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ANDHRA PRADESH POWER DEVELOPMENT COMPANY LIMITED
(A Subsidiary of APGENCO)
PLOT NO.29, Road No.1, Central Excise Colony, Andhra Loyola College Road,
Vijayawada - 520 008.
Phone: 0866-2454633
e-mail: appdcl.office@apgenco.gov.in/pmappdcl@apgenco.gov.in
E-TENDER No.610000563
“Tender document for transportation of 3.675 Million Tons per annum of
beneficiated coal from different washeries at Talcherarea out lets (Railway
sidings at Talcher area) to SDSTPS via Paradip and Krishnapatnam Ports by
Rail cum Sea cum Conveyor/Road for a period of Two years on Reverse
Auction basis”.
Seal and signature of the Tenderer
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CONTENTS OF THE SPECIFICATION
1) Important Instructions to the tenderers
2) Scope of work
Section- 2.1(RSR mode Transportation)
Section- 2.2(Other terms and conditions)
Section- 2.3(Quality and Quantity)
3) Pre-qualification requirements
4) General and Financial Terms and Conditions.
5) Agreement
6) Termination of the Agreement
7) Special Conditions of the Contract (SCC)
8) Schedules and other annexure to be filled and submitted by the tenderer along with Part-I.
a) SCHEDULE - I Details of work of similar type and magnitude carried out by the
tenderer.
b) SCHEDULE - II Details of other works tendered for and on hand as on the date of
submission of tits tender.
c) SCHEDULE - III Details of equipment proposed to be provided and maintained at
site for the purpose.
d) SCHEDULE - IV Qualification of the tenderer if bidder is a professionally
qualified.
e) SCHEDULE - V Details of Technical personnel of the tenderer.
f) SCHEDULE - VI Details regarding financial standing of the tenderer.
g) SCHEDULE - VII Details regarding specific acceptance of important clauses of
terms and conditions.
9) Annexure I – Price bid proforma
10) Annexure II - Collection of samples and analysis at SDSTPS.
11) Annexure III – ProformaB.G.Bond for EMD.
12) Annexure IV – ProformaB.G.Bond for S.D.
13) Annexure V – ProformaB.G.Bond for Cost of Coal.
14) Annexure –VI - Terms & Conditions Of Reverse Auction.
15) Annexure-VII-Business Rules of Reverse Auction.
16) Annexure- VIII- Format for Joint Venture/Consortium Agreement
17) Annexure- IX - Form of Power of Attorney for Joint Venture/Consortium
Seal and signature of the Tenderer
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Summery sheet
S.No Item Description
1 e-tender notice no. 610000563
2 e-tender Specification No. 610000563
3 Name of the work Transportation of approximately 3.675 Million tonnes per
annum of beneficiated coal from different washeries at Talcher
area (M/s Spectrum Coal & Power Limited, washery siding
(BBMT), M/s Global Coal & Mining Private Limited, Washery
siding (MGCT) , M/s Aryan Energy Private Limited, Washery
(MGCT) or any other washery in Talcher area) to SDSTPS via
Paradip and Krishnapatnam Ports by Rail cum Sea for a
period of Two years on Reverse Auction Basis.
4 Description of the work Transportation of approximately 3.675 Million tonnes per
annum of beneficiated coal from different washeries at Talcher
area (M/s Spectrum Coal & Power Limited, washery siding
(BBMT), M/s Global Coal & Mining Private Limited, Washery
siding (MGCT) , M/s Arayan Energy Private Limited, Washery
(MGCT) or any other washery in Talche area) to SDSTPS via
Paradip and Krishnapatnam Ports by Rail cum Sea for a
period of Two years on Reverse Auction Basis.
i. Liasioning with different washeries at Talcher area (M/s
Spectrum Coal & Power Limited, M/s Global Coal &
Mining Private Limited, M/s Aryan Energy Private
Limited and any other washery at Talcher area) East
Coast Railways, Paradip and Krishnapatnam ports, co-
ordination and supervision of coal loading and
transportation of beneficiated coal from above
washeriesto Paradip port by Rail.
ii. Handling and loading of coal into Ships at Paradip
port.
iii. Transportation of coal from Paradip port to
Krishnapatnam port by Ship.
iv. Handling of coal at Krishnapatnam Port.
v. Handling / Transportation of coal from Krishnapatnam
port to SDSTPS by Conveyor/Road.
5 Place of the work Talcher Mines area, Odisha State, Paradip&Krishnapatnam
Port and SDSTPS Nellore, AP.
6 EMD to be paid Rs.1,00,000/- (Rupees One Lakh only) in the form of
Demand Draft from any Nationalized/Scheduled Banks in
favour of SAO/APPDCL/Vijayawada
And
Rs.18.3 Cr (Rupees Eighteen crore thirty lakhs only
Seal and signature of the Tenderer
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In the form of BG from any Nationalized/Scheduledbanks in
India with a validity of Six months and in favor of Chief
General Manager /APPDCL/Plot No.29, Road No.1, Central
Excise Colony, Andhra Loyola College road, Vijayawada-520
008.
7 Schedule Available Date
& Time From 31.08.2019 at 18:00Hrs onwards
8 Schedule Closing Date
&Time 14:00Hrs on 24.09.2019
9 Bid Submission closing
Date & time 14:00Hrs on 24.09.2019
10 Bid Submission Online (APGENCO e-procurement)
11 Bid Validity 120 days from the date of opening of the Bid
12 Pre Bid Meeting
On 12.09.2019 at 15:00 Hrs at Vidyut Soudha, Vijayawada
( Bidders shall submit the queries to APPDCL by 10-09-2019
and the queries received after 10-09-2019, will not be
considered)
13 Pre Qualification Bid
Opening Date At 16:00Hrs on24.09.2019
14 Technical Specifications
Bid Opening Date Not applicable
15 Price Bid Opening Date &
Time Will be intimated Separately.
16 Place of Opening O/o. Chief General Manager/APPDCL/Plot No.29, Road No.1,
Central Excise Colony, Andhra Loyola College Road,
Vijayawada-520 008.
17 Eligibility Criteria The bidder (Bidder means a proprietary concern / One
person Company (OPC) / Partnership Firm/Limited
Liability Partnership (LLP), through Joint
venture/consortium or through MOU and in
JV/Consortium and MOU, not more than two members
are allowed ) should have successfully executed works
contracts either directly or through MOU for Liasoning,
handling and transportation of a minimum of 6.00 Lakh
MT per annum of coal or any commodity to any Thermal
Power Station/Industry / Govt departments by rail cum
Seal and signature of the Tenderer
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sea (or) vice-versa mode during anyone of the preceding
seven years as on the original scheduled date of bid
opening
In case of a Consortium / JV, the lead member should
have a minimum of 26 % Stake.
The average annual financial turnover during the last
three years, ending 31-03-2019 should be not less than
Rs.200.00 Cr
The bidder should have Positive Net Worth as per the
latest audited financial Statement. In case, if the bidder is
LLP or through Joint venture or through MOU both the
partners should have Positive Net Worth as per the latest
audited financial Statement.
18 Security Deposit 2.5% of total contract value
Additional 1 % SD if the bidder is JV
19 Additional Deposit One month Washed coal costRs. 100 Crores in the form of Bank
Guarantee.
20 Documents to be
submitted (Hard copies)
to the Tender inviting
authority.
All the bidders shall invariably upload the scanned copies in
APGENCO e-procurement system and tits will be the
primary requirement to consider the bid responsive.
The bidders shall also scan & upload all the required
documents/ certificates / statements along with copies of
registration of Goods and Service Tax (GST) and PAN.
The tenderer is liable to be disqualified, if he is found to have
mislead or furnished false information in the forms /
Statements/Certificates submitted in proof of qualification
requirements and record of performance such as abandoning
of work, not properly completing of earlier contracts,
inordinate delay in completion of works, litigation itstory,
financial failures and or participated in the previous
tendering for the same work and has quoted unreasonable
high price etc.
Even while executing the work, if found that the contractor
had produced false/fake certificates, he will be black listed
and the contract will be terminated and its Bid security will
be forfeited and work will be carried out through other
agency at its cost and risk.
The tenderer shall furnish the affidavits that:
1) They have not been black listed in any department due to
any reasons.
2) They will agree to get disqualified themselves for any
Seal and signature of the Tenderer
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wrong declaration in respect of the above and get their
tender summarily rejected.
4) The soft copies uploaded by them are genuine. Any
incorrectness / deviation noticed can be viewed seriously
and apart from canceling the work duly forfeiting the bid
security, criminal action can be initiated including
suspension of business and/ or black listing.
21 Down loading of tender
documents
A complete set of bidding documents may be downloaded by
any interested bidder from APGENCO/APPDCL.
https://etender.apgenco.gov.in
for logging on to the e-tender site, the bidder would require
user id and password which can be obtained by submitting a
questionnaire available at our e-tender site as well as at
APGENCO/APPDCL. Tender site www.apenco.gov.in. First
time users, who are not allotted any vendor code are
required to approach APGENCO/APPDCL at least three
working days prior to schedule close date along with duly
filled in questionnaire for issuance of user id and password.
22 Other Important terms Bids shall be submitted online and opened at the address given
below. Biddersattendance during the Techno-commercial bid
opening and price bid opening in APGENCO/APPDCL
premises is not required.
Bidders shall furnish bid security/EMD, Power of Attorney,
Affidavit of not being Black Listed/Banned as per format,
certifies from statutory auditors(s) regarding net worth of the
bidders in physical form as detailed in bidding Documents
shall be furnished with five days after opening of Technical bid
at the address given below.
Address for communication:
The Chief General Manager,
APPDCL,Plot No.29,Road No.1,
Central Excise Colony,
Andhra Loyola College Road,
Vijayawada-520 008 ,Krishna Dist, AP.
Ph.No:0866-2454633: Ext: 131 or 142,
e-mail:appdcl.office@apgenco.gov.in
pmappdcl@apgenco.gov.in
website: https://etender.apgenco.gov.inor www.apenco.gov.in
Chief General Manager/APPDCL
Seal and signature of the Tenderer
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Important Instructions to Bidders
The prospective bidders are requested to go through the following instructions
carefully.
APPDCL invites online bids on Single Stage Two Envelope bidding basis (Envelope-I:
Techno-Commercial Bid & Envelope-II: Price Bid) with Reverse Auction from eligible
bidders for subject Package, as per the Scope of Work mentioned hereinafter.
The ‘Terms& Conditions of Reverse Auction’ and ‘Business Rules for reverse
auction’ are placed at Annexure- VI and Annexure -VII respectively. Instructions Related to
E –Tendering:
Bidders are required to go through the Guidelines provided at following e-tendering
site: https://etender.apgenco.gov.in
INTRODUCTION
1. Andhra Pradesh Power Development Company Limited (hereinafter referred to as
APPDCL or the Owner) have requirement for ”Transportation of 3.675 Million MT of
washed coal (beneficiated coal) from different washeries like M/s Spectrum Coal &
Power Limited, M/s Global Coal & Mining Private Limited , M/s Aryan Energy Private
Limited washery or any washery at Talcher area to 2x 800 MW Sri
DamodaramSanjeevaiah Thermal Power Station, via Paradip and Krishnapatnam Ports,
SPSR Nellore Dist, AP. The delivery schedule and timely transportation washed coal to
SDSTPS is the essence of the contract.
2. Location of washeries at Odisha, Talcher area and destination to the transportation is
APPDCL Thermal Power Station Sri DamodaramSanjeevaiah Thermal Power Station
(SDSTPS) situated at SPSR Nellore district, Andhra Pradesh which is approximately 8
Km away from Krishnapatnam Port in Nellore District of Andhra Pradesh. There is no
railway connectivity between Krishnapatnam port and SDSTPS. The washed coal from
Krishnapatnam port to SDSTPS shall be transported through available dedicated
Conveyor system of Krishnapatnam Port/APPDCL and in case non-operative of any
conveyor, the coal is being transported by Road. It due any unaided reasons the coal is
diverted to RVR stock yard the same has to be transported to SDSTPS by conveyor/road.
3. The Successful Bidder shall transport the washed coal to SDSTPS/APPDCL Power Station,
from different washeries like M/s Spectrum Coal & power Limited, M/s Global Coal &
Mining Private Limited, M/s Aryan Energy Private Limited and if any washery added for
supply of washed coal to SDSTPS through Paradip and Krishnapatnam Portsto meet the
washed coal requirements of SDSTPS.
4. Indenting/obtaining railways rakes in coordination with washery operators, supervision of
loading of washed coal in to railway rakes at washery out let railway sidings, monitoring
of movementof washed coal through railway rakes up to Paradip port, handling the coal
at Paradip port, stocking of washed coal at Paradip port storage plots duly allotted by
port authorities, arranging vessels, stevedoring, handling, storage, port clearances,
Seal and signature of the Tenderer
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Payment of Port charges, loading in to vessels, berthing at Krishnapatnam, Unloading of
vessel at Krishnapatnam, transportation of washed coal by KPCL/APPDCL dedicated
conveyor system to SDSTPS coal stock yard.. All other activities for clearing and
forwarding of the consignments like, co-ordination with Ports, Road transport
Authorities and any statutory authorities shall also be part of Scope of Work of the
Successful Bidder.
