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NEYVELI LIGNITE CORPORATION LIMITEDNEYVELI, TAMILNADU

INDIA

GLOBAL EXPRESSION OF INTEREST (EOI) TENDER

FOR SELECTION OF MINE DEVELOPER CUM OPERATOR (MDO)

PHASE-I

FOR PACHWARA SOUTH COAL BLOCK

DUMKA DISTRICT OF JHARKHAND STATE

ON

TURNKEY BASIS

TENDER No. CO CONTS/0005C/MDO-Ph1/PACHWARA SOUTH /2015 Dt. 11.03.2015

Last Date & Time for receipt of Bids : 07.05.2015 @ 14.30 Hrs. (IST)

Date & Time of Bid Opening (PART-I) : 07.05.2015 @ 15.00 Hrs.(IST)

Telephone No. 04142 – 252210, 252215 & 251620 E. Mail: gmconts_co@nlcindia.com Telefax: 04142 – 252645 / 252646 / 252026 cgmconts_co@nlcindia.com cgmconts_co@rediffmail.com cgmconts@yahoo.co.in

Registered Office: 135 E.V.R. Periyar Road, Kilpauk, Chennai-600 010

Web site: www.nlcindia.com

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TABLE OF CONTENTS

SECTION DESCRIPTION PAGE NO.

SECTION - A NOTICE INVITING BID 03

SECTION - B INSTRUCTIONS TO BIDDERS 09

SECTION - C GENERAL COMMERCIAL CONDITIONS OF CONTRACT

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SECTION - D FORMAT OF GUARANTEES 48

SECTION - E FORMAT OF SCHEDULE OF DEVIATIONS

60

SECTION - F TECHNICAL SPECIFICATION 63

SECTION - G SCHEDULE OF PRICES 78

SECTION - H FORMAT OF CONTRACT AGREEMENT 84

SECTION - I BID FORM 87

SECTION - J INTEGRITY PACT 91

SECTION - K QUESTIONNAIRE ON COMMERCIAL POINTS TO BE ANSWERED BY THE BIDDER.

97

SECTION - L BIDDER’S EXPERIENCE 101

SECTION - M FORMAT OF DEED OF UNDERTAKING BY THE CONSORTIUM PARTNER ALONG WITH THE CONTRACTOR

103

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SECTION-A

NOTICE INVITING BID

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(Brief) NEYVELI LIGNITE CORPORATION LIMITED

(A Navratna Government of India Enterprise) OFFICE OF THE GENERAL MANAGER / CONTRACTS

CORPORATE OFFICE, NEYVELI – 607 801

NOTICE INVITING BIDS GLOBAL EXPRESSION OF INTEREST (EOI) TENDER

1.0 M/s Neyveli Lignite Corporation Limited, Neyveli, a NAVRATNA Government of

India Enterprise registered under Indian Companies Act, 1956, hereinafter referred to as NLC or Client on behalf of Neyveli Uttar Pradesh Power Limited (NUPPL) invites bids in English, one original and its six copies from technically and financially sound Bidders from India and abroad with relevant experience in Coal Mining, for the Work “Phase 1 – DGPS Survey, Detailed Exploration, Preparation of Reports such as FR, Mining Plan, EIA/EMP, SIA & obtaining Pre-Development clearance for Pachwara South Coal Block, Dumka District of Jharkand State”

Tender No. CO CONTS./0005C/MDO–Ph1/PACHWARA SOUTH/2015, Dt.11.03.2015

1. Price of Tender Document Rs.10,000/- or USD 159 or Euro 149 2. Bid Guarantee Amount (EMD) Rs.14,00,000/- or USD 22313 or Euro 20865 3. Tender document Sale Period From 10.00 hrs on 18.03.2015 to 17.00 hrs on

06.05.2015

4. Last Date & Time for receipt of bids Upto 14.30 hrs (IST) on 07.05.2015

5. Date & Time of Bid opening Part – I At 15.00 hrs (IST) on 07.05.2015

6. Pre-Bid Conference On 16.04.2015 at 11.00 hrs. (IST)

For further details such as Qualifying Requirements, Detailed scope of work etc., please visit our website: www.nlcindia.com / CPP Portal (www.eprocure.gov.in).or contact the General Manager / Contracts, Corporate Office, Neyveli Lignite Corporation Limited, Neyveli-607801, Cuddalore District, Tamil Nadu, India. Telephone No. : 04142-252210, 252215 & 251620 Fax No. 91-04142-252026, 252645/252646

Tender document can be had from the above address on payment of cost of tender document by DD drawn in favour of Neyveli Lignite Corporation Limited, Neyveli payable at Neyveli or NEFT/RTGS mode to NLC’s Account No.10895129204 Beneficiary Name: NLC Ltd., Estt. A/c in State Bank of India, Branch: Neyveli Main (IFS Code No. SBIN0000958). The Tender document may also be downloaded from NLC web site/ CPP Portal during tender document sale period.

GENERAL MANAGER/CONTRACTS.

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(Web) NEYVELI LIGNITE CORPORATION LIMITED

(A Navratna Government of India Enterprise) OFFICE OF THE GENERAL MANAGER / CONTRACTS

CORPORATE OFFICE, NEYVELI – 607 801 NOTICE INVITING BID

GLOBAL EXPRESSION OF INTEREST (EOI) TENDER 1.0 M/s Neyveli Lignite Corporation Limited, Neyveli, a NAVRATNA Government of

India Enterprise registered under Indian Companies Act, 1956, hereinafter referred to as NLC or Client on behalf of Neyveli Uttar Pradesh Power Limited (NUPPL) invites bids in English, one original and its six copies from technically and financially sound Bidders from India and abroad with relevant experience in Coal Mining, for the Work “Phase 1 – DGPS Survey, Detailed Exploration, Preparation of Reports such as FR, Mining Plan, EIA/EMP, SIA & obtaining Pre-Development clearance for Pachwara South Coal Block, Dumka District of Jharkand State”

1.1 Tender No.CO CONTS/0005C/MDO–Ph1/PACHWARA SOUTH/2015 Dt.11.03.2015 1.2 SCOPE OF WORK

The scope of work covered under this “WORK” consist of activities such as carrying out DGPS Survey, Detailed Exploration, Preparation of Geological Report, Feasibility Report, Mining Plan, EIA/EMP Report, carrying out additional studies like Hydro-Geological studies, SIA studies etc. and obtaining all statutory clearances from the State/Central Governments for opening the mine. The detailed scope of work is covered in Section-F of Tender Document.

Ministry of Coal (MOC) has allocated Pachwara South Coal Block in Jharkhand State to NUPPL for the end use plant at Ghatampur, Uttar Pradesh. (3 X 660 MW)

1.3 Price of Tender Document Rs.10,000/- or USD 159 or Euro 149 1.4 Bid Guarantee Amount (EMD) Rs.14,00,000/- or USD 22313 or Euro 20865 1.5 Tender document Sale Period From 10.00 hrs. on 18.03.2015 to 17.00 hrs.

on 06.05.2015 1.6 Last Date & Time for receipt of bids Upto 14.30 hrs. (IST) on 07.05.2015

1.7 Date & Time of Bid opening Part – I At 15.00 hrs. (IST) on 07.05.2015

1.8 Pre-Bid Conference* On 16.04.2015 at 11.00 hrs. (IST)

*The points for discussion may be furnished in advance both in hard and soft copy to the undersigned and also to the below E-mail ID for clarification IMPORTANT NOTE:

Contract will be given to Phase I Contractor for the phase II activities, if 1. Their quoted rate is within 110% of the lowest offer in phase II tender 2. There is no delay in achieving the milestone targets of Phase I activities,

scheduled upto the point of time of tender opening for phase II contract, or extension of time has been granted by NLC for the Phase I activities.

3. All other terms being equal and 4. The phase I contractor agrees to match with the lowest offer of the Phase II tender.

In case of non-matching, the contract will be awarded to the lowest bidder.

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Note: i) For further details such as Qualifying Requirements, Detailed scope of work etc., please visit our website: www.nlcindia.com / CPP Portal (www.eprocure.gov.in) or contact the General Manager / Contracts, Corporate Office, Neyveli Lignite Corporation Limited, Neyveli-607801, Cuddalore District, Tamil Nadu, India. Telephone No. : 04142-252210 252215 & 251620 Fax No. 91-04142-252026, 252645/252646 E-mail: gmconts_co@nlcindia.com

cgmconts_co@nlcindia.com cgmconts_co@rediffmail.com cgmconts_co@yahoo.co.in

ii) The Tender documents can be had from the above address on payment of cost of tender documents by Demand Draft (DD) drawn in favour of Neyveli Lignite Corporation Limited (NLC) and payable at Neyveli or through NEFT/RTGS mode to NLC’s Account No.10895129204, Beneficiary Name: NLC Ltd., Estt.A/c in State Bank of India, Branch: Neyveli Main (IFS Code No. SBIN0000958).

iii) The Tender documents may also be downloaded from NLC website www.nlcindia.com / CPP Portal (www.eprocure.gov.in) during tender document sale period. In such case, the cost of tender document shall be paid by way of DD drawn in favour of NLC Limited, Neyveli, payable at Neyveli or NEFT/RTGS mode to NLC’s Account No.10895129204, Beneficiary Name: NLC Ltd., Estt. A/c in State Bank of India, Branch: Neyveli Main (IFS Code No. SBIN0000958) and the DD / the remittance details with UTR No. shall be furnished along with the bid in Part I failing which the offer shall be rejected. The Bidder is to note that the Bank Commission charges will be to the account of the bidder and the net amount transferred to NLC’s account shall be equal to the cost of the Tender document.

iv) Amendments / Errata / Corrigendum / Clarifications if any issued for the tender shall form part

of the tender document. Amendments / Errata / Corrigendum / Clarifications will also be posted

in NLC’s website. Firms are requested to visit NLC’s website/ CPP Portal and note the Amendments / Errata / Corrigendum / Clarifications before submission of offer. Any ignorance on the part of the firms in not seeing the website will not be an excuse. NLC is not responsible if any Bidder omits to notice any Amendments / Errata / Corrigendum / Clarifications. The Amendments / Errata / Corrigendum / Clarifications will be numbered consecutively. The bidders are requested to sign all the Amendments / Errata / Corrigendum / Clarifications issued for the tender and enclose along with the bid as these form part and parcel of tender document.

2.0 QUALIFYING REQUIREMENTS: 2.1 The bidder

(a) Should have drilled 6000 meters in one or more coal/lignite in a year and prepared geological report for the same block/deposit. Out of the 6000 meters drilling in a year, at least 10% quantity of drilling i.e 600 meters should be more than the depth of 300 meters. and (b) Should have prepared Feasibility Reports (or) prepared Mining Plans for a coal/lignite mine of Capacity of 4 Million Tonnes Per Annum (MTPA) (from one or more mines) with a minimum of 2 MTPA capacity from at least one coal/lignite mine. Mining Plan should have been approved by Ministry of coal.

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2.2 A bidder who does not meet the above qualifying requirement as cited in 2.1 (a) and (b) combined can also participate, if he has experience of either 2.1 (a) or 2.1 (b). In such case, if the aforesaid bidder has relevant experience as cited in 2.1 (a), he shall form a consortium with a firm who has the relevant experience as cited in 2.1 (b) or vice versa. The bidder should furnish a valid Consortium Agreement between the bidder and the consortium partner that fully meets the qualifying requirements stipulated as in Clause-2.1(a) and (b) above respectively.

Note: In such a case as in Clause 2.2 above, the bidder shall along with the bid furnish a letter of consent/Expression of Intentions signed jointly with the consortium partner for undertaking the work jointly for the successful performance and completion of the contract. If the bidder becomes successful, prior to the issue of LOA, he has to furnish a Joint Deed of Undertaking executed with the consortium partners as the case may be in the format prescribed by NUPPL, for under taking the work jointly and for the successful performance and completion of the contract and it should be kept valid till the completion of all the obligations under this contract in which the consortium partner and the bidder are jointly and severally liable to perform all the contractual obligations. In case of award, the consortium partner will also be required to furnish back up guarantee in the form of bank guarantee, for 5% of the contract value in addition to the 10% of the total contract price as contract performance guarantee by the bidder and should be kept valid till the completion of all the obligations under this contract.

2.3 The bidder shall have positive net worth as per their latest audited financial statements

individually. The consortium partner shall also have the same, as the case may be. 2.4 Average Annual Turnover of the Bidder or the combined average annual Turnover of

the consortium partners shall be more than Rs.4.00 Crores or equivalent foreign currency in the last three consecutive financial years as on the original schedule date of EOI opening.

3.0 TIME SCHEDULE:

3.1 The subject work shall be completed in all respects by 39 Months as per the Time Schedule indicated in SECTION-C, Clause 3.0 of Tender Document

4.0 SUBMISSION OF BID AND OPENING:

Bids duly signed in all pages with date are to be submitted in TWO PARTS IN SEPARATE SEALED COVERS clearly mentioning the Part No., Bid reference No. on top of the each cover as follows:

Part I Form of Bid (Part-I), Bid guarantee, Technical and commercial aspects and

Part II –Form of bid (Part-II) & PRICES ONLY (price schedule)

and should be addressed to the General Manager / Contracts, Corporate Office, Block-1, Neyveli Lignite Corporation Limited, Neyveli-607801, Tamil Nadu, India.

5.0 SPECIAL NOTE AND INFORMATION REGARDING THE TENDER 5.1

a) The Tender Documents (Non-Transferable) can be had from the General Manager /Contracts, Corporate Office, Neyveli Lignite Corporation Limited, Neyveli-607 801, Tamil Nadu, India on payment either by crossed Demand Draft drawn in favour of Neyveli Lignite Corporation Limited, payable at Neyveli or Banker’s Cheque or on remitting payment to NLC’s Account No.10895129204 Beneficiary

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Name: NLC Ltd., Estt. A/c in State Bank of India, Branch: Neyveli Main (IFS Code No. SBIN0000958) through RTGS / NEFT and by indicating the UTR No.

b) The Tender documents can also be downloaded from NLC website www.nlcindia.com / CPP Portal (www.eprocure.gov.in) during tender document sale period and the cost of tender document shall be paid through (i) crossed Demand Draft drawn in favour of Neyveli Lignite Corporation Limited, payable at Neyveli, and shall be enclosed in Part I bid or (ii) RTGS / NEFT and the UTR No. shall be indicated in the Part – I bid.

c) No other mode of payment will be accepted. 5.2 The remittance and forwarding letter should bear Tender Reference No. and be

addressed to Accounts Manager, F&A Branch, Corporate Office, Neyveli-607 801 with a copy marked to the General Manager / Contracts, Corporate Office, Neyveli Lignite Corporation Limited, Neyveli-607 801, Cuddalore District, Tamil Nadu, India.

5.3 Accredited agent/Representative of Foreign Bidder in India is also permitted to

purchase the tender document on behalf of the Foreign Bidder by furnishing authorisation letter from their Foreign Bidder. However, the offer will be accepted only from the Foreign bidder on whose name the tender document are purchased.

5.4 All other terms and conditions along with technical details, regarding Qualifying

requirements, Time schedule, validity of Bid and Instruction to Bidders, etc. are contained in Tender documents.

5.5 Any offer received after the expiry of the time specified for receiving the offers is

liable for rejection. 5.6 Issuance of tender documents does not mean that the bid/offer of such Bidder would be

automatically considered. 5.7 NLC reserves the right to reject any bid or all bids received at its discretion without

assigning any reason what so ever. 5.8 Consortium partner of a bidder for this tender cannot be a bidder for this tender. 5.9 NLC shall not be responsible for any delay, loss or non-receipt of the Tender

document, any letter or Bid which is sent through post/courier either way. 5.10 The bidders have the option of sending the bid by registered post or courier or

submitting in person. Bids submitted by Fax/Email will not be accepted. The Purchaser shall not entertain any request by the Bidder to collect the bid proposals from airlines or cargo agents etc.

5.11 Bids must be received by the Purchaser at the address specified not later than the time and date specified in the Invitation to the Bid.

5.12 Request for issue of Tender Documents received after the last date of sale of tender

document will not be considered even if the demand draft is dated on or before the last date of sale of tender document.

GENERAL MANAGER/ CONTRACTS.

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SECTION-B

INSTRUCTIONS TO BIDDERS

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SECTION - B

NUPPL - PACHWARA SOUTH COAL BLOCK DUMKA DISTRICT OF JHARKAND STATE

TENDER NO : CO. Conts./0005C/MDO–Ph 1/PACHWARA SOUTH/2015,

Dt. 11.03.2015

1.0 NLC OVERVIEW

1.1 Neyveli Lignite Corporation Limited (NLC), a Navratna Government of India Enterprise, functioning under the administrative control of Ministry of Coal is an integrated complex involving in Lignite Mining and Thermal Power Generation. NLC operates four lignite mines of total capacity 30.6 Million Tonnes per annum (MTPA) and four Thermal Power Stations of total capacity of 2740 MW including Barsingsar (Rajasthan) Mine Project of capacity 2.1 MTPA linked with Thermal Power Station of capacity 2 X 125 MW.

1.2 The following Lignite based projects at Neyveli are under execution viz., Thermal

Power Station II expansion of capacity 2 x 250 MW, New Neyveli Thermal Power Station 2x 500 MW. In addition NLC is also implementing a coal based Thermal Power Project of capacity ( 2 x 500 MW) called NLC Tamil Nadu Power Limited (NTPL) at Tuticorin, Tamil Nadu, as a joint venture between NLC Limited (NLC) and Tamil Nadu Generation and Distribution Company (TANGEDCO). Further 51 MW Wind Power Project and 10 MW Solar Power Project are under execution. NLC with its excellent performance, figures among the top profit making Public Sector Undertaking. For more details, Kindly visit NLC’s Web site: www.nlcindia.com

2.0 NUPPL OVERVIEW

NEYVELI UTTAR PRADESH POWER LIMITED (NUPPL), a Joint Venture between Neyveli Lignite Corporation Ltd. (NLC), and Uttar Pradesh Rajya Vidyut Utpadan Nigam Limited (UPRVUNL) in the ratio of 51:49. The project is for the installation of three numbers super critical units of 660 MW each in the first phase at Ghatampur Tehsil in Uttar Pradesh.

2.1 Ministry of Coal (MoC) has allocated Pachwara South Coal Block in Jharkhand State to NUPPL with a Geological Reserve of 279 MT on 25/07/2013 for the end use plant at Ghatampur, Uttar Pradesh.(3 X 660 MW)

3.0 INTENT OF NUPPL

M/s Neyveli Lignite Corporation Limited, Neyveli, on behalf of Neyveli Uttar Pradesh Power Limited (NUPPL) invites bids in English, one original and its six copies from technically and financially sound Bidders from India and abroad with relevant experience in Coal Mining, for the Work “Phase 1 – Detailed Exploration, DGPS Survey, Preparation of Reports such as FR, Mining Plan, EIA/EMP SIA & obtaining Pre-Development clearance for Pachwara South Coal Block, Dumka District of Jharkand State.”

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4.0 SCOPE OF WORK

The scope of work covered under this “WORK” is for Phase 1 – Consisting of activities such as carry out DGPS Survey, Detailed Exploration, Preparation of Reports such as FR, Mining Plan, EIA/EMP SIA & obtaining Pre-Development clearance for Pachwara South Coal Block, Dumka District of Jharkand State” The detailed scope of work is covered in Section-F.

4.1 The subject work shall be completed in all respects as per the Time Schedule indicated

in SECTION-C, Clause 3.0. 4.2 Price of Tender Document Rs.10,000/- or USD 159 or Euro 149 4.3 Bid Guarantee Amount (EMD) Rs.14,00,000/- or USD 22313 or Euro 20865 4.4 Tender document Sale Period From 10.00 hrs on 18.03.2015 to 17.00 hrs

on 06.05.2015 4.5 Last Date & Time for receipt of bids Upto 14.30 hrs (IST) on 07.05.2015

4.6 Date & Time of Bid opening Part – I At 15.00 hrs (IST) on 07.05.2015

4.7 Pre-Bid Conference* On 16.04.2015 at 11.00 hrs. (IST)

*The points for discussion may be furnished in advance both in hard and soft copy to the undersigned and also to the below E-mail ID for clarification

Note: (a) For further details such as Qualifying Requirements, Detailed scope of work etc., please

visit our website:www.nlcindia.com / CPP Portal (www.eprocure.gov.in). or contact the Chief General Manager/Contracts, Corporate Office, Neyveli Lignite Corporation Limited, Neyveli-607801, Cuddalore District, Tamil Nadu, India.

Telephone No. : 04142-252210, 252215 & 251620

Fax No. 91-04142-252026, 252645/252646 E-mail: gmconts_co@nlcindia.com

cgmconts_co@nlcindia.com cgmconts_co@rediffmail.com cgmconts_co@yahoo.co.in

(b) The Tender documents can be had from the above address on payment of cost of tender

documents by DD drawn in favour of NLC Limited payable at Neyveli. The Tender documents may also be downloaded from NLC website www.nlcindia.com/ CPP Portal (www.eprocure.gov.in) during tender document sale period. In such case, the cost of tender document shall be paid by way of DD drawn in favour of NLC Limited, Neyveli, payable at Neyveli or NEFT/RTGS mode to NLC’s Account No.10895129204 Beneficiary Name: NLC Ltd., Estt. A/c in State Bank of India, Branch: Neyveli Main (IFS Code No. SBIN0000958) and the DD / the remittance details with UTR No. shall be furnished along with the bid in Part I failing which the offer shall be rejected. The Bidder is to note that the Bank Commission charges will be to the account of the bidder and the net amount transferred to NLC’s account shall be equal to the cost of the Tender document.

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(c) Amendments / Errata / Corrigendum / Clarifications if any issued for the tender shall form part of the tender document. Amendments / Errata / Corrigendum / Clarifications will also be posted in NLC’s website. Firms are requested to visit NLC’s website/ CPP Portal and note the Amendments / Errata / Corrigendum / Clarifications before submission of offer. Any ignorance on the part of the firms in not seeing the website will not be an excuse. NLC is not responsible if any Bidder omits to notice any Amendments / Errata / Corrigendum / Clarifications. The Amendments / Errata / Corrigendum / Clarifications will be numbered consecutively. The bidders are requested to sign all the Amendments / Errata / Corrigendum / Clarifications issued for the tender and enclose along with the bid as these form part and parcel of tender document.

5.0 QUALIFYING REQUIREMENTS FOR THE BIDDERS: 5.1 The bidder

(a) Should have drilled 6000 meters in one or more coal/lignite in a year and prepared geological report for the same block/deposit. Out of the 6000 meters drilling in a year, at least 10% quantity of drilling i.e 600 meters should be more than the depth of 300 meters.

and (b) Should have prepared Feasibility Reports (or) prepared Mining Plans for a coal/lignite

mine of Capacity of 4 Million Tonnes Per Annum (MTPA) (from one or more mines) with a minimum of 2 MTPA capacity from at least one coal/lignite mine. Mining Plan should have been approved by Ministry of coal.

