard

17. The Corporation reserves right to inspect / audit the records / accounts of the JV Company whenever it feels necessary. The JVC and JV Partner shall be liable to provide Corporation the full access to all information, people, assets and processes including full access to digital data stored in computers, servers, cloud, etc. The JVC and JV Partner shall also be liable to submit to the Corporation on a regular basis details such as MIS, sales details, pricing as per the market price as established

of 78

scientifically through proper reports and/ or tender, any other sales and pricing related details etc.

18. The Corporation reserves the right to inspect the operations Granite Quarries whenever it feels necessary, wherein the JVC shall be liable to provide all information with respect to parameters related to operations of the project.

19. The JVC shall follow a well-established Sales Process to be developed and evolved in consultation with APMDC

20. The Joint -Venture Company shall employ and train mostly local talent. APMDC expects to maximize local employment generated from this project. The selected bidder shall employ local manpower for its requirement in this project, especially for diploma and supervisory level of work. However, the minimum percentage of local workers to be employed in the project shall be as per the below table or as per the applicable laws/regulation whichever higher:

Part of the project

Minimum Percentage of local workers out of total skilled +

unskilled workers

Raising of Black Galaxy Granite 50%

21. Deputation of Corporation Personnel: One officer from APMDC will be deputed to the JVC whose salary and fringe benefits would be borne by the JVC.

22. Compliance with Various Acts: The JVC shall strictly comply with all relevant acts and rules applicable.

23. Constitution of Board: The Corporation is entitled to nominate its officers on the Board of Directors in proportion to the share capital held by the Corporation, subject to a minimum of one Director. In witness thereof, I/we submit this Bid under and in accordance with the terms and conditions of the Bidding document and Appendix I.

Yours faithfully,

Date: (Signature of the Authorized signatory)

Place: (Name and designation of the of the Authorized signatory)

Name and seal of Bidder/Lead Firm

of 78

APPENDIX II – MODEL JV AGREEMENT

(PLEASE REFER TO THE MODEL JV AGREEMENT PROVIDED ALONG WITH THIS TENDER DOCUMENT. THE MODEL JV AGREEMENT AND IT’S CLAUSES, TERMS & CONDITIONS SHALL ALSO FORM A PART OF THIS TENDER DOCUMENT AND VICE-

VERSA)

of 78

APPENDIX III – DECLARATION <<On the letterhead of the Bidder>> (Refer Clauses 2.1.5 and 2.14)

Dated:

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

Sub: Bid for Development of Black Galaxy Granite Deposits at Block-B (18.07 Ha) along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District on Joint Venture Basis with APMDC

Dear Sir,

With reference to your RFP No. APMDC/BGG/BLOCK-B dated 01.04.2022, I/we, having examined the Bidding Documents and understood their contents, hereby submit my/our Bid for the aforesaid Project. The Bid is unconditional and unqualified.

1. All information provided in the Bid and in the Appendices is true and correct.

2. This statement is made for the express purpose of qualifying as a Bidder for the development of Black galaxy granite in the mining leases of APMDC in joint venture with APMDC.

3. I/ We shall make available to the Authority any additional information it may find necessary or require supplementing or authenticate the Bid.

4. I/ We acknowledge the right of the Authority to reject our Bid without assigning any reason or otherwise and hereby waive our right to challenge the same on any account whatsoever.

5. We certify that in the last three years, we have neither failed to perform on any contract, as evidenced by imposition of a penalty or a judicial pronouncement or arbitration award, nor been expelled from any project or contract nor have had any contract terminated for breach on our part.

6. I/ We declare that:

(a) I/ We have examined and have no reservations to the Bidding Documents, including any Addendum issued by the Authority.

(b) I/ We do not have any conflict of interest in accordance with Clauses 2.1.12 and 2.1.13 of the RFP document;

(c) I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,

of 78

undesirable practice or restrictive practice, as defined in Clause 3.5.3 of the RFP document, in respect of any tender or request for proposal issued by or any agreement entered into with the Authority or any other public sector enterprise or any government, Central or State; and

(d) I/ We hereby certify that we have taken steps to ensure that in conformity with the provisions of Clause 3.5 of the RFP, 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.