5. The indicative quantity of coal to be handled is around 3.675 Million MT per annum, the
quantity may be increased or decreased depends up on allocation M/s MCL. At present
APPDCL has FSA for 5.00 MMTPA of raw coal with M/s MCL.
6. Normally the tenders should not differ from the terms and conditions and technical
specification incorporated in the tender documents for the scope of work. In case of any
deviations, the same should be specified (in Schedule-VII).
Those tenders which contain the full information and which comply with the
requirements regarding technical and financial qualifications, experience and equipment
will be considered. The successful tenderer shall hand over the hard copies of tender
documents to The Chief General Manager/APPDCL/Plot No.29, Road No.1, Central
Excise Colony, Andhra Loyola college Road,Vijayawada-520008 or any authorized
representative directly or through its agent or by registered post or by courier service
before stipulated time given to him before issuing of Letter of Intent/Acceptance.
7. The price-bids of such tenderers who are determined to have complied with the eligibility
criteria will only be opened.
8. Notwithstanding anything stated above, APPDCL reserves the right to assess the
tenderer's capacity to perform the contract, should the circumstances warrant such
assessment in the overall interest of the APPDCL. In tits regard the decision of the
Company is final.
9. The tenderer should upload the relevant documents duly signed on each page with seal.
10.The bidders need to contact The Chief General Manager/APPDCL (or) General
Manager/ERP/APGENCO for information on e-Procurement if required.
11. Submission of Bids: The Bidder shall submit its Bid online, on APGENCO e-Procurement
platform i.e., https: //etender.apgenco.gov.in, as per the procedure given below.
The bidders shall register on the APGENCO e-procurement Website, i.e., on
https://etender.apgenco.gov.in and submit their bids online. Offline bids will not be
entertained by the Tender Inviting Authority, for the tenders published in APGENCO
e-Procurement website.
The Tenders/Bids shall comprise of the following.
a. Earnest Money Deposit, in specified form, and for requisite amount.
b. Power of Attorney to sign the bid documents.
c. If the bidder is JV/Consortium the consortium agreement & Power of Attorney.
Seal and signature of the Tenderer
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d. All relevant bid schedules (as per the formats in the Tender Specification),
furnishing all requisite details, signed and seal & date affixed. Each Schedule shall
be accompanied by supporting documentation, as stipulated therein. These shall
include documents evidencing compliance with Qualification Requirements, etc.
e. Scanned copies of each of the above shall be uploaded to the APGENCO e-
Procurement website.
f. The bidder shall sign on the statements, documents, certificates, uploaded by him,
owning responsibility for their correctness/authenticity.
g. The Bidder shall be solely responsible to ensure that the Prices & Price
components indicated in the uploaded Price Schedule are in line with the Terms
& Conditions stipulated in the relevant Bid Schedule. In case the figures in the
Price Bid are at variance from the particulars indicated elsewhere, APPDCL will
adopt/consider, whichever is more advantageous to APPDCL.
h. No documents need to be submitted by the Bidders offline except i. EMD, 2.
Power of Attorney, Affidavits for not been block listed etc., . Any offline bid
submission clause in the tender document, other than that required from
Successful Bidder, shall be disregarded.
12. Registration with APGENCO e-Procurement platform: Only those Bidders, who are
registered on the APGENCO e-procurement website, are eligible to participate. For
any queries on registration and online bid submission, on APGENCO e-Procurement
platform, the bidders may contact HELP DESK provided in the APGENCO e-tender
site.
13. The details of e-Procurement tenders can be accessed from APGENCO e-Procurement
site, https://etender.apgenco.gov.in.You may login using your login id & password to
view all tenders available for you. Alternatively, you can access APGENCO e-tender
site by using the link provided in www.apgenco.gov.in website.
14. TENDER DOCUMENT:
The Bidders are requested to download the tender document and read all the
terms and conditions mentioned in the tender Document. Any clarifications shall be
sought from the Tender Inviting Authority, prior to submission of Offer only.
It is the responsibility solely of the Bidder, to keep track of any changes by
viewing the Addendum/Corrigenda issued by the Tender Inviting Authority, from
time to time, in the APGENCO e-Procurement website. The Department calling for
tenders shall not be responsible for any claims/problems arising out of tits.
15. PRE-REQUISITES TO SUBMIT TENDERS ON LINE:
You should have a valid User ID and password to access APGENCO e-Procurement
site. A system generated password is sent to you at the time you are registered as a
SRM Vendor. You should have a legally valid Class II/Class III digital certificates and
encryption certificates as per Indian IT Act from the licensed Certifying Authorities
Seal and signature of the Tenderer
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operating under the Root Certifying Authority of India (RCAI), Controller of Certifying
Authorities (CCA) of India.
You should have internet connectivity, preferably broadband. Tender fee in the form
of DD/Pay Order in favour of APGENCO/APPDCL has to be paid along with the
tender Documents wherever applicable.
You should fulfill any other pre-requisites mentioned in the tender documents of a
specific tender.
16. INSTRUCTIONS FOR OBTAINING DIGITAL CERTIFICATE:
In order to bid for APGENCO e-tenders, all the vendors are required to obtain a legally
valid Class II/ Class III digital certificate and encryption certificate as per Indian IT Act
from the licensed. Certifying Authorities (CA) operating under the Root Certifying
Authority of India (RCAI), Controller of Certifying Authorities (CCA) of
India.(http://www.cca.gov.in/).
STEPS FOR OBTAINING DIGITAL CERTIFICATE:
Visit the site of the licensed CA using internet browser. Apply online for a class 3
digital certificate for the designated individual with organization name. Ensure the
Digital Certificate is legally valid in India. For making payment and submission of
documents required for issue of the Digital Certificate, follow the instructions on the
CA's website.
Use the class 3 Digital Certificate thus obtained for online bidding on APGENCO e-
Procurement site. Links to some of the licensed CA's are provided below:
http://www.tcs-ca.tcs.co.in/
http://www.apts.gov.in/ ;http://www.safescrypt.com/
https://www.ncodesolutions.com/; http://mtnldigitalsignature.com/
17. TECHNICAL SETTINGS: For all the technical details & setting, bidders are requested to
go through the “Guidelines to Bidders for participating in APGENCO's e-Procurement
Tenders” provided in the APGENCO e-Procurement site.
https://etender.apgenco.gov.in.
18. BID ATTACHMENTS: The bidders should not upload multiple files with same file
name. If you wish to upload a new version of an already uploaded file, please ensure
that the file name is numbered (e.g. if you have already uploaded a file named abc.pdf
and wish to upload a new version of the same, you may upload it with the name
abc_v2.pdf).
19. VENDOR REGISTRATION: The Bidders should submit the online vendor registration
requests, well in advance before the Bid submission deadline at least 3 working days
before submission deadline.
Seal and signature of the Tenderer
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All the bidders are requested to view bidder manual (RFx& Auction) i.e., Bidder Training
document for Supplier Relationship Management (SRM) provided in the APGENCO e-
Procurement site, https://etender.apgenco.gov.in.
20. Submission of Hard copies:
a) All the Bidders shall invariably upload the scanned copies of DD/BG & all other
documents in APGENCO e-Procurement System. Tits will be the primary
requirement to consider the bid responsive.
b) Technical Bid evaluation shall be carried out, solely based on the Documents/
Certificates etc., uploaded in the APGENCO e-Procurement system and Price Bids of
the qualified Bidders shall be opened.
c) APPDCL shall notify the successful bidder for submission of original hard copies of all
uploaded documents, DD/BG towards EMD etc., for ensuring their
genuineness/authenticity, prior to entering into agreement or placement of Order.
The Successful Bidder shall, at its sole risk & responsibility, submit the same to the
Tender Inviting Authority, before stipulated date & time.
d) In case, the successful Bidder fails to submit the Original Hard Copies of uploaded
Certificates/Documents, DD/BG towards EMD etc., within the stipulated date & time
(OR) if any variation is noticed in the uploaded documents and the original hard
copies submitted by the successful Bidder, appropriate penal & deterrent action will
be taken as per the rules in force.
e) If any of the documents furnished by the bidder is found, at any point of time, to be
false/fabricated/bogus, such Bidder is liable for black listing, forfeiture of the EMD,
cancellation of work and criminal prosecution.
21. BID SUBMISSION ACKNOWLEDGEMENT:
The bidder shall complete all the processes and steps required for Bid submission. The
system will generate an acknowledgement with a unique bid submission number after
completing all the prescribed steps and processes by the bidder. Users may also note
that the bids for which an acknowledgement is not generated by the APGENCO e-
Procurement system are treated as invalid or not saved in the system. Such invalid bids
are not made available to the Tender Inviting Authority for processing the bids.
APPDCL shall not responsible for incomplete bid submission by users.
22. The successful tenderer shall hand over the hard copies of tender documents to The Chief
General Manager/APPDCL/Plot No.29, Road No.1, Central Excise Colony, Andhra
Loyola college Road,Vijayawada-520 008 or any authorized representative directly or
through its agent or by registered post or by courier service before stipulated time
given to him before issuing of Letter of Intent/Acceptance. The date of submission of
hard copies will be intimated after finalizing of the successful tenderer through e-mail
to that e-mail ID which was submitted during registration of e-procurement. The
receipt of the same within the stipulated date shall be the responsibility of the
successful bidder. A copy of valid Contractors Registration proceedings shall be
enclosed along with the hard copies of Tender documents.
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23. In case of proprietary concern, firm or company, the person signing the tender should
either be proprietor, Managing Director or Managing Partner (evidence documents
shall be submitted). Any other person signing the tender on behalf of any of the
persons or on behalf of the company or firms should do so on proper authorization
only and attested copy of the letter of authority or Power of Attorney should invariably
be submitted to the tender. Tenders submitted without any such letter of authority are
liable for rejection. Any change in address should be promptly intimated.
24. The Tenderer should read and understand clearly the tender specification, general and
special conditions before uploading of documents and submission of the tender.
25. In case of any doubts arising in the description of the work or any other items of the
conditions, they can be got clarified from the undersigned before submission of the
tender.
26. APPDCL reserves the right to reject any or all of the tenders without assigning any
reasons whatsoever.
27. APPDCL reserves the right for increasing/decreasing the quantity of work involved in the
schedule enclosed.
27. APPDCL reserves the right to split up the work and award the same to different agencies.
28. The Successful tenderer should execute the work to the satisfaction of the concerned
officials of APPDCL.
29. Any damage/breakage of APPDCL equipment etc., shall be made good by the Successful
tenderer at its cost.
30. All and any disputes or differences arising out of tits transaction or touching tits contract
shall be subject to the exclusive jurisdiction of the courts situated in
Amaravati/Vijayawada only irrespective of place of signing the agreement.
31. The tenderer should acquaint himself of the provisions and obligations under contract
labour act and Factory Act and if the number of labour engaged attracts the provisions
of the said Act, the same should be brought to the notice of the APPDCL beforehand.
32. The tenderer shall comply with all State, Central Laws, Statutory rules, Motor Vehicle
rules, regulations etc., Such as payment of wages act, minimum wages act, workmen
compensation Act.
33. Employers liability Act, Industrial disputes act, Employees provident fund scheme,
Contract labour regulations and abolition act 1970, and other Acts, Rules, Regulations
as are in force for the welfare of the labour and also as may be enacted by the
Government during the tenure of the contract and having force or jurisdiction at site.
The tenderer shall give to the local governing body, police and other relevant
authorities all such notices as may be required by law.
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34. The tenderer should take necessary precautions against any possible accident to its
workers or damage to the equipment and he alone will be responsible for any
untoward incidents occurring while carrying out the above work and the APPDCL will
not accept any responsibility for loss of any material or T&P during the execution of the
work.
35. APPDCL reserves the right to place order for entire quantity on one tenderer, divide the
quantity suitably and place orders on different tenderers, place more than one order on
the same tenderer or different tenderers on different dates during the validity period
and/or quantities up to the totals indicated in tits specification, reduce/increase the
quantities, reject any or all the tenders and not to accept the lowest or any tender
without assigning reasons.
36. The quantity indicated is purely tentative and if materialization is not done, bidders shall
have no right to claim any extra amount.
37. APPDCL reserves the right to amend or modify the tender and its conditions before
SCHEDULE DATE AND TIME under intimation to the tenderers.
38. Any other condition regarding receipt of tenders in conventional method appearing in
the tender documents may please be treated as not applicable.
39. APPDCL may resort to pre-close the contract at any time during the period of the
contract without any liabilities or what so ever in the overall interest of APPDCL.
40. APPDCL reserves the right to cancel the tendering process at any stage, without
assigning any reasons whatsoever.
