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E-Procurement Notice

NIT No- OMC/E-PROC/FE/8/2019 Dt 15.11.2019

1. Name of the work

Obtaining permission / NOC from the competent Authority for drawl / Consumption of requisite quantity of ground water for various Mining Leases of M/s. OMC Ltd.

2. Availability of bid document in Govt. portal 16.11.2019 to 07.12.2019

3. Last date of online submission of tender in portal

07.12.2019 upto 5.00 PM

4. Tender paper fee (including GST) Rs.5,900/- (Rupees Five Thousand Nine hundred) only through online as available in www.tendersodisha.gov.in.

5. Submission of EMD

Rs.60,000/- (Rupees Sixty Thousand) only through online as available in www.tendersodisha.gov.in.

6. Date of opening of Techno- commercial Bid 09.12.2019 at 11.00 AM

All other details can be seen from the tender document available at Govt. web site www.tendersodisha.gov.in & in OMC website www.omcltd.in

OMC reserves the right to reject any or all tenders without assigning any reason thereof.

Head (F&E)

Odisha Mining Corporation Ltd. (A Gold Category State PSU)

Registered Office: OMC House, Bhubaneswar-751001, Odisha Tel: 0674-2377509/2377488

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NOTICE INVITING E‐TENDER

NIT No- OMC/E-PROC/FE/8/2019 Dt. 15.11.2019

The Odisha Mining Corporation Ltd. invites tender online through e‐procurement portal of Govt. of Odisha, for obtaining permission / NOC from the competent Authority for drawl / Consumption of requisite quantity of ground water for various Mining Leases of M/s. OMC Ltd.

1. Bid document consisting of technical specifications, price bid, terms and conditions of DTCN and other necessary documents together with procedure for online bidding can be seen in the website www.tendersodisha.gov.in & OMC website www.omcltd.in.

2. The bid documents will be available in the website www.tendersodisha.gov.in from dt. 16.11.2019 to 5.00 PM of dt. 07.12.2019 for online bidding.

3. The bidder must possess compatible & valid Digital Signature Certificate (DSC) of Class‐II or Class‐III.

4. Bids shall be received “online” only on or before 5.00 P.M. of dt. 07.12.2019.

5. Bidders have to pay online Tender paper fee for Rs. 5,900/- (Rupees Five thousand nine hundred) only as available in www.tendersodisha.gov.in except those exempted.

6. Bidders have to pay online EMD for Rs. 60,000/- (Rupees Sixty thousand) only as available in www.tendersodisha.gov.in except those exempted.

7. Bids received on line shall be opened at 11.00 AM on dt. 09.12.2019 at Material Section, OMC House, Bhubaneswar. Bidders who participate in the bid can witness the opening of bids after logging on to the site through their DSC. If the stipulated date of opening of bids (technical) is declared Government holiday, the bids will be opened on the next working day at the same time and venue.

8. Time period for obtaining permission / NOC from the competent Authority for drawl / Consumption of requisite quantity of ground water for various Mining Leases of M/s. OMC Ltd. shall be completed as per completion Clause no‐(1) of DTCN.

9. Other details can be seen in the bid document.

10. OMC reserves the right to cancel any or all bids without assigning any reasons thereof.

11. Addendum/Corrigendum, if any, will be hosted in the website only.

HEAD (F&E)

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CHAPTER ‐1

DETAIL TENDER CALL NOTICE (DTCN)

INTRODUCTION, BIDDING SCHEDULE, SITE VISIT

1.1 INTRODUCTION:

The Odisha Mining Corporation Ltd. invites tender for obtaining permission / NOC from the competent Authority for drawl / Consumption of requisite quantity of ground water for various Mining Leases of M/s. OMC Ltd.

(NO CONDITIONAL TENDER SHALL BE ACCEPTED)

Sl. No. Name of the Lease Details of Proposed work

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Dubna Sakradihi Iron & Mn. Ore Mines

Obtaining permission / NOC from the competent Authority for drawl / Consumption of requisite quantity of ground water for various Mining Leases of M/s. OMC Ltd.

2 Khandabandha Iron Ore Mines

3 Tiringpahar Iron Ore Mines

4 BPJ Iron Ore Mines

5 Gandhamardan Iron Ore Mines

6 Kurmitar Iron Ore Mines

7 Kaliapani Chromite Ore Mines

1.2BIDDING SCHEDULE:

1. Intended completion period/Time period to obtain permission / NOC from the competent Authority for drawl / Consumption of requisite quantity of ground water for various Mining Leases of M/s. OMC Ltd.