5.2 A bidder who does not meet the above qualifying requirement as cited in 5.1 (a) and (b) combined can also participate, if he has experience of either 5.1 (a) or 5.1 (b). In such case, if the aforesaid bidder has relevant experience as cited in 5.1 (a), he shall form a consortium with a firm who has the relevant experience as cited in 5.1 (b) or vice versa. The bidder should furnish a valid Consortium Agreement between the bidder and the consortium partner that fully meets the qualifying requirements stipulated as in Clause-5.1(a) and (b) above respectively.

Note: In such a case as in Clause 5.2 above, the bidder shall along with the bid furnish a

letter of consent/Expression of Intentions signed jointly with the consortium partner for undertaking the work jointly for the successful performance and completion of the contract. If the bidder becomes successful, prior to the issue of LOA, he has to furnish a Joint Deed of Undertaking executed with the consortium partners as the case may be in the format prescribed by NUPPL, for under taking the work jointly and for the successful performance and completion of the contract and it should be kept valid till the completion of all the obligations under this contract in which the consortium partner and the bidder are jointly and severally liable to perform all the contractual obligations. In case of award, the consortium partner will also be required to furnish back up guarantee in the form of bank guarantee, for 5% of the contract value in addition to the 10% of the total contract price as contract performance guarantee by the bidder and should be kept valid till the completion of all the obligations under this contract.

5.3 The bidder shall have positive net worth as per their latest audited financial statements

individually. The consortium partner shall also have the same, as the case may be. 5.4 Average Annual Turnover of the Bidder or the combined average annual Turnover of the

consortium partners shall be more than Rs.4.00 Crores or equivalent foreign currency in the last three consecutive financial years as on the original schedule date of EOI opening.

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6.0 DOCUMENTS TO BE SUBMITTED BY THE BIDDERS • Performance and Completion Certificates as per the QR requirements mentioned

above in Sec.5.0. • Details of their Name, Address, email-id, website details, Phone and Fax numbers. • All relevant company details along with details of previous experience in the field

of open cast & underground coal block development. • The audited Annual Report for the last 3 years. • Any other details including technical and financial reports, presentations, synopsis,

detailed reports of plants and machineries, and other relevant information may be submitted as additional information.

7.0 TENDER DOCUMENTS This tender document contains:

SECTION A : Notice Inviting Bid SECTION B : Invitation to Bid SECTION C : General Commercial Conditions of Contract SECTION D : Format of Guarantees SECTION E : Format of Schedule of Deviations SECTION F : Technical Specification SECTION G : Format for Schedule of Prices SECTION H : Format of Contract Agreement SECTION I : Bid form SECTION J : Integrity Pact SECTION K : Questionnaire on commercial points to be answered by the Bidder SECTION L : Bidder’s Experience SECTION M : Format of Deed of Undertaking by the Consortium Partner

along with the Contractor 7.1 BID SUBMISSION AND OPENING 7.1.1 Proposal in TWO PARTS IN SEPARATE SEALED COVERS and Cost of Tender

document are to be submitted as follows: (i) Part-I shall contain cost of Tender Document, “Bid Guarantee” and “Technical

& Commercial aspects” and (ii) Part –II shall contain “Prices” only (Price Schedule).

These covers should be pasted properly before sealing. These two covers should be put in another sealed cover. The Outer Cover, Part I cover and Part II cover shall be Super scribed with Tender Name, Tender reference including number, Bidder’s details. Any Bid without the details as above are liable for rejection. Corrigendums / Amendments/ Errata / Clarifications, if any issued for this tender shall form part and parcel of the tender document and the bidders have to visit NLC’s website www.nlcindia.com/ CPP Portal (www.eprocure.gov.in) for issue of any such Corrigendums / Amendments/ Errata / Clarifications. NLC is not responsible for ignorance of such amendments.

Any offer received after the expiry of the time specified for receiving the completed bids will be rejected. Issuance of Tender Specification will not be construed to mean that such bidders would be automatically considered.

The last date for receipt of the bids is 07.05.2015 Bids will be received upto 14.30

hours (IST) and Part-I shall be opened on the same day at 15.00 hours (IST). Bids received in incomplete shape shall be summarily rejected. No extension of time shall be permitted for the bid submission and opening date.

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7.1.2 Neyveli Lignite Corporation Limited takes no responsibility for delay, loss or non-

receipt of any letters/documents sent by post either way and also reserves the right to reject any bid in part or in full without assigning any reason therefor.

7.1.3 The bids submitted by Tele-Fax or E-mail will not be accepted. The Bidders shall

submit the bids in the following manner: 7.2.0 PART-I : SCOPE AND COMMERCIAL ASPECTS

This shall be furnished in a separate sealed cover super-scribing the tender number, date of opening and full address of the Bidder distinctly on the top and shall be marked as PART-I. This shall contain full details of the scope offered, drawings, pamphlets etc., and deviation schedules to Scope of work and Commercial conditions (SECTION-E). The bidder shall enclose the duly filled in “Bid form” as per the format given in SECTION -I

7.2.1 Bid Guarantee for Rs.14,00,000/- (Rupees Fourteen Lakhs only) or

USD 22313 or Euro 20865 in the form of DD/ Bankers’ Cheque drawn in favour of “Neyveli Lignite Corporation Limited, Neyveli” payable at Neyveli or Bank Guarantee (BG) from a Scheduled Commercial Bank in India other than Bank of China on a non-judicial stamp paper of value Rs. 80/- shall be enclosed in Part – I of the bid. The stamp paper shall be purchased in the name of the Bank shall be enclosed in Part-I of the bid. Offers without Bid guarantees shall be summarily rejected. Bid guarantee shall be valid for 10 months (Ten months) from the date of opening of Part-I bids. Bid guarantee shall be in the format given in SECTION ‘D’. No interest shall be paid on Bid Guarantee amount. The bank guarantee issued by Bank of China will not be accepted.

7.2.2 The amount of Bid Guarantee may also be remitted through RTGS / NEFT mode and

the UTR No. may be indicated in the tender document. The Bank commission charges will be to the account of the bidder. The remittance details shall be clearly indicated by the bidder in their offer and the qualification of the bidder is subject to receipt of amount of Bid Guarantee stipulated in the tender.

7.2.3 The Bid Guarantee can also be in the form of an Irrevocable Bank Guarantee from any

Scheduled Commercial Bank in India authorized by RBI, other than Bank of China. 7.2.4 The Bid Guarantee submitted in any manner shall not bear any interest. 7.2.5 The Bid Guarantee shall be forfeited if:

(A) the bid has been unilaterally revoked/revised/modified/withdrawn before expiry of bid validity period, by the Bidder(s): or

(B) the price(s) have been unilaterally increased or altered after the bid opening and during validity of the offer, by the Bidder; or

(C) In case, any certificate submitted by the Bidder(s) is found to be not genuine, or forged / bogus,

(D) On issue of LOA by NLC to the bidder, the bidder has omitted or refused to accept the said LOA within the stated period and or execute the Contract Agreement within the period specified,

(E) the bidder, after issue of LOA omitted or failed to submit Bank Guarantee towards Contract Performance within the period specified.

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7.2.6 Without prejudice to any other remedies available at law,

(i) in the event of any of the contingencies mentioned in Clause 7.2.5 (A) to (C) , NLC shall have the right at their discretion, to reject the bid without notice to the bidder(s).

(ii) in the event of the contingency mentioned in Clause 7.2.5. (D) & (E), NLC shall have the right to cancel the LOA/Contract, without notice to the bidder(s).

(iii) in addition to (i) and (ii) above, NLC shall also have the right to debar the defaulting bidder(s) for a period to be specified, from participating in any of their tenders and the decision of NLC in this regard shall be final and binding on the bidder(s).

7.2.7 Return of Bid Guarantee:

i) For bidders not short listed: For Bidders who are not short listed, the bid guarantee shall be returned within

15 days from the date of receipt of approval of short listing on Qualifying Requirements/Techno-Commercial evaluation by NLC.

ii) For unsuccessful Bidders: For unsuccessful bidders, the bid guarantee shall be returned to such Bidders

within 15 days from the date of approval for placement of order on the successful bidder(s).

iii) For successful Bidder: For successful bidder, the Bid Guarantee shall be returned to such Bidder

within 15 days from the date of acceptance of Bank Guarantee for Contract Performance or faithful Performance.

(iv) The bid guarantee furnished in the form of Demand Draft/Banker’s Cheque/NEFT/RTGS mode shall be refunded by means of e-payment and if it is in the form of Bank Guarantee it shall be discharged. If any Bidder does not agree to extend the validity of Bid and requests for the return of the Bid Guarantee, then it shall be returned. In all these transactions, the Documents shall be sent by Registered post /Speed Post.

7.2.8 The Bid and other documents shall be submitted only by the bidder on whose name the

tender documents have been issued. 7.2.9 All Bank Guarantees except bid guarantee, are to be furnished directly by the Banker to

NLC either by RPAD / Speed Post / Courier.

7.3.0 PART-II : PRICES ONLY (BID FORM AND PRICE SCHEDULES) 7.3.1 This part shall contain prices only. This shall be furnished in the “Schedule of Prices”

as per format enclosed (SECTION-G) and submitted in a separate sealed cover indicating the tender enquiry number, date of opening and full address of the Bidder and super-scribing clearly as “PART-II - Price Cover” at the top. This shall contain the Schedule of Prices and Bid Form as per the Format given in SECTIONS G & I duly filled in by the Bidder.

7.3.2 On the date and at the time of opening, Part-I of the Bid will be opened and read out.

Part-II of the bid (PRICES) will be lodged and opening of the same will be intimated separately to bidder(s) who have been shortlisted techno-commercially.

7.3.3 Schedule of Prices shall not be enclosed to Part-I. However, copy of Schedule Un Priced as per SECTION-G with the word “Quoted” in lieu of price shall be enclosed with Part-I.

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7.4 The outside of the envelopes (Outer Cover, Part – I Cover and Part – II Cover) should

also indicate clearly the, Tender Reference, Part of Tender, Name of the Bidder and his address. In addition, the left hand corner of the envelope or container should indicate the Tender Number and the bid opening date and time. Bids with no indication given on the outside of the envelope to indicate that it is a bid document, which therefore gets opened before the due date, shall be liable to be disqualified.

7.5 All bids shall be prepared in English language only by typing or printing with indelible

black ink. In total (7) copies, one original and six identical copies of the proposal complete in all respects shall be submitted by the Bidder clearly indicating the original and the number of the copy. Bids must be received / deposited / delivered by / to the officials and address mentioned below, not later than 14.30 Hrs. IST on the date fixed for tender opening. S/Shri.

A. Jayaraj, Chief Manager /Contracts V. Dakshinamoorthy, Manager/Contracts C. Venkataraman, Manager/Contracts.

O/o The General Manager / Contracts/Corporate Office

Neyveli Lignite Corporation Limited Neyveli – 607 801. Cuddalore District. Tamil Nadu. Within the date and time indicated in Clause.7.1.1 above. Bids deposited/delivered after the time & date fixed for the receipt of the bids shall be rejected.

7.6 The Bidders are at liberty to be present or send their authorized representatives not

more than 2 persons to be present at the time of opening the bids with due authorization for participating in the bid opening.

7.7 Bidder is required to go through all points in the tender document and if necessary make

a site visit to the proposed Project site, at his cost and get them self fully and completely acquainted with site conditions to enable him to submit a most responsive, competitive and technically suitable offer.

7.8 Request for clarification, if any, from the Bidders should reach NLC/ NUPPL within

two weeks of the date of purchase of the tender documents by the concerned bidder. In response to such requests or even otherwise, NLC/ NUPPL shall have the right to provide clarifications as may be considered necessary to all those who have purchased the tender documents. In any case, NLC/ NUPPL shall not be liable to entertain any request for clarifications received not less than seven days prior to the scheduled Tender Opening date.

7.8.1 Requests for clarifications received after the stipulated time as indicated in Cl.7.8 shall

not be considered. The NLC/ NUPPL shall endeavor to render / communicate their clarifications in writing to the bidder without delay. After receipt of such clarifications, the bidder may submit his bid but within the time and date as indicated in the NIB. All such clarifications and the relevant exchange of correspondence between the parties in this regard shall form part of the tender specifications and contract documents.

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7.9 General: 7.9.1 All the two parts shall be super scribed as under: Name of the Bidder: Tender No:............. Part No:................. Opening Date (Part-I) Time:....................Proposal for.......................... and submitted To The General Manager/ Contracts, O/O The Executive Director/PBD&Contracts/Corporate Office

Neyveli Lignite Corporation Limited, Neyveli - 607 801, Cuddalore District, Tamil Nadu, INDIA. 7.9.2 This is a two stage tender. On the date and time of opening, Part - I containing Bid

form, Bid Guarantee, Documents to satisfying Qualifying Requirements technical and commercial aspects will be opened and read out. The Part -II (Prices) of the bid will be lodged and opening of the same will be intimated later separately to the Bidder who has been qualified on Techno – Commercial aspects.

7.9.3 Notwithstanding any information and data, which may be contained in these tender

documents, the bidder has to make independent inquiries and generally obtain his own information on all matters that may in any way affect prices, risks and obligations of the CONTRACTOR under the Contract.

7.9.4 If any of the bidders, takes any deviation to the conditions prescribed in the Notice

inviting Bids (NIB), the Client may consider such deviations and render/communicate their decisions if the deviations taken by the bidder is not acceptable to them. In spite of such decision by the Client on the deviation taken by the bidder, if the bidder declines to accept the same, the Client shall be at liberty to reject such bid, as being not in conformity with the conditions of Tender, and the decision of the Client in this regard is final and binding on the bidder.

7.9.5 Deviations if any, taken by the bidder on any clause of this Tender Document shall be

listed and indicated only in the formats titled “Deviation Schedule” (SECTION – E). Deviations listed elsewhere shall be summarily rejected and shall also be ignored.

7.10 Unilateral revision or withdrawal of offer by the bidder within the subsistence of the validity period of offer shall not be permitted. Violation of this condition shall result in rejection of the bid without notice, besides forfeiture of EMD/Bid Guarantee as the case may be. In addition to the above such bidder shall also be debarred either permanently or for a fixed period, at the discretion of NLC, from participating in any of the NLC’s future tender.

8.0 SIGNATURE OF BIDS 8.1 The Bid must contain the name, residence and place of business of the person or

persons making the Bid and each page of the Bid must be signed and sealed by the Bidder with his full signature. The name of the person/persons signing should be typed or printed below the signature.

8.2 Bid by a partnership must be furnished with full names of all partners and be signed with the partnership name, followed by the signature and designation of one of the authorised partners or other authorised representative(s).

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8.3 Bid by a Corporation/Company must be signed with the legal name of the

Corporation/Company by the President, Managing Director or by the Secretary or other person or persons authorised to submit on behalf of such Corporation/Company in the matter with the Official seal of the Company.

8.4 A Bid by a person who affixes his signature as ‘President’, ‘Managing Director’,

‘Secretary’, ‘Agent’, or other designation without disclosing the details of his Principal will be rejected. Satisfactory evidence of authority, such as Power of Attorney, etc, of the person signing on behalf of the Bidder shall be furnished with the Bid.

8.5 The Bidder’s name stated on the proposal shall be the exact legal name of the firm. 8.6 Any corrections, erasure or other changes in the Bid documents shall bear the initials of

the person and seal of the Company signing the Bid. 8.7 If a bidder is represented by an authorized representative / Agent / Power of Attorney

holder, such authorized representative, agent etc shall not sign and submit any other bids in his Personal behalf or by representing any other bidders. If more than one bid are received from any person in his personal capacity and / or representative capacity, all such tenders will entail in rejection.

8.8 Bids not conforming to the above requirements are liable for disqualification. 9.0 PRICE BASIS:

In the event of awarding a Contract in favour of the bidder, the price/contract value accepted by the Client, as mentioned in the LOA, shall remain firm till the completion of the Contract and no claim for escalation or compensation for any reason whatsoever shall be entertained by the Client either during the currency or after the completion of the contract, unless the same is permissible under any other terms of the Contract mentioned elsewhere.

10.0 VALIDITY OF THE BID The Bid shall be kept valid for 8 (eight) months from the date of opening of the Bids.

11.0 POLICY OF BIDS UNDER CONSIDERATION 11.1 Bids shall be deemed to be under consideration immediately after they are opened and

until such time official intimation of award/rejection is made by the Client to the Bidder. 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 Client and/or his employees/ representatives on matters related to the Bid under consideration. The Client if necessary will obtain clarifications on the Bids, by requesting for such information from any or all the Bidders either in writing or through official discussions. The Bidder(s) will not be permitted to change the substance of the Bid after the same has been opened.

11.2 NLC’s RIGHT TO ACCEPT BID

NLC does not pledge itself to accept the lowest Bid and reserves its right to accept the whole or part of the Bid and the Bidder shall complete the same at the rate quoted by him in his Bid.

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12.0 DEPUTATION OF REPRESENTATIVE FOR NEGOTIATIONS

After opening the Bid, if NLC decides to negotiate on the Commercial conditions, scope of work etc., the Bidder shall be in a position to depute his representative at short notice with full authority for discussion and concluding the Contract.

13.0 EVALUATION OF BIDS: 13.1 The following procedure would be followed for evaluation of bids. 13.2 All the bidders would be brought at par with reference to technical specification,

Commercial Condition of Contract, Instructions to Bidders and subsequent techno-commercial discussions/ clarifications if any.

13.3 For evaluation purpose, prices quoted in Price Schedule under Sub-Section - I of

Section – G alone shall be taken into consideration. For conversion of foreign currency to Indian Rupees, the BC selling rate prevailing on the date of opening of price bid shall be adopted.

13.4 All the Sl. Nos. and columns in the `Schedule of Prices' shall be quoted both in figures

as well as in words. If no prices are envisaged for any of the entries, `Nil’ shall be mentioned. The terms, such as ‘not applicable’, ‘if applicable’, ‘included’ ‘included in’, ‘included above’ ‘-------‘or blank shall not be used. “As applicable extra at the time of supply” is not permitted against any column.

13.5 If there is any discrepancy between the amount quoted in words and figures, the

amount quoted in words will be considered. 13.6 In case the amount indicated against the sum of items/total price in the schedule of

prices does not tally with the totaling of individual items, then the sum of individual item prices will be taken for evaluation.

13.7 The Bidder has to satisfy himself that full information is furnished as required in the

tender documents. Lack of particulars or incomplete information furnished will be at the risk of rejection of the Bid, without notice.

13.8 The Bids received and accepted will be evaluated by the Client to ascertain the most

suitable Bid in the interest of the Client, for the complete works covered under this document.

14.0 VITAL CLAUSES:

All the clauses in the General Commercial Conditions of Contract and Scope of work and other conditions are vital and no deviations are permitted in these clauses. However, deviations if any taken will be dealt as per clause No. 7.9.4 above.

15.0 Integrity Pact Programme NLC is committed to have most ethical business dealing with the Vendors, Bidders and Contractors of goods and services and deal with them in a transparent manner with equity and fairness.

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In order to achieve these goals, NLC is implementing the Integrity Pact Programme in co-operation with Central Vigilance Commission (CVC) and renowned International Non-Governmental Organisation, Transparency International India (TII). The Integrity Pact Programme will cover Tenders / Contracts valued at Rs. 1 Crore or above. The Integrity Pact Programme covers the following aspects. i) Commitments and Obligations of NLC (Principal). ii) Commitments and Obligations of Vendors / Bidders / Contractors (Counterparties). iii) Violations and Consequences. iv) Independent External Monitors. As per the Integrity Pact Programme, an “Integrity Pact”, which envisages an agreement between the prospective Vendors, Bidders & Contractors and NLC, committing the persons / officials of both parties, not to exercise any influence on any aspect of the contract? Only those Vendors / Bidders / Contractors, who have entered into such an “Integrity Pact” with NLC, would be competent to participate in the bidding. In other words, entering into this Pact would be a preliminary qualification. Hence the bidder shall submit the Integrity Pact agreement duly filled and signed in his offer enclosed in Part-I cover. The format of “Integrity Pact”, which should form a part of the tender, is enclosed as SECTION –J.

INDEPENDENT EXTERNAL MONITORS

1. Shri. N.Sundaradevan, I.A.S. (Retd.) No.18,S.K.Prestige, Dr.RadhakrishnanSalai, Tatabad, Coimbatore 641 012.

E maiI: sundaradevan@gmail.com Ph. No: 09840594444.

2. Shri. D.Mukherjee, IPS (Retd.), No. 2 / 670, IPS / IAS Officer’s Colony, Manappakkam, Porur, CHENNAI 600 116.

E mail: ratnajee@hotmail.com Phone: 044 – 2252 2466 Mobile: 099400 60000

3. Shri.P.N.Pathak, IRS (Retd.) No:14/118, Indira Nagar, Nirmal Resham, Lucknow 226010

E maiI: pnpathak1944@gmail.co.in Ph. No: 0522 2356977 Mobile: 9415402654; 9415066921

16.0 CONDITIONS OF CONTRACT:

Subject to the conditions enumerated in the Commercial Conditions of Contract, the tender will be governed by "Technical Specification" as detailed in the document. The Technical Specification shall prevail over other conditions elsewhere specified in the tender document to the extent they differ from other conditions.

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17.0 IMPORTANT NOTE:

Contract will be given to Phase I Contractor for the phase II activities, if 1. Their quoted rate is within 110% of the lowest offer in phase II tender 2. There is no delay in achieving the milestone targets of Phase I activities,

scheduled upto the point of time of tender opening for phase II contract, or extension of time has been granted by NLC for the Phase I activities.

3. All other terms being equal and 4. The phase I contractor agrees to match with the lowest offer of the Phase II

tender.

In case of non-matching, the contract will be awarded to the lowest bidder.

Yours faithfully,

for NEYVELI LIGNITE CORPORATION LIMITED,

GENERAL MANAGER/ CONTRACTS.