41. In case the work carried out is not satisfactory, APPDCL reserves the right to terminate
the contract with 30 (Thirty) days notice.
42. The Successful tenderer shall fully indemnify APPDCL against all claims of whatsoever
nature arising during the course of performing the work under contract.
43. Those tenders which contain the full information and which comply with the
requirements regarding technical and financial qualifications, experience and
equipment shall only be considered. The tenders will be opened by the CHIEF
GENERAL MANAGER/APPDCL or its nominee at Office of Chief General Manager
office at H.No:54-16-2/3; Plot No:29, Road No.1; Central Excise colony, Gunadala,
Vijayawada-520 008 on the schedule date mentioned.
44. The price-bids of such tenderers who are determined to have complied with the eligibility
criteria will only be opened.
Seal and signature of the Tenderer
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45. Notwithstanding anything stated above the APPDCL reserves the right to assess the
tenderer's capacity to perform the contract, should the circumstances warrant such
assessment in the overall interest of the APPDCL. In tits regard the decision of the
APPDCL is final.
46. On the due date of submission of bid,
(a) The bidder including any of their affiliate should not have been
blacklisted/banned for participation by any Central Government or State
Government, or Central PSU or State PSU or any Government Corporation
owned by State or Central Government, during the last three years.
(b) The term ‘affiliate’ shall means a company that directly or indirectly controls or is
controlled by or is under common control with the bidder and ‘Control’ means
ownership by one company of at least 26% of the voting rights of the other
company.
47. The tenderer is liable to be disqualified besides blacklisting for a period of three years, if
it is found to have mislead or furnished false information in the forms / Statements /
Certificates submitted in proof of qualification requirements and record of performance
such as abandoning of work, improper completionof earlier contracts, inordinate delay
in completion of works, litigation itstory, Financial failures and or participated in the
previous tendering for the same work and has quoted unreasonable high price etc.
48. If the tender opening date falls on Public holiday, the tender will be opened on the next
day.
49. SITE VISIT: The bidder may visitWasheries at Talcher area, Odisha State and
SriDamodaramSanjeevaiah Thermal Power Station, Nelatur Village, Mutukur Mandal,
SPSR Nellore Dist, Andhra Pradesh and acquaint themselves with the surroundings of
the plant and logistics.It is deemed that the bidder has completely satisfied itself of all
the locations from which the contract is to be performed and no claim or dispute would
be entertained in tits connection.
50. Necessary documents shall be submitted only through online and the hard copies of up
loaded documents shall be submitted within the stipulated time.
51.LANGUAGE OF BID: the bid prepared by the bidder and all correspondence and
documents related to the bid exchanged between the Bidder and APPDCL shall be
written in English language, provided that any printed literature furnished by the
bidder may be written in another language, as long as such literature is accompanied
by a transition of its potential passages in English language in which case, for purpose
of in perpetration of the bid, the translation shall govern.
“The English Translation of the documents shall be carried out by professional
translators and the translator shall certify that he is proficient in both languages in
order to translate the document and that the transaction is complete and accurate.
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Further, transition shall be authenticated by the Indian Consulate located in the
Country where the documents have been issued or the Embassy of the Country in
India”.
52. BID CURRENCY: Prices shall be quoted in the Indian Rupees only.
53. Dead line for submission of Bids: Bids (Techno-Commercial bid and price bid) shall be
submitted in compliance to provision of the bidding documents. Not later than the time
and date specified in the bidding documents/any subsequent communication from the
APPDCL. Delayed submission of Bids shall automatically result in rejection.
Original bid security, Declarations/Affidavit of not being black listed/Banned
etc., Statutory Auditors(s) Certificates and Power of Attorney shall be submitted
in Physical Formas stipulated at the time mentioned in the bidding document
and at the address specified in the specification. APPDCL shall not be liable for
loss/non-receipt/late receipt of above documents in postal transit.
In the event of the specified date for submission of bids being declared a
holiday for APPDCL, the bids will be received up to the appointed time on the
next working day.
APPDCL may, at its discretion, extend tits deadline for submission of bids by
amending the bidding documents.All rights and obligations of APPDCL and
bidders will there after the subject to the deadline as extended.
Date & time for opening of price bid and Reverse Auction will be intimated
separately to the bidders whose techno-commercial bid is found to be
acceptable.
54. BID OPENING AND EVALUATION:
i.TECHNICAL BID OPENING:
APPDCL will first open Techno-Commercial Bid, on the date and at the place
specified at specification above/any subsequent communication from the
APPDCL. A Bidder or its authorized representativeshall attend during the
Techno-commercial Bid opening atAPGENCO/APPDCL premises. . In the
event of the specified date for the opening of bids being declared a holiday
for APPDCL, the bids will be opened at the appointed time on the next
working day. All important information and other such details as APPDCL
at its discretion may consider appropriate will be announced on the Bid
opening date.
In case requisite bid security along with the bid is not submitted before the
stipulated bid submission closing date and time, then bid shall be rejected by
APPDCL as being non-responsive and online bid shall not be opened.
The price bid will remain unopened and the date and time for opening of
Price Bids along with Reverse Auction schedule shall be intimated
separately by APPDCL after completion of evaluation of Techno-
commercial bids.
Bids that are not opened and read out at bid opening will not be considered
for further evaluation, regardless of the circumstances.
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Only those bidders who are found eligible in the evaluation of Techno
Commercial Bid by fulfilling the stipulated criteria will be required to
attend the next stage of bid evaluation. .
Bidders whose Techno-Commercial bid is not substantially responsive, and
/or not meeting the qualifying requirements shall be rejected and shall not be
opened and their bid security shall be returned.
ii.PRICE BID OPENING:
After the evaluation process of techno-commercial bid is completed,
APPDCL will inform in writing/e-mail the eligible bidders regarding date,
time and venue set for the opening of price bid /any subsequent
communication from the APPDCL..
Price bids of those bidders, who have been considered qualified and whose
Techno-commercial bid found to be responsive, will be opened online.. A
Bidder or its authorized representativeshall attend during the Price Bid
opening at APGENCO/APPDCL premises.
The participating bidders will be able to view the bid prices of all the bidders
after completion of Reverse Auction.
iii. Reverse Auction: Reverse Auction will be carried out immediately after
opening of Price bid. The technically qualified bidders will be intimated by
letter/e-mail of the schedule for the Reverse Auction.
55.Award Criteria:The technically & commercially responsive and lowest evaluated bidder
after completion of Reverse Auction shall be considered for award.
However, APPDCL reserves the right for increasing/decreasing quantity of material
involved depends upon the requirement. APPDCL reserves the right to split up the
qualities and award the same among the bidders if necessary for smooth operation of
the plant at rated capacity.
The awarded quantity by APPDCL to the bidder, to be transported, shall be binding on
the bidder and bidder shall have any right to seek alternate allocation or any claim on
tits account from APPDCL.
56. Contacting APPDCL:
No bidder shall contact APPDCL on any matter relating to its bid, from the time of
opening of bids to the time Contract is awarded.
Any effort by a bidder to influence APPDCL regarding bid evaluation process, bid
comparison or contract ward decision may result in rejection of the bidder’s bid.
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57. Submission of Bid: The Techno-Commercial bid comprises of following two categories
of documents:
Documents to be submitted in physical form in separate sealed envelope (s) duly
marked in accordance with and containing the following:
Bid security shall be furnished in a separate sealed envelope duly marking the
envelop as “BID SECURITY”.
The power of attorney furnished shall be sealed in a separate envelop duly
marking the envelope as “Power of Attorney”.
Declarations’/Affidavit of not being Black listed/Banned etc., shall be sealed in
a separate envelope duly marking the envelope as “Declarations’/Affidavit of
not being Black listed/Banned etc.,”.
The above hard copies shall be submitted to CGM/APPDCL with in five (5)
days of bid opening.
The inner and outer envelops shall:
be addressed as under:
The Chief General Manager,
APPDCL, Plot No.29, Road No.1,
Central Excise Colony, Andhra Loyola College Road,
Vijayawada-520 008.
Bear the package name………………. invitation for bids title and number
indicated and the statement “Do not Open Before {date},’ to be completed with
the time and date specified herein after.
The inner envelopes shall also indicated the name and address of the bidders.
If the outer envelope is not sealed and marked as above, the employer will
assume no responsibility for its misplacement.
58. Documents to be submitted online through e tender Mode:
i. Techno-Commercial Bid: Unconditional Techno-commercial bid submission form
(Schedule-iv) duly completed together with the following attachments shall be
uploaded in the private area earmarked in the c-folder.
Schedule-I the documentary evidence establishing qualification in terms of
pre-qualification requirement of Clause No.3.
Copy of any amendments /addenda/corrigenda /errata /clarification to the
bidding documents/minutes of meeting issued by APPDCL duly stamped
and signed on each page as a token of acceptance of all terms and
conditions contained therein.
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Any other document, in the opinion of the bidder to establish the
qualifications and fulfill the tender requirements.
The techno-commercial bid should not contain any price content entry. In
case the techno-commercial bid is found to contain any price content, such
bid shall be liable for rejection.
ii. Price Bid: the price bid is to be submitted online through e-tendering mode only in
Main screen of Bid invitation and shall comprise of following components:
a. Item data: The bidder shall fill up online in “Basic price conditions” filed the
price data against items mentioned in the item data in main screen of bid
invitation. The total bid price can be viewed through output preview tab.
b. Attribute In General data: The attributes, if mentioned in general data,
requiring any confirmation/information are to ticked /filled up suitably.
c.Conditions in general data: Bidder has to fill “Total Landed Price including
Taxes & duties” in the Basic filed provided in conditions tab in Item Data.
Total bid price shall be reflected in output preview in Main screen of Bid
invitation.
d.Documents to be uploaded in Main screen of Bid Invitation: Unconditional
price bid submission Annexure-I duly completed and price schedule shall
be uploaded in General data through “ Attachment” link provided in
Unripe Bid” tab:
(Bidders may note that bid from (Price Bid) together with its attachment and price
schedule should not be uploaded in C folder) . Further, the price bid Annexure-I
shall be filled and scanned and shall be uploaded in the commercial template.
Annexure-I shall not be uploaded in the Technical bid.
Price bid should not contain any matter in respect of Technical and /or Commercial
aspects other than the details specifically sought in the price Bid. If the
technical/commercial matters indicated in Price Bid are found to be in contradiction
with the details furnished in Techno-Commercial bid, the details furnished in Techno-
Commercial Bid shall prevail.
59.Dead line for submission of Bids: bids (Techno-Commercial bid and Price Bid) shall be
submitted in compliance to the provisions of the bidding documents no later than the
time and date specified in the bidding documents/any subsequent communication
from the employer.
Original bid security, declarations/affidavit of not being black listed/banned etc. statutory
auditors(s) certificates and Power of Attorney shall be submitted in Physical form
before stipulated bid submission time mentioned in bidding documents at the address
specified above. APPDCL shall not be liable for loss/non-receipt/late receipt of above
documents in postal transit.
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In the event of the specified date for submission of bids being declared as holiday for the
APPDCL the bids will be received up to the appointed time on the next working day.
60. Date and time for opening of price bid shall be intimated separately to the bidders whose
techno-commercial bid is found to be acceptable.
Chief General Manager
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2.0SCOPE of WORK
i. The Scope of work consists of Liasoning with different washeries at Talcher area (i.e.,
M/s Spectrum Coal & Power Limited, washery, M/s Global Coal & Mining Private
Limitedwashery, M/s Aryan Energy Private Limited washery or any other washery in
Talcher area) , East Cost Railways, Paradip and Krishnapatnam ports, coordination
and supervision of coal loading( loading of wagons at washery outlet with availability
of Rapid load System, if Rapid Loading System is not available washery operator will
load the wagons manually and it is the responsibility of washery operator but in both
the cases Transport operator has to supervise the loading of wagons to avoid under
and over loading) at different washeries.
ii. Liasoning with Railways for arranging rakes, transportation of washed coal by
railways, delivery at Paradip Port, Storage and handling at Paradip port and further
movement to Sri DamodaramSanjeevaiah Thermal Power Station via Krishnapatnam
Port by Sea, handling at Krishnapatnam Port and from Krishnapatnam port to SDSTPS
site by dedicated Conveyor System/road by ensuring minimum of transit loss for a
period of Two years.
2.1 : Rail Cum Sea Cum Conveyor/Road (RSR) MODE TANSPORTATION
The detailed scope of the work covered by the RSR mode transportation of washed coal
is given below:
2.1.1 Liasoning with Washeries
I. Liasoning with the following different washeriesat Talcher area as per the requirements
and availability of washed coal stocks at washeries, co-ordinate with washeries and EC
railways to obtain the indented railway rakes from East Coast Railways.
a. M/s Spectrum Coal & Power Limited, Washery (BBMT rail way siding)
b. M/s Global Coal and Mining Private Limited, Washery (MGCT Railway
siding)
c. M/s Aryan Energy Private Limited washery (MGCT Railway siding)
d. or any other washeries Railway sidings at Talcher area to Paradip Port)
II. Supervising the coal loading at different washeries monitoring movement of washed
coal from the different washeriesrailway loading points to Paradip Port by rail.