06 months (180 days)

2. Last Date & time of submission of Bid Time: 5.00 P.M. Date: 07.12.2019

3 Tender paper fee (including GST)

Rs.5,900/- (Rupees Five Thousand Nine hundred) only

4. EMD Rs.60, 000/‐(Rupees Sixty thousand) only

5. Bid validity period (Clause No.5.2(i), 6.1 (n) of DTCN)

06 months (180 days) from the date of opening of techno-commercial bid.

6. Currency of Contract Indian Rupees

7. Language of Contract English

8. Date of opening of Technical bid Dt. 09.12.2019 at 11.00 A.M.

9. Date of opening of Price bid To be informed to the qualified bidders.

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1.3 SITE VISIT

The bidder, at its own responsibility, cost and risk, is advised to visit and examine the Site of Works and its surroundings and obtain all information that may be necessary for preparing the bid and entering into a contract for the works. It shall be deemed that, the bidder has visited the site/area and got fully acquainted with the working conditions, ground condition and other prevalent conditions and fluctuations thereto whether he actually visits the site/area or not and has taken all the factors into account while quoting his rates and prices and further undertake not to claim any revision of price upward.

The intending bidders may contact following official with regard to the site visit.

Mines Manager, Dubna Sakradihi Iron & Mn. Ore Mines (Contact No‐9438045844). Mines Manager, Khandabandha Iron Ore Mines (Contact No-9437448486). Mines Manager, Tiringpahar Iron Ore Mines (Contact No-9437448486). Mines Manager, BPJ Iron Ore Mines (Contact No-8342807077). Mines Manager, Gandhamardan Iron Ore Mines (Contact No-8456076681). Mines Manager, Kurmitar Iron Ore Mines (Contact No-9437388351). Mines Manager, Kaliapani Chromite Ore Mines (Contact No-9437574940).

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INSTRUCTION TO THE TENDERERS FOR E‐PROCUREMENT

1. Bid documents laying out qualification information and eligibility criteria of bidders and other details are available in the website tendersodisha.gov.in and omcltd.in

2. PARTICIPATING IN THE BID IN THE E‐PROCUREMENT PORTAL: The bidders intending to participate in the bid is required to register in the Portal with some information about the firm. This is a onetime activity for registering in Portal. During registration, the bidders have to attach a Digital Signature Certificate (DSC) to his /her unique user ID. The DSC used must be of appropriate class (Class II or Class III) issued from a registered Certifying Authority such as n‐Code, Sify, TCS, MTNL, e‐Mudhra etc.

3. Bidder has to submit the relevant information as asked for about the firm. The portal registration of the bidder/firm is to be authenticated by the State Procurement Cell.

4. To log on to the portal, the bidder is required to type his/her username and password. The system will again ask to select the DSC and confirm it with the password of DSC. For each login, a user’s DSC will be validated against its date of validity and also against the Certificate Revocation List (CRL) of respective CAs stored in system database. The system checks the unique ID, password and DSC combination and authenticates the login process for use of portal.

5. The tender documents uploaded by the Tender Inviting Officer in the website tendersodisha.gov.in will appear in the “Latest Active Tender” Section of the homepage. Only a small notification will be published in the newspaper along with mention of the specific website for details. The publication of the tender will be for specific period of time till the last date of submission of bids as mentioned in the ‘Invitation for Bid’ after which the same will be removed from the list of active tenders. Any bidder can view or down load the bid documents from the website.

6. Standard procedure to uploading tender:

6.1 First download the bid. Read all terms & conditions carefully. Scan all marked pages of the tender form & documents as per eligibility criteria and check list of the tender schedule.

6.2 The bidder shall go through the bid carefully and list the documents those are asked for submission. He shall prepare all documents, declaration form, price bid etc. and upload the same online before bid submission closing date and time.

6.3 Upload the bid in PDF format only. The scan copy of all marked pages required to be scanned and uploaded in PDF format as mentioned in Check list & eligibility criteria of tender schedule.

7. Bid cannot be submitted after due date and time. The bidder should ensure correctness of the bid prior to uploading and take print out of the system generated summary of submission to confirm successful uploading of bid. The bids cannot be opened even by the OIT or the Procurement Officer/ Publisher/ Opener before the due date and time of opening.

8. Each process in the e‐procurement is time stamped and the system can detect the time of login of each user including the bidder.