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SECTION - C

GENERAL COMMERCIAL

CONDITIONS OF CONTRACT

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SECTION-C GENERAL COMMERCIAL CONDITIONS OF CONTRACT

INDEX

CL. No. CONTENTS PAGE

No. 1.0 DEFINITIONS 24 1.1 SCOPE OF PROPOSAL 27 2.0 PRICE 27 3.0 TIME SCHEDULE 27 4.0 DELIVERABLES 30 5.0 LIQUIDATED DAMAGES (LD): 32 5.4 GRANT OF EXTENSION OF TIME 33 6.0 BANK GUARANTEES (GENERAL) 33 6.6 CONTRACT PERFORMANCE GUARANTEE 34 7.0 PAYMENT TERMS 34 8.0 DOCUMENTS TO BE FURNISHED FOR CLAIMING PAYMENT 38 9.0 INSURANCE 38 10.0 WORK AND SAFETY REGULATIONS 38 11.0 LABOUR LAWS 38 12.0 FACILITIES 38 13.0 SECRECY 38 14.0 LIMITATIONS OF LIABILITIES AND RESPONSIBLITIES 39 15.0 EVALUATION AND COMPARISON OF BIDS 39 16.0 TECHNICAL SOUNDNESS 39 17.0 FORCE MAJEURE 39 18.0 DISPUTES 40 18.2 CONCILIATION 40 19.0 ARBITRATION OF DISPUTES 41 20.0 PATENTS 42 21.0 TERMINATION 42 22.0 FORE CLOSURE OF CONTRACT 43 23.0 TAXES & DUTIES ETC 43 24.0 LANGUAGE 44 25.0 ADDITIONAL SERVICES 44 26.0 ASSIGNMENT AND SUBLETING OF CONTRACT 44 27.0 RETURN OF DOCUMENTS 45 28.0 INDEMNITY 45 29.0 OWNERSHIP OF DOCUMENTS 45 30.0 APPROVALS 46 31.0 CLEARANCE FROM STATUTORY AUTHORITIES 46

32.0 EFFECTIVE DATE OF CONTRACT AND PERIOD OF CONTRACT

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33.0 DEFECTS IN CONTRACTOR’S WORK 46 34.0 DELETION 46 35.0 ACCESS TO CONTRACTOR’S OFFICES 46 36.0 JURISDICTION OF CONTRACT 46 37.0 CORRESPONDENCE 46 38.0 NUMBER OF VISITS BY CONTRACTORS 47 39.0 MANNER OF SIGNING OF CONTRACT 47

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SECTION-C

GENERAL COMMERCIAL CONDITIONS OF CONTRACT

1.0 DEFINITION OF TERMS

Note: Although details presented in this Tender document have been compiled with all reasonable care, it is Bidder’s responsibility to satisfy them self that the information/documents are adequate and that there are no conflicts between various documents/stipulations. No dispute or claims will be entertained on this account. Offer proposal preparation is the responsibility of the Bidder and no relief or consideration can be given for errors and omissions.

The following words and expressions as used in this Contract (as hereinafter defined) shall have the meanings hereof assigned to them except where the context otherwise requires.

1.1 ‘Approval of the NLC’ shall mean the written approval by the ‘NLC’ and in respect to

matters delegated to the Consultant by NLC , by the ‘Consultant’ of a document, or drawing, or other particulars or matters, in relation to the Contract.

1.2 `Bid' or “Offer’ shall mean the complete set of documents submitted, on or before

the Tender Opening Date, by the Bidder as its bid/offer, pursuant to the Tender and in accordance with the terms of the Tender, and shall include all Annexures, Appendices, explanatory statements and other like attachments.

1.3 'Bidder' shall mean the entity which has submitted a Bid. Bidder may be an individual,

a Joint venture company, registered partnership or a registered company. 1.4 Codes and Standards' shall mean all the applicable codes and standards as indicated in

the system specification 1.5 CONTRACTOR' shall mean the BIDDER whose bid has been accepted by the

CLIENT and who is so notified by the issue of a LOA and with whom the `Contract' is entered by the CLIENT and shall include his heirs, legal representatives, successors and permitted assignees.

1.6 ‘Contract’ shall mean and include the agreement between the CLIENT and the

Contractor duly signed by or on behalf of both the parties thereto, for the execution of the works together with all documents annexed/attached therewith and shall include, upto the date of execution of the contract agreement, the LOA.

1.7 `Contract Period' shall mean the period within which the Contract is required to be

completed, as agreed between the Contractor and the NLC in the Contract and shall include, subject to any conditions that may be imposed, the period(s) of extension granted by the NLC.

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1.8 ‘Contract Price’ in relation to particular contract shall mean the total or aggregate consideration to be paid by the NLC to the Contractor, including price variations if any as provided in the Contract, with respect to such contract.

1.9 ‘Date of Contract' shall mean the date on which NLC and the Contractor have signed

the Contract agreement. 1.10 ‘Dimensions’ shall mean the extent of line, area, volume. They are to be based on the

metric system. 1.11 Drawings’ shall mean the designs, plans, drawings, diagrams, tracings and prints

thereof and details which are required to be supplied by Contractor as per terms of contract for the execution of the package and shall include the ones approved by the CLIENT/Consultant

1.12 "Effective date of Contract" shall mean the date of the Letter of Award, unless a

different date is shown in the LOA 1.13 ‘ENGINEER' shall mean the Officer nominated by the CLIENT for the performance of

the Contract. 1.14 Field work shall mean all activities to be carried out in the field involving site

preparation, etc. 1.15 ‘Inspector’/ ‘Inspecting Engineer’ shall mean any person or persons, or any firm

nominated by or on behalf of the CLIENT or his duly authorised agent or to inspect equipment, supplies, materials or any type of work under the contract.

1.16 `Instructions' shall mean any drawings and/or instructions, oral and/or in writing

details, direction and explanations issued by the CLIENT from time to time during the `CONTRACT PERIOD'

1.17 “Person” shall include firms, Companies, Corporation, association or body of

individuals whether incorporated or not. 1.18 ‘Project/Projects’ means, the proposed Pachwara South Coal Block, Dumka District of

Jharkhand State 1.19 'Letter of Award' shall mean the official communication issued by the NLC/ NUPPL

notifying the successful Bidder that his Bid, with or without modifications, has been accepted, which interalia requires the Contract agreement to be executed

1.20 `Notice in Writing', `Written Notice' shall mean any notice, written, typed or printed,

sent (unless delivered personally or otherwise proved to have been received) by registered post to the last known/notified official address or registered office of the addressee, and shall be deemed to have been received when in the ordinary course of post it would have been delivered.

1.21 ‘NLC’ or ‘Buyer’ or ‘Purchaser’ or ‘Client’ shall mean the NEYVELI LIGNITE

CORPORATION LIMITED and the legal successors in title to the NLC and any assigns of the NLC.

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1.22. `PURCHASER` shall mean the Neyveli Lignite Corporation Limited and include their successors and permitted assignees, as well as their authorised officers/ representatives

1.23 `Specification’ shall mean collectively all the terms and stipulations contained in the

tender documents known as the Commercial Conditions of Contract and Technical Specifications and Conditions of Contract and Special Conditions, if any, such Amendments, Revisions Deletions or Additions, as may be made in the Agreement and all written Agreements made or to be made pertaining to the method and manner of performing the `Works' or to the quantities and the Qualities of the materials to be furnished under the `Contract'.

1.24 ‘Site’ shall mean the entire area, contiguous or otherwise, which encompasses the

place or places at or in which the whole or a part of the Work or services under the Contract is to be carried out and shall include such other places as may be specifically provided by the ‘NLC’ in the Contract for any stated purposes

1.25 ‘Successful Bidder’ shall mean the Bidder to whom LOA has been issued accepting his

Bid. 1.26 ‘Tender’ shall mean the Notice Inviting Bid issued by the NLC together with the

Instructions to Bidders, General Commercial Conditions of Contract, Technical Specifications and Special Conditions, howsoever called, and shall include Appendices, Annexures and attachments thereto, as also any and all amendments / corrigendum/ errata issued by the NLC till the Tender Opening Date.

1.27 ‘Tender Opening Date’ shall mean the time, day, month and year fixed as per the

Tender, for the opening of the sole or first cover of the Bid, as the case may be, and in the event of any postponement, the time, day, month and year as postponed by the NLC

1.28 ‘Time’ shall be reckoned by months, weeks, days and hours, month being equivalent to

the calendar month according to the Gregorian Calendar. The day or days unless herein otherwise expressly defined shall mean calendar day or days of 24 hours each.

1.29 ‘Work’ shall mean the equipment to be supplied and services to be provided by the

CONTRACTOR under the scope of the ‘Contract'. 1.30 ‘Works’ shall mean and include all works specified or put forth and required in the

specifications, drawings and schedules hereto annexed or referred to or to be implied there from or incidental thereto or to be hereafter specified or required in such explanatory instructions and drawings as shall from time to time during the progress of the work hereby contracted for, be supplied by the CLIENT and to be supplied and executed by the Contractor

1.31 The various Acts and Regulations are normally available for sale from the following

address: `Deputy Controller, Publication Department, Government of India, Civil Lines, Delhi - 110 006. and with leading authorized Government of India book sellers.

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1.2 SCOPE OF PROPOSAL The scope of this tender is on the basis of single bidder responsibility for the complete Scope of work viz. carry out Detailed Exploration, DGPS Survey, Preparation of Reports such as FR, Mining Plan, EIA/EMP, SIA & obtaining Pre-Development clearance for Pachwara South Coal Block, Dumka District of Jharkhand State. The detailed scope of work is covered in Section-F.

2.0 PRICE: 2.1 The Bidder shall quote in Part II “Price Schedule” for the entire scope of work as

detailed in Section-F. The prices quoted shall be firm and fixed lump sum basis inclusive of all taxes and duties and shall remain valid till the completion of entire scope of work.

2.2 For the entire scope of work, the total fees and charges payable by the CLIENT shall remain firm and fixed till fulfillment of all the obligations under this Contract. The fees shall cover visiting site and collecting data/information/ details from authenticated sources necessary to prepare draft materials for carrying out Detailed Exploration, DGPS Survey, Preparation of Reports such as FR, Mining Plan, EIA/EMP SIA & obtaining Pre-Development clearance, Expert fees, Taxes & Duties, Travel and living expenses including power point presentation of the reports to appraisal agencies, Computer Charges, Local transport, Boarding and lodging, cost of all deliverables indicated in Clause 4.0.

3.0 TIME SCHEDULE: Time is the essence of this contract. The Scope of work is divided into the following

three events. Scope covered under this work shall be performed as per the time schedule given below, reckoning from the date of Letter of Award (LOA). The total period of contract is 39 months from the date of LOA.

3.1 NOTIFICATION & PERMISSION FOR DRILLING IN FOREST LAND AND

DETAILED EXPLORATION & DRILLING (i) “Notification under section 4 (1) of CBA Act 1957” 1.5 months (1.5 months

from the date of LOA) (ii) Permission for drilling forest land falling in Coal Block area from MOEF&CC

through Forest Department, Govt. of Jharkhand (4 months from the date of LOA).

(iii) Detailed Exploration & Drilling - 12 months (13.5 months from the date of LOA) for completion of all activity including Submission of Final Geological Report. (GR).

3.1.1 The total period for this event is 13.5 months from the date of LOA. However, if the

completion is delayed due to any cause beyond the control of the successful Bidder/Contractor, NUPPL may on application by the contractor in writing before the expiry of time limit, allow such extension of time for completion of work.

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3.2 DGPS SURVEY AND REPORTS SUBMISSION

(A) Physical survey of block boundary as per CMPDIL approved coal block plan, DGPS survey and submission of Block Boundary.

Within Two month from the date of completion of GR.(15.5 months from the date of LOA.)

(B) DGPS Survey of Mining Lease Area and preparation of Shape file, hard and soft copy to file Forestry Stage I application.

Within Four Months from the date of completion of GR. (17.5 months from the date of LOA.)

(C) DGPS Survey of Forest Land falling in the Mining Lease Area. Preparation of shape file, hard and soft copy preparing

Within Six Months from the date of completion of GR. (19.5 months from the date of LOA.)

(D) DGPS survey and submission of the DGPS survey report and establishment of concrete pillars at field.

Within Eight Months from the date of completion of GR. (21.5 months from the date of LOA.)

* DGPS Survey task will run concurrently with preparation of Mining Plan and Feasibility Report. The total period for this event is 21.5 months from the date of LOA.

3.3 REPORTS & CLEARANCES: 3.3.1 The total period for this event (A to F) is 39 months from the date of LOA.

(A) MINING PLAN & FEASIBILITY REPORT

Sl. No Activity Period

1 Preparation of Mining Plan

1(a) Draft Mining Plan submission & presentation at Neyveli

Within Four Months from the date of completion of GR (17.5 months from the date of LOA)

1(b) Comments on Draft Mining Plan by NUPPL

1 month after receipt of draft MP (18.5 months from the date of LOA)

1(c) Final Mining Plan Report submission & approval from MoC.

1 Month after receipt of comments from NUPPL (19.5 months from the date of LOA)

2 Preparation of Feasibility Report

2(a) Draft Feasibility Report submission & presentation at Neyveli

1 month after approval of Final Mining Plan (20.5 months from the date of LOA)

2(b) Comments on Draft Feasibility Report by NUPPL

1 month after receipt of draft Feasibility Report (21.5 months from the date of LOA)

2(c) Final Feasibility Report submission after inclusion of the changes by MOC in the Mining Plan.

2 month after receipt of comments from NUPPL (23.5 months from the date of LOA)

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(B) EIA/EMP REPORT & SIA STUDY

3 Preparation of EIA/EMP Report & SIA Study

Sl. No. Events Days from LOA

(a)

Submission of seven (7) hard copies each of Draft Rapid EIA/EMP report and SIA study, Draft Executive Summary in English and in local language and one hard copy of draft Power Point Presentation for Public Consultation.

120 days from the date of completion of GR (17.5 months from the date of LOA)

(b)

Submission of final presentation material in English for public consultation incorporating issues raised during public hearing, minutes of public hearing in the draft final EIA/EMP report and SIA study, submission of twenty (20) hard copies each of the final Rapid EIA/EMP report and final Executive Summary after incorporating NLC’s comments along with a soft copy of draft presentation material for the EAC of MoEF&CC.

150 days from the date of completion of GR (18.5 months from the date of LOA)

(c)

Submission of thirty (30) hard copies of final EIA/EMP report and SIA study along with public hearing minutes one soft copy of final presentation material.

225 days from the date of completion of GR (21 months from the date of -LOA)

(C) SITE SURVEY & CONTOURING WORK

Sl No. Clearances Time Schedule

1.

Completion of surveying as per specifications & conditions and Submission of Drawings & Survey Report as mentioned in deliverables.

2 months (18 months from the date of LOA)

2. Providing Grid Pillars as per specifications.

2 months (20 months from date of LOA)

(D) HYDRO GEOLOGICAL STUDY

The total period of the completion of works is 20 months from the date of LOA. However, in case of any unforeseen events such as large scale caving, silting, fishing, mud loss and Geological strata conditions, the extension of the time will be considered.

(E) LAND USE PATTERN STUDY The proposed study should be completed within six months from the date of LOA including the submission of the final project report.

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(F) PRE DEVELOPMENTAL CLEARANCES

Pre developmental clearances are to be obtained after completion of the tasks awarded to the BIDDER at each stage according to the scope of work within the framework of MOC guidelines for developing the coal block.

Sl No. Clearances Time Schedule

1. Forest Clearance Stage-1 8 months (27 months from the date of LOA)(2 months overlapping)

2. Environmental Clearance 8 months (concurrent with Forestry clearance 27months from date of LOA)

3. Mining Lease 6 months (33 months from the date of LOA) 4. AAI Clearance Concurrently (33 months from the date of LOA) 5. Final Forest Clearance 12 months (39 months from the date of LOA)

4.0 DELIVERABLES

The Contractor shall prepare and submit to the Client the following:

4.1 DETAILED EXPLORATION & DRILLING

1) Preparation of scheme for detailed exploration and drilling as per standard industry practice, total drilling meterage, month-wise drilling schedule, dig deployment details within first month as monthly report.

2) Monthly progress Report (MPR) in both hard & soft copy in respect of activity completed during each month which includes

(a) Drilling & Geophysical logging

(b) Sampling, Analysis and Survey etc.

(c) Concise litho-logs of completed borehole with survey coordinates and RL should be enclosed.

3) Joint Measurement Certificate for drilling and geophysical logging signed by Representative of NUPPL and Successful Bidder to be submitted for the completed boreholes for every month.

4) Submission of Interim Geological Note (IGN) - 2 Copies, Draft Geological (DGR) - 1 Copy and Final Geological Report (FGR) – 10 Copies with soft copy in CD and GEO Model in Minex.

4.2 DGPS SURVEY:

1. On approval of the draft report by State Government of Jharkhand, five numbers of final reports along with editable softcopy format in CD should be submitted to NUPPL.

2. Shape file, hard and soft copy of the forest land and non-forest land falling in the Mining Lease Area.

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4.3 REPORTS & CLEARANCES:

(A) MINING PLAN & FEASIBILITY REPORT

1. The successful bidder should submit 3 copies of draft Mining Plan report each in hard and soft forms (DVD) with all the plans and drawings (to scale)

2. The bidder should submit 10 copies of final Approved Mining Plan report each in hard and soft forms (DVD) with all the plans and drawings (to scale)

3. The bidder should submit 3 copies of Draft Feasibility Report each in hard and soft forms (DVD) with all the plans and drawings (to scale)

4. The bidder should submit 10 copies of final Feasibility Report each in hard and soft forms (DVD) with all the plans and drawings (to scale)

5. All the clearances at each stage should be obtained from the concerned State/Central Govt. Authorities and submitted to NUPPL.

(B) EIA/ EMP REPORT AND SIA STUDY The successful bidder shall prepare and submit to the CLIENT (NUPPL) the following. 1. Three (3) copies of the report containing the data generated / collected during the

field measurement / survey. Seven (7) hard copies each of (i) Draft Rapid EIA/EMP report, (ii) Draft Executive Summary of Rapid EIA/EMP report in English and local

language, (iii) One hard copy of draft Power Point Presentation material for Public

Consultation and (iv) One soft copy of the above (i), (ii) & (iii)

2. Seven (7) hard copies each of (i) the final draft Rapid EIA/EMP report (ii) Final draft Executive Summary of Rapid EIA/EMP report in English and in

local language, (iii) One hard copy of Final draft power point presentation material and (iv) One soft copy of (i), (ii) & (iii) above, after incorporating NLC’s comments.

3. Ten (10) hard copies and one soft copy of the final Power point presentation material in colour for Public Consultation

4. One soft copy of final EIA-EMP report and filled-up draft (i) Application Form (Schedule II) and (ii) Proforma for Environmental Appraisals of Mining Projects (Mining sector projects), after incorporating NLC’s comments.

5. Thirty (30) hard copies of final Rapid EIA/ EMP report. 6. The bidder should submit 3 copies of draft SIA report each in hard and soft forms

(DVD) with all the plans and drawings (to scale) 7. The bidder should submit 10 copies of final SIA report each in hard and soft

forms (DVD) with all the plans and drawings (to scale) 8. Thirty (30) hard copies of Final Executive Summary in English and Thirty (30)

hard copies in local language containing salient details of the final Rapid EIA/EMP report and twenty (20) hard copies of (i) Application Form (Schedule II) and (ii) Proforma for Environmental Appraisals of Mining Projects (Mining sector projects).

9. A soft copy of the entire volume of the accepted final report, Executive Summary in local language and English and power presentation materials.

10. All reproducible tracings, original drawings, computer models etc., utilized for preparation of Rapid EIA/EMP report and a soft copy of the same.

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11. One soft copy of draft Power point presentation material containing salient features of final Rapid EIA/EMP and incorporating Public Consultation/hearing remarks for presentation to statutory authorities viz SPCB/ MOEF&CC.

12. Twenty (20) hard copies of the final Power point presentation material in colour and one soft copy after incorporating NLC’s comments for presentation to statutory authorities viz SPCB/MOEF&CC Expert Appraisal Committee.

13. Besides the above, the Report shall also include photographs covering existing environmental status in the core and buffer zone.

(C) SITE SURVEY & CONTOURING WORK 1. Completion of surveying as per specifications & conditions and acceptance of

NUPPL. 2. Submission of Drawings & Survey Report including, (a) Surface Plan, (b)

Contour Plan as per standard industry practice, (c) Topographical Plan showing all permanent & prominent features.

(D) HYDRO GEOLOGICAL STUDY

1. Preparation and Submission of Hydro Geological Study. (E) LAND USE PATTERN STUDY

1. Preparation and Submission of Land Use Pattern Study. (F) PRE DEVELOPMENTAL CLEARANCES

1. All clearance certificates obtained for the sanction of the project should be submitted.

5.0 LIQUIDATED DAMAGES (LD):

5.1 The time stipulated as per clause 3.0 for the above work shall be the essence of the

contract. In the event of the Contractor failing to adhere to the time specified in the Contract, due to the reasons attributable to the Contractor, NLC shall deduct towards Liquidated Damages (LD) for any delay in completing that event at the rate of 0.5% per week of delay or part thereof of Contract price of that event, subject to a ceiling of 10 % of the total contract price.

5.1.1 However if the Contractor completes the entire work within 39 months from the date of

LOA, the LD recovered for the individual events, if any will be released back without interest to the contractor after completion of entire work and certified by the CLIENT.

5.2 If the reason for the delay is solely attributable to NUPPL, adequate time extension will

be given to the Contractor to the extent of delay attributable to NUPPL. Time is essence of contract and shall remain so, notwithstanding extension of time, if any granted by NUPPL for completion of work.

5.3 (a) If the reason for the delay is purely attributable to the Contractor, NUPPL shall

deduct towards Liquidated Damages (LD) and extension of time would be granted subject to deduction towards Liquidated damages.

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(b) If the decision regarding the reasons for the delay is required to be analysed and the same can only be determined after completion of the work or if the issue is likely to enter into dispute or requires in-depth study to if the responsibility for the delay, the extension of time, will be given subject to levy of LD, if considered necessary. However, as a precaution the amount equivalent to the maximum LD leviable would be withheld from the running bills at the stage where the balance payment may not be able to cover the LD and other obligations as per the provisions of the Contract.

(c) In case the above arrangement causes difficulty to the Contractor in cash flow and progress of work, an amount upto 90% of the withheld amount can be released to the Contractor against suitable Bank Guarantee for 100% of the withheld amount if requested by the Contractor. In such case, as soon as the work is completed, all efforts will be taken by NUPPL, to settle the LD issue preferably within 6 months from completion of work.

(d) However, 90% of the withheld / leviable liquidated damages amount may be

considered by the NUPPL for release against submission and acceptance of LDBG as per the format enclosed (Section - D) in the tender / contract for 100% of the leviable LD amount.

5.4 GRANT OF EXTENSION OF TIME: 5.4.1 Time extension may be granted only on bonafide request and not in a routine manner. 5.4.2 Request for extension of time shall be submitted by the CONTRACTOR in writing

and the Owner, based on the merit, shall consider the request and convey his decision to the CONTRACTOR in writing within a reasonable time. Such extension shall not release the contractor of any of his obligations including Liquidated Damages (LD).