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III. Joint sample collection at washery out let along with APPDCL appointed IIA and
washery operator while loading the coal into wagons/rakes as per the Sampling
procedure.
IV. Coal is loaded as per permissible carrying capacity of wagon.
V. Any bottlenecks in the loading from railway siding to destination for want adequate
wagons shall be immediately taken up with the concerned authorities.
VI. Weighing of wagons at weighbridge available at washeries.
VII. Supervision of coal transport by rail.
VIII. Monitoring arrival of wagons/rake at Paradip Port and lodge claims in time with
Railways for the missing wagons.
IX. Demurrage, damage to wagon and theft of wagon parts at siding, penal charges if any
payable to railway due to wrong weighment at siding, detention charges if any, en-
route from washery siding to Paradip port shall be payable by the contractor/deducted
from the contractor. In case any rake is not weighed at unloading end, then the RR
weight at washery end shall be considered as the basis for weighment of such un-
weighed rake.
X. The contractor shall monitor the route of the rake movement. The contractor should
identify the critical locations were such theft occurs. If any theft is observed the same
should be eliminated with the help of local administration and railways.
XI. If required, the contractor should deploy its work force with the rake to prevent any
pilferage in transit.
XII. Contractor shall coordinate with Railway and make effort to avoid rake diversion.
XIII. The contractor should ensure that the rakes are not weighed by weigh bridges whose
performance is not satisfactory or whose calibration certificate has expired.
XIV. The Rail way freight for transport of coal from different washeriesat Talcherarea to
Paradip Port will be paid by APPDCL.
XV. If any additional Railway freight is paid by the Successful tenderer consequent upon
overloading/under loading of materials in Railways wagons, the same shall be to the
account of the Successful tenderer
2.1.2Paradip Port Handling works:
I. Required Liasoning and follow up with Paradip port authorities for unloading of rakes
in the siding and stacking of coal in the allotted plot shall be carried out.
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II. Over seeing & coordination with Paradip port authorities for timely unloading of coal
from wagons to prevent demurrage on detention of wagons.
III. Coordinate and execute the manual unloading of BOXN wagons at the unloading siding
and temporary stacking at unloading yard. For manual unloading of coal from wagons
all necessary labours, manual and mobile equipment required is to be made available or
required to be tied up in adequate quantity.
IV. The contractor shall coordinate and witness the calibration of weigh bridges located at
the unloading end.
V. Unloading of coal from wagons at the stock yard within the Port.
VI. Twenty-four hours watch & ward for the coal stack of APPDCL at Paradip port shall be
provided.
VII. Maintain coal in dumps with proper suppression of dust as required by the Port.
VIII. Payment of plot rent, Port dues etc.
IX. Intra-port transportation from stockyard to wharf and loading into ship.
X. Suppression of dust in ship holds to the satisfaction of Port and the Master of the ship
shall be carried out.
XI. The unloading of coal wagons shall be done by taking necessary precautions. The
demurrage on detention of coal wagons shall be to the account of the Successful
tenderer.
XII. It would be the responsibility of the Successful tenderer to properly maintain the coal
dump at the stock yard complying with all the requirements of the Port. Adequate
measures for dust suppression and the Successful tenderer shall take suppression of
spontaneous combustion.
XIII. The coal shall be transported by suitable and adequate trucks to the wharf and loaded
into the ships.
XIV. Railway freight from Railway siding to Paradipport will be paid directly to Railways by
APPDCL and cost of Raw Coal will be paid by APPDCL directly to M/s MCL.
XV. Any shortage of coal between quantities as loaded at the washeries as per RRs and the
quantity as per Bill of Lading of vessels loaded at Paradip Port is to the account of the
Successful tenderer.
XVI. Payment of all port dues in time. It would be the responsibility of the contractor to abide
by the regulations of the port for maintenance of the stockyard, and to remit the plot
rent and port dues in time. Any penal levy imposed for belated payments of rent or
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port dues or infringement of any of the conditions shall be borne by the contractor.
XVII. Berthing and dispatch of ship from Paradip port shall be informed to APPDCL. The ship
arrival time, pilot barding time, berthing time, time of commencement of loading,
loading status of the ship at Paradip port time of completion of loading and sailing time
shall be provided by e-mail & SMS. Bill of lading shall be provided along with the bill
for the completed work.
XVIII. Shall hire suitable Vessels to satisfy the regulations of the port authorities and also sea
worthy vessels classed 100-A1 by Lloyds or equivalent classification society and
approved by General Insurance Corporation of India.
XIX. Particulars with regard to receipt of rakes at Paradip port including the no of wagons
received/no of wagons released, coal stock at Paradip port daily loading status of ships
at Paradip Port and rake diversions if any shall be furnished on daily basis to APPDCL
authorities. Tits information is to be proved through e-mail, SMS, Phone, Fax to the
CGM/APPDCL & DE/APPDCL for monitoring the coal movements.
XX. Timely placement of ships at Paradip Port and monitoring the loading of coal with
necessary precaution. Detention of vessels due to delays in berthing of vessels or due to
any lapse on the art of the contractor shall be to the account of the Contractor.
XXI. The custom clearance of the coal for loading in vessel that maybe deployed for APPDCL
shall be done prior to arrival of the vessel. The contactor shall pay customs officer
deployment (MOT) charges if any.
XXII. Any complaint from port authorities or ship’s master regarding foreign material shall be
attributed to the responsibility of the contractor and all cost on such account shall be to
the contractor.
XXIII. Carrying out draft survey of vessel at Paradip port to assess the quantity of coal loaded
on to vessel. The charges towards the draft survey of vessels at loading port/discharge
port is to be borne by the contractor.
XXIV. As per the Govt. of India norms,necessary measures to control pollution has to be taken
by contractor and the expenditure in the scope of contractor only.
2.1.3Ocean Transportation
I. The Successful tenderer should make their own arrangement for chartering ships. Hire
charges for ships for carrying coal from Paradip Port to Krishnapatnam Port should be
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borne by the Successful tenderer including Port charges, berth hire, Pilotage, ILH dues,
bunker charges etc. The rate should be furnished per one MT basis.
II. The ship hired should be suitable to satisfy the regulations of port authorities.
“Shipment of coal shall be made only by sea worthy vessels classed 100 -A1/as per the
instruction of Paradip port authorities by Lloyds or equivalent classification Society and
approved by General Insurance Company of India”. Any demurrage during shipping
operation is to the account of the Successful tenderer. The Successful tenderer is
responsible for finance, establishment and supervision of monitoring of vessels.
2.1.4 Krishnapatnam Port Handling
I. Arrange for discharge of ships at Krishnapatnam Port and paying port dues.
II. Unloading from ships on the wharf/Conveyor.
III. Transportation up to Silo through Krishnapatnam Port Company Limited
(KPCL) conveyors and from APPDCL silo at KPCL end to SDSTPS through
dedicated External Coal Conveyor System (ECCS).
IV. The quantity received at SDSTPS through the pipe conveyor shall be as per the
Bill of Lading (BL) quantity as surveyed at Krishnapatnam Port. In case the coal
is being received by road the quantity as per the weigh bridges at SDSTPS is
final subjected to maximum of Bill of lading.
V. If the Port/APPDCL Conveyors are not in service, the unloaded coal at berth to
be moved to stockyard, maintain dumps at the stockyard within the port with
proper suppression of dust as required by the port if required.
VI. Reload into trucks at the stockyard within the port for onward transportation to
SDSTPS if transportation is by road from port to SDSTPS.
VII. Payment of plot rent and port dues etc. are to the account of contactor.
VIII. Any shortage of coal between the quantity mentioned in Bill of Lading while
loading in to ship at Paradip Port and the quantity received and surveyed
quantity at KrishnapatnamPort or weighed at SDSTPS on transportation from
Krishnapatnam Port by road shall be to the account of the Successful tenderer.
IX. Make arrangements for continuous loading and transportation of washed coal
by road to SDSTPS in case APPDCL/Port Conveyor is out of Service.
X. Load the trucks to the carrying capacity as per the RTA rules in vogue.
XI. Comply all formalities as per rules and regulations in force of Port authorities.
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XII. Arrange for sprinkling of water over the coal dump to prevent coal dust escaping in the
air as an antipollution measure. In case water supply from the port trust is not adequate,
it will be the responsibility of the Successful tenderer to make alternate arrangements for
supply of water. The Successful tenderer should ensure that all the antipollution
measures are strictly implemented to the entire satisfaction of the port/ customs/other
statutory authorities, throughout the currency of the contract at its its own cost.
XIII. The Successful tenderer shall be responsible for demurrages on detention of vessels
resulting from a slower average rate of discharge for reasons not attributable to
APPDCL.
2.2OTHER TERM AND CONDITIONS
2.2.1 STATUTORY ITEMS: The rates under statutory items shall be those as are prevailing
at the time of tendering. The notification from the respective statutory bodies shall be
furnished in proof of the rates quoted. Any variation in the rate for statutory items will
be admitted only on submission of necessary documents in proof of such variation from
the concerned statutory bodies. Claims for payment in future for any statutory items
other than those indicated in the tender will not be considered unless the levy has been
introduced subsequently to the date of tender.
2.2.2 NON STATUTORY ITEMS: The tenderer should indicate charges with break-ups which
is "Firm" throughout the contract.
2.2.3 DEMURRAGE ON WAGONS: It shall be the responsibility of the tenderer for the timely
indenting of the necessary labour for unloading of coal wagons at Paradip port. Any
demurrages on detention of wagons, beyond the free time, Engine Haulage or any other
charges levied by Indian Railways shall be to the account of the tenderer. It may be
specifically noted that no deviation in the above stipulation will be accepted by the
APPDCL on any account.
2.2.4 DEMURRAGE CHARGES FOR SHIPS:
Vessels shall be chartered / acquired by the Successful tenderer. The minimum loading /
Un-loading rate into ships shall be as per the Port norms at both Paradip and
Krishnapatnam Port. All demurrages and berthing delays are to the account of the
Successful tenderer only. At Paradip / Krishnapatnam ports while arriving the vessel if
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conveyor berth is not available for berthing, any charges demanded by vessel owner
those are in the account of bidder only.
At Paradip port, it shall be the responsibility of the Successful tenderer to coordinate
with the Port authorities and indent the Mechanical loading system / adequate labour
(in case of Manual handling) and move the coal from the stockyard to the wharf and
also monitor the loading and unloading in such a way to avoid any delay and also take
prompt and swift action to rectify any slackness in loading/unloading operations. At
Krishnapatnam Port it shall be the responsibility of the Successful tenderer to provide
adequate labour and transport through trucks (covered by tarpaulins) if required to
ensure continuous unloading without spillage.
Any conditional offer where the tenderer does not take responsibility for demurrage or
where acceptance of demurrage or any other charges levied by Indian railways is made
with extra conditions other than those mentioned in the specification is liable to be
rejected as tender not conforming to specification.
2.2.5 COAL SUPPLIES: The Railways will allot the required wagons for movement to the
load port i.e., Paradip port as indented by the washery operators. The tenderer shall
liaison withWashery operators and Indian Railways for the indents for the loading to
the coal companies and Railways. The tenderer shall acquaint himself of any change in
procedure that may take place from time to time by the Coal India Ltd, and coal
controller in respect of rail cum sea movement. Payments are made by the APPDCL to
the coal companies directly for the coal to be supplied. The tenderer is not entitled to
claim any charges/payment during the idle time i.e. during the period of non-allocation
of linkage/ no supply of beneficiated coal to SDSTPS.
2.2.6PAYMENT OF RAILWAY FREIGHT AT DIFFERENT WASHERIES:
The Railway freight will be paid by the APPDCL. The RRs will be handed over to the
Successful tenderer for settlement with port authorities. The Successful tenderer shall
make claims with the railways for missing wagons in time at load ports, copy of claims
shall be furnished as and when it is lodged.
It will be the responsibility of the Successful tenderer to inform APPDCLon any
charges missing wagons or Railways related issues.
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The successful tenderer shall make claims with the railways for missing wagons
in time at load ports, copy of claims shall be furnished as and when it is lodged.
In case in any extraneous conditions APPDCL request the Successful tenderer to
Pre-pay the freight charges at colliery end on reimbursable basis.
2.2.7 WEIGH BRIDGES: Wherever weighbridges are available, the Successful tenderer shall
arrange for weighment of wagons as per the port regulations. The weighment charges
shall be included in the rates quoted.
2.2.8 PAYMENT TO PORTS: It would be the responsibility of the Successful tenderer to
abide by the regulations of the ports for the maintenance of stockyard and to remit the
plot rent, in time. Any penal levy imposed by the ports for belated payment of rent or
infringement of any of the conditions shall be borne by the Successful tenderer.