7. I/ We understand that you may cancel the Bidding 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 for the Project, without incurring any liability to the Bidders, in accordance with Clause 3.7.2 of the RFP document.

8. I/ We certify that in regard to matters other than security and integrity of the country, we have not been convicted by a Court of Law or indicted or adverse orders passed by a regulatory authority which could cast a doubt on our ability to undertake the Project or which relates to a grave offence that outrages the moral sense of the community.

9. I/ We further certify that in regard to matters relating to security and integrity of the country, we have not been charge-sheeted by any agency of the Government or convicted by a Court of Law for any offence committed by us or by any of our Associates.

10. I/ We further certify that no investigation by a regulatory authority is pending either against us or against our Associates or against our CEO or any of our Directors/ Managers/ employees.

11. I/ We undertake that in case due to any change in facts or circumstances during the Bidding Process, we are attracted by the provisions of disqualification in terms of the guidelines referred to above, we shall intimate the Authority of the same immediately.

12. I/ We understand that the Selected Bidder shall either be an existing Company incorporated under the Indian Companies Act, 1956, or shall incorporate itself as such prior to execution of the JV Agreement.

13. I/We hereby irrevocably waive any right which we may have at any stage at law or howsoever otherwise arising to challenge or question any decision taken by the Authority in connection with the selection of the Bidder, or in connection with the Bidding Process itself, in respect of the above mentioned Project and the terms and implementation thereof.

14. In the event of I/Us being declared as the Selected Bidder, I/We agree to enter into a JV Agreement in accordance with the draft that has been provided to me/us prior to the Bid Due Date. We agree not to seek any changes in the aforesaid draft and

of 78

agree to abide by the same.

15. I/We have studied all the Bidding Documents carefully and also surveyed the Mining Lease Area. We understand that except to the extent as expressly set forth in the Joint Venture Term sheet, we shall have no claim, right or title arising out of any documents or information provided to us by the Authority or in respect of any matter arising out of or concerning or relating to the Bidding Process including the Letter of award.

16. The value has been quoted by me/us after taking into consideration all the terms and conditions stated in the RFP, draft JV Agreement, our own estimates of costs and after a careful assessment of the site and all the conditions that may affect the Bid.

17. I/We offer a Bid Security of INR 50,00,000/- (Indian Rupees Fifty Lakhs only) to the Authority in accordance with the RFP Document.

18. I/We agree and understand that the Bid is subject to the provisions of the Bidding Documents. In no case, I/We shall have any claim or right of whatsoever nature, if the Project / LOA is not awarded to me/us or our Bid is not opened.

19. I/We hereby submit our Bid for undertaking the aforesaid Project in accordance with the Bidding Documents and the JV Agreement.

20. I/We agree to keep this offer valid for 180 (one hundred and eighty) days from the Bid Due Date specified in the RFP.

21. I/We agree and undertake to abide by all the terms and conditions of the RFP document.

In witness thereof, I/we submit this Bid under and in accordance with the terms of the RFP document.

Yours faithfully,




of 78

APPENDIX IV - TEMPLATE FOR COMMERCIAL BID SUBMISSION <<On the letterhead of the Bidder>>

Consideration per CBM as per tender terms and conditions, exclusive of statutory levies, like Consideration to GoAP, Seigniorage fee, DMF, MERIT, Cess and GST etc.