9. The bidder should ensure clarity/legibility of the document uploaded by him to the portal.

10. The bidder should check the system generated confirmation statement on the status of the submission.

11. The bidder should upload sufficiently ahead of the bid closure time to avoid traffic rush and failure in the network.

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12. For all purpose, the server time displayed in the e‐procurement portal shall be the time to be followed by all the users. 13. The Tender Inviting Officer is not responsible for any failure, malfunction or breakdown of the electronic system used during the e‐procurement process.

14. Procedure of bid submission using electronic payment of EMD by bidder.

i. The bidders have to logon to the Odisha e-procurement portal (tendersodisha.gov.in)

using his/her digital signature certificate and then search and then select the required

active tender from ‘Search Active Tender” option. Now, submit button can be clicked

against the selected tender so that it comes to the “My Tenders” section.

ii. The bidders have to upload the required Prequalification/Technical/Financial bid, as

mentioned in the bidding document.

iii. Then the bidders have to select and submit the bank name as available in the payment

options.

iv. A bidder shall make electronic payment using his/her internet banking enabled account

with designated Banks or their aggregator banks.

v. A bidder having account in other Banks can make payment using NEFT/RTGS facility of

designated Banks.

vi. Online NEFT/RTGS payment using internet banking of the Bank in which the bidder holds

his account, by adding the account number as mentioned in the challan as an interbank

beneficiary.

vii. Only after receipt of intimation at the e-procurement portal regarding successful

transaction by bidder the system will activate the ‘Freeze Bid Submission’ button to

conclude the bid submission process.

viii. System will generate an acknowledgement receipt for successful bid submission. The

bidder should make a note of ‘Bid ID’ generated in the acknowledgement receipt for

tracking their bid status.

15. Only those bidders who successfully remit their Earnest Money Deposit (EMD) on submission

of bids would be eligible to participate on the tender/bid process. The bidders with pending or

failure payment status shall not be able to submit their bid. Tender Inviting Authority, State

Procurement Cell, NIC, and the designated Banks shall not be held responsible for such pendency

or failure.

16. Designated Banks (SBI/ICICI/HDFC Bank) payment gateway are being integrated with e-

Procurement Portal of Government of Odisha (tendersodisha.gov.in)

17. SIGNING OF BID: The 'online bidder' shall digitally sign on all statements, documents, certificates uploaded by him, owning responsibility for their correctness/ authenticity as per IT ACT 2000. If any of the information furnished by the bidder is found to be false/fabricated /bogus, his EMD/Bid Security shall stand forfeited & his registration in the portal shall be blocked and the bidder is liable to be blacklisted.

18. SECURITY OF BID SUBMISSION: All bid uploaded by the bidder to the portal will be encrypted.

19. RESUBMISSION AND WITHDRAWAL OF BIDS:

19.1 Resubmission of bid by the bidders for any number of times before the final date and time of submission is allowed.

19.2 Resubmission of bid shall require uploading of all documents including price bid afresh. If the bidder fails to submit his modified bids within the pre‐defined time of receipt, the

system shall consider only the last bid submitted.

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CHAPTER‐2

SUBMISSION OF TENDER, AVAILABILITY

2.1 SUBMISSION OF TENDER

The tender shall be submitted ONLINE in double cover system as mentioned below.

(i) Cover‐I (Technical bid) is to contain scanned copy of bid declaration form along with other documents establishing bidder’s eligibility and qualification as contained in Clause‐ 4.1 (eligibility criteria) of DTCN.

(ii) Cover‐II (Financial bid) is to contain the price bid is to be downloaded duly filled in and submitted online.

The tender should be addressed to: HEAD (F&E)

THE ODISHA MINING CORPORATION LIMITED, 4TH FLOOR, BOYAN BHAWAN, PANDIT JAWAHARLAL NEHRU MARG, BHUBANESWAR– 751 001, ODISHA.

2.2 SOURCE, AVAILABILITY OF TENDER.

The tender paper is to be downloaded from our web site i.e www.omcltd.in & from 16.11.2019. The last date of receipt of the tender is 07.12.2019 up to 5.00P.M., which shall be opened on 09.12.2019 at 11.00 AM in the presence of the bidder or their authorized representative.

There will be no manual sale of the tender paper.

UPDATES ON THE TENDER: The participating bidders are required to visit the www.tendersodisha.gov.in &

www.omcltd.in web site for updated information on existing tender.

2.3 PROCEDURE, DATE, TIME AND PLACE FOR SUBMISSION OF THE BID. The financial instrument (EMD) should be deposited online within the stipulated date and

time, except those exempted.