2.2.9 RESPONSIBILITIES OF THE SUCCESSFUL TENDERER:
i. The Successful tenderer must always be in a position to press into effective service
adequate equipment in good working condition to ensure smooth shore
clearance/stacking and wagons loading, wagon unloading, intra-port transportation etc.
as per stipulated standard of operations. The Successful tenderer shall be equipped to
handle simultaneously more than one vessel. He should provide for intra-port
transportation at Paradip and Krishnapatnam Port with adequate number of tippers. In
the event of more than one vessel loading/discharging at a time, the Successful tenderer
must be in a position to suitably increase the number of various equipment mentioned
above. This equipment may be either owned or controlled by him. In any case, the
Successful tenderer shall not depend on APPDCL or Port Trust for making such
equipment available to him and it will be its sole responsibility to organize this
equipment himself.
ii. The Successful tenderer shall be responsible for payment of all storage plots allocated in
the account of APPDCL for storage of coal atParadipport/Krishnapatnam ports and any
dues pertaining to ports should be in time. Any penal levy for belated payment of any
of the port dues shall be to the account of the Successful tenderer.
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iii. The Successful tenderer shall be responsible for the prompt filing of required documents
and remittances to the port to enable berthing of the vessel without any delay.
Detention of vessels due to delays in berthing of the vessel due to any lapse on the part
of the Successful tenderer shall be to the account of the Successful tenderer.
iv. The Successful tenderer shall be required to take all measures for sprinkling water for
dust suppression at the ship's holds, wharf, at stockyard while loading or unloading
coal from wagons and on coal dumps as required by the port authorities. It will be the
responsibility of the Successful tenderer for procuring the water required for the above
purpose.
v. The Successful tenderer shall arrange suitable steel platforms between the vessel and
wharf-edge or any other system, to prevent spillage of coal into channel during
loading/discharge operations and at the time of collection of coal from wharf to the
satisfaction of port authorities.
vi. Charges levied by the D.B. for labour utilization will be paid to the D.L.B. directly by the
Successful tenderer,
vii. Normal shunting charges involved for placement/removal of empty/loaded rakes shall
be included in the quoted prices and any additional charges for load adjustment of
wagons shall be borne by the Successful tenderer.
viii. The Successful tenderer shall obtain license/road permits/test certificates etc., from
competent authority/port trusts etc., for the equipment like cranes/dumpers/
bulldozers/pay loaders etc., employed by him.
ix. The Successful tenderer should keep himself apprised and be thoroughly conversant
with the rules and regulations of the port trust, customs, DEs, Railways, Dock safety and
other related agencies.
x. The Successful tenderer is deemed to assume all the responsibilities in the proper
execution of entire work after berthing of the vessel and until dispatch of entire quantity
of material landed as per loading port bill of lading and stored in the stacking area.
xi. The Successful tenderer shall be responsible for any damages arising out of or in
consequence of negligence on the part of Successful tenderer or any of its servants, to
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any party or property of the ship or any property belonging to the port, sheds, wharf
cranes, floating cranes, harbor walls, etc., or to boats, barges, lighters or tugs of
shippers/consignees.
xii. The Successful tenderer shall abide by all instructions and directions issued to him by
APPDCL or the authorized officer in respect of the execution of the contract.
xiii. The Successful tenderer shall arrange necessary gears and labour including Dock
Labour Board labour if any, required for the work at Successful tenderer's cost and
expenses.
xiv. The Successful tenderer should ensure for each vessel a stable and smooth discharge
rate, and for this purpose make arrangements for deploying adequate Mini-Bulldozers
and other suitable equipment for efficient collection and heaping of the cargo inside
batches for facilitating grab discharge. The Successful tenderer should ensure that all
the antipollution measures are strictly implemented to the entire satisfaction of the port
and other statutory authorities throughout the currency of the contract at its own cost.
Tenderer should obtain from the Master of the ship, a clean certificate that full cargo has
been discharged from all hatches.
xv. The Successful tenderer shall obtain No damage Certificate from the Master of the ship
in respect of gears, equipment, etc. and in case of any damage caused, repair to the
satisfaction of the master without any claim on the APPDCL. All third party damages
claimed by shipping companies shall be settled by the Successful tenderer with the
shipping companies promptly without reference to APPDCL based on joint survey. If
any reference is made by the shipping companies, the amount claimed by the shipping
companies will be withheld from the bills of the Successful tenderer until proof of
settling of the issue is produced by the Successful tenderer. However, this will be based
on the joint survey report.
xvi The Successful tenderer shall undertake the work of loading/discharge immediately
after berthing of the vessel. He should maintain tally of cargo as per port rules/
convention.
xvii. The Successful tenderer shall clean the wharf as well as Railway siding regularly to the
satisfaction of port and railway authorities. The Railway track should be scrupulously
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cleaned and spillage on roads/wharves/ stacking area should be cleaned/collection
stacked at the specific space. All infringement to the Railway Tracks/siding/wharf (ves)
should be cleared regularly to ensure smooth operations.
xviii. The Successful tenderer should at all times have a well-organized establishment with
skilled and experienced staff in the port area for proper administration/control,
supervision over the operation/equipment/staff employed, etc. etc.
xix The Successful tenderer shall make its own arrangements for all the equipment, tools
and tackles and other requirement as per Dock Safety Regulation/ other statutory rules
of the State/Central Government, i.e. hand gloves, slings, shovel, goggles, shoes, etc.,
and other contrivances, manual or mechanical and man power required for the
execution of the work. No priority or recommendation letter for procurement of
equipment or tools and tackles shall be given by APPDCL. The Successful tenderer
should ensure that all the anti-pollution measures are strictly implemented to the entire
satisfaction of the port/customs/other statutory authorities, throughout the currency of
the contact at its own cost.
xx. The Successful tenderer shall adequately insure its equipment, staff and other enabling
services for the entire period of contract against accident, fire hazards as well as third
party insurance covering men/materials/ equipment/cargo properties, etc. of the
APPDCL/Port/DLB/Railways/ Shipping companies and other Agencies engaged for the
operation of stevedoring as well as handling and transportation. The Successful
tenderer shall indemnify and shall keep indemnified the APPDCL for any losses arising
out of above operations on account of such reasons.
xxi. Cost and carriage of hand gloves/gears/drinking water etc., supplied to DLB Labour,
supply of petromax lights/wooden ladders for increasing stack heights, stepladders for
loading into dumpers if required, cost of clearing the stacks and other
infringements/collection of broken pieces, chips/dust, payment of overtime/load charges
with or without transportation by mechanical or other means, if any, shall be to the
Successful tenderer's account.
xxii. The Successful tenderer shall fully appraise himself of all the facilities like Railways
siding, lighting arrangements, equipment, etc. available with the port trust as also with
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the APPDCL so that, he should avail of them whenever it is possible to do so. He
should, however, make in advance all its required arrangements and gear up its
organization with required manning/equipment, notwithstanding the operating
facilities available with the Port Trust and/or the APPDCL in order that the work is
executed in the required manner, tempo and volume as indicated above. APPDCL is not
bound to make available its equipment and services to the Successful tenderer for
carrying out the operations.
xxiii The Successful tenderer shall, whenever required, at its cost ensure proper printing and
stationery materials according to the formats prescribed by the port trust, Dock Labour
Board, customs, Railways, and other Authorities and also as prescribed by the APPDCL.
xxiv. A list of equipment available with the tenderer at the respective ports for handling the
coal movement shall be furnished along with the tender. The APPDCL have the right
to inspect all the equipment offered by the Tenderer and verify their ownership/control
as well as their present working condition and other details, considered necessary
before deciding the tender and awarding the work.
xxv. Adequate labour shall be employed for the purpose of sweeping and removing spillage
on the wharf and within the port area as required by the port authorities.
xxvi. No claims for any damage/demurrage/detention/idle charges for transportation
equipment, labour and other enabling facilities organized by the Successful tenderer in
connection with stevedoring, handling and transportation operations shall be payable to
the Successful tenderer under any circumstances whatsoever.
xxvii. The Successful tenderer should ensure transport of entire quantity as specified above
by providing sufficient number of tippers. In case APPDCL is forced to make
alternate arrangements for transport of balance coal on account of the failure of the
Successful tenderer to provide sufficient number of tippers, the additional cost will be
recovered from the Successful tenderer. In case the Successful tenderer failed to deploy
sufficient number of tippers, APPDCL shall have the right to engage other Agency for
transportation of coal and the difference in the rate of such transport, if any, will be
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recovered from the pending bills, Security Deposit amount and also from the bills of
other contracts of the Successful tenderer, if any.
xxviii. During the transportation of washed coal, the tippers shall ply only along the
authorized route. If any tipper is found with any quantity of coal at any place not
falling within the authorized route, it shall be deemed to be violation of the contract
obligation on the Successful tenderer part and APPDCL shall have the right to forfeit
the security deposit and the Successful tenderer shall also be liable to be blacklisted. It
shall not be a defence on Successful tenderer part to plead that the tipper was taken in
an unauthorized route due to the mistake or negligence of the driver or cleaner or
other employees appointed by the Successful tenderer due to the mistake or
negligence of the third parties.
xxix. The Successful tendererwill be held responsible for plying the tippers in unauthorized
routes and the above penalties will be imposed on the Successful tenderer not
withstanding that the Successful tenderer have no personal responsibility for the
deviation from the authorized route, the cost of such coal shall be recovered from
Successful tenderers bills at market prices prevailing at the relevant time.
xxx. The tippers should be in a working condition and there should not be any spillage of
coal during the transportation of coal from the loading point to unloading point.
xxxi. The tippers should be covered with Tarpaulin to avoid spillage and flying of coal
dust during the transportation of coal from the loading point to unloading point.
xxxii. Any contravention by the Successful tenderer or any person employed by the
Successful tenderer or acting on behalf of the Successful tenderer or any of the terms of
contract or any provisions of the Act, Rules, Regulations or APPDCL’s standing
orders or any Rules regarding conduct and discipline as formulated by the company
would be communicated in writing to the Successful tenderer. After having been
informed of such contraventions, if the Successful tenderer fails to take appropriate
action, the APPDCL has the right to refuse entry of the person responsible for such
contravention of the premises till the cause of such contravention is removed or by
the assurance of the Successful tenderer in writing of the action taken about non-
recurrence of such contravention.
xxxiii. It is the Successful tenderer's sole responsibility to protect the public, its employees
and the vehicles against accidents due to any cause and he will at all times indemnify
APPDCL against all claims under any statutory Acts (or) rules there under (or)
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otherwise for (or) in respect of any damage, injury (or) fatal and compensation
payable in consequence of.
xxxiv. No claim shall lie against APPDCL for Successful tenderer faults or Successful
tenderer representatives or from Successful tenderer employees or any third party in
the execution of the contract. If APPDCL is made liable for such claims by any court
or authority, the same should be reimbursed to APPDCL by the Successful tenderer,
as if APPDCL has paid on behalf of the Successful tenderer.
xxxv. The Successful tenderer must always be in a position to press into effective service
adequate equipment like trucks, Dumpers, Front end Loaders/Pay loaders
Proclaimers, mobile cranes with suitable grabs besides Heavy Duty Bulldozers
Shovels in good working condition to ensure smooth shore clearance/stacking and
wagons loading, wagon unloading, intra-port transportation etc. as per stipulated
standard of operations. The Successful tenderer shall be equipped to handle
simultaneously more than one vessel. He should provide for intra-port transportation
at Paradip and Krishnapatnam port with adequate number of tippers. In the event of
more than one vessel loading/discharging at a time, the Successful tenderer must be
in a position to suitably increase the number of various equipment mentioned above.
Tits equipment may be either owned or controlled by him. In any case, the Successful
tenderer shall not depend on the APPDCL or Port Trust for making such equipment
available to him and it will be its sole responsibility to organize tits equipment
himself.
2.2.10.SHORTAGE OF COAL:
The shortage of coal will be assessed every half yearly (6-Months) or for period under
consideration and the cost of coal for such shortage Transit losses will be recovered
from the existing amount of securities retained for coal shortages.
2.2.11STACKING OF COAL AT THE STOCKYARDS AT THE PORTS: The Successful
tenderer shall ensure that the materials are stacked in such a manner as prescribed by
the Board/Ports/DLB so that sufficient space/area are provided for movement of
equipment, dumpers, etc., to prevent any fire hazards keeping in view the technical
requirements as well as Dock Safety Regulations and to ensure maximum utilisation of
the stacking area and siding facilities allotted for clearance and handling of coal. The
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Successful tenderer should also ensure the stacking of coal in such a manner as to
facilitate dispatch of materials on "first-in and first-out” basis in order that under no
circumstances coal is allowed to be stored for more than 15 days before loading, after
discharge of respective vessels. The Successful tenderer will be fully responsible for its
failure to comply with the above requirements resulting in any deterioration/ issues to
the materials on account of fire/disintegration, etc., and the surrounding equipment
facilities etc. The Successful tenderer shall provide storage insurance for the coal
stocked at the ports at their own cost.