6.0 BANK GUARANTEES (GENERAL) 6.1 All the bank guarantees shall be irrevocable. The Bank Guarantee shall be from any

scheduled Commercial bank in India (other than the Bank of China) authorized by Reserve Bank of India to issue such Bank Guarantee. In case of Foreign bidder, the Bank Guarantee shall be from any reputed commercial Bank of the bidder / Contractor’s Country approved by Reserve Bank of India (other than Bank of China) / acceptable to Client. Except Bid Guarantee, all Bank Guarantees are to be furnished directly by the Banker to NLC by RPAD/Speed Post/Courier to the following address: The General Manager/ Contracts, Corporate Office, Neyveli Lignite Corporation Limited, Neyveli - 607 801, Cuddalore District, Tamil Nadu, INDIA.

6.2 The bank guarantee shall be furnished as per respective formats (Section-D) prescribed

by the Client and shall be submitted on Non-judicial stamp paper of value Rs.80/- and the stamp paper shall be in the name of the bank.

6.3 All the Bank Guarantees shall be payable on first demand, without demur, irrespective

of any dispute between the Bank and the Contractor to the Client without any condition or dispute whatsoever.

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6.4 The Contractor shall arrange to keep the several Bank Guarantees referred to herein

valid for the requisite duration by making timely request to banks or Bank concerned. All the extension for Bank Guarantees also shall be on non-judicial stamp paper of value Rs.80/- obtained in the name of the Bank. All charges connected with the Bank Guarantees shall be to the account of the CONTRACTOR.

6.5 No interest shall be payable by the Client on the Bank Guarantee or on any part of the

Bank Guarantee encashed. The Client shall have the right to encash the Bank Guarantees for non-compliance of any or all the terms and conditions of the contract. Failure, delay or omission to invoke or encash a Bank Guarantee, shall not disentitle or disable the NLC from exercising the right to invoke the Bank Guarantee, subsequently for the same or similar or other triggering event.

6.6 CONTRACT PERFORMANCE GUARANTEE (C.P.G) 6.6.1 The successful Bidder shall furnish a Contract Performance Guarantee in the form of

Bank Guarantee acceptable to the CLIENT, as per the format enclosed (Section – D) within 30 days from the date of issue of LoA for an amount equal to 10% of the total value of the contract price towards faithful execution of the contract valid up to 3 months from the date of completion of all activities along with other deliverables and acceptance by the Client. The guarantee amount shall, merely on demand, be payable without any previous notice and without any demur and without referring to any other source irrespective of any legal dispute between bank and Contractor and the Client without any condition or dispute whatsoever.

6.6.2 Without prejudice to the generality of the terms of the Contract Performance Guarantee

the CLIENT shall have the right to encash the Contract Performance Guarantee in full or Part for noncompliance of any or all the terms and for recoveries under the contract as well as against defects in work carried out. In the event of invoking the encashment of CPG partially by NLC, the Contractor shall keep the CPG valid for the balance amount till the end of the period specified in the Contract.

6.6.3 After expiry of above period, for any minor pending obligations, the value of the

Contract Performance Bank Guarantee can be got extended for the reduced amount to the extent of value of such pending obligations.

7.0 PAYMENT TERMS

• All payments will be made after signing of Contract. • All payments shall be made through e-payment. • All payments are subject to production of CPG by the Contractor, acceptance of the

same by the client and acceptance of LOA by Contractor. The payment terms shall be as follows:

7.1 DETAILED EXPLORATION & DRILLING

1. The successful Bidder/Contractor shall raise monthly bills based on Joint Measurement Certificate (JMC) signed by NUPPL and the successful Bidder/Contractor representatives for the work carried out in the previous month.

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2. a) Against the monthly bills submitted by the Successful Bidder/Contractor, NUPPL shall make payment to the extent of 70% of the bill.

b) Another 10% of the bill shall be paid only after submission and acceptance of the Final Geological Report. 20% balance will be paid only after obtaining all the pre developmental clearances.

c) For Geophysical logging payment will be made on probe-wise basis and only for the actual depth logged. In case, if a particular geophysical logging probe has not covered the coal zone, payment will not be made for the probe concerned.

d) NUPPL shall make no deduction towards Income Tax, provided Exemption / No tax deduction Certificate if furnished by Exploration Agency.

e) No advance payment will be made for the works.

7.2 DGPS SURVEY The physical survey of block boundary has to be carried out as per block boundary plan approved by CMPDIL. In case of fixing and measurement of coordinates of boundaries during DGPS survey and GSI borehole locations increases/decreases from 116 points, the payment will be considered on proportionate basis. However if necessity arises to increase the No. of points it shall be restricted to 130. In the case of pillars also the payment will be considered on proportionate basis for any increases/decreases from 100 points.

Sl No Description of Deliverables Schedule of Payment

(as per Sub-section-III of Price Schedule)

1 Fixing and measurement of coordinates of boundary points and GSI borehole locations

45% of accepted cost of line item No.1 along with applicable service tax

2

Preparation of boundary map for the Mining lease Area and shape file (hard and soft copy) submission of detailed DGPS survey report for Pachwara south coal block, Dumka District, Jharkhand state

45% of accepted cost of line item No.1 along with applicable service tax.

3

Preparation of boundary map for the Forest Area and shape file (hard and soft copy).Establishment of concrete pillars of all boundary points fixed

10% of accepted cost of line item No.1 and 50% of item No.2 along with applicable service tax

4

On submission for the approval by Government agencies (Enclosed for Forest Stage-1 application and along with Mining Lease application.)

Balance 50% of accepted cost of line item No.2 along with applicable service tax.

Note: Executed work will be measured jointly by the agency/firm and executives of NUPPL. Based on the Joint Measurement Certificate (JMC), the payment will be released on submission of bill. The payment will be released after the deduction of applicable taxes and other statutory levies as per Act.

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7.3 REPORTS & CLEARANCES: (A) MINING PLAN, FEASIBILITY REPORT

Sl No Description of Deliverables Schedule of Payment

(as per Sl. No. 1 of Sub-Section- IV of Price Schedule)

1 After first “Site Visit & Data Collection” pertaining to the assignment.

20% of the respective fee along with service tax.

2 On submission of Draft Mining Plan/Draft Feasibility Report.

40% of the respective fee along with service tax.

3

On submission of Final Mining Plan and after obtaining the approval from MoC for the Mining Plan and final submission of Feasibility Report.

40% of the respective fee along with service tax.

(B) EIA/EMP REPORT & SIA STUDY

Sl No Description of Deliverables Schedule of Payment

(as per Sl. No. 2 of Sub-section- IV of Price Schedule)

1

On Completion of field measurements for one season and submission of three (3) copies of the report containing the data generated/collected during the field measurement/field survey separately for preparation of Rapid EIA/EMP report.

35% of the lump-sum compensation value. Payable within 3 weeks.

2 On submission of deliverables Final EIA/EMP Report & SIA Study as mentioned under item (2) deliverables.

30% of the lump-sum compensation value. Payable within 3 weeks.

3 On submission and acceptance of the deliverables mentioned in under item (3) to (12) deliverables as per scope.

20% of the lump-sum compensation value. Payable within 3 weeks.

4 On receipt of Environmental Clearance for the Mining Project.

15% of the lump-sum compensation value. Payable within 3 weeks.

(C) SITE SURVEY & CONTOURING WORK

Sl. No. Description of Deliverables

Schedule of Payment (as per Sl. No. 3 of Sub-

section- IV of Price Schedule)

1

On completion of surveying as per specifications & conditions and Submission of Drawings & Survey Report as mentioned in deliverables.

50%

2 Providing Grid Pillars as per specifications. 50%

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(D) HYDRO GEOLOGICAL STUDY

Sl. No. Description of Deliverables

Schedule of Payment (as per Sl. No. 4 of Sub-

section- IV of Price Schedule)

1 Establishing Pump well and Observation wells. 30%

2 Conducting Pumping Test. 20%

3 Preparation & Submission of Hydro Geological Report.

50%

NOTE: On completion of each item (1, 2 & 3) of work, payment will be made based on the Joint Measurement Certificate (JMC) signed by NUPPL and the Contractor. (E) LAND USE PATTERN STUDY

Sl. No. Description of Deliverables

Schedule of Payment (as per Sl. No. 5 of Sub-

section- IV of Price Schedule)

1 On submission and acceptance of Land Use Pattern Study 90%

2 On final clearance for the project 10%

(F) PRE DEVELOPMENT CLEARANCES

Sl. No. Description of Deliverables

Schedule of Payment (as per Sl. No. 6 of Sub-

section- IV of Price Schedule)

1 Forest Stage – 1 Clearance 10%

2 Final Forest Clearance 10%

3 Environment Clearance 20%

4 Mining Lease 20%

5 Airport Authority Clearance 10%

6 Consent for Air, Water & Operation 10%

7 Other clearances as required for getting sanction for FINAL CLEARANCE. 20%

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8.0 DOCUMENTS TO BE FURNISHED FOR CLAIMING PAYMENT 8.1 The following documents shall be sent to the CEO/NUPPL for effecting payments.

1. Invoices - Original + 2 copies 2. Report as per clause 4.0 above

8.2 All Bank Charges shall be to the account of Contractor only. 9.0 INSURANCE

Insurance cover for the equipment deployed and men employed shall be the responsibility of the Contractor. Failure to take insurance shall attract penalty recovery from the Contractor as deemed fit and decided by NUPPL.

10.0 WORK AND SAFETY REGULATIONS: The Contractor shall ensure the safety of all the workmen, materials and equipment

either belonging to him or to others working at ‘SITE’. The Contractor shall be responsible for provision of all safety notices and safety equipment required both by the relevant legislation and the Client as it may deem necessary.

11.0 LABOUR LAWS The Contractor shall abide by all relevant Labour Laws like Workman Compensation

Act etc. 12.0 FACILITIES CLIENT shall provide documents, data and information necessary to the extent

possible. The Contractor shall arrange at his cost for accommodation and local transport in and around the project site/Neyveli for all the personnel engaged for this work. CLIENT shall not provide any residential accommodation to the Contractor.

13.0 SECRECY 13.1 The technical data, information, drawings, specifications and other related documents

and such of those materials prepared by or made available to the Contractor during the execution of the project shall not be used for any purpose other than for execution of this contract.

13.2 The technical data, information, drawing, specifications and other related documents

shall not be divulged and or disclosed to a third party or used for any other purposes whatsoever without Client’s previous consent in writing, except to the extent required for the execution of this contract.

13.3 Provisions of these clauses shall not be applicable for those information, which are in public domain or already in possession of the Contractor or independently developed by the Contractor or obtained by the Contractor from any third party.

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14.0 LIMITATIONS OF LIABILITIES AND RESPONSIBILITIES: 14.1 The final payment by the CLIENT in pursuance of the ‘Contract’ shall mean, the

release of the Contractor from all his liabilities under the ‘Contract’ and such final payment shall be made only after obtaining environmental clearance for the from Ministry of Environment and Forests, Government of India.

14.2 The total liability of the Contractor under clauses 16.0, 21.3 and 33.0 will be restricted

to 10% of the total contract price. This is excluding deficiency in performance under clause 5.0 and CPG under clause 6.6

15.0 EVALUATION AND COMPARISION OF BIDS: 15.1 The Bidder has to satisfy himself that full information is furnished as required in the

tender documents. Lack of particulars or incomplete information furnished will be at the risk of rejection of the Bid, without notice.

15.2 The Bids received and accepted will be evaluated by the Client to ascertain the most

suitable Bid in the interest of the Client, for the complete works covered under this document.

16.0 TECHNICAL SOUNDNESS The Contractor shall carry out the services under this contract in conformity with

accepted norms and sound upto-date standards of engineering and principles of technology. In rendering their services they will apply the same care as in matters of their own concern. The Contractor shall be responsible for the technical soundness of the services rendered. In the event of any deficiency in these services, Contractor shall interalia promptly re-do such services at no additional cost to the CLIENT on account of such deficiencies.

17.0 FORCE MAJEURE 17.1 Force Majeure herein defined is a cause which is beyond the control of the Contractor

or the CLIENT, which they could not foresee and which substantially affect the performance of the Contract such as

17.1.1 Natural phenomena, including but not limited to floods, droughts, earthquakes and

epidemics 17.1.2 Acts of any Government, domestic or foreign, including but not limited to war,

declared or undeclared priorities, quarantines, embargoes, 17.1.3 Strikes, lock outs and sabotage 17.1.4 Riots and civil commotions Provided either party shall within fifteen (15) days from the occurrence of such a cause

notify the other in writing of such cause.

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17.2 The Contractor or the CLIENT shall not be liable for delays in performing the respective obligations resulting from any Force Majeure condition occurred. The date of completion shall be extended by a reasonable time.

17.3 If the performance as a whole or part by the Contractor or any obligations under the

Contract is prevented or delayed by “Force Majeure” condition for a period exceeding 120 days, the CLIENT may at his option terminate the Contract by notice in writing.

18.0 DISPUTES Any dispute arising from this contract for consultancy services between the parties will

be dealt as follows. 18.1 Informal dispute resolution If any dispute between the Contractor and the Client arises, it shall in the first

instance be referred in writing to the Client, who shall endeavour to resolve the dispute amicably and render a decision within 30 days. The period of 30 days shall be reckoned from the date of receipt of intimation of the dispute by the Client.

Save as hereinafter provided, in respect of a dispute so referred, the decision of the

Client shall be final and binding upon the Parties until the completion of the Contract and shall forthwith be given effect to by the Contractor who shall proceed with the Contract with all due diligence, whether or not either Party has sought Conciliation/arbitration of the dispute as hereinafter provided.

The Parties agree to use reasonable efforts to resolve all disputes equitably and in good

faith. 18.2 Conciliation:

(i) If the party is dissatisfied with the decision rendered by the Client, or if the Client omits or declines to render a decision within the said period of 30 days, then within a further period of 30 days, the dissatisfied Party shall require by a notification that the dispute be referred to Conciliation in the manner as per the ‘NLC Conciliation Rules’, copy of which is available with the NLC offices and the Bidders/ Contractors shall abide by the NLC Conciliation Rules’ for resolving any dispute arising out of this contract. Such a notification shall be in writing and it shall be duly served on the other party. Failure to invoke the Conciliation within the time stipulated shall debar the party from seeking reference to Conciliation.

(ii) Except as otherwise provided in this clause, any dispute arising out of or

relating to this agreement, or the breach, termination or validity thereof, shall be settled by Conciliation in accordance with ‘NLC Conciliation Rules’. The Conciliation shall be held at Neyveli / Chennai or in a place with in India mutually agreed by the parties. The Conciliation proceedings shall be conducted, and the award shall be rendered in English. The award shall state the reasons upon which it is based.

(iii) There shall be three Conciliators, who will be appointed as per Section-5 of the ‘NLC Conciliation Rules’.

(iv) The Contract agreement / Purchase order conditions and the rights and obligations of the Parties, shall remain in full force and effect during the Conciliation proceedings. Supplies and / or services under the Contract shall, if reasonably possible, continue during the Conciliation proceedings.

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(v) For the purpose of this clause, the term ‘dispute’ shall include a demand or

difference of any kind whatsoever, arising out of the Contract and respecting the performance of the Contract, whether during the Contract period including extensions if any, or after completion, and whether before or after termination, abandonment or breach of the Contract. (Except as to any matter, the decision of which is specifically or otherwise provided for in any of these conditions).

(vi) Only in case of failure to resolve the dispute through Conciliation, Arbitration can be resorted to or judicial remedy can be sought for.

(vii) Once the settlement agreement is signed with respect to a dispute, the same dispute

is not subject to further appeal through Arbitration or Judicial Proceedings. (viii) Anything not found included in the ‘NLC Conciliation Rules’, but necessary to

conduct the conciliation proceedings will be dealt with as per the provisions of the ‘Arbitration and Conciliation Act 1996 -Part-III’ or as per the statutory provisions modified from time to time.

19.0 ARBITRATION OF DISPUTES

19.1 In case of failure to resolve the dispute through Conciliation, Arbitration can be

resorted to within a further period of 30 days of failure; the dissatisfied Party may require by a notification that the dispute be referred to arbitration in the manner hereinafter provided.

19.1 Between CLIENT & another Central PSE

In the event of any dispute or difference, relating to the interpretation and application of the provisions of the Contract, such dispute or difference shall be referred by either party for arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India In-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to the Arbitration under this Clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary / Additional Secretary when so authorised by the Law Secretary, whose decision shall bind the parties finally and conclusively. The parties in the dispute will share equally the cost of arbitration as intimated by the Arbitrator. The procedure to be adopted in the case of arbitration is as per the Government’s circular No. 4 (1)/2011-DPE (PMA)-GL dated 12.06.2013.

19.2 FOR OTHER CONTRACTORS 19.2.1 The dissatisfied Party may require by a notification that the dispute be referred to

arbitration in the manner hereinafter provided. Such a notification shall be in writing and it shall be duly served on the other party. Failure or omission to so refer the dispute for arbitration within the said further period of 30 days shall constitute waiver by the dissatisfied party of the right to invoke the arbitration provision herein for dispute resolution.

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19.2.2 Except as otherwise provided in this clause, any dispute arising out of or relating to this Contract or the breach, termination or validity thereof between the parties, shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act 1996 (the “Act”). The arbitration shall be held at Neyveli or at Chennai, in Tamil Nadu. The arbitration proceedings shall be conducted and the award shall be rendered in English. The award shall state the reasons upon which it is based. Interest, if awarded by the arbitrators, shall be at a rate not exceeding the Cash Credit rate prevailing on the date of the award.

19.2.3 There shall be sole Arbitrator to be appointed by the parties after mutual consent. In

case of not arriving at consent to appoint as above, such sole Arbitrator will be appointed as per the provisions of Arbitration and Conciliation Act 1996.

19.2.4 This agreement and the rights and obligations of the parties, shall remain in full force

and effect pending the award in any arbitration proceedings. Supplies and/or services under the contract shall, if reasonably possible, continue during the arbitration proceedings.

19.2.5 For the purpose of this clause, the term ‘dispute’ shall include a demand or difference

of any kind whatsoever, arising out of the Contract and respecting the performance of the Contract, whether during the ‘Contract Period’ including extensions if any, or after completion, and whether before or after termination, abandonment or breach of the Contract (except as to any matter, the decision of which is specifically otherwise provided for in Contract).

19.2.6 The party in whose favour the award is passed shall be entitled to recover the entire

costs of arbitration from other party. The arbitrators shall indicate the above in their award clearly.

20.0 PATENTS The Contractor shall indemnify the CLIENT in the event of contingencies arising on

account of infringement of patent rights and other claims by third parties in respect of design, data, drawings furnished by the Contractor. Any royalty charges that may have to be paid shall also be borne by the Contractor.

21.0 TERMINATION Client may terminate this contract under the circumstances detailed below: 21.1 The contract for consultancy services shall be liable for termination by the CLIENT if

the conduct or performance of the Contractor and / or their personnel is considered by the CLIENT to be prejudicial to its interest.

21.2 CLIENT at any time, on finding that the performance of services rendered by the

Contractor under this contract is not satisfactory, will give a written notice to the Contractor to take appropriate remedial steps. If remedial steps are not taken within 15 days of receipt of the notice or are not to the CLIENT’s satisfaction, then CLIENT reserves the right to terminate the contract.

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21.3 Upon termination of the contract at any time for whatsoever reason by the CLIENT the proportionate amount shall be payable to the Contractor for the services performed satisfactorily as per Contract, until the date of termination. However, in the event of the Contract being terminated for the reasons attributable to the Contractor and awarded to another Contractor, the difference, if any, shall be recovered from the Contractor and it shall be lawful for the client to set off the said difference or any other dues from and out of any payment due from the Client to the Contractor. Besides, the Client shall also be entitled to blacklist the Contractor for its future transactions.

22.0 FORECLOSURE OF CONTRACT The contract for the consultancy services shall be terminated by the CLIENT if due to

any unforeseen circumstances which may lead to the foreclosure of the project such as resource crunch, non-availability of funds, non-availability of inputs for the power plant and for other administrative reasons etc. CLIENT shall however give 30 days prior written notice to the Contractor of the effective date of termination.

The CLIENT shall pay to the Contractor such amounts as shall have accrued or

become payable to them and/or unpaid on this effective date of such termination. Contractor will be compensated only for the quantum of work/services he has rendered till effective date of foreclosure. Client shall not be liable for any other claims like compensation for loss in profit, compensation for loss of reputation etc. or any other consequential damages claimed by the Contractor.

23.0 TAXES & DUTIES ETC. 23.1 All taxes and duties, statutory levies payable in India except service tax arising out of

this Contract shall be included in the prices and shall be borne and paid by the Contractor. No claim will be entertained by the CLIENT whatsoever on these accounts. Income tax TDS shall be recovered at the rate applicable on the date of payment. The bidder shall furnish the PAN details in offer.

23.2 Service Tax: i. If the Bidder is a non-resident:-

a. Service tax under the appropriate Column of the Price of Schedule shall include service tax payable in India whether or not the bidder has an office in India.

b. if the successful Bidder has an Office in India, the successful Bidder shall claim Service Tax along with the Bill for the service rendered subject to the ceiling indicated in price schedule.

c. If the successful Bidder does not have an Office in India, the Service Tax will be remitted by the Client at actuals subject to the ceiling quoted in price schedule. The bidder shall clearly specify in the Price Schedule by note whether or not he has an office in India.

ii. If the bidder is a resident Indian:- a. The Service Tax shall be claimed by the Contractor subject to the ceiling

indicated in the price schedule against submission of Invoices / Bills containing all details viz.

(a) Name of the registered person / Company / Firm, (b) Address, (c) Service Tax Registration Number, (d) Description of the taxable service

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(e) Classification of the taxable service (f) Value of the taxable service and (g) Service Tax charged – separately indicating the education cess and the SHE cess by the Contractor subject to the following conditions:

(i) Submission of service tax registration certificate. The Contractor has to certify that in the previous year value of the service rendered by them was not less than Rupees ten lakhs

b. The Service tax lump sum indicated in the price schedule is as per the rates

prevailing one month prior to the original scheduled date of opening of tender (Part-I). Any variation in the percentage of service tax +/- within the contact period with respect to the lump sum will be to NLC's account and any new indirect taxes imposed by State/Central Governments within the contract period shall be payable extra by NLC against documentary evidence produced by the Contractor.

23.3 Any new taxes and duties imposed after the first day of the month which is one month prior to the scheduled date of tender opening, shall be to CLIENT’s account.

23.4 However, tax deduction at source will be effected by the CLIENT before making

payment as a statutory obligation wherever applicable. 23.5 In case CLIENT makes any payment of taxes and duties or any other statutory levies in

this connection, the CLIENT will furnish to Contractor the original tax receipts in connection with payments made under this Contract and the same shall be adjusted with Contract price.

24.0 LANGUAGE English language will be used in all written communications between the CLIENT and

the Contractor with respect to the services to be performed hereunder and with respect to all documents procured or prepared by the Contractor in connection with the Project.