2.4 DATE, TIME AND PLACE OF OPENING OF THE BID.

The techno‐commercial bids shall be opened on dtd. 09.12.2019 at 11.00 AM in presence of the bidders or their duly authorized representatives, at Head office, OMC but their absence shall not be bar on opening of the tender at the time fixed there for.

2.5 EVALUATION OF TECHNO‐COMMERCIAL BIDS

The techno‐commercial bids shall be evaluated by a committee. After evaluation, the price bid of the techno‐commercially qualified bidders only shall be opened in the presence of the eligible bidders or their authorized representatives, on the scheduled date which will be intimated separately. The techno-commercially qualified bidders, quoting the lowest price of the contract i.e for obtaining permission / NOC from the competent Authority for drawl / Consumption of requisite quantity of ground water for various Mining Leases of M/s. OMC Ltd. shall be treated as the preferred bidder.

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CHAPTER‐3

COST OF EMD/SECURITY DEPOSIT

3.1 COST OF EMD:

Cost of EMD= Rs.60,000 (Rupees Sixty Thousand)

The bidder should follow the instructions for online payment available in the e-procurement portal during processing of tender.

i) Amount towards EMD on submission of bids shall be collected in a separate pooling account of Focal Point Branch called e-FPB of respective designated banks at Bhubaneswar and the banks will remit the amount to respective bidder’s account on receipt of instruction from Tender Inviting Authority through refund and settlement of e-procurement system within two working days from receipt of such instruction.

ii) In case the EMD on submission of bid is forfeited, the e-Procurement portal will direct the Bank to transfer the EMD value from the pooling Account of State Procurement Cell to the registered account of the tender inviting authority.

iii) Bank will refund the tender EMD to the bidder, in case the tender is cancelled before opening of the Bid as per direction received from Tender Inviting Authority through e-procurement system.

iv) In case of exemption of EMD, the scanned copy of document in support of exemption will have to be uploaded by the bidder during bid submission. EMD furnished by all unsuccessful bidders will be refunded through online. If the bidder withdraws or amends, impairs or derogates from the tender in any respect within the period of validity of its tender or award of contract, the EMD will be forfeited.

v) Exemption of EMD shall be allowed to the bidders eligible for such exemption as approved or permitted by the Odisha State Government. For such exemption, the bidder has to furnish the documentary evidence along with the Bid.

vi) The bidders being MSME registered with Odisha State Government will be exempted from depositing EMD. The bidders in support of being MSME registered must have to submit authenticated Govt. purchase enlistment certificate. The same shall be uploaded in techno-commercial bid.

vii) EMD of the L-1 bidder shall be returned after issue of agreement/contract and submission of Security Deposit as mentioned in clause 3.2

3.2 INITIAL SECURITY DEPOSIT:

a. ISD @ 5%of the awarded work value shall be deposited by the Bidder at Head Office of OMC.

Once the work order is issued in favour of the Bidder, the agreement shall be executed at Head Office valid for a contract period of 06 months for obtaining permission / NOC from the competent Authority for drawl / Consumption of requisite quantity of ground water for various Mining Leases of M/s. OMC Ltd. The bidder can receive the work order in soft copy from OMC for transferring the same in a stamp paper with appropriate value in Agreement form.

b. Once the LoI/work order is issued to the successful bidder(s), the required ISD shall be deposited by the Bidder within 15 (fifteen) days of issue of LoI / work order for drawal of agreement;

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(i) in shape of Demand Drafts/Pay Orders drawn in favour of “The Odisha Mining Corporation Limited”, payable at Bhubaneswar, on any scheduled/Nationalized Bank, or,

(ii) in form of Bank Guarantee issued by any Nationalized/Scheduled Commercial Bank in favor of OMC Limited. The BG should be operable and invocable in any Branch of the issuing Bank at Bhubaneswar. The BG should be valid until two months of the expiry date of the contract period. If the contract period is extended, the bidder shall extend the validity of BG till such extended period at its own cost. In case of default by the Bidder, OMC shall have the right to invoke the BG.

C. The agreement shall be executed within 7 days of payment of ISD to OMC. Unless the ISD is deposited with in the above time period, the LOI shall stand automatically cancelled and EMD as well as value of work done shall be forfeited.

d. The said ISD will be retained till the final closure of the contract and shall be released after 30 days from the release of the final payment of the concluding time of work, at H.O., OMC.

e. No interest shall accrue on the ISD deposited.