2.2.12 The Successful tenderer has to deliver entire quantity of washed coal received from
washery to SDSTPS within20 days. (The time period will start loading of first rake
from washery siding)
2.2.13. Coal Shortage in Coal Handling from different washeriesto SDSTPS site:
I. COAL SHORTAGE ON ACCOUNT OF MISSING WAGONS: the cost of coal
shortage will be recovered by APPDCL from the running account bills of the
Contractor. Till the settlement of claims by Rail ways. The same will be released to the
contractor after the settlement is received by APPDCL limited to the amount
refunded by Railways.
II. One certified surveyor shall be appointed for volumetric assessment and density
measurement of coal stock in the plot allotted to APPDCL in Paradip port as per the
instruction of APPDCL. The details of certified surveyor must be submitted before
the start of works. The physical coal stock survey for identifying shortages at the port
shall be organized by the Contractor in consultation with APPDCL as and when
required. The joint survey to have authorized representatives from APPDCL and the
contractor. The joint survey shall be in the scope of the contractor. The joint survey
shall be conducted half yearly ending on September and March and additionally, as
and when called for.
III. The physical coal stock measurement shall be carried out in accordance with
prevailing practices. The contractor shall provide surveyor, all tools, equipment,
consumables etc., & manpower required for the stock measurement. The entire cost
of stock measurement shall be borne by the contractor.
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2.3:QUALITY AND QUANTITY:
2.3.1 QUALITY: At washery outlet, samples shall be collected jointly by SGS India / CIMFR/IIA
appointed by APPDCL, washery operator and transporter. The samples shall be tested at SGS
India / CIMFR/IIA laboratory.
The transporter has to handover the washed coal with the same parameters received
at different washeries to SDSTPS. If the parameters are deviated from the loading
point, penalty will be imposed as mentioned in the Clause No.4.16 Penalty.
After the coal is received at SDSTPS site, samplewill be collected jointly by the
APPDCL,SGS India / CIMFR / IIA and Transport operator. Samples will bedivided in
to four parts. One part will be tested at APPDCL/SDSTPS lab. One part will be
handed over to transporter for analysis. The third part will be handed over to IIA for
analysis. One part will keep as referral sample in lock and key at SDSTPS. If any
dispute arises the referral sample will be sent to Independent Inspection Agency (IIA)
for analysis and the IIA report is final.
Monthly weighted averages of GCV, %TM, %Ash readings at washery outlet will
be compared with the values at SDSTPS and the deviations in the parameters will
be taken for penalty.
2.3.2:QUANTITY:
i. To assess the coal stocks at Paradip port the RR quantity at different washeries to
Paradip Port will be considered.
ii. For billing purpose at SDSTPS the Bill of Lading quantity at Krishnapatnam
Port/weighment at SDSTPS will be considered.
Chief General Manager/APPDCL
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3.0 PRE-QUALIFICATION BID REQUIREMENTS
The bidder (Bidder means a proprietary concern / One person Company (OPC) /
Partnership Firm/Limited Liability Partnership (LLP), through Joint
venture/consortium or through MOU and in JV/Consortium and MOU, not more
than two members are allowed ) should have successfully executed works contracts
either directly or through MOU for Liasoning, handling and transportation of a
minimum of 6.00 Lakh MT per annum of coal or any commodity to any Thermal
Power Station/Industry / Govt departments by rail cum sea (or) vice-versa mode
during anyone of the preceding seven years as on the original scheduled date of bid
opening.
In case of a Consortium / JV, the lead member should have a minimum 26 % Stake.
The average annual financial turnover during the last three years, ending 31-03-2019
should be not less than Rs.200.00 Cr
The bidder should have Positive Net Worth as per the latest audited financial
Statement. In case, if the bidder is LLP or through Joint venture or through MOU
both the partners should have Positive Net Worth as per the latest audited financial
Statement.
Chief General Manager/APPDCL
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GENERAL, FINANCIAL TERMS & CONDITIONS
The bidder must be able to transport the washed coal on its own from different
washeriesat Talcher area to SDSTPS via Rail cum sea route through
Paradip&Krishnapatnam Ports. The tenderer/Agency shall be in possession of
necessary license from Port and other authorities for stevedoring work at least at one
of the ports i.e. Paradip/ Krishnapatnamand the Successful tenderer should have
working arrangements with listed stevedores for carrying out the remaining works.
However, the tenderer will be responsible to transportation of coal.
4.1 QUANTITY TO BE HANDLED: The estimated quantity of coal to be handled is 3.675
Million MT per Annum. The estimated quantity is indicative only and the total
quantity may vary based on the coal supply from M/s MCL and rake placement by East
Cost railways. APPDCL does not guarantee the quantities to be handled due to either
charges in the quantities or other operational reasons. Payment shall be based on the
actual quantities received at APPDCL as per the Bill of Lading (BL).The monthly
scheduled quantities will be intimated to the Successful tenderer byAPPDCL from time
to time.
4.2:PERIOD OF CONTRACT: The Period of contract will be two Years (Twenty four
Months) from the date of actual commencement of work.
4.3.CONTRACT PRICE:
The tender value excludes cost of raw coal,washery charges and railway freight from
different washeries at Talcher area to Paradip port which will be paid by APPDCL.
I. The Contract price shall be deemed to include and cover all the aerations works
mentioned in the tender documents.
II. The rate is FIRM and is inclusive of all taxes, levies, and statutory charges as
applicable but exclusive of Goods and Service Tax (GST).Goods and Service Tax
(GST) as applicable shall be paid against submission of documentary evidence. Any
variation in Goods and service tax(GST) , or any other taxes, will be paid on
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furnishing documentary evidence. (Relevant Government notification). If any
variation in the Goods and Service Tax the same shall be intimated to APPDCL
immediately to APPDCL.
III. The quoted rate should be in Indian rupees.
IV. The rate per MT shall be divided into statutory items and non-statutory items. Break
up of rates shall be submitted for items under statutory charges and non-statutory
charges. The scheduled rates quoted shall be as per the proforma. The statutory &Non
statutory charges payable at the Ports should be specified clearly with the detailed
scope of work.
V. The tenderer shall quote ocean freight from Paradip port to Krishnapatnam port.
VI. Ocean freight rate shall be firm for the entire contract period of the operation.
VII. The tenderer shall quote handling charges with break-ups (Statutory & Non- statutory
items) at respective ports for manual & mechanical handling systems separately.
VIII. It is the responsibility of the bidder to acquaint with the various levies and charges to
be paid to different authorities for the movement of coal from different
washeriesrailway sidings right up to the SDSTPS site Nellore AP. Bidder shall quote
the rate per ton as per price bid. The contract price includes:
a. Liasoning with different washeriesat Talcher area, East Cost Railways,
Paradip Port and Krishnapatnam ports, co-ordination and supervision of
coal loading at different washeries.
b. Liasoning with Railways for arranging rakes, supervision of loading of coal
in to railway rakes at different washeries, transportation by railways,
delivery at Paradip Port, handling at Paradip port
c. Intra port transport charges at Paradip port, stacking, storage and loading on
to ships
d. ocean freight for transportation of coal from Paradip port to Krishnapatnam
port
e. Handling at Krishnapatnam Port and from Krishnapatnam port to SDSTPS
site by dedicated Conveyor System/road
f. Transportation charges through conveyor from Krishnapatnam port to
SDSTPS coal silo at plant boundary (For road transport of coal from
Krishnapatnam port to SDSTPS site, road freight charges shall also to be
indicated separately) SDSTPS site
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g. Port duties at both load/discharge port with all taxes and duties,
All the above charges shall be considered excluding Goods and Service Tax
(GST) applicable.
IX. The contract price will be FIRM till completion of the contract period and no variation
will be admitted on any account. (Regarding any variation in the Statuary charges
i.e., Increase/Decrease are to the account of APPDCL and the same will be paid
/recovered from contractor).
X. The contract price will be paid in Indian Rupees as quoted by the bidder.
XI. Any other charges/payments for any incidental work arising over and above during
the period of contract shall not be entertained.
4.4 Tenders received from those not having the requisite experience (as per clause 3.0) shall not
be considered.
4.5 Normally the tenders should not differ from the terms and conditions and technical
specification incorporated in the tender documents of Andhra Pradesh Power
Development Company Limited for tits scope of work. In case of any deviations the
same should be specified in schedule-VII.
4.6 Prequalification bid will be opened first to check whether qualification, experience and
other requirements are adequate for opening of Price Bid (Part-II). Only those tenders
which contain the full information and which comply with the requirements regarding
technical and financial qualifications, experience and equipment will be considered.
Notwithstanding anything stated above the APPDCL reserves the right to assess the
tenderer's capacity to perform the contract, should the circumstances warrant such
assessment in the overall interest of the APPDCL. In tits regard, the decision of the
Company is final.
4.7 VALIDITY OF TENDER: The tender should be kept valid for 120 days from the date
of Opening of tenders.
4.8 The tenderer must furnish/upload the copies of Income Tax Returns acknowledgement
slips for the years ending March 31st, 2017, 2018 and 2019 and copy of PAN card, GST
registration along with tender. In case of proprietary or partnership firm, it will be
necessary to produce the aforesaid certificate for the proprietor or proprietors and for
each of the partners, as the case may be. Tender received without this mandatory
certification is liable for rejection.
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4.9 E.M.D (BID SECURITY):-The tenderer should furnish an EMD of Rs.1,00,000/- (Rupees
One Lakh only) in the form of Demand Draft and Rs.18.3 Crore by way of Bank
Guarantee in the prescribed proforma (form enclosed) issued by any
Nationalized/ScheduledBanks in India which shall be valid for six months. The EMD
paid by the successful tenderer will be returned after ensuring the payment of
security deposit and BG towards cost of washedcoal.
The EMD of unsuccessful tenderer will be returned after issuing of LOI/LOA/PO on
lowest bidder.
The tenderer shall upload the experience certificates, performance reports of
its own or its partner, EMD, any other relevant certificates with specification in the
technical bid while submitting the bids on line through APGENCOe-procurement.
4.10 The bidder shall furnish/upload the following information in PQB (Part.I).
I. Details of coal transportation at Rail cum Sea mode per annum, Port wise, and
Year wise.
II. Infrastructure facilities available with the tenderer at the Ports.
III. Details of network of Offices/Establishments available at Ports and other places.
IV. EMD by way of BG in the prescribed format from any Nationalized/Schedule Bank
with a validity period of Six months.
V. License from Ports for stevedoring works at one of the Ports.
VI. Income Tax Returns acknowledgement slips for the years ending March 31st,
2017, 2018 and 2019 and copy of PAN card& GST registration
VII. Any other certificates relevant with the specification.
4.11 GOODS ANDSERVICE TAX (GST):
I. Goods and Service Tax (GST) levied shall be paid at actual subject to the ceiling
indicated in Contract Price. The contractor have to provide a copy of the Goods
and Service Tax (GST) Registration Certificate and mention their Goods and
Service Tax(GST) Registration No. and Date in each of their invoices/bills
without fail. No invoice or bills paid unless the Goods and Service Tax(GST)
Registration No. is mentioned therein.
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4.12. STATUTORY VARIATION: Any statutory variation because of Goods and Service Tax
(GST) arising beyond Base date but within the agreed time schedule shall be to
the account of Purchaser. Any statutory variation because of Goods and service
tax arising beyond agreed time schedule shall be to contractors account. Any
variation in the any other Statutory charges are in the APPDCL account.
4.13 PAYMENT TERMS FOR INSURANCE PREMIUM: 100% insurance premium shall be
paid at actual (Insurance shall be paid at actual on Vessel to Vessel basis) on
production of documentary evidence once for every quarter or half-yearly
basis. However, the total amount payable because of insurance premium shall
not exceed the lump sum indicated in the price bid.
4.14 SECURITY DEPOSIT:
The successful tenderer shall furnish Security Deposit equivalent to 2.5% of the total
contract value, within 15 days from the date of issue of L.O.I/LOA, in the form of Bank
Guarantee issued by a Security Deposit will Nationalized/Schedule Bank valid for a
period of Twenty-six months with a claim period of Six (6) months thereafter for
proper fulfillment of contract. After the acceptance of the successful bidder the
necessary Purchase Order will be released by Chief General Manager/APPDCL and the
successful bidder has to sign on Purchase Order and return to APPDCL for proper
fulfillment of the contract.
If the successful bidder is a JV/Consortium then the consortium partner has to furnish
an additional security deposit of 1.00% of the total contract value.
To make S.D as defined above shall entail forfeiture of EMD. The S.D will be refunded
at the end of contract only if the contract is completed to the APPDCL’s satisfaction and
on issue of a certificate by the concerned officer.
The BG furnished towards EMD will be returned after submission and acceptance of BG
towards SD.
The security deposit will be returned after fulfilling all the contractual obligations.