Quotation in terms of

Seigniorage fee multiple

(not less than 1.0 x, and an incremental bid rate of 0.05x)

Yours faithfully,




of 78

APPENDIX V.A - FORMAT FOR FINANCIAL CAPABILITY <<On the letterhead of the Statutory Auditor/Independent Chartered Accountant >>

A. Annual Turnover in Rs. Crore (To Be Certified by Statutory Auditor of the Bidder /Independent Chartered Accountant)

Name of the Bidder

2018-19 2019-20 2020-21 Annual Average Turnover

B. Net-worth (In INR Crores) as on 31.03.2021 (To Be Certified by Statutory

Auditor of the Bidder /Independent Chartered Accountant) Name of the Bidder Net-worth as on date 31.03.2021 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)

Name of the Audit Firm/Chartered Accountant: Registration Number of the Audit Firm: UDIN: Seal of the Audit Firm:

(Signature, Name and Designation of the

Authorized Signatory)

Date:

Note:

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/Independent Chartered Accountant should certify the Net worth, Turnover tables as mentioned above in point a, b & c.

of 78

APPENDIX V.B - FORMAT FOR FINANCIAL CAPABILITY << In case of consortium, to be submitted on the letterhead of the Statutory Auditor of the

lead member/Independent Chartered Accountant >>

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

Name of the Bidder 2018-19 2019-20 2020-21 Average Bidder Name/Consortium Leader

Consortium Member 2 Consortium Member 3

B. Net-worth as on date 31.03.2021 (to be Certified by Statutory Auditor of the Lead

Member)- 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:

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/ Independent Chartered Accountant should certify the Net worth, Turnover tables

of 78

APPENDIX VI - FORMAT FOR TECHNICAL CAPABILITY <<On letter head of the Bidder>>

A. Details of Technical Capability - Experience

Sr. No.

Type of Mineral

Lease Extent

Address of the Lease Area

Date of Execution of Lease Deed/ Agreement

Date of Expiry of Lease Deed/

Agreement

Proof Submitted

(Lease Deed/ Agreement)

B. Details of Technical Capability - Experience

Sr. No.

Type of Mineral

Lease Extent/Contract Agreement/Govt.

Dept.

Address of the Lease Area

Granite/Hard Stone Excavated and Sold/ Executed in CBM

2019-20 2020-21 2021-22

C. Details of Technical Capability – Machinery

Sr. No.

Type of Vehicle

Purchase Invoice/Insurance Policy No. / Lease Deed

Date of Registration/

Insurance Policy / Lease Deed

Proof Submitted (Purchase Invoice/ Insurance policy/

Lease Deed)

Note: Add one row for each vehicle/equipment details as per the eligibility criteria

D. Details of Technical Capability – Manpower

Sr. No.

Name of Personnel

Designation Qualification Total years of Experience

Note: Kindly submit the detailed CV of all the personnel mentioned above.

of 78

APPENDIX VII.A - POWER OF ATTORNEY FOR SIGNING OF BID <<On the non-judicial stamp paper>>

Know all men by these presents, We, ________________________(name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorize Mr. / Ms. (Name), son/daughter/wife of ______________________and presently residing at___________________, who is presently employed with us 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 in response to tender no. APMDC/BGG/BLOCK-B dated. 01.04.2022 for the project for development of Black Galaxy Granite Deposit proposed or being developed by the APMDC Ltd. (the “Authority”) including but not limited to signing and submission of all applications, bids and other documents and writings, participate in bidders' and other conferences and providing information / responses to the Authority, representing us in all matters before the Authority, signing and execution of all contracts including the JV Agreement and undertakings consequent to acceptance of our bid, and generally dealing with the Authority in all matters in connection with or relating to or arising out of our bid for the said Project and/or upon award thereof to us and/or till the entering into of the JV Agreement with the Authority.

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

[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 __________, 2022.

For________________________

(Signature)

(Name, Title and Address)

Witnesses:

1.

of 78

2.

Accepted [Notarized]

(Signature)

(Name, Title and Address of the Attorney)

Notes:

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

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 legalized by the Indian Embassy and appropriately notarized 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 legalized by the Indian Embassy if it carries a conforming apostille certificate.