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CHAPTER‐4

ELIGIBILITY CRITERIA

4.1 ELIGIBILITY CRITERIA OF BIDDERS The bidder shall fulfill the following eligibility criteria:-

a. The bidder must be a company as defined in the companies Act, 2013 or a LLP registered under LLP Act or a registered partnership firm and submit the documents such as Certificate of Incorporation in case the Bidder is a company/LLP, Partnership deed & Firm registration certificate in case of partnership Firm.

b. The bidder should have experience in processing and obtaining NOC for drawl of ground water from competent authority. The documentary proof of experience along with satisfactory work completion certificate in support of the same to be enclosed. The documentary proof of satisfactory work completion, certificate in support of the same shall be uploaded in techno-commercial bid.

c. The bidder should not have been technically disqualified to any earlier similar type of bid by Central/State/Private Companies of repute. Undertaking in this respect should be enclosed as per format enclosed as Annexure-A.

d. The Agency should have its (i) GST Registration, (ii) Provident Fund Registration and (iii) Permanent Account Number. Copy of GSTIN, EPF registration certificate and PAN to be attached.

e. The bidder should download the tender document and submit with due signature on all pages by the authorized signatory of the bidder. The authorization letter by bidder for nominated authorized signatory be submitted.

f. The bidder should submit copy of income tax return for any three out of the last four Assessment years i.e. 2016-17, 2017-18, 2018-19 or 2019-20.

g. The Bidder should have an annual average turnover of Rs.1.00 crore during the preceding three financial years, i.e., 2016-17, 2017-18 & 2018-19. Copy of audited annual accounts or audited Balance sheet & Profit & Loss Account to be submitted.

h. Incomplete Applications shall be summarily rejected.

4.2 CLARIFICATION OF BIDS

To assist in the examination, evaluation and comparison of bids, the OMC may at its

discretion, ask any bidder for clarification on the bidder’s bid, including break‐up of unit rates. The request for clarification and the response shall be in writing.

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CHAPTER‐5

SCOPE OF COMPLETION PERIOD

5.1 BROAD SCOPE OF WORK a) To obtain permission/NOC from Central Ground Water Board (CGWA), Govt. of India to

draw and use Ground water for its mining leases listed at Annexure-D (enclosed). The quantity of ground water over which the permission is required from competent Government authorities is indicated against each mines listed at Annexure -D. Pursuance of proposals at CGWB and CGWA level shall be done by the bidder.

b) Preparation of Hydrogeological report of the Mining lease area and its surrounding buffer zone. Details of mine de-watering part (if required).

c) If the aspects of dewatering of mine pit water arise, the requisite application for permission to dewater ground water should be prepared for onward submission by OMC to CGWB, Bhubaneswar.

d) Chapter on ‘Details of the constructive utilization of dewatering component including usage under CSR Activities’ to be included in the Hydrogeological report. Detailed study on the ground water regime including ground water modeling for lease area.

e) Rain Water Harvesting Report to be prepared by the bidder including master layout plan for different kind of structures proposed and expected quantum of recharge, if required.

f) Assist OMC in filing online Application in the web portal http://cgwa-noc.gov.in g) Submission of aforementioned draft reports for vetting by OMC. h) Submission of report finalized by OMC to CGWB for approval. i) The agency should establish a network of observation wells (to be plotted on a map of

1:50000 scale) within the 10 KM radius of buffer zone (of respective mining leases of OMC) and get it vetted and submit to OMC.

5.2 VALIDITY OF TENDER & PERIOD OF CONTRACT:

i) The tender schedule/document shall be valid for a period of 180 days from the date of opening of technical Bid.

ii) The bidder shall have to complete the total work within 180 Days from the date of issue of LOI/Work order whichever is earlier.

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CHAPTER‐6

TERMS & CONDITIONS

6.1 TERMS & CONDITIONS (a) OMC shall allow the Agency to refer the EIA/EMP report of the respective mining project

(Enclosed at Annexure-D), if available.

(b) OMC shall allow the Agency to visit the site.

(c) The work order issued by OMC is to be accepted by the Bidder within 3 (three) days of receipt from OMC. Bidder should sign a copy of work order as a token of acceptance and return it to OMC for record within three days from the date of receipt of the order.

(d) The Bidder shall also receive the work order in soft copy for transferring the same in a stamp paper with appropriate value in Agreement form.

(e) The Bidder after accepting the work order shall have to commence the work within 20 days from receipt of the work order.