4.15 Further, the successful tenderer will be required to submit an Unconditional Bank
Guarantee from any Nationalized Bank/Scheduled Bank in India in favour of APPDCL
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equivalent to the cost of One monthwashed coal which is equivalent to Rs.100.00
Crores (Rupees One hundred Crores only) which may be called as “Bank Guarantee
towards cost of coal” with validity period of 28 (Twenty-eight) months with a claim
period of 3 months thereafter. This shall be retained by APPDCL throughout the
business period i.e. up to Two months after expiry/ termination of the contract
whichever is applicable, as security towards cost of coal which will be in possession of
the successful tenderer. Any claim because of shortage/claim on the quality and
quantity of the coal would be recoverable from this Bank Guarantee if they were not
settled through the Bills raised during operation.
The Bank guarantee will be returned after fulfilling all the contractual obligations.
4.14 PRICE BID: The bidder shall quote prices including all taxes duties and applicable
taxes but excluding of Goods and Service Tax (GST). The bidder has to mention the
applicable percentage of GST for each coated item and quote the prices in a separate
column mentioned in the Price Bid.
4.15 .BASIS OF PAYMENT FOR TRANSPORTATION CHARGES BY Rail cum SeaMODE:
As per the detailed scope indicated above, the quantity of coal transported will be
derived for admitting the invoices:
a) Normally coal is transported through conveyor the Bill of Lading quantity at
Krishnapatnam port, will be taken into consideration for billing purpose.
b) In case of outage of conveyor, coal shall be transported by road from
Krishnapatnam port to SDSTPS and the actual weight of coal received at SDSTPS
will be considered for billing purpose subjected to maximum of Bill of lading
quantity.
c) If part coal is transported through conveyor, part coal by road and part coal
was transported via RVR stock yard then, quantity indicated in the Bill of
lading will be considered
d) The transit loss will be allowed up to 0.2%. The loss will be taken in consideration
from RR weight at washery out let to receiving point i.e., SDSTPS receiving point
SRB weight.
4.16PENALTIES
4.16.1 MOISTURE: Penalty for increase in the total moisture of Beneficiated Coal over the
receiving end i.e., at different washeriesand receiving end i.e., at SDSTPS. %
Moisture measured at site obtained during Joint Sampling and testing at the
receiving end i.e., destination SDSTPS on monthly weighted average basis:
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The successful tenderer/Company shall have to pay penalty of 0.1% pro-rata
reduction in the weight of the washed coal received at SDSTPS for every0.1% of
increase in the total moisture content of Beneficiated Coal up to 3% of difference.
For % Moisture difference beyond 3%,thepenalty will be doubled.The penalty
shall be effectedbased on the monthly average results at SDSTPS and the same
will be deducted from the subsequent bills.
4.16.2ASH:The successful tenderer/Company shall have to pay penalty of 0.1% pro-rata
reduction in the weight of the washed coal received at SDSTPS for every 0.1% of
increase in the Ash content of Beneficiated Coal up to 3% of difference. For %
Ash difference beyond 3%,thepenalty will be doubled. The penalty shall be
effected based on the monthly average results at SDSTPS and the same will be
deducted from the subsequent bills.
4.16.3 GCV :Penalty @Rs.100/- per tone will be levied for every 100 Kcal/Kg of decrease
in GCV content in the washed coal received at SDSTPS site when compared with
at different washeries.
4.16.3PENALTY FOR LATE TRANSPORTATION OF WASHED COAL:
The Successful tenderer should deliver entire quantity of washed coal at the plant
within 20 days from the date of receipt of washed coal at different washeries like M/s
Spectrum Coal & Power Limited, M/s Global Coal & Power Limited and M/s Aryan
Energy Private Limitedwasheries.
Penalty @1.00% per week of delay on value of transportation charges shall be levied
for the short supplied quantity of washed coal after expiry of 20 days.
4.16.4: SHORT SUPPLY OF COAL: If there is any short supply of coal when compared with
Bill of Lading at Krishnapatnam Port to SDSTPS penalty will be levied on the short
supplied quantity @ 1.5 times washed coal cost.
4.16.6METHODOLOGY FOR IMPOSING PENALTY:
The above mentioned penalties will be imposed based on the quality result obtained
during joint sampling and testing for the billing period at the receiving end i.e.,
destination SDSTPS.
Seal and signature of the Tenderer
44
4.17. QUALITY MONITORING AND CONTROL:
a) sampling and Analysis:
The payment of the transportation charges will be based on the assessment of
quantity and quality of washed coal received at the destination station i.e., SDSTPS
during the month based on the result obtained from SDSTPS sampling, if any
dispute is arises the referral sample analysis by Independent Inspection Agency
appointed by APPDCL at the receiving end. The samples shall be collected from the
trucks/online sample collection system available at SDSTPS as per the BIS/IS
standards (Procedure as per annexure.III).
The samples will be collectedby the On-line Monitoring Systems to Monitor and
Compute the ash percentage (equilibrated) and the total moisture content of the
Beneficiated coal being dispatched at SDSTPS, if On-line System is not
available/non-operative, manual samples will be collected and the same shall be
witnessed by the transporter and the samples will be collected as per ISI Standards.
b) The provision of required infrastructure for sampling and testing as per BIS will be
the responsibility of the successful bidder if required.
4.18 P A Y M E N T
SYSTEM OF PAYMENT
The system of payment of transportation charges for the successful tenderer/Company
will be as follows.
TRANSPORTATION CHARGES:90% of the transportation charges which includes
charges for monitoring of loading of washed coal at different washeriesat Talcher area,
handling charges at Paradip Port, Ocean freight from Paradip Port to Krishnapatnam
Port and handling charges at Krishnapatnam Port and transportation charges from
Krishnapatnam port to SDSTPS by conveyor will be paid for the quantity of washed
coal as per the Bill of Lading and in case of road, as per the quantity as per the
weighment at SDSTPS.
Seal and signature of the Tenderer
45
Railway freight from different washeries like M/s Spectrum Coal and Power Limited
railway, M/s Global Coal & Mining Private Limited and M/s Aryan Energy Private
Limited washeries siding toParadip port railway siding will be paid by APPDCL.
The successful tenderer/Company shall submit the bills for the specified
period i.e., 1st to 15th and 16th to end of the month.
APPDCL will release payment of the 90% bill as admissible within thirty days from the
date of receipt of bills (complete in all respects) at the APPDCL’s designated office(s) located at
SDSTPS. The successful tenderer/ Company shall account for necessary deductions in the 90%
bill that may be on account of penalties towards quality (Total Moisture %, Ash %),
underweight/over loading of wagons, demurrage etc, at the washery end which shall be
verified by APPDCL based on supporting details/reports to be provided by the successful
tenderer/Company.
i) Balance 10% payment shall be released at every half yearly as admissible after taking
into account the following: -
a. Deductions/recoveries not covered under clause No. 4.16 above and quality
results particularly moisture and ash percentage of the Beneficiated Coal at the
receiving end of APPDCL.Production of "No-dues Certificate" from both Ports.
b. After adjustments of claims on railways for diverted rakes and missing wagons.
c. After adjustment of payments made towards railway freight/other damages etc.
However, if the deduction is more than the amount of 10% balances payment,
the same will be realized from the next bills.
While exercising checks on the bills, APPDCL shall finalize the amount of penalty,
demurrage and any other charges/deductions as per the relevant clauses of the
Agreement which shall be deducted from the bills and details shall be provided to the
Company while releasing the payment.
ii) All payments to the successful tenderer/Company shall be released by APPDCL
Throughcheque payable locally at Vijayawada/Amravati.
iii) Income Tax and any other statutory levies if applicable as on date, will be deducted
from the above bills.
Seal and signature of the Tenderer
46
iv) APPDCL without any prejudice has the right to recover the excess payments made in
respect of prices compared to other for similar works at any state during course of
execution of contract.
4.19 INSPECTION:Representative of the APPDCL shall have access to the Successful
tenderers operations at any time during working hours for purpose of inspection of the work.
The Successful tenderer shall provide necessary arrangement for such inspection.
4.20SUBLETTING OF CONTRACT: No part of the contract shall be sublet without written
permission from APPDCL nor transfer shall be made by Power of authority to others for
receiving payment on the Successful tenderer's behalf.
4.21 SPLITTING OF CONTRACT: The orders may be split up and given to more than one
Successful tenderer and the APPDCL reserve the right to such splitting of the contract.
4.22 JURISDICTION: If any disputes or differences arising out of or touching the contract
shall be subject to the exclusive jurisdiction of the Courts or Tribunals situated in
Amaravati/Vijayawada cities irrespective of place of signing agreement. .
4.23 FORCE MAJEURE: The Successful tenderer will not be liable for delay for failing to
handle and movement of the material for reasons of "Force Majeure" such as acts of
God, acts of public enemy, acts of Government, fires, floods, strikes, lockouts etc.
The Successful tenderer shall within 10 days from the beginning of such delay, notify to
the APPDCL in writing the cause of delay. The APPDCL shall verify and grant such
extension of time as facts justify.
No price variation shall be allowed during the period of force majeure and penalty
would not be levied for this period.
4.24DEDUCTION OF INCOME TAX AT SOURCE: Income Tax will be deduced at source
from the bills of the Successful tenderer as per the provisions of the Income Tax Act as
and when payments are effected.
4.25GOODS ANDSALES TAX CERTIFICATE: In addition to the Income Tax
acknowledgement slips, the tenderer shall enclose Goods and Sales Tax (GST)
registration Certificate from Competent Authority.
Seal and signature of the Tenderer
47
Xerox/Photostat copies of documents will be accepted only after verification with the
originals. The tenderer shall produce the originals for verification.
4.26. The Successful tenderer shall supervise the loading of Beneficiated Coal into railway
wagons as per Indian Railway rules. If required the successful tenderer has liaison with
EC railways to release the Indented rakes by the washery operator.
4.27 Demurrage, damage to wagons and theft of wagon parts in the siding etc. whatever
charged by the Railways, shall be payable by the successful tenderer.
4.28 However, the record of such diversions of beneficiated coal rakes should be maintained
by the successful bidder along all relevant particulars like number/ wagon number/RR
number/Invoice number for lodging claims with Railways.
4.0 PURCHASE ORDER:
5.1 APPDCL will release a Purchase Order for the work toLiasoning, handling of washed
coal at ports and transportation to SDSTPS.
5.2 During the period of Purchase Order, APPDCL shall have the right to terminate the
Purchase Order giving 30 days advance notice without any liability.
5.3 In the event of conflict/contradiction between provisions of Tender Document and
Purchase Order provisions of Tender Document shall overrule, and any provision of
Tender document, which is not covered in Purchase Order , shall also be considered as
a part of Purchase Order.
6.0 TERMINATION OF PURCHASE ORDER.
6.1 If the successful tenderer fails or neglects to observe or perform or commits or allows to
be committed breach of any of the terms, conditions, provisions or stipulations of the
Purchase Order on its part to be observed and performed and if such breach is
remediable, fails to remedy the same within 30 days of notice by specifying such
default and requiring such default to be remedied then APPDCL will be entitled to
terminate the Purchase Order.
6.2 APPDCL reserves the right to terminate the Purchase Order without any liability, in
case the successful tenderer.
Seal and signature of the Tenderer
48
i) Fails to furnish the signed financial document within the stipulated period (as
specified by the successful tenderer/Company) after acceptance of the Letter of
Award/Intent.
ii) Goes into liquidation.
6.3 Any dispute, disagreement, controversy or claim arising out of or relating to the
Purchase Order of the interpretation here or any Purchase Order relating hereto, or
contemplated herein, or breach, termination or invalidity thereof shall be settled
exclusively and finally by Arbitration, irrespective of magnitude of dispute, the amount
in controversy or whether any such disagreement, dispute or controversy would
otherwise be considered justifiable, or right for resolution by Court or Arbitrary
Tribunal. Arbitration Proceedings will be in accordance with the provisions of Indian
Arbitration and Conciliation Act, 1996.
6.4 LAW GOVERNING AGREEMENT
The Purchase Order shall be governed by the law as is applicable in India and shall be
construed in accordance thereto. Courts in Andhra Pradesh shall have the exclusive
jurisdiction to deal with and decide any legal matter or dispute whatsoever arising out
of the Agreement.
6.5 SUBMISSION OF DOCUMENTS/INFORMATION ALONG WITH OFFER
All such documents, drawings and/or information as asked for elsewhere in the
document, shall have to be necessarily submitted by the successful tenderer along with
the offer (to be submitted at APPDCL, Vijayawada), failing which the tender shall be
deemed to be "incomplete" and liable for rejection.
The Officers/representatives of APPDCL may visit the Offices/work places to
verify/confirm their credentials.
6.6 APGENCO/APPDCL purchase management system manual shall be followed in all the
cases which are not specifically covered by the above clauses. Further the
APGENCO/APPDCL purchase system manual is available in the APGENCO/APPDCL
website i.e., www.apgenco.gov.in.