In case of Consortium, the lead member should be authorised by all the members of the Consortium to represent the consortium for the purpose of this bid and the lead member should in turn issue power of attorney to its authorised personnel

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

of 78

APPENDIX VII.B - POWER OF ATTORNEY (to authorize the lead member of the Consortium)

<<On the non-judicial stamp paper>>

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 _____________________, 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 _____________________, _____________________ 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 _____________________ 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 of the work] 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 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.

of 78

[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:

Signed by for and on behalf of Signed by for and on behalf of

[Signature]

[Signature]

[Designation] [Designation]

In the presence of

____________________

1)

In the presence of

____________________

1)

[Signature]

[Signature]

Signed by for and on behalf of

[Signature]

of 78

[Designation]

In the presence of

____________________

1)

[Signature]

(Signature, name, designation and address of 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

of 78

APPENDIX VIII.A - BANK GUARANTEE FOR PERFORMANCE SECURITY

Bank Guarantee No. ……………………………

Date ……………………………………………..

To:

APMDC Ltd.

Door No. 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 ‘APMDC’ or “Corporation” which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators and assigns) having entered into a Contract with M/s---------------- (Name of the selected bidder) having its registered office/Head Office at................................... [hereinafter referred to as the "JV Partner" which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators and permitted assigns] vide LOA No. …………. dated …………… for development of Black Galaxy Granite Deposits at Block-B (18.07 Ha) along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District on Joint Venture Basis and the JV PARTNER having agreed to provide a Contract Performance Bank Guarantee for the due performance of the entire Agreement for an amount equal to Indian Rs. _________________ initially be valid for a period of 1 (One) year from the date of issue of LOA, with a claim period of 1 (One) year from the date of expiry of its validity. The Performance Bank Guarantee shall be extended for every year at least 30 days before the expiration of its validity, till completion of the agreement period.

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 JV PARTNER to the extent of Rs. _________________ as aforesaid at any up to.……........@............. [days/month/year] without any demur, reservation, contest, recourse, or protest and/ or without any reference to the JV PARTNER. Any such demand made by APMDC on the Bank shall be conclusive and binding notwithstanding any difference between APMDC and the JV PARTNER or any dispute pending before any Court, Tribunal, Arbitrator, or any Government Authority. The Bank undertakes not to revoke this guarantee during its

of 78

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.

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 JV PARTNER. 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 JV PARTNER, 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 JV PARTNER 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 reorganization as the case may be of the Selected Bidder or the Bank.

Any notice by way of request, demand or otherwise hereunder shall be sufficiently given or made if addressed to the Bank and sent by courier or by registered mail to the Bank at the address set forth herein. We undertake to make the payment on receipt of your notice of claim on us addressed to [Name of Bank along with branch address – Details of Vijayawada Branch of the bank to be mentioned] and delivered at our above branch which shall be deemed to have been duly authorized to receive the said notice of claim.

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.

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 JV PARTNER and notwithstanding any security or other guarantee that APMDC may have in relation to JV PARTNER’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 JV PARTNER or the said Bank shall not discharge our liability hereunder.

Notwithstanding anything contained hereinabove our liability under this Guarantee is restricted to Indian _________________ and shall remain in force up to .……........@............. [days/month/year] and shall be extended from time to time for the period, as may be desired by M/s ........................... (the JV PARTNER) on whose behalf this guarantee has been given.

of 78

Dated this .........…………………. day of …….…............... 2022 ….... at …............

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

(Signature)

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

(Name)

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

(Designation with Bank Stamp)

Authorised Vide

Power of Attorney No................................

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

(#) Complete mailing address of the Head office of the Bank to be given

(@) The date shall be initially One year from the date of issue of LOA

1. 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.

2. 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.

3. The Bank Guarantee shall be from any Nationalized Bank/ Scheduled Commercial Bank, payable at Vijayawada

of 78

APPENDIX VIII.B- BANK GUARANTEE FOR PERFORMANCE SECURITY (In case of Consortium Bidding)

Bank Guarantee No. ……………………………

Date ……………………………………………..

To:

APMDC Ltd.