(f) OMC reserves the right to terminate the work order / Agreement at any point of time, if the progress of the work is not found satisfactory. Such termination shall be final and binding upon the Bidder and cannot be questioned in any Court of Law.

(g) In case of any dispute arising out of this contract, the MD/Chairman, OMC shall settle the same and the decision made shall be final and binding on the Bidder.

(h) The bidder fulfilling the eligibility criteria, as referred in Clause No. 4.1, shall qualify the technical bid and shall be eligible to participate in the price bid. The criteria for selection of L1 bidder shall solely depend on the lowest price offered by the bidder as per the prescribed format enclosed with the price bid (Annexure –C).

(i) In case the Bidder fails to initiate the work and expresses its inability to continue the work to OMC, then the awarded contract to the Bidder shall be terminated with forfeiture of EMD/ISD and the same work shall be awarded to the other Bidder i.e. L-2 bidder but on acceptance of already awarded L-1 price, subject to deposit of EMD of ₹ 60,000.00.

(j) For any justified reason the time of extension of work contract can be decided by MD/Chairman, OMC only.

(k) OMC shall not take any responsibility for any damage or loss of life of any employee of the Bidder during execution of the work, the responsibility for the same shall be of the bidder.

(l) Any new condition (s), which is not mentioned in this tender, if stipulated by any statutory authority and required to be complied/ implemented, OMC can negotiate with the Bidder to provide the said work under mutually agreed terms & conditions and negotiated work value.

(m) The Bidder should produce the progress report for the activities undertaken at site to the Head, F&E Department, OMC Ltd., Bhubaneswar with a copy to the concerned Mines Manager.

(n) The Bid shall be valid for a period of 180 days from the date of opening of Technical Bid.

(o) The bidder shall visit the site at its own cost. (p) The bidder should download the tender document and submit with due signature on all

pages by the authorized signatory of the bidder in the Technical bid. (q) Incomplete applications will be summarily rejected.

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6.2 CO-ORDINATION OF WORK

The concerned Regional Manager/Mines Manager/ of Dubna Sakradihi,

Khandbandh, Tiringpahar, BPJ, Gandhamardan, Kurmitar and Kaliapani mines will co-ordinate the work at site. It is the responsibility of the Bidder to execute the work strictly as per the CGWA guidelines and in accordance with the instructions of concerned Head (F&E)/Regional Manager/Mines Manager.

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CHAPTER‐7

PAYMENT TERMS, TAXES & DUTIES

7.1 ASSIST OMC IN OBTAINING PERMISSION / NOC FROM THE COMPETENT AUTHORITY

FOR DRAWL / CONSUMPTION OF REQUISITE QUANTITY OF GROUND WATER FOR

VARIOUS MINING LEASES OF M/s. OMC LTD.

(a) 100% of the total work value will be released after obtaining NOC from CGWA for

individual mines (as at Annexure-C).

(b) Income Tax as per Income Tax Act, 1961 & GST-TDS as per GST Act, 2017 shall be

deducted at source from each running bill as per rule.

(c) OMC will pay the GST as applicable along with each bill on submission of Bill as per

Rule 46 of CGST rules.

(d) The bills in triplicate in respect of above works are to be submitted to the Head, F&E

Department, OMC Ltd., Bhubaneswar.

(e) The payment will be released at HO (mine-wise) on recommendation of the Head,

F&E Department, OMC Ltd., Bhubaneswar, subject to obtaining NOC from CGWA.

(f) The payment shall be made to the Bidder by account payee cheque /RTGS facility.

The Bidder should submit its Bank details for such financial transaction as per format

attached at Annexure-B.

7.2 INDIRECT & DIRECT TAXES 7.2.1 Indirect Taxes (GST): 1) The Successful Bidder should have registration under GST Acts. 2) The Successful Bidder has to raise Invoice as required under section 31 of the GST Act

and relevant Rules made there under. The Invoice should be “TAX INVOICE” & Original for Buyer” to be mentioned on the Invoice submitted to OMC.