25.0 ADDITIONAL SERVICES Contractor will make available on NLC's written request such additional services in

addition to those described in the section “Scope of work” and on such terms and conditions as may be mutually agreed upon by and between the CLIENT and the Contractor.

26.0 ASSIGNMENT AND SUBLETING OF CONTRACT 26.1 The Contractor should not sub-contract the work on back to back basis. The Contractor

shall not assign the Contract or any part thereof for his any benefit or interest.\ 26.2 The Contractor will select, if so needed any sub-contractor with the approval of the

CLIENT within one month from the date of Letter of Award. Any such action without the concurrence of the CLIENT shall be invalid. The CLIENT will approve / reject within 30 (Thirty) days in writing upon the receipt of proposals along with all supporting details. Thereupon the Contractor shall be responsible for transmitting all pertinent data of the so approved sub-Contractor.

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26.3 The Contractor shall be responsible for transmitting all the pertinent data of all Contract terms and conditions with his Sub-Contractors for strict adherence.

26.4 The approval extended by the CLIENT in selecting Sub-Contractors recommended by the Contractor shall not discharge the later from his Contract obligations. The Contractor shall remain solely liable for any action, deficiency, and/or negligence on the part of his Sub- Contractors. The Contractor shall change his sub-Contractor during the execution of the contract, upon instruction from the CLIENT, if their work is not to the satisfaction of the CLIENT.

26.5 The Contractor shall submit to the CLIENT unpriced copies of purchase orders with technical specifications included in all orders covered under Clause- 26.2 placed on Sub Contractors as soon as the respective orders have been placed by the Contractor.

26.6 In the event certain obligations extended by a Sub- Contractor to the Contractor should extend beyond the guarantee period specified in the Contract, the CLIENT shall automatically be entitled to the benefit thereof.

26.7 In no event shall the CLIENT be deemed to have any Contractual obligations whatsoever in respect of Contractor's/ Sub-Contractors and/or title- holders of any sub-orders placed by the Contractor.

27.0 RETURN OF DOCUMENTS The Contractor shall be responsible for the return within reasonable time to the

CLIENT, all specifications, drawings, designs, pattern, certified models, etc. that might have been taken from the CLIENT in the course of execution of services under this contract for consultancy.

28.0 INDEMNITY Contractor shall be liable for and shall indemnify the CLIENT in respect of all damages

or injury to any of the Contractor’s personnel and/or property assigned to this Project.

29.0 OWNERSHIP OF DOCUMENTS 29.1 All drawings, tracings including reproducible, diagrams, designs and calculation in

special circumstances, specifications, material lists, flow sheets, patterns, computer diskettes/ CDs and other engineering documents prepared/collected by Contractor in connection with the services hereunder shall at all stages be and remain the properties of the CLIENT, and while in the custody of the Contractor shall be fully available to the CLIENT and its duly authorized representatives. On completion of the assignment, all the drawings, etc. mentioned herein above shall be delivered by the Contractor to the CLIENT. On the completion of each specific item of work Contractor will make available to the CLIENT, any of the above documents/drawings as and when needed by the CLIENT. This clause shall not be applicable for those information, which are in public domain or already in possession of the Contractor or independently developed by the Contractor or obtained by the Contractor from any third party till receipt of 60 % payment equivalent to the contract value by the Contractor.

29.2 The technical data, information, drawings, specifications, records and other documents

shall not be divulged and or disclosed to any third party or used for any other purpose whatsoever without the Client’s previous consent in writing except to the extent required for execution of this contract. This clause shall not be applicable for that information, which is in public domain.

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30.0 APPROVALS Any approval to be obtained by either party from the other under this contract for

contract services shall not be unreasonably denied or with-held. 31.0 CLEARANCE FROM STATUTORY AUTHORITIES The Contractor shall provide all the required technical assistance to the CLIENT by

furnishing typical data, calculations and drawings or such information sought by Statutory Authorities for obtaining clearance from Statutory Authorities.

32.0 EFFECTIVE DATE OF CONTRACT AND PERIOD OF CONTRACT This Contract shall be deemed to have become effective from the date of Letter of

Award of the CLIENT, which will form part of the Contract, and the period of contract shall be valid till the completion of work and all clearance obtained.

33.0 DEFECTS IN CONTRACTOR’S WORK No compensation shall be paid to the Contractor for rectification of errors attributable

to the Contractor. If, consequent to the defects in Contractor’s works the Contractor’s personnel have to make trips, they will do so at their own cost. Any loss or damage sustained by the Client on account of such defect shall be payable by the Contractor.

34.0 DELETION NLC reserves the right to delete any item/item of work from the scope as covered in

this contract and execute the same by themselves or through any other agency separately appointed by them. This provision shall apply at any time during the period of the contract. The amount of compensation to be deducted on account of such deletion will be determined by the CLIENT based on the work load involved. The Contractor shall provide such documentary evidence as may be needed by the CLIENT to determine the quantum of such compensation. However the decision of the CLIENT in this regard shall be final and binding on the Contractor.

35.0 ACCESS TO CONTRACTOR’S OFFICES CLIENT’s representatives shall have access to Contractor’s offices for inspection of

drawings, specifications, design etc. without prior intimation. Such inspection by the CLIENT shall not relieve the Contractor of any obligation under this contract.

36.0 JURISDICTION OF CONTRACT The laws applicable to this contract shall be the laws in force in India. The civil courts

having ordinary original jurisdiction over Neyveli shall alone have exclusive jurisdiction over all matters concerning this contract.

37.0 CORRESPONDENCE All communications and notices to be given by either party to the other in connection

with the rights and obligations of both parties under or pertaining to this contract shall be sent by post, postage prepaid and if given by fax, e-mail, telephone or verbally, they shall be confirmed by Registered Letter/Speed Post, postage prepaid.

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38.0 NUMBER OF VISITS BY THE CONTRACTOR: The entire cost of all the visits required to complete the entire scope of work shall be

included in the lump sum price quoted. 39.0 MANNER OF SIGNING OF CONTRACT:

39.1 On the bid being accepted by the CLIENT, Contract will be signed by and between the CLIENT and the successful bidder at the earliest but not later than 3 months from the CLIENT’s letter of Award. All payments shall be made only after signing of Contract.

39.2 The Contractor shall present himself for signing the Contract with proper Power of

Attorney and other requisite materials. The CLIENT shall prepare two (2) originals of Contract for signing the Contract. After signing the Contract, one original will be given to the Contractor and the other original will be retained by the CLIENT. Within 20 days after signing the Contract, the Contractor shall make twenty (20) true copies of the Contract document with all enclosures neatly bound to the CLIENT free of charge.

(Specimen of Contract Agreement form is at Section- H)

***

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SECTION - D

FORMAT OF GUARANTEES

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BID GUARANTEE FORM

NOTE: 1.0 This guarantee shall be furnished by a Nationalised Bank/ Scheduled Bank,

authorised by Reserve Bank of India (except Bank of China) to issue a Bank Guarantee in the same format as given below. NLC reserves its rights to reject the Bank Guarantee if the same is not in the specified format.

2.0 Unless otherwise expressly stated, the bid guarantee shall be extended only on behalf of the bidder on whose name the tender documents were issued.

3.0 The bid and other documents shall be submitted only by the bidder on whose name the tender document is issued.

4.0 The bid guarantee shall be executed only as per the format prescribed by NLC. In the event of any deviation the decision of NLC as to whether the same could be accepted or not is final and binding on the bidder.

5.0 The bank guarantee shall be furnished on stamp paper of value not less than `.80.00. For foreign Bank Guarantees, no stamp paper value is required.

6.0 In the case of foreign bidder, the Bid Guarantee amount shall be in their foreign currency equivalent to US$ specified in the tender or in US$. and shall be furnished by a foreign bank authorised by Reserve Bank of India.

7.0 The stamp paper shall have been purchased in the Name of the Bank executing the Guarantee.

8.0 NLC reserves its right to reject the offer of the bidder, if any of the above conditions are not adhered to while furnishing the bid.

REF: ………… DATE BANK GUARANTEE NO: To THE NEYVELI LIGNITE CORPORATION LTD., NEYVELI-607801 CUDDALORE DIST., TAMIL NADU. Dear Sirs, In accordance with your “Invitation to Bid” under your Tender No…….

M/s………………….. herein after called the Bidder, with the following Directors on their

Board of Directors/partners of the firm:

1…………………. 2…………………..

3…………………. 4…………………..

5………………… 6…………………..

7………………… 8…………………..

9…………………. 10………………….

wish to participate in the said bid for furnishing the following:-

As an irrevocable Bank Guarantee against Bid Guarantee for a sum of INR/FC

………….. (in words and figures) valid for 10 months from …………………(the date of bid

opening) is required to be submitted by the Bidder as a condition precedent for participation

in the said bid, which amount is liable to be forfeited on the happening of any contingencies

mentioned in the Bid documents.

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We the …………. Bank at ………. Having our Head Office at ………. (Local address)

guarantee and undertake to pay immediately on demand by Neyveli Lignite Corporation

Limited, stating that

a) the bid has been unilaterally revoked/revised/modified/withdrawn before expiry of

bid validity period, by the Bidder(s); or

b) the price(s) have been unilaterally increased or altered after the bid opening and

during validity of the offer, by the Bidder; or

c) On issue of LOA by NLC to the bidder, the bidder has omitted or refused to accept

the said LOA within the stated period and/or execute the Contract agreement; or

d) The Bidder, after issue of L+OA, omitted or failed to submit Contract Performance

Guarantee within the specified period, or

e) The Bidder furnished forged/Bogus certificate

the amount of …. to the said Neyveli Lignite Corporation Limited without any

reservation, protest demur and recourse. Any such demand by the Neyveli Lignite Corporation

Limited shall be conclusive and binding on the bank irrespective of any dispute or difference

raised by the bidder.

This guarantee shall be irrevocable and shall remain valid upto ……….…If any further

extension to this guarantee is required the same shall be extended to such required period (not

exceeding one year) on receiving instruction from M/s……………………….on whose behalf

this guarantee is issued.

In witness whereof the Bank, through its authorized Officer has set its hand and stamp on this

……..day of …. at …….

WITNESS (Signature) 1.Signature…….. Name in Block Letters

Name in (Block Letters) Occupation Address (Designation)……… 2. Signature Staff Code No…….. Name in Block Letters (Bank’s Seal)

Occupation Address Attorney as per Power of

Attorney No. Dated.

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FORMAT OF CONTRACT PERFORMANCE GUARANTEE

NOTE:

1. This guarantee should be furnished by a nationalized bank / Scheduled bank in

India, authorised by RBI, except Bank of China, in the format as given below. 2. The bank guarantee should be furnished on stamp paper of value not less than Rs.

80/- as per Stamp Act. For foreign Bank Guarantees, no stamp paper value is required.

3. The stamp paper shall have been purchased in the Name of the Bank executing the Guarantee.

4. In the case of foreign bidder, the Bank Guarantee may be furnished by a foreign bank authorised by RBI.

Bank Guarantee No:

Date : To M/s. Neyveli Lignite Corporation Ltd., Corporate Office, Block-1, Neyveli - 607 801. Cuddalore Dist., Tamil Nadu. Dear Sirs,

1.0 In consideration of the Neyveli Lignite Corporation Limited, Neyveli, hereinafter referred to as the CLIENT, which expression shall, unless repugnant to the context or meaning, thereof include its successors, representatives and assignees, having awarded in favour of M/s. ……………………... having registered office at ……………………………..hereinafter referred to as the CONTRACTOR, which expression shall, unless repugnant to the context or meaning thereof include its successors, administrators, representatives and assignees, a Contract, hereinafter referred as the "CONTRACT" for the ………………….. on terms and conditions set out interalia, in the Client’s Contract/Letter of Award No. ………….. dated ……… as well as 'CONTRACT' documents, valued at Rs. …………. (Rupees ……………………….) and the same having been unequivocally accepted by the CONTRACTOR and the CONTRACTOR having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire "Contract" including the Warranty obligations/ liabilities under the Contract equivalent to 10% of the said value of the Contract to the CLIENT amounting to Rs. ………………….. (Rupees ………………..) as Contract Security in the form of a Bank Guarantee.

2.0 We……………………..(Name)………………………(Address) ……………………

hereinafter referred to as the "Bank" which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representatives and assignees do hereby irrevocably guarantee and undertake to pay the CLIENT merely on demand without any previous notice and without any demur and without referring to any other source, any and all monies payable by the CONTRACTOR by reason of any breach by the said CONTRACTOR of any of the terms and conditions of the said

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CONTRACT including non-execution of the 'CONTRACT AGREEMENT', to the extent of 10% of the Contract price at any time upto ……………...(day/month/year). Any such demand made by the CLIENT on the Bank shall be conclusive and binding, absolute and unequivocal not-withstanding any difference between the CLIENT and the CONTRACTOR or any dispute or disputes raised/ pending before any Court, Tribunal, Arbitrator or any other authority. The Bank agrees that the guarantee herein contained shall continue to be enforceable till this sum due to the CLIENT is fully paid and claims satisfied or till the CLIENT discharges this guarantee.

3.0 The Bank further irrevocably guarantees and undertakes to pay on mere demand

without any demur, reservation, contest, recourse or protest any and all monies due and payable by the CONTRACTOR by reasons of non-fulfillment for the successful and satisfactory services furnished under the said Contract as per the specifications and documents.

4.0 The CLIENT 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 of performance by the CONTRACTOR. The Bank shall not be released from its liabilities under these presents by any exercise of the CLIENT of the liberty with reference to the matter aforesaid.

5.0 The CLIENT shall have the fullest liberty, without affecting 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 CONTRACTOR and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied in the CONTRACT between the CLIENT and the CONTRACTOR or any other course or remedy or security available to the CLIENT and the BANK shall not be released of its obligations/ liabilities under these presents by any exercise by the CLIENT of his liberty with reference to the matters aforesaid or any of them or by reasons of any other act or forbearance or other acts of omission or commission on the part of the CLIENT or any other indulgence shown by the CLIENT or by any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the BANK guarantee. The Bank further undertakes not to revoke this guarantee during its currency without the previous consent of the CLIENT.

6.0 The CLIENT shall have the fullest liberty to lodge their claims for encashment of the

guaranteed sum in full or in part, in the manner suitable to them. However payment made for a sum lesser than the guaranteed amount shall not relieve or discharge the bank from their obligations guaranteed hereunder till be contractual obligations are fully performed by the CONTRACTOR or the Bank Guarantee is discharged by the CLIENT as the case may be and the Bank Guarantee shall continue to be in force till such time.

6.1 The Bank further agrees that the decision of the CLIENT as to the failure on the part of

the CONTRACTOR to fulfill their obligations as aforesaid and/or as to the amount payable by the BANK to the CLIENT hereunder shall be final, conclusive and binding on the BANK.

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7.0 The BANK also agrees that the CLIENT shall be entitled at his option to enforce this guarantee against the BANK as a principal debtor, in the first instance notwithstanding any other security or guarantee that it may have in relation to the CONTRACTOR'S liabilities.

8.0 This guarantee will not be discharged due to the change in the constitution of the BANK or the “CONTRACTOR(S)”

9.0 Notwithstanding anything contained herein:

a. Our liability under this bank guarantee shall not exceed ………(in words) b. This bank guarantee shall be valid upto ……….and c. We are liable to pay the guaranteed amount or any part thereof under this bank guarantee only and only if you serve upon us a written claim or demand on or before ……………..

Dated at ………… this ……….. day of ………… 201 . WITNESSES SIGNATURE

1. (Printed Name) (Signature with Name in Block Designation letters and with Designation) Staff Code No.

Banker's Common Seal

2. (Signature with Name in Block Attorney as per Power of letters and with Designation) Attorney No

Dated

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FORMAT OF BANK GUARANTEE FOR BACKUP FAITHFUL PERFORMANCE

OF THE CONTRACT

(To be furnished by the Consortium partner)

Note:- 1. This guarantee has to be furnished by a Nationalised Bank / Scheduled Bank

Authorised by RBI (Other than Bank of China). 2. The Bank Guarantee should be furnished on Stamp paper of value, not less than

Rs.80.00 as per Stamp Act. 3. The stamp papers should be purchased in the name of Bank executing the guarantee. 4. In the case of foreign bidder, the Bank Guarantee may be furnished by a foreign Bank

authorised by RBI. DATE:

Bank Guarantee No. To M/s. Neyveli Lignite Corporation Limited, Block – 1, Neyveli - 607 801, CUDDALORE Dist., Tamil Nadu. Dear Sirs, 1.0 In consideration of the Neyveli Lignite Corporation Limited, Neyveli, hereinafter

referred to as ‘the NLC’, which expression shall, unless repugnant to the context or meaning, thereof include its successors, administrators, representatives and assignees, having awarded in favour of M/s. ---------------------having office at ................ , hereinafter referred to as the ‘Contractor’, which expression shall unless repugnant to the context or meaning thereof include its successors, administrators, representatives and assignees, a Contract, hereinafter referred as the “Contract", which expression shall include amendments if any issued from time to time, for ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ on terms and conditions set out interalia, in the NLC`s Contract /Letter of Award No......................... dated ...............as well as the "Contract" documents, valued at Rs. ........... ............ ..(in words) and the same having been unequivocally accepted by the Contractor and pursuant to the one of the Contract Condition that the Consortium partner of the Contractor (M/s --------------------------------) having agreed to provide a back-up Contract Performance Guarantee for the faithful performance of the entire Contract including the liabilities under the Contract, equivalent to 5 % of the said value of the Contract to the NLC, amounting to Rs. ....................................... (in words), as contract security in the form of a Bank Guarantee.

2.0 We, .............. (Name).................. (Address) having registered and Head Office at..................................................... hereinafter referred to as 'the Bank' which expression shall, unless repugnant to the context or meaning, thereof include its successors, administrators, representatives and assignees, do hereby irrevocably guarantee and undertake to pay the NLC merely on demand without any

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previous notice and without any demur and without referring to any other source, any and all monies payable by the Consortium partner on behalf of the Contractor by reason of any breach by the said Contractor of any of the terms and conditions of the said Contract including non-execution of the "Contract Agreement" to the extent of 5% of the Contract Price, and adherence to Time Schedule stipulated at any time upto ....... (day /month/ year). Any such demand made by the NLC on the Bank shall be conclusive and binding, absolute and unequivocal not withstanding any disputes raised/pending before any court, tribunal, arbitrator or any other authority. The Bank agrees that the guarantee herein contained shall continue to be enforceable till this sum due to the NLC is fully paid and claims satisfied or till the NLC discharges this Guarantee.

3.0 The Bank further irrevocably guarantees and undertakes to pay on mere demand, without any demur, reservation, contest, recourse or protest any and all any and all monies due and payable by the Consortium partner on behalf of the Contractor by reasons of non-fulfilment of any of the Contractual obligations.

4.0 The NLC 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 of performance by the Contractor. The Bank shall not be released from its liabilities under these presents by any exercise of the NLC of the liberty with reference to the matter aforesaid.

5.0 The NLC shall have the fullest liberty, without affecting 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 Associate/ Collaborator/Consortium member or Contractor and to exercise the same at any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied in the Contract between the NLC and the Contractor or any other course or remedy or security available to the NLC and the Bank shall not be released of its obligations/ liabilities under these presents by any exercise by the NLC of his liberty with reference to the matters aforesaid or any of them or by reasons of any other act or forbearance or other acts of omission or commission on part of the NLC or any other indulgence shown by the NLC or by any other matter or thing whatsoever which under law would, but for this provision, have the effect of relieving the Bank Guarantee. The Bank further undertakes not to revoke this guarantee during its currency without the previous consent of the NLC.

6.0 The CLIENT shall have the fullest liberty to lodge their claims for encashments of the

guaranteed sum in full or in part, in the manner suitable to them. However payment made for a sum lesser than the guaranteed amount shall not relieve or discharge the bank from their obligations guaranteed hereunder till the contractual obligations are fully performed by the Consortium partner on behalf of the Contractor or the Bank guarantee is discharged by the CLIENT as the case may be and the Bank Guarantee shall continue to be in force till such time.

6.1 The Bank further agrees that, the decision of the NLC as to the failure on the part of the

Consortium partner on behalf of the Contractor to fulfil their obligations as aforesaid and/or as to the amount payable by the Bank to the NLC hereunder shall be final, conclusive and binding on the Bank.

7.0 The Bank also agrees that the NLC shall be entitled at his option to enforce this guarantee against the BANK as a principal debtor, in the first instance notwithstanding any other Security or guarantee that it may have in relation to the Consortium partner or the Contractor`s liabilities.

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8.0 This guarantee will not be discharged due to the change in the constitution of the Bank or the Consortium partner / Contractor(s).

9.0 Notwithstanding anything contained herein: a. our liability under this bank guarantee shall not exceed ………… (in words)

b. this bank guarantee shall be valid upto ……………..; and c. we are liable to pay the guaranteed amount or any part thereof under this bank

guarantee only and only if you serve upon us a written claim or demand on or before ………………

In witness whereof the Bank, through its authorised Officer aforesaid has set its hand and stamp on this ........day of ...200

WITNESS

1. Signature................. Signature.............

(Name in Block Letters)...... Printed Name..........

(Designation) Designation

Staff-Code No..........

Bank's Seal

Attorney as per power of

Attorney No……………..dt

2. Signature...................

(Name in Block Letters)........

(Designation)

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BANK GUARANTEE FORMAT FOR RELEASE OF

LIQUIDATED DAMAGES AMOUNT Note: 1. This guarantee has to be furnished by a Nationalised Bank/Scheduled Bank (Other than

Bank of China) authorised by RBI. 2. The Bank Guarantee should be furnished on Stamp Paper of value not less than Rs.80/-. 3. The Stamp Paper should have been purchased in the name of the Bank executing the

Guarantee. Bank Guarantee No……………. Date: …………………………... To Neyveli Lignite Corporation Limited, Block-1, Neyveli- 607 801, Cuddalore District, Tamil Nadu, INDIA. Dear Sirs, 1.0 Pursuant to the Contract No………. ……………………………..dated ……………

herein after referred to as “ THE CONTRACT” with M/s…………………………….. herein after referred to as “THE CONTRACTOR” which expression shall, unless repugnant to the context or meaning thereof, includes its successors, administrators representatives and assignees have concluded with M/s. Neyveli Lignite Corporation Limited, Neyveli, hereinafter referred to as the “NLC” (which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, representatives and assignees vide Contract No. . . . . and the subsequent amendments thereto the CONTRACTOR has undertaken to execute the work of……………. for a Total Contract Value of Rs……………. (Rupees…………………………… only).

2.0 Whereas as per Clause …………, of the Contract the CONTRACTOR should have completed the work of……………. by ……………. and as per the Clause ………… of the Contract, the NLC is entitled to levy Liquidated Damages for delays.