Door No. 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 ‘APMDC’ or “Corporation” 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 "JV Partner" 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 development of Black Galaxy Granite Deposits at Block-B (18.07 Ha.) along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District on Joint Venture Basis and the JV PARTNER having agreed to provide a Contract Performance Bank Guarantee for the due performance of the entire Agreement for an amount equal to Indian Rs. _________________ initially be valid for a period of 1 (One) year from the date of issue of LOA, with a claim period of 1 (One) year from the date of expiry of its validity. The Performance Bank Guarantee shall be extended for every year at least 30 days before the expiration of its validity, till completion of the agreement period.

We, ……………………………………………………. (Name & address of the Bank), having its Head Office at...........#.......... (hereinafter referred to as the "Bank" which expression

of 78

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 JV PARTNER to the extent of Rs. _________________ as aforesaid at any up to.……........@............. [days/month/year] without any demur, reservation, contest, recourse, or protest and/ or without any reference to the JV PARTNER. Any such demand made by APMDC on the Bank shall be conclusive and binding notwithstanding any difference between APMDC and the JV PARTNER 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.

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 JV PARTNER. 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 JV PARTNER, 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 JV PARTNER 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 reorganization 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 Registered (unlimited liability) partnership firm consequent upon its formation and incorporation by 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 JV PARTNER and notwithstanding any security or other guarantee that APMDC may have in relation to JV PARTNER’s liabilities.

of 78

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 JV PARTNER or the said Bank shall not discharge our liability hereunder.

Notwithstanding anything contained hereinabove our liability under this Guarantee is restricted to Indian _________________ and shall remain in force up to .……........@............. [days/month/year] and shall be extended from time to time for the period, as may be desired by M/s ........................... (the JV PARTNER) on whose behalf this guarantee has been given.

Dated this .........…………………. day of …….…............... 2022 ….... at …............

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

(Signature)

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

(Name)

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

(Designation with Bank Stamp)

Authorised Vide

Power of Attorney No................................

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

Note:

(#) Complete mailing address of the Head office of the Bank to be given

(@) The date shall be initially One year from the date of issue of LOA

1. 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

of 78

issuing the guarantee.

2. 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.

3. The Bank Guarantee shall be from any Nationalized Bank/ Scheduled Commercial

Bank, payable at Vijayawada

of 78

APPENDIX IX - 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.

6.

7.

8.

9.

10.

of 78

APPENDIX X - FORMAT FOR 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

[ ] 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)

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

of 78

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 undertake development of Black Galaxy Granite Deposits at Block-B (18.07 Ha.) along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District on Joint Venture Basis by appointing a Joint Venture Partner (JVP).

B. In order to meet the Technical and Financial Criteria set forth in the RFP documents, the Consortium has relied on the 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 JV Agreement to be signed with APMDC.

C. The Consortium Members now wish to enter into this COA in order to create binding obligations in favor 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 RFP and JV Agreement.

2. In the event of APMDC awarding the contract, to and in favor 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 firm incorporated pursuant to Cl. 4 of this COA, in the same manner and to the same extent as set forth in the JV Agreement. For the avoidance of doubt, it is clarified that:

a) any service by APMDC of a notice pursuant to terms of the JV Agreement shall be deemed to be services of notice to the Consortium Members, on a several bases

b) the Consortium Members hereby assume full responsibility and liability for the performance by the Consortium of obligations of Registered (unlimited liability) partnership firm in accordance with and subject to the terms of the JV Agreement read with this COA

c) the Consortium Members confirm that in the event the Consortium is successful in its bid, the consortium shall form a Joint Venture Company with APMDC by entering into a JV agreement and shall furnish the Contract Performance Guarantee from a Bank in favor of APMDC 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 firm in performing, meeting or otherwise complying with any of its obligations in accordance with the terms of the JV 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 firm, 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

of 78

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 any time any dispute before any court (whether in India or abroad), arbitration, claims, settlements, obligations, expert determination or similar proceedings under the JV Agreement between the Registered (unlimited liability) partnership firm 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 JV 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 firm under the JV Agreement and Consortium Members shall be jointly & severally responsible and liable to APMDC for performance of 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 COA that upon being determined as selected Bidder all the Consortium Members shall decide mutually the modalities for the development of Black Galaxy Granite Deposits at Block-B (18.07 Ha.) along Chimakurthy-Podili R&B Road at R.L. Puram (v), Chimakurthy (M), Prakasam District, through formation of a Registered (unlimited liability) partnership firm 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 firm and the other Consortium member shall have at least 20% of the total Paid up Share Capital to represent 100% of the contribution to the total Paid up Share Capital of the Registered (unlimited liability) partnership firm. The lead member of the Consortium shall continue to retain above minimum holding till complete term of the Contract.