3) The Invoice should contain the particulars as required in GST Acts & rules including the following as required under Rule 46 of CGST Rules;

a) Name, address and Goods and Services Tax Identification Number of the Supplier; b) A consecutive serial number not exceeding sixteen characters, in one or multiple

series, containing alphabets or numerals or special characters- hyphen or dash and slash symbolised as “-” and “/” respectively, and any combination thereof, unique for a financial year;

c) Date of its issue; d) Name, address and Goods and Services Tax Identification Number or Unique

Identity Number, if registered, of the recipient;

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e) Harmonised System of Nomenclature code (HSN) for goods or Service Accounting Code (SAC) for services;

f) Description of goods or services; g) Quantity in case of goods and unit or Unique Quantity Code thereof; h) Total value of supply of goods or services or both; i) Taxable value of the supply of goods or services or both taking into account

discount or abatement, if any; j) Rate of tax (Central tax, State tax, Integrated tax, Union territory tax or Cess); k) Amount of tax charged in respect of taxable goods or services (Central tax, State

tax, Integrated tax, Union territory tax or Cess); l) Place of supply along with the name of the State, in the case of a supply in the

course of Inter-State Trade or Commerce; m) Address of delivery where the same is different from the place of supply; n) Whether the tax is payable on reverse charge basis; and o) Signature or digital signature of the supplier or his authorised representative.

4) The Successful Bidder shall file the GST Returns as required in the GST Acts, and details of Invoice submitted to OMC and GST amount charged thereon must reflect in Form GSTR-2A within a reasonable time, so as to make OMC enable to take Input Tax Credit (ITC) of the GST amount paid against those Bills.

5) If due to any reason attributable to the Successful Bidder, Input credit of the GST amount paid on Invoices raised by the Successful Bidder is not available to OMC/denied by the dept. then the same will be recovered from the dues of the Successful Bidder or the Successful Bidder has to deposit an equivalent amount.

6) The Successful Bidder has to comply with all the Provisions of GST Acts, Rules and Notifications issued there under.

7) The Successful Bidder hereby undertakes to indemnify OMC, from any liabilities arising in future due to non-compliance by the Successful Bidder of the GST Acts, Rules and any other Acts currently in force and applicable to the Successful Bidder in relation to the job assigned to the Successful Bidder by OMC.

7.2.2 Direct Taxes: TDS as applicable under Income Tax Act, 1961 on the bill value excluding GST amount shall be deducted from each bill and deposited with the Income Tax authority. Certificate of deduction of Income Tax shall be issued in Form-16A as per Income Tax Act, 1961.

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CHAPTER‐8

PENALTY CLAUSE

8.1 PENALTY

a. If the Bidder does not start the work within 20 days from receipt of the Work order, EMD

deposited for the work shall be forfeited. b. If this work is not completed within the contractual period the total EMD/ISD (as available

with OMC) shall be forfeited by terminating the contract. c. For the failure to start or to complete the work which is beyond the control of the Agency

the penalty can be waived by MD/ Chairman, OMC on receipt of request from Agency and recommendation of the Head, F&E.

d. If the agency does not show satisfactory performance then it shall not be permitted to participate in any of the similar tender for these mines.

9. RIGHT TO RISK PURCHASE:

If the Agency fails to fulfill the terms and conditions of the order, OMC shall have the right to

procure the materials / services from any other party for execution / completion of the contract

and recover from the Agency all charges/ expenses / losses / damages suffered by OMC, at the

risk and cost of the Agency after giving 15 days’ notice to the Agency. This will be without

prejudice to the rights of OMC for any other action including termination.

17

CHAPTER‐10

DISPUTE RESOLUTION, FORCE MAJEURE, JURISIDICTION

10.1 FORCE MAJEURE:

Either party shall be relieved of its obligations and responsibilities under

this contract if the performance of this contract is wholly or partially prevented and/or delayed by act of GOD and any other causes beyond the control of either party such as fire, flood, strike, lockout, riot or civil commotion, epidemic, war and acts of Government etc. Either party shall promptly give notice to the other party of any force majeure event affecting its obligations under this contract along with documentary evidence from any competent authority connected with the cause. If such notice is given, the obligations and responsibilities of the party giving notice as well as the corresponding obligation and responsibilities of the other party shall be relieved to the extent made necessary by and during the continuance of force majeure.

10.2 DISPUTE RESOLUTION:

If any dispute or difference arises out of this contract in course of the execution of this work or within 3 months of the completion thereof the same shall be decided by the Civil Court of competent jurisdiction situated at Bhubaneswar.

Signature of the Bidder Head (F&E)

18

ANNEXURE‐A

DECLARATION

(In non-judicial stamp paper)

Sub: Tender No:

I/We confirm that I/we have fully read and understood all the details mentioned in the tender document NIT No. & all corrigendum/ addendum issued, if any I/We accept all terms and conditions mentioned in the tender schedule and I/We declare that I/We have not been Black listed within a period of three preceding years from publication of this NIT by any competent court of Law, Forum or any State Govt. or statutory entities. If at any stage the declaration/information/scanned documents furnished in support of the same in respect of eligibility criteria/black listing etc found to be incorrect, I/We hereby agree to be treated as disqualified bidder and I/We shall have no right to claim for consideration of my/our bid at any stage and the money deposited in form of EMD/S.D. shall be forfeited or as decided by OMC. I/We hereby also agree that we have not been technically disqualified to any earlier similar type of bid by Central/State/Private Companies of repute.