3.0 Whereas the CONTRACTOR failed to adhere to the Time Schedule or, stipulated in the Contract for which, the NLC has recovered a sum of Rs…………….. (Rupees………………………….only) towards Liquidated Damages for the delays in the execution of works in accordance with the Clause………..of the Contract.

4.0 Whereas the CONTRACTOR has requested the NLC for the release of the said amount withheld towards Liquidated Damages for the delay in execution of work to enable him to overcome the Liquidity problems. In consideration of the above request, the NLC has agreed to withheld 10% of the amount recoverable and to release 90% of amount recovered towards Liquidated Damages subject to the condition that the CONTRACTOR furnishes a Bank Guarantee for the100% of amount withheld towards Liquidated Damages.

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5.0 We,………. (bank)…………………………………………….(address) having out Head office at ………………hereinafter referred to as the “BANK”, which expression shall include its successors, representatives, administrators, and assignees do hereby irrevocably undertake that in the event of the NLC deciding not to waive the Liquidated Damages recovered from the CONTRACTOR and thereby deciding to finally confirm the levy and recover the amount of Liquidate Damages provisionally released, to pay the amount of Rs…………….(Rupees…………………….only) due and payable under this guarantee to the NLC without any demur, merely on demand from the NLC. Any such demand made by the NLC on the Bank shall be conclusive and binding, absolute and unequivocal as regards the amount due and payable by the Bank under this guarantee, notwithstanding any difference between the NLC and the CONTRACTOR or any dispute or disputes raised/ pending before any court, tribunal arbitrator or any other authority.

6.0 This guarantee will not be discharged due to the change in the constitution of the Bank or the CONTRACTOR(S).

7.0 The NLC 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 of performance by the CONTRACTOR. The Bank shall not be released from its liabilities under these presents by any exercise of the NLC of the liberty with reference to the matter aforesaid.

8.0 We, the Bank also agree that the NLC shall be entitled at his option to enforce this Bank Guarantee against the Bank as a Principal debtor in the first instance notwithstanding any other security or guarantee that it may have in relation to the CONTRACTOR’S liabilities.

9.0 In any case our liability under this guarantee shall not exceed Rs…………….. (Rupees…………………………only). This guarantee will be valid upto……… (Scheduled date of completion of Contract) and shall be extended for such period as may be desired by M/s. . . . . . . . . . . . on whose behalf this guarantee has been given.

10.0 The Bank further agrees that the decision of the NLC as to the failure on the part of the CONTRCTOR to fulfil the contractual obligations stipulated in the said Contract and/ or to the amount payable by the Bank to the NLC shall be final conclusive and binding.

11.0 This guarantee is revocable only with the written consent of the NLC.

12.0 This guarantee deed must be returned us to upon the expiration of the guarantee or

after fulfilment of the obligations specified in the guarantee.

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13.0 Notwithstanding anything contained herein:

a. Our liability under this bank guarantee shall not exceed …………….(in words) b. This bank guarantee shall be valid upto …………………..: and c. We are liable to pay the guaranteed amount or any part thereof under this bank

guarantee only and only if you serve upon us a written claim or demand on or before…………..

Dated this………….. day of…………………… 200 Witness

1

Signature

Name in Block Letters

Occupation

Address

(Signature)

Name in Block Letters

Designation

Staff Code No.

2.

Signature

Name in Block Letters

Occupation

Address

(Banker’s seal)

Attorney as per Power of

Attorney No……………..

Dated:……………..

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SECTION-E

FORMAT OF SCHEDULE OF DEVIATIONS

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------------------------------------------------------------------------------------------- SCHEDULE OF DEVIATION

FROM TECHNICAL SPECIFICATION. ------------------------------------------------------------------------------------------- All deviations from the scope of work shall be filled in by the Bidder Clause by Clause in this Schedule.

SECTION CLAUSE No. DEVIATION TAKEN

The Bidder hereby certifies that the above mentioned are the only deviations from scope of work of the tender. SIGNATURE

DESIGNATION

COMPANY SEAL

COMPANY

DATE

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-------------------------------------------------------------------------------------------

SCHEDULE OF DEVIATION FROM COMMERCIAL CONDITIONS

------------------------------------------------------------------------------------------- All deviations from the commercial conditions shall be filled in by the Bidder Clause by Clause in this Schedule.

SECTION CLAUSE No. DEVIATION TAKEN

The Bidder hereby certifies that the above mentioned are the only deviations from commercial conditions of the tender.

SIGNATURE

DESIGNATION

COMPANY SEAL

COMPANY

DATE

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SECTION-F

TECHNICAL SPECIFICATION

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I. BASIC AND TECHNICAL INFORMATION 1. Name of the Block Pachwara South

2. Block Area (Sq.Kms)

6.50 Sq.Km (ToR Sanctioned). 7.15 Sq. Kms Correction to be incorporated in the TOR issued by MOE &F & Final GR to be prepared. If the successful bidder could not complete the GR preparation, Mining Plan and obtain Environment Clearance before 23-02-2016, TOR has to be extended. Similarly, based on the boundary survey, the exact area ie., 6.5 or 7.15 Sq. Km. will be known. Amendment in TOR with regard to area may be needed. Hence, both extension and amendment in TOR are under the scope of the contractor. Based on TOR, one season AAQ data, water & soil analysis, etc., are available with NLC. This may be taken into account by the bidder before quoting. Details are in Annexure-I.

3. Coordinates Latitude: 24029’57” to 24031’26”N (approx.) Longitude: 87028’37” to 87030’14”E (approx.)

4. Toposheet No Survey of India Toposheet No. 72 P/6 5. Coal field Rajmahal Coal Field 6. State Jharkhand 7. District Dumka

8. Distance to nearby towns

Amrapara: 10 Kms Dumka : 60Km

9. Nearest Railway Station Murarai : 47 Km

10. Accessibility The area is approachable from Amrapara which is located along Dumka - Pakaur road.

11. Proposed drilling quantum (m) 10,000 metres (+/–30%)

12. Proposed Number of Boreholes

39 Nos.(Approx.); 3 Nos. of boreholes has been completed by CMPDIL. The details of which shall be made available in due course. [Total: 42 Nos. (Forty two only)]

13. Grid Spacing 400 metres

14. Depth Range of Boreholes 100 to 400 metres

15. General Terrain details Elevation ranges from 85m towards North West to 140 towards South East.

16. Geological Details

The Block is located in the southern part of the Pachwara basin in the central part of the Rajmahal group of coalfields. The coal bearing Barakar Formation consists of Coarse to pebbly sandstone, (often with shale and coal clasts), medium to fine grained (often felspathic) sandstone, sandy shale, grey shale, carbonaceous shale, alternation of grey shale and very fine-grained sandstone and coal seams. Surficial deposit in the block is represented by alluvial and residual soil. Thickness of this alluvial / residual soil cover is found to vary from about 4.85 m to 15.8 m in this block. Coal-bearing Barakar Formation covers nearly the entire stretch of the sector with N-S to NNW-SSE trending strike with generally rolling easterly dip of low magnitude (about 4°). Overburden thickness range: 7.00 to 35.20 m Coal seam : Depth of occurrence : 7.00-335.00 m Number of Seams sections: Nine Individual seams thickness Range: 0.50 to 15.55 m Cumulative seams thickness Range:3.25 to 58.54 m

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17. Previous Exploration

Regional Exploration done by GSI Meterage: 3036.70m Boreholes: 16 Nos Coal samples analysis : 145 nos

18. List of Enclosure I. Site Plan of Pachwara South coal block. II. SCOPE OF WORK FOR DETAILED EXPLORATION & DRILLING

Sl. No Item of Work Details of Work

1 Notification “Notification under section 4 (1) of CBA Act 1957”

2 Permission for drilling Permission for drilling in forest land falling in Coal Block area from MOEF&CC through Forest Department, Govt. of Jharkhand.

3

Core Drilling, Detailed Geological Mapping and Topographical Survey

i) 10,000 metres (+/–30%) of vertical Diamond core drilling in Standard Core Sizes (HQ/NQ/BQ) or equivalent sizes.

ii) Detailed drill core logging (Lithological characteristics, structural features, geotechnical properties, Rock Quality Designation (RQD).

iii) Sampling, Packing and Transportation of coal cores and representative Physico-mechanical test samples to laboratories for analysis.

iv) Sealing/plugging of boreholes v) Detailed Geological mapping on 1:4000/5000 scale

including out crops of different lithological units/coal seams, structural details etc.

vi) Topographical survey on 1:4000/5000 scale including survey of surface features, boreholes and determination of Reduced Level (RL) of current boreholes and contouring at 1.00 metre interval.

4 Geophysical Logging

Geophysical logging of all the boreholes with the following probes

a) Self /Spontaneous Potential (SP) - 10,000 metres (+/–30%)

b) Single Point Resident (SPR) - 10,000 metres (+/–30%) c) Natural Gamma-10,000 metres (+/–30%) d) Gamma-Gamma (Density) - 10,000 metres (+/–30%) e) Caliper- 10,000 metres (+/–30%) f) Neutron-Neutron- 10,000 metres (+/–30%)

5 Coal Analysis

Carrying out the following laboratory tests in a reputed accredited/ ISO certified laboratory. I. Band By Band Samples (As Received Basis)

a) Proximate Analysis (Moisture, Ash, VM & FC)-1500 samples

b) Gross Calorific Value-1500 samples c) In situ moisture at site within 24 hours-1500 samples.

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Sl. No Item of Work Details of Work

II. Specify Gravity (as received basis)-500 samples a) Total & Distribution of Sulphur-500 samples b) Ultimate Analysis- 500 samples c) Ash Analysis- 500 samples d) Ash Fusion Temperature Range- 500 samples e) Hard Groove Index (HGI)

6 Physico-Mechanical Tests

Sampling and packaging of non-coal core samples from 4 representative boreholes (a minimum of 30 samples), transportation and carrying out the following Physico- mechanical tests in a reputed accredited/ ISO certified laboratory/ Educational institution and incorporation of the test report in the GR. (a) RQD (b) Density (c) Porosity (d) Compressive Strength (e) Tensile Strength (f) Cohesion (g) Angle of internal friction (h) Young’s modulus of elasticity (i) Point load test (j) Slake durability test

7 Geological Modeling

Geological Block modelling/Grid modelling with Minex Software including all available Geological and Geophysical data of the block and submission of soft copy of the geological modelling report of the block.

8 Preparation and submission of Geological Report

Preparation and submission of Interim Geological Note (IGN)-2 copies, Draft Geological Report (DGR) - 1 copy and Final Geological Report (FGR) -10 copies with one soft electronic copy in editable format of text, annexure and plates

The guidelines circulated by MOC vide circular No.17022/3/07-CRC on 29.08.2007 shall be followed. Conditions for Detailed Drilling & GR preparation: a) The successful Bidder/Contractor shall provide its own machinery, equipment, personnel

and take up the physical execution of the work and complete the same. b) The successful Bidder/Contractor shall make its own arrangement for accommodation/site

office, site preparation, providing water supply for drilling, power, lighting etc. at drill site.

c) The successful Bidder/Contractor will make its own arrangement for availability of land, clear entry, exit and transit to and from place of work, connected with the exploration work.

d) The successful Bidder/Contractor shall undertake Geological mapping on 1:4000/5000 scale, Carryout Survey and Preparation of topographical plan on 1:4000/5000 scale with contouring at 1 meter interval, Fixation of Reduce Level (RL) and coordinates of all current boreholes and incorporation of old boreholes as per coordinates available. Spot levels shall be taken at 50 m interval and also at closer interval wherever abrupt change in ground level is observed. All surface features contours, including control station, boundary pillars, forest area, river boundary etc shall be shown in topographical maps using conventional symbols adopted in Survey of India maps. All survey shall be in reference to WGS datum and UTM projection. The UTM coordinates of all survey points along with coordinate convention into DMS and coal grid coordinates shall also be given. The available coordinates of boundary pillars of the block and the old GSI boreholes (to be provided by NUPPL) shall also be incorporated in the map.

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e) The successful Bidder/Contractor shall make all efforts to obtain core recovery of more than 90% in coal and more than 80% in other formation subject to formation condition. In case core recovery is less than 90% in coal horizon and less than 80% in overburden horizon the reason for the same shall be mutually decided and in case the same is agreed to be due to lapses on part of the successful Bidder/Contractor, The successful Bidder/Contractor shall undertake re-drilling at no additional expenses to NUPPL. Even if in re-drilling desired core recovery is not obtained, NUPPL shall take a final view considering nearby borehole data, formation etc about payment for the borehole.

f) The successful Bidder/Contractor shall log all the boreholes drilled by The successful Bidder/Contractor geophysical and incorporate the geophysical and hydro-geological data in exploration report. Copies of geophysical logs shall be supplied to NUPPL in both hard copy and a digital copy in CD.

g) Representatives of NUPPL will inspect the drilling sites as and when required and The successful Bidder/Contractor shall keep all the records of drilling, survey, geological and geophysical works including core samples generated and dispatched to laboratory from each borehole.

h) The Coal core samples shall be properly packed in moisture proof polythene packs and transported to laboratory for analysis. If required NUPPL will carry out check analysis at Centre for Applied Research & Development (CARD) Laboratory, NUPPL for selected samples for cross checking the analysis carried out by Exploration Agency, for which necessary duplicate samples should be given to NUPPL, as and when required.

i) NUPPL shall handover the earlier exploration data to The successful Bidder/Contractor in soft copy form for processing and incorporation in the Geological Report.

j) Before the commencement of work, the locations of all the boreholes as well as the entire area to be covered for the studies under scope of work shall deem to have been approved by NUPPL and The successful Bidder/Contractor shall carry out the work as per the priority indicated by NUPPL.

k) After completion of drilling and Geophysical logging, boreholes should be property sealed/ plugged.

l) The successful Bidder/Contractor shall submit an Interim Geological Note (IGN) - 2 Copies after completion of 50% of the awarded quantum of drilling. After completion of works, a Draft Geological Report (DGR) - 1 Copy shall be submitted to NUPPL for scrutiny. NUPPL shall scrutinize the DGR and furnish its comments/observations within 3 weeks of receipt of the DGR. The successful Bidder/Contractor shall submit the Final Geological Report (FGR) in 10 copies after incorporating the suggestions, addition/deletion, indicated by NUPPL along with one soft electronic copy in editable format of text, annexure and plates.

m) NUPPL shall arrange to check and certify the completed works periodically and the depth of each borehole will be decided mainly based on the geophysical logging depth.

n) In case of partnership, JV Company, one of the firms will be a lead partner and other will be Second Partner/associates. The lead partner should have the responsibility of completing the entire work under the scope of work offered.

o) At least one of the JV/Partner Company should have the previous experience of Core Drilling, Geophysical logging, sampling, geological logging, preparation of Geological Report and / or Geological Modeling either in full or part among the works mentioned.

DELIVERABLES: 1) Monthly progress Report (MPR) in both hard & soft copy in respect of activity

completed during each month which includes

(a) Drilling & Geophysical logging

(b) Sampling, Analysis and Survey etc.

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(c) Concise litho-logs of completed borehole with survey coordinates and RL should be enclosed.

2) Joint Measurement Certificate for drilling and geophysical logging signed by Representative of NUPPL and Successful Bidder to be submitted for the completed boreholes for every month.

3) Submission of Interim Geological Note (IGN) - 2 Copies, Draft Geological (DGR) - 1 Copy and Final Geological Report (FGR) – 10 Copies with soft copy in CD and GEO Model in Minex Software.

III. SCOPE OF WORK FOR DGPS SURVEY

• Physical survey of block boundary and CMPDIL approved coal block plan. • Carrying out the Differential Global Positioning System (DGPS) for fixing and

collection of coordinates for block boundary & GSI’s boreholes locations and erecting concrete pillars for boundary points at Pachwara south Coal Block in the forest land and proposed mining lease area as per Mining Plan. Preparation of shape file, hard and soft copy to be kept as an attachment with application for forest clearance and with application for mining lease.

a) Carrying out Differential Global Positioning System (DGPS) survey as per standard practice

b) Fixing and measurement of coordinates of boundary 100 points & 16 nos of GSI borehole location as per Govt. norms.

c) Establishment of concrete pillars of all boundary points fixed (100 points) d) Submission of detailed DGPS survey report and get it approved from State

Govt. • Size and Dimension of the Boundary Pillars

The boundary pillars will be adhered as per the guidelines issued by Indian Bureau of Mines (IBM) vide no 279 (2)/87-Mds.Vol IX dated 31.10.2011.

METHODOLOGY AND TERMS & CONDITIONS:

• All surveys shall be in reference to World Geodetic System (WGS) datum and Universal Transfer Mercator (UTM) projects. Slope/Grid distance and Azimuth between the stations as well as coordinates in WGS-84 system data sheets need to be produced. GPS traverse rover survey shall be conducted from primary control station which shall be well distributed in the block. Distance between the base station and rover stations is required to be kept properly. For the purpose of height control all the primary control stations shall be connected to Survey of India GTS benchmark if available.

• DGPS survey shall ensure high accuracy in the positioning of control station within + or – 20 mm in northings and eastings and + or – 50 mm in elevation

• A professional qualified surveyor should be appointed to take responsibility of survey control and setting out works and establishing and maintenance of control stations following an approved work methodology.

• Surveyor shall maintain a field book. All relevant observations shall be noted and field sketches prepared in the field book only. This field book shall form the part of report submission.

• Photo images of survey locations with instruments, survey diagram of the block, UTM coordinates of all the points along with the coordinate conversion into DMS and coal grid coordinates shall also be form of report submission.

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• Boundary concrete pillars need to be established over all boundary points fixed with number markings.

• Following system of construction of boundary pillar shall be adhered as per IBM circular referred in the last Para of the scope of work.

The maximum distance between two successive pillars should not be more than 100 m

All corner pillars should be of pyramid shape with base of 1 m and height of 2 m and should be placed 1 m above the ground and 1 m below the ground.

Distance and bearing of forward and backward pillars and latitudes and longitudes should be marked on the corner pillars.

• Draft report shall be submitted after completion of field survey. DELIVERABLES

1. The agency engaged for DGPS Survey shall be recognized/empanelled by Government

of Jharkhand to carry out the DGPS Survey and submit reports along with editable softcopy format in CD to NUPPL.

2. Shape file, hard and soft copy of the forest land and non-forest land falling in the Mining Lease Area for submission of application for Forest Stage-1 clearance, other documents required for Environment clearance and application for Mining Lease.

IV. SCOPE OF WORK FOR PREPARATION OF MINING PLAN, FEASIBILITY

REPORT, EIA/EMP REPORT (for both Opencast and Underground Mining

options), SITE SURVEY & CONTOURING WORK, HYDRO GEOLOGICAL

STUDY AND LAND USE PATTERN STUDY.

(A) MINING PLAN: • The Mining Plan document shall be prepared as per latest circular and guidelines from

MOC or IBM in terms of MMRD Act and MC Rule by RQP empaneled by MOC. • The Mining Plan shall contain a tentative scheme of mining (both in the underground &

Opencast method) and annual programme and plan for excavation from year to year for five years and thereafter at an interval of every five years i.e. 10,15,20,25 years and at the time of Mine Closure and a Progressive Mine Closure Plan including final mine closure plan as defined in the Mineral Conservational & Development Rules (under both underground & Opencast method).

• Draft mining plan will be submitted to NUPPL for comments. • A presentation shall be made to NUPPL or any other Committee desired by NUPPL. • On receipt of Comments, the Final Mining Plan shall be submitted to NUPPL after

incorporating the Comments. • Presentation to standing committee of MOC for Mining Plan approval and submission

of the mining plan for approval. • Obtaining the approval of Mining Plan from MOC.

(B) FEASIBILITY REPORT:

The Feasibility Report shall incorporate the following: • Introduction • Project Site Information • Geology • Delineation of Mine Boundaries.

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• Delineation of Structures, Faults & Folds etc. • Estimation of Mineable Reserves • Estimation of Reserves lost due to the complexity of structures & depth • Estimation of Waste Quantities and Average Stripping Ratio • Mining Strategy & Method of Mining, selection of suitable mining method, and

operation with departmental working and BIDDER/outsourcing options. (Option for Open cast & Under Ground to be proposed separately)

• Equipment Selection and Scheduling • Production scheduling. • Waste Disposal Planning. • Ancillary Equipment Requirement • Suitable Coal Handling Plant with Stock yard facilities, Railway siding & Silos. The

railway siding work being carried out for the end use plant at UP has to be dovetailed with railway siding work carried out for mine side

• Suitable Coal washery plant with plan for utilization of Rejects may have to be planned if the final Geological Report brings out the coal quality that may have to be washed

• Civil Construction including Workshop, Stores, Service buildings, Statutory buildings, Office buildings, Housing & Community buildings and Other infrastructure requirements for Mine

• Water supply and Sewage treatment including assessment of water demand. • Pumping & Drainage system and surface drainages. • Electrical Reticulation • Land Requirement for all mining operations including re-routing of roads, water

streams, nullahs, overhead lines etc., on account of mining. • Manpower Planning for outsourcing the operation. • Socio-economic impact assessment (SIA) study for the project area. • Safety & Conservation – To fulfil all the statutory requirements in relation to Safety

and Conservation including protective measures for Mine from adjoining river. • Land Reclamation • Project Implementation Schedule in MS-Project. • Mine Closure Plan. • Capital Investment and Operating Cost Estimates. • Financial Analysis using Cash Flow Techniques including economic IRR, Financial

IRR, payback period, debt service coverage ratio both for the present day cost and completion cost with departmental operation and BIDDER/outsourcing operation.

o Sensitivity Analysis for different mining capacities, variation in outsourcing price, variation in capital cost.

o Following drawing shall be included in the Feasibility Report: o Location Plan o Surface Plan o Ultimate Pit Configuration plan o Geological Plans

• Surface contour, • Floor contour and Roof contour for all seams • Isopachytes of OB, Coal, Quality etc., • Geological Cross sections covering entire Lithology from surface to the floor of the

Lignite. o The Stage plans for Initial Mining Cut (IMC) shall be provided on quarterly

basis, thereafter year-wise up-to the end of the 5th year. Stage plans at 5 year interval

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from 10th year onwards until end of the mine life shall be provided. The above IMC & stage plan shall include internal and external Dumps.

o Dump Plan o Mining system drawing

• Mine-Cross sections. o Schematic layout of Coal Handling Plant, Coal Flow Diagram, Railway Siding

& Silo etc., o Reclamation plan showing Green belt and afforestation areas o One Line utility drawing - Electrical o Workshop Layout.