5. Any further agreement that may be entered into amongst the Consortium Members with respect to the registered (unlimited liability) partnership firm shall not be contrary to or in conflict with the Consortium Operating Agreement (COA). The composition and percentage shareholding of equity of the Consortium Members in registered (unlimited liability) partnership firm shall be as declared in the Consortium Operating Agreement and no change in this regard shall be allowed till incorporation of the registered (unlimited liability) partnership firm.

of 78

6. 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 firm 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%)

7. The Consortium Members agree and undertake that the Consortium Members shall hold and own their shareholding as per the terms of RFP and JV Agreement during the term of Contract.

8. No change in the equity shareholding in the registered (unlimited liability) partnership firm shall be allowed till 85% of the reserves in the said Granite deposit are excavated. Post excavation of 85% of the reserves, the Consortium Leader shall have at least 51% of the total paid up share capital of the registered (unlimited liability) partnership firm till complete term of the Agreement. Provided further that no change in the shareholding of registered (unlimited liability) partnership firm shall be permissible without prior consent of APMDC. APMDC may grant such consent subject to the terms & conditions as it may deem fit.

9. It is further agreed between the Consortium Members that the responsibilities and obligations of each of the Member in the Consortium during Tendering Process and execution of the Contract shall be delineated and appended to this COA. 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.

10. 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 JV Agreement, or the insolvency, bankruptcy, reorganization, 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 defense 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 JV Agreement

c) shall not be affected by any failure by APMDC to pay or perform any of their obligations under the JV 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 JV Agreement; and

of 78

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 JV Agreement.

11. Each Consortium Member hereby represents and warrants that: a) in case the work is awarded, the COA is irrevocable by any one or all the members

together until 3 months after completion of contract period, unless written permission of the APMDC is given.

b) 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 3 months after the completion of the extended periods.

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

d) 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

e) 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

f) 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

g) 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;

12. 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 JV Agreement. The courts of the city where the head office of APMDC is situated shall have exclusive jurisdiction in all matters under this COA.

of 78

13. 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 JV 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 JV 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.

14. None of the Consortium Members shall assign or delegate its rights, duties or obligations under this COA and the JV Agreement in any manner whatsoever, except with prior written consent of APMDC.

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

16. We, the Consortium partners agree that this COA shall be irrevocable and shall form an integral part of the Contract. We further agree that this COA shall continue to be enforceable till the successful completion of Contract and till the APMDC discharges it.

17. We, the Consortium partners undertake that none of us are disqualified either by blacklisting in any government contract either by blacklisting in any government contract within India nor involved in any criminal cases and no insolvency or bankruptcy proceedings pending against us.

18. The terms and conditions of this COA shall not be amended or modified, except with prior written consent of APMDC.

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 Member 1/ Consortium Leader

On behalf of Consortium Member2)

Name: Designation: Name: Designation:

Common Seal of Consortium Member (1) Common Seal of Consortium Member (2)

Witness-1 Witness-1

Witness-2 Witness-2

of 78

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

of 78

APPENDIX XI – BIDDER DETAILS

(On letter head of the Bidder)

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 Certificate of Incorporation/Partnership Deed/MoA/ AoA/LLP Agreement/ notarized affidavit (whichever is applicable)

Names of Proprietor/ Partners/ Directors with Present & permanent address (whichever is applicable)

PAN of Bidder (copy to be enclosed)

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

GST Registration No. (copy to be enclosed)

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

Documents

Transcript of The A.P. Mineral Development Corporation Limited (A State ...