Signature of the Bidder with Seal

19

ANNEXURE-B

MANDATE FORM (FOR ENABLING E‐PAYMENT) (Preferably in payee's Letter Head)

TO

THE ODISHA MINING CORPORATION LIMITED, OMC HOUSE; P.B. NO‐34, UNIT‐5, BHUBANESWAR PIN‐751001, ODISHA

Sub: Mandate for getting payment through electronic mode i.e.EFT/NEFT/RTGS

Dear Sir, We are hereby giving our consent to get all our payments due from The Odisha Mining

Corporation Ltd. through electronic mode i.e. EFT/NEFT/RTGS. We also agree to bear all the bank charges payable in this regard. (Please furnish the information in capital letter)

1. Name of the Vendor

2. Address of the Vendor PIN Code

IT PAN

E‐mail ld Mobile No

Phone FAX No

3. Bank Particulars:

Bank Name

Branch Name

Branch Place

Account No.

Account Type Saving/Current/Cash Credit Branch State

RTGS Enable Yes/No NEFT Enabled Yes/No Core‐Bank Enabled *

Yes/No

Branch Code MICR Code IFSC Code

* In case of Vendors having Bank account in Andhra Bank

We hereby declare that the particulars furnished are correct & complete. If any transaction is delayed or not effected for incomplete/incorrect information/any other technical reasons, we will not hold The OMC Ltd. responsible.

Date: Signature of the Party with seal

Certified that the Bank Particulars furnished are correct as per our record.

Date: Signature of the Party with seal

4. Effective Date

20

Annexure-C

Item Wise BoQ

Tender Inviting Authority: Head (F&E)

Name of Work: Assist OMC in obtaining permission / NOC from the competent Authority for drawl / Consumption of requisite quantity of ground water for various Mining Leases of M/s. OMC Ltd.

Contract No: NIT No- OMC/E-PROC/FE/8/2019

Name of the Bidder/ Bidding Firm / Company :

PRICE SCHEDULE (DOMESTIC TENDERS - RATES ARE TO GIVEN IN RUPEES (INR) ONLY)

(This BOQ template must not be modified/replaced by the bidder and the same should be uploaded after filling the relevant columns, else the bidder is liable to be rejected for this tender. Bidders are allowed to enter the Bidder Name and Values only )

NUMBER # TEXT # TEXT # NUMBER # TEXT # NUMBER # NUMBER NUMBER # TEXT #

Sl. No.

Item Description HSN / SAC CODE Quantity Units BASIC RATE In Figures To be

entered by the Bidder in

INR

GST (CGST/ SGST/

ISGT) Amount in

INR

TOTAL AMOUNT

With Taxes in

INR

TOTAL AMOUNT In Words

1 2 3 4 5 7 9 14 15

1.0 NOC for Dubna Sakradihi Iron & Mn. Ore Mines Enter SAC CODE 1

2.0 NOC for Khandabandha Iron Ore Mines Enter SAC CODE 1

3.0 NOC for Tiringpahar Iron Ore Mines Enter SAC CODE 1

4.0 NOC for BPJ Iron Ore Mines

Enter SAC CODE 1

Validate Print Help

21

5.0 NOC for Gandhamardan Iron Ore Mines Enter SAC CODE 1

6.0 NOC for Kurmitar Iron Ore Mines Enter SAC CODE 1

7.0 NOC for Kaliapani Chromite Ore Mines Enter SAC CODE 1

Total in Figures

Quoted Rate in Words

22

Annexure-D

Sl. No.

Name of the lease District Requirement of Ground water in

m3/day Remarks

A B C D E

1 Dubna Sakradihi Iron & Mn. Ore Mines

Keonjhar

159

2 Khandabandha Iron Ore Mines 65

3 Tiringpahar Iron Ore Mines 55

4 BPJ Iron Ore Mines 50

5 Gandhamardan Iron Ore Mines 960

6 Kurmitar Iron Ore Mines Sundargarh 50

7 Kaliapani Chromite Ore Mines Jajpur 435

NOC obtained for 85m3/day