DELIVERABLES

1. “Notification under Sec.4 (1) of CBA Act 1957” 1.5 months (1.5 months from the date

of issue of LOA). 2. Permission for drilling forest land falling in Coal Block area from MOEF&CC through

Forest Department, Govt. of Jharkhand (4 months from the date of issue of LOA). 3. The successful bidder should submit 3 copies of draft Mining Plan report each in hard

and soft forms (DVD) with all the plans and drawings (to scale) 4. The bidder should submit 10 copies of final Approved Mining Plan report each in hard

and soft forms (DVD) with all the plans and drawings (to scale) 5. The bidder should submit 3 copies of Draft Feasibility Report each in hard and soft

forms (DVD) with all the plans and drawings (to scale) 6. The bidder should submit 10 copies of final Feasibility Report each in hard and soft

forms (DVD) with all the plans and drawings (to scale) 7. All the clearances at each stage should be obtained from the concerned State/Central

Govt. Authorities and submitted to NUPPL.

(C) EIA/EMP REPORT & SIA STUDY:

MOEF&CC has issued the TOR for the Pachwara South Coal Mining Project for Pachwara South Coal Block with the following specific conditions vide No.11015/425/2013-IA. II (M),GOI,MoEF&CC dated 25/02/2014:

• Project Proponent should seriously consider mining coal reserve through underground mining.

• Details of location of wild life sanctuaries, National Parks within 10 km radius be submitted.

• Details of land use planning also to be furnished while discussing for EC. Further EAC has directed NUPPL to submit the final EIA/EMP prepared as per TORs to the ministry for considering the proposal for EC within 2 years as per MoEF&CC O.M.No.J-11013/41/2006-IA.II (I) dated 22 March, 2010. If the successful bidder could not complete the GR preparation, Mining Plan and obtain Environment Clearance before 23-02-2016, ToR has to be extended. Similarly, based on the boundary survey, the exact area i.e., 6.5 or 7.15 Sq. Km. will be known. Amendment in ToR with regard to area may be needed. Hence, both extension and amendment in ToR are to be under the scope of the contractor. It is informed to the bidders, based on ToR, one season AAQ data, water & soil analysis, etc., are available with NLC. This may be taken into account by the bidder before quoting.

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The scope of this contract is on the basis of single bidder responsibility to carry forward the EIA/EMP preparation from the stage of Issue of TOR with the one season data. Scope for preparation of Rapid EIA/EMP Report and to get Environmental Clearance from State Pollution Control Board/MOEF for Pachwara South Coal mine Project. The Social Impact Assessment (SIA) study and Appraisal of SIA by an expert group carried out as per L.A.R.R Act 2013/Land Acquisition and R&R Act of Government of Jharkhand State and also prepare Social Impact Management Plan and its approval.

DELIVERABLES

The successful bidder shall prepare and submit to the CLIENT (NUPPL) the following.

1. Three (3) copies of the report containing the data generated / collected during the field measurement / survey.

2. Seven (7) hard copies each of (i) Draft Rapid EIA/EMP report, (ii) Draft Executive Summary of Rapid EIA/EMP report in English and local

language, (iii) One hard copy of draft Power Point Presentation material for Public

Consultation and (iv) One soft copy of the above (i), (ii) & (iii)

3. Seven (7) hard copies each of (i) the final draft Rapid EIA/EMP report (ii) Final draft Executive Summary of Rapid EIA/EMP report in English and in

local language, (iii) One hard copy of Final draft power point presentation material and (iv) One soft copy of (i), (ii) & (iii) above, after incorporating NLC’s comments.

4. Ten (10) hard copies and one soft copy of the final Power point presentation material in colour for Public Consultation

5. One soft copy of final EIA-EMP report and filled-up draft (i) Application Form (Schedule II) and (ii) Proforma for Environmental Appraisals of Mining Projects (Mining sector projects), after incorporating NLC’s comments.

6. The bidder should submit 3 copies of draft SIA report each in hard and soft forms (DVD) with all the plans and drawings (to scale)

7. The bidder should submit 10 copies of final SIA report each in hard and soft forms (DVD) with all the plans and drawings (to scale) and evaluation of Social Impact Assessment by expert group and Social Impact Management Plan and Public hearing shall be conducted as per direction of Government Rules/Act.

8. Thirty (30) hard copies of final Rapid EIA/ EMP report. 9. Thirty (30) hard copies of Final Executive Summary in English and Thirty (30) hard

copies in local language containing salient details of the final Rapid EIA/EMP report and twenty (20) hard copies of (i) Application Form (Schedule II) and (ii) Proforma for Environmental Appraisals of Mining Projects (Mining sector projects).

10. A soft copy of the entire volume of the accepted final report, Executive Summary in local language and English and power presentation materials.

11. All reproducible tracings, original drawings, computer models etc., utilized for preparation of Rapid EIA/EMP report and a soft copy of the same.

12. One soft copy of draft Power point presentation material containing salient features of final Rapid EIA/EMP and incorporating Public Consultation/hearing remarks for presentation to statutory authorities viz SPCB/ MoEF&CC.

13. Twenty (20) hard copies of the final Power point presentation material in colour and one soft copy after incorporating NLC’s comments for presentation to statutory authorities viz SPCB/MOEF&CC Expert Appraisal Committee.

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14. Besides the above, the Report shall also include photographs covering existing environmental status in the core and buffer zone.

SPECIAL CONDITION:

Expert Appraisal Committee (EAC), MOEF&CC in its fifth meeting held on 25/26 Nov 2013 has recommended issue of Terms of Reference (TOR) for Pachwara South Coal Block with the following specific conditions vide No.11015/425/2013-IA.II (M), GOI,MoEF&CC dated 25/02/2014:

• Project Proponent should seriously consider mining coal reserve through underground mining.

• Details of location of wild life sanctuaries, National Parks within 10 km radius be submitted.

• Details of land use planning also be furnished while discussing for EC. Further EAC has directed NUPPL to submit the final EIA/EMP prepared as per TORs to the ministry for considering the proposal for EC within 2 years as per MoEF&CC O.M.No.J-11013/41/2006-IA.II (I) dated 22 March, 2010. The successful bidder should submit the EIA/EMP report to MoEF&CC seeking EC before 24/02/2016 as per the stipulated conditions by MoEF&CC. (D) SITE SURVEY & CONTOURING WORK

The survey of the Project area shall include the following: 1. Surface plan covering features like houses and other construction, permanent structures,

roads, power lines, telephone lines, Reservoirs, natural nullahs, drains, water courses, access road etc. are to be surveyed based at Grid intervals of 5mx5m. & Plotting the levels at all grid points and plotting of contour mapping at 0.5M interval levels in separate drawings, with boundary coordinates. Contour generation should be done with computer.

2. Providing Grid pillars at 500 M c/c (or at the locations specified by the NLC officials) for the Power Plant area. The concrete grid pillar shall be 0.60M x 0.60M x 1.50M. The pillars shall be buried to a depth of 1.00 M below ground level with proper concreting. The pillar above ground level shall be painted in Yellow colour and top of the pillar shall be marked with benchmark number with co-ordinates and reduced level.

3. In the areas where cast in situ pillars could not be carried out due to site conditions, RCC pillars precast shall be provided. The pillar size shall be 200mmx200mm and height 1.50M. The pillars shall be buried to a depth of 1.00 M below Ground level.

4. Temporary Bench Marks shall be established at suitable intervals on available permanent structures within the survey boundary area.

5. The contractor shall prepare longitudinal and cross sectional details for all natural nullahs, drains, water courses at 10 M intervals drawn to a suitable scale.

6. All the existing topographical features falling within the survey area like canals, streams, roads, culverts, buildings, structures, sheds, power lines, telephone lines, prominent trees, hillocks, rock outcrops, pipelines, dug wells, ditches/low lying areas etc., shall be clearly marked in the survey drawings.

7. The reference point / bench mark has to be taken from the existing permanent benchmark in consultation with NUPPL Officials and from neighboring Central Pachwara Coal Block authorities.

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8. Key Plan of the area showing nearest railway station, bus stand, church/ temple, substation, bridges and main approach road from railway station / bus stand shall be furnished. Any important landmarks surrounding the area shall also be indicated.

9. Draft Report with drawings shall be sent as soft copy for incorporating NLC comments before submission of final report.

10. Five sets of final drawings along with Final report shall be submitted for the levels and surface contour mappings at 0.5m interval in A0/A1 size with one set in tracing sheet of 80-90 GSM. The drawings of scale 1:500 are preferred. The survey drawings in one plate covering the entire surveyed area at suitable scale shall be furnished.

11. Three number of soft copies of the survey drawings in AutoCAD editable format & report in DVD/CD form along with the data in the soft copy shall be furnished.

12. All surveying Northing & Easting co-ordinates shall be based on UTM (Universal Transverse Mercator – Zone 44N).

13. In-order to facilitate Engineering Pre-Project activities viz., Site Grading, Leveling, Nalla diversion & internal road formation etc., Total Station Survey data taken for this Project shall be furnished to NUPPL in the following Excel format (one soft & one hard copy) Station No UTM Co-ordinates RLs (m) Remarks Northing (m) Easting (m) 16. The pillars should be numbered and embedded with coordinate and level. General Conditions:

1. The work shall be executed through qualified persons and through survey instrument of Total Station with Angular accuracy: 1” Linear accuracy: 2mm+2ppm X D / type 1.5 s.

2. All works shall conform to the standards of greatest accuracy. 3. Conducting fly levels to correlate BM with nearest GTS BM available. 4. The concrete pillars shall be in mix 1:2:4 (One cement: Two sand: Four BG metal). 5. For Pre-cast RCC pillars reinforcement main bars Y-8 4-Nos. at corners with ties R-6 @

150mm c/c shall be provided. 6. The rates quoted shall be inclusive of all taxes, duties, etc. except service tax, which

shall be indicated separately. (E) HYDRO GEOLOGICAL STUDY

(I) Scope:

1. Establishing Pump well and observation wells

Drilling of ONE pump well (size: 14 inches dia.) maximum depth of 300 mts. depending on the aquifer intersection and drilling of observation wells (size 6 inches dia) minimum of 3 in Pachwara South coal block. The work includes transportation of equipments, drilling in sedimentary strata of shall/clay or sand or sand stone & coal etc., by first taking a pilot hole of required size and then enlarging to required diameter by direct or reverse rotary mud circulation method. Drilling rig, fuel, labour for drilling, bentonite mud and water required for drilling at the site. power supply, welding & cutting unit, temporary shed , supply of IS standard casing and screen pipes, graded pebbles for packing the well, cement /clay sealing, lowering the casing pipe and developing the wells through compressor etc are responsibility of the firm.

2. Conducting Pumping Test

Conducting pump test in 14 inches dia casing well with suitable submersible pumps constant/ varying discharge (100 to 300gpm) with head of around 100mts for 36 hours / each discharge and recovery test for 18/24 hours continuously. In case of any major breakdown in pumping test within 24 hours retest has to be carried out.

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For the above works manpower for the test (for taking up water level in 3 shift basis on all the wells during pumping test and recovery test), hire charges for pump, diesel generator set, fuel for diesel generator, measuring water level simultaneously continuously in pump well and all the observation wells using water level measurement tapes, site preparation, erection and extraction of pump etc and has to be arranged by firm. 2 inches pipe to be erected with the pump to measure the self-drawdown of pump well.

3. Bansloi River Water The Bansloi River is flowing along the Northern Boundary of South Pachwara Block. The effect of highest flood level of river water is to be studied and analysed on the proposed open-cast workings of the South Pachwara Coal Block. Dangers of flooding, mitigation measures and pumping requirements for safe working of mine are to be recommended. The study shall also include the design and size of safe barrier between mine workings and river.

4. Preparation of Hydro Geological Report

Collection, compiling regional meteorological & Hydrological data, delineation and description of various aquifer zones with the help of borehole lethalogical cross section and incorporating the data based on the pumping test aquifer parameter estimations like Transmissivity, Storativity, hydraulic conductivity, Leakage factor should be submitted in the form of Hydrological report. Besides, also prepare the quantity of water to be pumped for safe mining. Procurement of aquifer test analysis software (Aquifer test Pro-IV latest version) in the name of Neyveli Lignite Corporation and use this software for the preparation of pumping test field data and analysis report after completion of the report the same licensed software with all pump test details and relevant bill will be handed over to NLC. During pumping test water samples should be collected on 12 hour basis and analysis should be done for anions, cations, TDS, conductivity, PH, Iron as Fe, Silica, Co2, Total alkalinity, Hardness. (Temporary, Permanent,) F, NO3, Mn and should be incorporated in the report.

(II) Terms & Conditions:

1. In case pump stops due to poor discharge / heavy drawdown i.e. quality problem, the Company shall pay for running hours accordingly.

2. Recovery Rate Test (RRT) will be carried out 70 to 80% recovery of total drawdown 3. Work will be carried out by direct rotary /mud flush drilling rig. 4. Due to uneven aquifer in the area quantity and quality of water cannot be guaranteed

assembly during or after lowering of pipe assembly, gravel packing, clay packing, air compressor, yield test job. (F) LAND USE PATTERN STUDY Image processing and interpretation of land use/land cover and hydro geomorphology of mining lease and other infrastructure area covering on 1:10000 scale with field validation from the satellite imagery data for the year 2014. NUPPL will supply the above latest Year-2014 imageries in full scene merged digital data in GEOTIFF format on CD ROM and photographic prints in 1:10,000 scales. The imageries are with UTM projection and WGS84 Datum. This is to be considered by the bidder before quoting.

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Deliverable: Preparation and submission of six copies (soft & hard) of LAND USE PATTERN STUDY REPORTS along with maps on 1:10,000 scale.

(G) SCOPE OF WORK FOR PRE DEVELOPMENTAL CLEARANCES:

(i) FOREST CLEARANCE (STAGE – I & FINAL) The successful bidder has to submit the form “A” application for Forestry Stage I to Principal Chief Conservator of Forest, Ranchi with all relevant documents and enclosures and follow up at different Levels of State/ Central Government department on behalf of NUPPL for getting Forestry Stage 1 and Final Clearance to be handed over to M/s NUPPL. The following works are to be carried out and submitted along with the form “A” Application for obtaining Stage- I Forestry Clearance.

• Village cadastral map • Conducting Gram Sabha Meetings • Resolution of the Village Samithi • Approved Mining Plan • Legal status of Forest Land & Detailed status of Forest land • Enumeration list of trees • Geo reference Map in Shape file. Both soft and hard form. • Break up details of land with safety zone. • Details of lease grant description and EC details • NOC from Deputy Commissioner regarding FRA 2006. • The Proposal & NOC for JJ land from Deputy Commissioner • Undertaking for NPV and compensatory afforestation by the Project Proponent.

Obtaining of Final Forest Clearance.

(ii) ENVIRONMENTAL CLEARANCE MOEF has issued the TOR for the Pachwara South Coal Mining Project on 25/02/2014 with specific conditions and direction to submit EIA/EMP report within 2 years from the date of TOR issue. Further processing is to be taken up for getting Environmental Clearance by the bidder. (iii) CONSENT FOR AIR, WATER & OPERATION The successful bidder has to submit application for the consent for air, water and operation to MOEF&CC, Central Pollution Control Board and Water Authority. (iv) CLEARANCE FROM AIRPORT AUTHORITY OF INDIA Clearances pertaining to planned airstrip in the project area (if any) needs to be obtained from the Airport Authority of India as per the conditions stipulated by the AAI.

(v) MINING LEASE (ML) Application for Mining Lease under MMRD Act along with necessary documents for the Pachwara south Coal Block shall be submitted to the Department of Geology and Mining, Government of Jharkhand and lease to be obtained. NOTE: Any other clearances, if needed for sanction of FINAL CLEARANCE are under the scope of the bidder.

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BIDDER’S OBLIGATION The scope of work of the Bidder includes all works including Detailed exploration, Preparation of Mining Plan, Feasibility Report and Pre developmental clearance for the coal block but not limited to the following:- a) The bidder shall undertake up to the stage of pre developmental clearances of South

Pachwara Coal Block from the Green Field Status. b) The bidder is expected to apply for Notification and Permission for drilling in Forest

Land, carry out detailed drilling, prepare geological report, Mining Plan, Feasibility report, conduct Gram Sabha meetings in the project area, obtain all pre development clearances such as Forest Clearance, Environmental Clearance, and Mining Lease from respective authorities.

c) The bidder shall, at its cost, obtain and maintain throughout the Term, all Approvals necessary for the bidder to perform the Work.

d) The bidder shall undertake the following activities: Seek and obtain all required approvals and renewals from various government departments, including but not limited to, Ministry of Coal, Ministry of Environment and Forest, State Pollution Control Board, District Administration, Department of Forest, Department of Geology & Mining, Airports Authority of India, Local bodies, Municipalities, Circle office and such other agencies including approval of mining plans, mine closure plans, environmental clearances and forest clearances at his own cost.

e) The bidder shall prepare and obtain approval of Mine Closure plan from Ministry of Coal.

NUPPL’S OBLIGATION a. The successful Bidder shall not be allowed to use land for any other purpose nor shall

be allowed to create any mortgage or charge on the land. b. NUPPL shall provide necessary power of attorney (wherever necessary) in favour of

BIDDER acting on its behalf to make, submit letters/applications/reports, obtain clearances/approvals and deal with various authorities.

c. The project proponent shall provide assistance to the required extent to the BIDDER to enable comply with obtaining the required clearances for the project

d. The expenses incurred by the bidder towards obtaining the government/statutory body’s clearances shall be reimbursed on submission of the receipt & the clearances subject to the ceiling quoted under Sub-section-IV, Sl.No.6.

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SECTION-G

SCHEDULE OF PRICES

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SECTION – G

SCHEDULE OF PRICES Sub-Section - I

GENERAL INSTRUCTIONS 1.0 The prices quoted in this schedule shall cover the entire scope of services in

accordance with requirement of the work. 2.0 In addition to this price schedule, the Bidder should also enclose the Bid Form

in Part-II (as per specimen form in SECTION - I) 3.0 The rates quoted shall be on firm and fixed price basis only. 4.0 All the items and columns of ‘Schedule of Prices’ shall be filled up both in

figures and as well as in words. 5.0 All the pages of ‘Schedule of Prices’ shall be signed by the Bidder. Over writing or

correction shall be avoided. Overwriting or Correction, if any, shall be duly authenticated by the authorised signatory of the bidder, affixing the seal.

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SCHEDULE OF PRICES

Sub-Section - I

PRICE SCHEDULE

Sl. No. Work description Amount (Rs./FC)

1 Detailed Drilling, Geological Report Preparation & GEO Model. (Grand Total of Sub-Section-II)

2. Physical Boundary Survey and DGPS Survey (Grand Total of Sub-Section-III)

3. Preparation of Reports & Obtaining Pre Developmental Clearances (Grand Total of Sub-Section-IV)

4. Total

Total Lump Sum price Rs/FC.……………………………………………………... ( in words ) only

SEAL SIGNATURE :

NAME :

DESIGNATION :

COMPANY :

DATE :

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Sub-Section - II

PRICE SCHEDULE FOR DETAILLED DRILLING & GEOLOGICAL REPORT PREPARATION

Pachwara South Coal Block - Estimate for Exploration based on Promotional Rate of MOC Sl. No Activity Estimated

Quantum Unit Rate per unit (Coal)

Amount (Rs/FC) (Coal)

1 Diamond Core Drilling, Detailed Geological Mapping and Topographical Survey

10000 metre

2 Geophysical logging a) Base Rate 10000 metre b) SP 10000 metre c) SPR 10000 metre d) Natural Gamma 10000 metre e) Density 10000 metre f) Caliper 10000 metre g) Neutron-Neutron 10000 metre 3 Coal Analysis (i) Band by Band/Sectional Samples a) Proximate Analysis - Moisture,

Ash, VM & FC (as Received) 1500 Sample

b) Gross Calorific Value (As Received)

1500 Sample

c) Total & Distribution of Sulphur (As Received)

500 Sample

d) Ultimate Analysis (As Received) 500 Sample e) Ash Analysis 500 Sample f) Ash Fusion Temperature Range 500 Sample g) HGI 500 Sample

(ii) Specific Gravity (As received) 500 Sample 4 Physico-Mechanical Tests &

Report Four

boreholes Lump sum

5 Geological Modeling Lump sum

6 Preparation & submission of Geological Report

FGR 10 Copies

7 Total 8 Service Tax incl. CESS for the

above on the lump sum ceiling

9 Any other Taxes & Duties (to be specified) for the above on the lump sum ceiling

10 Grand Total Total Lump Sum price `Rs. /FC.…………………………… (in words……………….. only Note:- The rate of Service Tax in percentage considered in Sl.No. 8 above shall be mentioned.

Also the Name & rate of Taxes & Duties if any in Sl.No.9 shall be mentioned. The foreign bidder shall specify whether or not he has an office in India Available data as mentioned in Technical Specification, Sec.-F [Cl.-I(12)] is to be considered before quoting

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Sub-Section - III

PRICE SCHEDULE FOR DGPS SURVEY AND REPORT SUBMISSION

Amount (Rs/FC)

Sl No Item Unit Quantity

(A)

Unit Rate (B)

Total (C = A X B)

1.

Fixing and measurement of coordinates of boundary points and GSI borehole locations (116) & preparation of boundary map for forest land, mining lease area, shape file (hard and soft copy) and submission of detailed DGPS survey report for Pachwara South Coal Block.

Point 116

2. Establishment of concrete pillars of all boundary points fixed Point 100

3. Total

4. Service Tax incl. CESS for the above on the lump sum ceiling

5 Any other Taxes & Duties (to be specified) for the above on the lump sum ceiling

6 Grand Total

Total Lump Sum price `Rs. /FC.………………………………………………… (in words……………….. only

Note:- The rate of Service Tax in percentage considered in Sl.No. 4 above shall be mentioned.

Also the Name & rate of Taxes & Duties if any in Sl.No5 shall be mentioned. The foreign bidder shall specify whether or not he has an office in India

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Sub-Section-IV PRICE SCHEDULE FOR PREPARATION OF REPORTS & CLEARANCES

Sl No PARAMETER Amount

(Rs/FC)

1 MINING PLAN PREPARATION, SUBMISSION & APPROVAL and FR PREPARATION.

2 EIA / EMP REPORT & SIA STUDY.( Note:4 ) 3 Site Survey & Contouring work

4 Hydro Geological Study (conducting pump test, interpretation, determination of aquifer parameters & ground water modeling) on ToR conditions.

5 Land Use Pattern Study & Other studies.

6 Mining Lease, Forest Clearance, Environmental Clearance, Consent for Ambient Air, Water & Operation, Airport Authority of India Clearance and other expenses required for FINAL CLEARANCE of the project.

7 Total 8 Service Tax incl. CESS for the above on the lump sum ceiling

9 Any other Taxes & Duties (to be specified) for the above on the lump sum ceiling

10 Grand Total

Total Lump Sum price `Rs./FC.…………………………………………………( in words……………….. only

Note:

1. The rate of Service Tax in percentage considered in Sl. No. 8 above shall be mentioned. Also the Name & rate of Taxes & Duties if any in Sl.No.9 shall be mentioned. The foreign bidder shall specify whether or not they have an office in India.

2. For Sl.No.5: The latest 2014 Satellite Imageries is made available by NUPPL for bidder’s interpretation and super imposing on the prepared Mining Plans to generate the land use plans. This is to be noted before quoting. In addition, other miscellaneous expenditure that includes field visits for ground truth verification of the land use plan prepared etc. and envisaged compensation that would be needed to manage the local Maoist infested area.

3. For Sl.No.6, the activities include the statutory fee to be paid for obtaining the clearances/consents & other expenses related to handling the clearances. 4. Available data as mentioned in Technical Specification Section-F, Cl.-I (2) is to be considered before quoting for S. No. 2 above.

SEAL SIGNATURE : NAME :

DESIGNATION : COMPANY : DATE :

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SECTION - H

FORMAT OF CONTRACT AGREEMENT

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SECTION -H FORMAT OF CONTRACT AGREEMENT

(To be executed on Rs.20 stamp paper)

CONTRACT AGREEMENT Contract No. …... Dt. . . . . .. The Contract made this.................................day of .........................in the year 201 between

the Neyveli Lignite Corporation Limited having their Registered Office at 135, Periyar E.V.R.

High Road, Kilpauk, Chennai - 600 010, Tamil Nadu, India hereinafter called the "CLIENT"

and M/s . . . . . . . . . . . having the registered office at ......................... ..herein after called the

"Contractor" for …………

…………………………………………………………. in accordance with the CLIENT's

Tender No. ………………, Dt…………and the Contractor's offer No. .........Dt.......,

Schedule of References containing the minutes of the meeting and the other correspondences

exchanged between the CLIENT and the Contractor and Letter of Award No. ……………..

Dt......... forming part of this agreement and is registered as Contract No. …………….., Dt.

…………….

The CLIENT has accepted the proposal of the Contractor with such changes/modifications

mutually agreed to through exchange of correspondence and minutes of the meeting for

………………………………………………………………………………………………..

In view of the foregoing, the CLIENT and Contractor have agreed as follows:

1. The Contractor hereby agrees to execute the contract in conformity with the provisions

contained in the Contract documents which shall mean and include the following

documents also forming part of this contract:

i. Schedule - I - Schedule of References

ii. Schedule- II - Salient features

iii. Section C - General conditions of contract

iv. Section D - Format of Guarantees

v. Section F - Technical Specification

The Contractor also agrees to complete the contract as per the time schedule indicated in

SECTION-C, Clause 3.0.

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2. The CLIENT hereby agrees to pay the Contractor on due performance of the `Contract'

a price of Rs/FC...............(Rupees/FC.............. only) in the manner and in accordance with terms and conditions specified in the "Contract".

In witness whereof the parties hereto have hereunder affixed their signatures, on the

day, month and year written as above. CONTRACTOR CLIENT Printed name Printed name Designation Designation Address Address Office Seal Office Seal WITNESS-1 WITNESS-1 (Signature) (Signature) (Name in Block Letters) (Name in Block Letters) Official Address: Official Address: WITNESS-2 WITNESS-2 (Signature) (Signature) (Name in Block Letters) (Name in Block Letters) Official Address: Officials:

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SECTION-I

BID FORM

88

SECTION-I

BID FORM To be submitted by the bidder in Part-I of this bid

NLC’s Tender No: . . . . . . . . . .. . . . .. . . . . . . . . . . .

Bid No. : . . . . . . . . . . . . . . . . . . . . . . . . . . Dated:

From: To

The General Manager/ Contracts, Corporate Office, Neyveli Lignite Corporation limited, Neyveli-607 801 Cuddalore dist. Tamil Nadu.

Subject: ------------------------------- (Name of the Package) for ………………….. (Name of the project/ tender) Invitation to Bid NO………………………………

1. Having carefully examined all the Tender Documents attached to your invitation to Bid No. …………… dated ………………, and its Amendments/Errata/Corrigendum/clarifications issued till date of tender opening, we agree to Complete the WORKS in conformity with all terms and conditions stated in tender Documents and its Amendments/Errata/Corrigendum/clarifications issued till date of tender opening, and as per the time schedule given in Tender Document. The Services offered are offered are best and of latest technology and of international standards.

2. We undertake, in case our bid is accepted, to commence the work from the date of

Letter of Award and to complete and deliver the whole of the work and responsibilities comprised in the contract within……… (both in figures and words) months calculated from the date of Letter of Award and as per the time schedule given in the Tender Document.

3. We are submitting the Bid Guarantee for a sum of Rs/FC. ………. in the form ………

………. as instructed by you. This Bid Guarantee shall be governed as per the stipulations provided in the “Instructions to Bid”.

4. We agree to abide by and keep our Bid valid initially for a period of 8 (Eight) months

from the opening of Bid (Part – 1) by Neyveli Lignite Corporation Limited (NLC) and it shall remain binding on us and may be accepted at any time before the expiry of the period.

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5 Should our Bid be accepted, we hereby agree to abide by and fulfill all terms and conditions of Tender Document as accepted by us and in default thereof, to forfeit and pay to NLC or NLC’s successors, assignees or authorised nominees such sums of money as are stipulated in conditions contained in Tender Documents and agree to furnish Bank Guarantee for Contract Performance as per the proforma prescribed by NLC and acceptable to NLC and for the sum equal to 10% of “Contract price” for the entire scope of work within 30 days from the date of Letter of Award. We understand that NLC is not bound to accept the lowest or any Bids received and NLC has right to reject any bid, without assigning any reason whatsoever.

6. This Bid together with written acceptance thereof, shall constitute a binding

CONTRACT between NLC and ourselves till a formal contract is executed. 7. Dated this ………….. day of …………….

WITNESS-1 Signature: Signature

Occupation

Date

Address

WITNESS-2 DESIGNATION

Signature: NAME IN BLOCK LETTERS

Occupation (with the Company seal)

Date

Address

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BID FORM

(To be submitted by the Bidder in Part - II – [Price Bid] )

NLC’s Tender No: . . . . . . . . . .. . . . .. . . . . . . . . . . . Bid No. : . . . . . . . . . . . . . . . . . . . . . . . . . . Dated: From: To The General Manager/ Contracts, Corporate Office, Neyveli Lignite Corporation limited, Block - 1 Neyveli-607 801

Cuddalore dist. Tamil Nadu.

1.0 I/We, the undersigned have carefully examined and understood the Bidding documents including the Amendments / Errata / Corrigendum / Clarifications issued till the date of bid opening. I / We hereby agree to carry out the entire works as described in the specifications in conformity with the specifications and Bidding documents, as per prices quoted by us in the Schedule of Prices.

2.0 In the event of our proposal being accepted, we agree to furnish a Bank Guarantee for

Contract Performance as per the proforma prescribed by Neyveli Lignite Corporation Limited and acceptable to the Neyveli Lignite Corporation Limited and for the sum equal to 10% of “Total Contract Price”. The Bid Guarantee shall be released only after the Contract Performance Guarantee issued in favour of Neyveli Lignite Corporation Limited is received and accepted by the Neyveli Lignite Corporation Limited.

Signed this . . . . . . . . . . . . .. . . . . . . . . . . . . . . .day of . . . . . . . .. . . . .201………… WITNESS-1 Signature: Signature Occupation Date Address WITNESS-2 DESIGNATION Signature: Occupation Date

Address (NAME IN BLOCK LETTERS) (with the Company seal)

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SECTION-J

INTEGRITY PACT

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SECTION-J (To be executed on plain paper)

INTEGRITY PACT Between

Neyveli Lignite Corporation Limited (NLC) hereinafter referred to as "The Principal” and ............................................. hereinafter referred to as ''The Bidder/ Contractor" Preamble: The Principal intends to award, under laid down organizational procedures, contract/s for ………………………… The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s and Contractor/s. In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organization ''Transparency International" (TI). Following TI's national and international experience, the Principal will appoint an external independent Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above. Definitions: In pursuance of the above Pact, for the purposes of this provision, the Principal defines the relevant terms set forth therein as under: 1) “Contract” means the contract entered into between the Principal and Bidder (or

Tenderer) / Contractor for the execution of work mentioned in the preamble above. 2) “Contractor” means the bidder or tenderer whose tender (bid) has been accepted by

the principal or Company whose tender (bid) has been accepted and shall be deemed to include his/its/their successors, representatives, heirs, executors and administrators unless excluded by the Contract.

3) “Coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the procurement process or affect the execution of a contract: In order to achieve these goals, the Principal proposes to appoint one or more External Independent Monitor/s who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

4) “Collusive practice” means a scheme or arrangement between two or more bidders, with or without the knowledge of the Principal designed to establish bid prices at artificial, noncompetitive levels; and

5) “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution;

6) “External Independent Monitor” means a person, hereinafter referred to as EIM, appointed, in accordance with Section 7 below, to verify compliance with this agreement.

7) “Fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Principal and includes collusive practices among Bidders (Prior to or after bid submission)

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designed to establish bid prices at artificial, non-competitive levels and to deprive the Principal of the benefits of free and open competition;

8) “Party” means a signatory to this agreement. 9) “CLIENT” means Neyveli Lignite Corporation Limited, Neyveli, incorporated under

the Companies Act 1956, having their registered Office at Chennai, 600 010 and includes their successors.

10) “Bidder or Tenderer” means the person, firm or company submitting a tender (bid) against the invitation to Tender (bid) and includes his/its/their staff, consultants, parent and associate and subsidiary companies, agents, consortium and joint venture partners, sub-contractors and suppliers, heirs, executors, administrators, representatives, successors.

Section 1 - Commitments of the Principal (1) The Principal commits itself to take all measures necessary to prevent corruption and

to observe the following principles: 1 No employee of the Principal, personally or through family members, will in

connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for him/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

2. The Principal will, during the tender process treat all Bidders with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential/additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.

3. The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 - Commitments of the Bidder/Contractor (1) The Bidder / Contractor commits itself to take all measures necessary to prevent

corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution. 1. The Bidder / Contractor will not, directly or through any other person or firm,

offer, promise or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

2. The Bidder / Contractor will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to form cartels in the bidding process.

3. The Bidder / Contractor will not commit any offence under the relevant Anticorruption Laws of India: further the Bidder / Contractor will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business

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relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

4. The Bidder / Contractor will, when presenting his bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

5. The Bidder / Contractor of foreign origin shall disclose the name and address of the Agents / representatives in India, if any. Similarly the Bidder / Contractor of Indian Nationality shall furnish the name and address of the foreign principals, if any.

(2) The Bidder / Contractor will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3. Disqualification from tender process and exclusion from future contracts

If the Bidder, before contract award has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason. (1). If the Bidder / Contractor has committed a transgression through a violation of

Section 2 such as to put his reliability or credibility into question, the Principal is entitled also to exclude the Bidder / Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

(2). A transgression is considered to have occurred if the Principal after due consideration of the available evidence, concludes that no reasonable doubt is possible.

(3). The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

(4). If the Bidder / Contractor can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely, provided such systems has been audited by an independent agency.

Section 4 - Compensation for Damages (1) If the Principal has disqualified the Bidder from the tender process prior to the

award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit / Bid Security.

(2) If the Principal has terminated the contract according to Section 3 or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.

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Section 5 - Previous transgression (1) The Bidder declares that no previous transgressions occurred in the last 3

years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 - Equal treatment of all Bidders / Contractors/ Subcontractors

(1) The Bidder / Contractor undertakes to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

(2) The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors and Subcontractors.

(3) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

Section 7 - Criminal charges against violating Bidders/Contractor/ Subcontractors If the Principal obtains knowledge of conduct of a Bidder, Contractor or

Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor, which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 – External Independent Monitor / Monitors (three in number depending on

the size of the contract) (to be decided by the Chairperson of the Principal) (1) The Principal appoints competent and credible external independent Monitor

for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and performs his functions, neutrally and independently. He reports to the Chairperson of the Board of the Principal.

(3) The Contractor accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder / Contractor / Subcontractor with confidentiality.

(4) The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

(5) As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The monitor can in this regard submit non-binding recommendations.

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Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.

(6) The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations.

(7) Monitor shall be entitled to compensation on the same terms as being extended to / provided to Outside Expert Committee members / Chairman as prevailing with Principal.

(8) If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

(9) The word 'Monitor' would include both singular and plural. 10) The Monitor can be removed from his office, before the expiry of his tenure

only with the approval of the Board of the Principal. Section 9 - Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal.

Section 10 – Other provisions

(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Chennai / Neyveli. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact.

(2) Changes and supplements as well as termination notices need to be made in writing.

(3) If the Contractor is a partnership or a consortium this agreement must be signed by all partners or consortium members.

(4) Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

.………………………………… …………………………….

For the Principal for the Bidder /Contractor

Place …………. Witness1 ……………………

Date ………….. Witness 2 …………

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SECTION-K

QUESTIONNAIRE

ON COMMERCIAL POINTS

TO BE ANSWERED BY THE BIDDER

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SECTION-K Sheet 1 of 3

Questionnaire on commercial points to be answered by the Bidder

1.0 Details: 1.1.0 Full Particulars of the Bidder 1.1.1 Name & Address 1.1.2 Tele Phone No. 1.1.3 Fax No.

1.1.4

Banker’s name, address & Fax No. For the purpose of e-payment following shall be provided. i. Name of the beneficiary ii. Bank A/c. No. iii. Name of the Bank iv. Name of the Branch v. Branch code No. vi. IFSC Code (For NEFT / RTGS Payment) vii. PAN No

1.1.5 Name & full address of Chief executives and name of Board of Directors

1.1.6 E-Mail 1.1.7 Other Information if any 1.2 CONTACT PERSON

1.2.1 Name and Address 1.2.2 Tele Phone No. 1.2.3 Fax No. 1.2.4 Mobile Phone No. 1.2.5 E-Mail 1.3 CONSORTIUM PARTNER

1.3.1 Name & Address 1.3.2 Tele Phone No. 1.3.3 Fax No.

1.3.4 Name & full address of Chief executives and name of Board of Directors

1.3.5 E-Mail 2.0 BID GUARANTEE 2.1 Whether bid guarantee is furnished.

2.2 Whether any deviation in format of bid guarantee is taken.

2.3 Value of Bid Guarantee 2.4 Expiry date of bid guarantee

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Sheet 2 of 3 2.5 Value of the stamp paper 2.6 Whether stamp paper purchased in the name of bank

2.7 Name and address of the Bankers Fax No. and E Mail address

3.0 SCOPE OF WORK

3.1 Whether the bid covers the entire scope of work as detailed in the tender specification

4.0 VALIDITY OF BID 4.1 Please indicate the validity of Bid 5.0 PRICES:

5.1 Whether the prices are furnished in the prescribed price schedule

6.0 TIME SCHEDULE

6.1 Whether agreeable for the time schedule stipulated in the tender document

7.0 QUALIFYING REQUIRMENTS

7.1 (a)

Whether bidders has drilled 6000 meters in one or more coal/lignite in a year and prepared geological report for the same block/deposit. Out of the 6000 meters drilling in a year, at least 10% quantity of drilling i.e. 600 meters should be more than the depth of 300 meters

7.1 (b)

The bidder Should have prepared Feasibility Reports (or) prepared Mining Plans for a coal/lignite mine of Capacity of 4 Million Tonnes Per Annum (MTPA) (from one or more mines) with a minimum of 2 MTPA capacity from at least one coal/lignite mine. Mining Plan should have been approved by Ministry of coal.

7.2

A bidder who does not meet the above qualifying requirement as cited in 7.1 (a) and (b) combinedly can also participate, if he has experience of either 7.1 (a) or 7.1 (b). In such case, if the aforesaid bidder has relevant experience as cited in 7.1 (a), he shall form a consortium with a firm who has the relevant experience as cited in 7.1 (b) or vice versa. The bidder should furnish a valid Consortium Agreement between the bidder and the consortium partner that fully meets the qualifying requirements stipulated as in Clause-7.1(a) and (b) above respectively.

7.2.1

In such a case as in Clause 7.2 above, whether the bidder along with the bid furnished a letter of consent/Expression of Intentions signed jointly with the consortium partner for undertaking the work jointly for the successful performance and completion of the contract.

7.2.2

If the bidder becomes successful, prior to the issue of LOA, he has to furnish a Joint Deed of Undertaking executed with the consortium partners as the case may be in the format prescribed by NUPPL, for under taking

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Sheet 3 of 3 the work jointly and for the successful performance and

completion of the contract and it should be kept valid till the completion of all the obligations under this contract in which the consortium partner and the bidder are jointly and severally liable to perform all the contractual obligations. In case of award, the consortium partner will also be required to furnish back up guarantee in the form of bank guarantee, for 5% of the contract value in addition to the 10% of the total contract price as contract performance guarantee by the bidder and should be kept valid till the completion of all the obligations under this contract.

7.3 The bidder shall have positive net worth as per their latest audited financial statements individually. The consortium partner shall also have the same, as the case may be.

7.4

Average Annual Turnover of the Bidder or the combined average annual Turnover of the consortium partners shall be more than Rs. 4.00 Crores or equivalent foreign currency in the last three consecutive financial years as on the original schedule date of EOI opening.

Note: Signature : Name : Designation: Company : Company Seal. Date :

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SECTION-L

BIDDER’S EXPERIENCE

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SECTION-L BIDDER’S EXPERIENCE

Details of past performance for reckoning towards satisfaction of the Qualifying Requirement.

Sl. No.

Work Order / Agreement/

Contract No. & Date

Qty. Scope of work

Date of commencement

Date of completion

Place of work, Name of the

firm with full address like

contact Name, Phone No, Fax No., E.mail etc.

Signature : Name : Designation: Company :

Date : NOTE: Please note that the data called for in this schedule is essentially required to decide the Bidder’s eligibility to qualify for this tender. Failure to furnish complete and correct information shall render the bid/offer liable for rejection without further reference. For the references indicated in this schedule, which meets all the parameters of QR, the performance certificate furnished by the respective customer shall be enclosed with the offer indicating all the parameter of QR in the certificate itself for considering the same. Indicate in this schedule only the works undertaken by you, which meets the qualifying parameters and which you desire to be reckoned for determining satisfaction of the QR.

The bidder has to enclose the required performance certificates along with this section.

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SECTION - M

DEED OF UNDERTAKING BY THE CONSORTIUM

PARTNER ALONG WITH THE

CONTRACTOR

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SECTION-M

FORMAT OF DEED OF UNDERTAKING

BY THE CONSORTIUM PARTNER ALONG WITH THE CONTRACTOR (To be furnished on a stamp paper of appropriate value)

Any deviation in this format will not be acceptable. This Deed of undertaking executed this ............ ........ ....... day of ............ ........... ........ by ...................... .............. a Company incorporated under ............................ and having its Registered Office at ...................... .............. ................ herein after called ...................... ................ or Consortium partner' which expression shall include its successors, executors and permitted assigns and (Contractor's Name) .................................... a Company incorporated under the Companies Act 1956 having its registered office at ................... .......... ................. hereinafter called ........... ...................... (Contractor's Name) or 'CONTRACTOR' which expression shall include its successors, executors and permitted assigns) in favour of Neyveli Lignite Corporation Limited, a company incorporated under the Companies Act 1956 having its Registered Office at Chennai-600 010 (hereinafter called the 'CLIENT'), which expression shall include its successors, executors and assigns. WHEREAS the CLIENT is desirous of getting work of the “

“ (herein after called as Work) done as per its specification No ...................... dated .................... WHEREAS................................ (Contractor's Name) submitted its technical proposal vide its Letter No. ........................ dated ...... ........ based on the association of M/s .................................. (Consortium partner) AND WHEREAS it is a condition for the award of contract to ...................... (Contractor's Name) that............................... (Contractor's Name) and its (Consortium partner) M/s ................................. would be jointly and severally bound and shall be responsible to the CLIENT for the successful performance of the Work as per the CLIENT's specifications in terms of the Contract. NOW, THEREFORE, THIS UNDERTAKING witnesseth as under: 1. That in consideration of the award of Contract by the CLIENT (herein after

referred to as the 'Contract') we, the Consortium partner and CONTRACTOR do hereby declare and guarantee that we shall be jointly and severally bound unto to the Neyveli Lignite Corporation Limited (CLIENT) for the successful performance of Work (strike out whichever is not applicable) in accordance with the Contract specifications. Further, we, the Associate/Collaborator/ Consortium member and the CONTRACTOR hold ourselves jointly & severally responsible for the timely execution of all activities in accordance with the contract.

2. In the event of any breach in the performance of the obligations setforth above, we the Consortium partner and the CONTRACTOR, shall jointly and severally pay the loss or damage to the CLIENT on his demand. Further we the Consortium partner and the CONTRACTOR, jointly and severally undertake to pay to the CLIENT the liquidated damages arrived at in accordance with the provisions of the Contract, in the event of shortfall in the Work without any demur, reservations, protest and recourse. Further, any extension of time, relaxation or indulgence by the CLIENT to the CONTRACTOR shall not prejudice the rights of the CLIENT under this undertaking against the Associate / Collaborator / Consortium member of the CONTRACTOR.

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3. We, the Consortium partner and the CONTRACTOR agree that this undertaking shall be irrevocable and further agree that this undertaking shall continue to be enforceable till the he Completion of the work under the Contract. We further agree that this undertaking shall without prejudice to the various liabilities of the CONTRACTOR including his Contract Performance Guarantee as well as his other obligations in terms of the Contract.

4. The Performance, rights and responsibility of the party shall be in accordance with the

Contract and further the liability of the CONTRACTOR/ Consortium partner under this Undertaking shall not in any case exceed the limits as stipulated in the Contract.

5. As a security, the Consortium partner, in addition to the CONTRACTOR's

Performance Guarantee, shall furnish a Performance Guarantee from his Bank, in the form acceptable to the CLIENT, in favour of the CLIENT, prior to signing of the Contract. The value of the Guarantee shall be 5 % value of the total contract price guaranteeing the faithful performance/compliance of this Deed of Undertaking in accordance with the terms and conditions specified herein. The Guarantee shall be irrevocable and valid for the entire period of the contract, namely till the expiry of 180 days after the Completion of the work The guarantee amount shall be payable to the CLIENT on demand without any condition whatsoever. IN WITNESS WHEREOF the Consortium partner and the CONTRACTOR have through their authorised representatives executed this Undertaking and affixed common seals of their respective companies, on the day, month and year first above mentioned.

………………………………. (Signature) ………………………………………. (Name in Block Letters) ………………………………………. (Official address)

For Consortium partner Name Designation : Seal of the company.

……………………………….. (Signature)

…….………………………………. (Name in Block Letters)

………………………………………….

(Official address)

For CONTRACTOR. Name : Designation : seal of the Company.