7.0Special Conditions of the Contract (SCC):
Seal and signature of the Tenderer
49
The contractor shall arrange to carry out any other operations as instructed by APPDCL
officials though not specifically mentioned in the scope , but essential for completing
the coal loading, rail transportation up to port, unloading, stacking at Paradip port and
Vessel (ship) loading at Paradip port, unloading at Krishnapatnam port, transportation
to SDSTPS arising out of exigencies without any extra cost.
Chief General Manager/APPDCL
Seal and signature of the Tenderer
50
SCHEDULE-1
DETAILS OF SIMILAR TYPE OF WORK AND MAGNITUDE CARRIED OUT BY THE
TENDERER
NAME OF THE TENDERER:
S.No
Name of
the work
with full
description
and
quantity
transported
in Tons,
Particulars
of the
organizatio
n for which
the work
was
executed
Distance
between
the two
places in
KM.(by
Rail/Sea
mention
seperately
)
Value of
the order.
Period
of
comple
tion as
per
contrac
t in
days
Period
in
which
actually
complet
ed
Reasons
for
delays,
If any
Date
of
comm
encem
ent &
Compl
etion
Maximum
Tonnage
transport
per day
1 2 3 4 5 6 7 8 9 10
Seal of the Company Name of the Firm
Name & Signature of the Tenderer
Designation
Date
Seal and signature of the Tenderer
51
SCHEDULE – II
DETAILS OF OTHER WORKS TENDERED FOR AND ON HAND AS ON THE DATE OF
SUBMISSION OF TITS TENDER
NAME OF THE TENDERER:
S.No
Name of
the work
with
description
Name of
the
organizat
ion
WORK ON HAND WORK TENDERED
FOR
Tender
cost
Stipulated
period of
completion
Cost of
remainin
g work
Anticipate
d date of
completio
n
Estimated
Cost
Date
when
decision
is
expected
1 2 3 5 6 7 8 9 10
Seal of the Company Name of the Firm
Name & Signature of the Tenderer
Designation
Date
Seal and signature of the Tenderer
52
SCHEDULE – III
DETAILS OF EQUIPMENT PROPOSED TO BE PROVIDED AND MAINTAINED AT
SITE/Ports FOR THIS PURPOSE
NAME OF THE TENDERER:
S
No.
Name of
the
equipment
and type
Number
of Units Make Capacity
Regn.No
.
In whose
name the
vehicle is
registered.
Age &
Condition
Present
location Remarks
1 2 3 4 5 6 7 8 9 10
A. TRANSPORT EQUIPMENT
i) Dumpers/Truckers
ii) Front End pay loaders
iii) Poclaimars
iv) Mobile Cranes
v. Buldozers/Shovesl
Vii) Vessels on Charter
B. OTHER RELATED EQUIPMENT/MACHINERY OWNED BY THE TENDERER.
Seal of the Company Name of the Firm
Name & Signature of the Tenderer
Designation
Date
Seal and signature of the Tenderer
53
SCHEDULE –IV
Qualification of the tenderer if he is a professionally qualified
S No Name Qualification
1 2 3
Seal of the Company Name of the Firm
Name & Signature of the Tenderer
Designation
Date
Seal and signature of the Tenderer
54
SCHEDULE –V
DETAILS OF TECHNICAL PERSONNEL OF THE TENDERER
S.No. Description Name Qualification Professional
experience and
details of work
carried out.
Remarks
1 2 3 4 5 6
1 Tenderer himself if he
is professionally
qualified.
2 Supervisory Staff.
I)
ii)
iii)
Seal of the Company Name of the Firm
Name & Signature of the Tenderer
Designation
Date
Seal and signature of the Tenderer
55
SCHEDULE -VI
DETAILS REGARDING FINANCIAL STANDING OF THE TENDERER
(Here the balance sheet for the last financial year annual turnover, debit equity rating and
other relevant financial parameters and the proof of their credit standing may be furnished).
The following particulars may be filled in.
S No. Name of the
Bank
Actual balance at
the credit of the
contractor.
Permissible
over draft.
Total
credit Remarks
1 2 3 4 5 6
Seal of the Company Name of the Firm
Name & Signature of the Tenderer
Designation
Date
Seal and signature of the Tenderer
56
SCHEDULE - VII
Details regarding specific acceptance of important clauses of terms and conditions.
The tenderer shall confirm acceptance of the following clauses.
Clause No. .
1. Earnest Money Deposit : 4.9 of General, Financial Terms & Conditions
2. Validity : 4.7 of General, Financial Terms & Conditions.
3. Security Deposit : 4.14 of General financial terms & Conditions
4. Terms of payment : 4.18 of General Financial Terms & Conditions
5. Penalty : 4.16 of General Financial Terms & Conditions
6. Income Tax clearance Certificate: 4.8 of General Financial Terms & Conditions
7. Prices. : 4.3 of General Financial Terms & Conditions
8. Deviations if any from the term :
and conditions of the specification.
--------------------------------------------------------------------------------------------------
Seal of the company Name of the firm
Name & Signature of the tenderer
Designation.
Date.
Seal and signature of the Tenderer
57
ANNEXURE-I (Tender No. 610000563)
PART-II (PRICE BID) Not to be uploaded with PQB
NAME OF THE WORK: Liasoning, Handling and Transportation of 3.675 Million MT of Beneficiated
coal from different washerieslike M/s SCPL, M/s GCMPL, M/s AEPLwasheriesRail way sidings
(BBMT& MGCT) at Talcher area to SDSTPS cum Sea mode via Paradip and Krishnapatnam ports
for a period of Twoyears.
Category Descr
iption
/Unit
Rate/
ton
Rs. Ps.
% of GST
Price
with
GST
I Liasoning with different washeries like M/s SCPL, M/s GCMPL,
M/s AEPL or any other washeries and EC Railways and
Supervision of loading of washed coal in railway wagons at
Washery rail sidings (BBMT & MGCT) at Talcher area. Monitoring
of coal movement by rail up to Paradip port rail way siding.
II Handling of coal at Paradip port
A Statutory items
1. Unloading loading of coal from wagons through the coal handling
System
2 Shipment of coal through coal handling plant
3 Terminal Charges
B Non statutory items
III Ocean Freight for Transportation of coal by Sea from Paradip Port to
Krishnapatnam Port.
IV Handling of coal at Krishnapatnam port etc.,
A Statutory Charges
1 Wharfage charges
B Non Statutory Charges
1 Conveyor charges
3 Other charges if any with detailed description
V Insurance per tonne
Total Price per MT (I+II+III+IV+V)
VI Transportation Charges from Krishnapatnam port to SDSTPS by
Road in case of non functioning of KPCL/APPDCL conveyors.
(Please note that the quoted price shall not be considered for
evaluation)
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58
VII Stacking and Reclaiming Charges at RVR Stock Yard for stacking /
reclaiming the coal to SDSTPS in case APPDCL Conveyor fails
(Please note that the quoted price shall not be considered for
evaluation)
Note: please mention any prices which are not covered in the price bid proforma with
description.
Seal of the company Name of the firm
Name & Signature of the tenderer
Designation.
Date
NOTE:
1. All rates are to be quoted exclusive of Goods and Service Tax. Goods and Service tax
wherever applicable shall be reimbursed to the contractor by APPDCL.
2. Breakup of items under statutory and non-statutory are mandatory and shall be furnished
clearly. If detailed break-up as per proforma in price schedule of price bid were not
furnished the tender will be rejected.
3. If the Tenderer quotes the statutory rates wrongly, the offer will be summarily rejected.
4. If the price bid uploaded in the PQB, the tender will be disqualified
5. In case of any discrepancy in the quoted rate in figures to words, the rate mentioned
in the words will be considered as the rate quoted.
6. This price bid shall be uploaded in the commercial template while submitting the tender
online but not in technical template. The evaluation of the price bids will be done on the basis
of the price bids uploaded in commercial bid template only.
7. The rates quoted shall clearly indicated with applicable taxes and duties.
Seal of the Company Name of the Company
Name & Signature of the tenderer
Designation
Date.
Seal and signature of the Tenderer
59
ANNEXURE.II
Collection of samples and analysis at SDSTPS shall be as per the following procedure:
I. Coal Transported by Pipe Conveyor:
Samples will be collected at On line sampling system available at SDSTPS Crusher house.
collection shall be carried out from Bin and the same shall be used for testing at SDSTPS the
transporter has to witness the sample collection. Further, a referral sample will be kept
separate, if any dispute is arises the same shall be sent to Independent Inspection
Agencies(IIAs).
II. Coal Transported by Road through trucks:
1. Sample shall be collected from trucks at SDSTPS on daily basis.
2. The first truck for sampling on a day shall be selected randomly from the first eight trucks
placed for unloading at SDSTPS, Every eighth (8th) truck there after shall be subjected to
sampling.
3. The spot at top of truck, will be leveled and at least 25cm of coal surface shall be
removed/scrapped from top and the place will be leveled for an area of 50cm by 50cm for
collection of sample.
4. About 30kg of sample shall be collected from each truck by drawing 6 increments of
approx. 5kg each with the help of shovel/scoop.
5. All samples collected from every eighth truck shall be mixed together to form a Gross
Sample for the day.
6. Laboratory samples prepared shall be in the size of 12.5mm for Total Moisture and for
ash, moisture and GCV analysis 212 microns IS Seive.
7. The final pulverized sample shall be divided into two equal parts. One part shall be kept
for analysis at SDSTPS laboratory and second part will be retained as referee sample
under joint custody and seal of APPDCL and Successful tenderer.
8. Samples collected at Power Station end shall be analysed as per BIS Standards for
determination of ash, GCV and Total moisture content.
Seal and signature of the Tenderer
60
Annexure -III
ANDHRA PRADESH POWER DEVELOPMENT COMPANY LIMITED
BANK GUARANTEE PROFORMA FOR EARNEST MONEY DEPOSIT
(This Deed of Bank Guarantee has to be executed on a Non-Judicial stamped paper worth
Rs.100/-)
Whereas …………registered…..…and having its registered office at ……… (here-in-after
called the “tenderer”) has submitted their bid dated………….for Transportation of
washed coal from different washeries at M/s MCL Talcher area to SDSTPS via RSR mode
through Paradip and Krishnapatnam Ports (Here-in-after called “the Bid”)…………
KNOW ALL MEN by these presents that we…………. (Hereinafter called “the Bank”)
are bound unto the concerned Chief General Manager (hereinafter called “the
APPDCL”) for and on behalf of the above said bidder to the sum of Rs.……… …. for
which payment will and truly to be made to the said APPDCL, the bank binds itself,
its successors and assigns by these presents and Sealed with the common Seal of the
said Bank this …….day of…… 2019
we the Bank(indicate name of the bank with full address) , do hereby undertake
forthwith and immediately to pay amounts due and payable under this guarantee
without any delay or demur , merely on a demand from the Andhra Pradesh Power
Development Company Ltd..
Any such demand made on the bank shall be conclusive and final as regards the
amount due and payable by the bank under this guarantee. However, our liability
under this guarantee shall be restricted to an amount not exceeding Rs.
________________ (Rupees__________________only.)
We undertake to pay unconditionally to the Andhra Pradesh Power Development Company
Limited any money so demanded not withstanding any dispute(s) raised by the Tenderer in
any suit, or proceedings pending before any Court or Tribunal or Arbitration or before any
other Authority relating thereto our liability under this present being absolute and
unequivocal. The payment under this guarantee would not wait till the disputes have been
decided by any Court or Tribunal or in the Arbitration proceeding or by any other Authority.
The payment so made by us under this guarantee shall be a valid discharge of liability for
payment there under and Tenderer(s) shall have no claim against us for making such
payment
Seal and signature of the Tenderer
61
Notwithstanding anything contained in the foregoing our liability under this
guarantee is restricted to Rs………………. Our guarantee shall remain in force until
_____ Unless a claim is made to the Bank within 3 months from that date, all your
rights under this guarantee shall be forfeited and we shall be relieved and discharged
from all liability hereunder.
Furthermore, we________________Bank limited accept that
i. This Bank Guarantee is unconditional and absolute
ii. Claim against this Bank Guarantee will be honoured without any delay or
demur; and
iii. This Bank guarantee covers all the losses, claims, damages and costs suffered
by the APPDCL against the said Tender.
We……….. Bank , lastly undertake not to revoke this guarantee during its currency
except with the previous consent of the APPDCL in writing.
In witness where of signed this Guarantee on this ______Day __ 20___ for __ Bank Ltd. at
……….,
Signature: Designation: Address: Seal:
Seal and signature of the Tenderer
62
Annexure-IV
Andhra Pradesh Power Development Company Limited
PROFORMA FOR BANK GUARANTEE FOR SECUTIRY DEPOSIT
(This Bank Guarantee has to be executed on a Non-Judicial Stamped paper worth Rs.100/-)
(Application to the State Bank of India and other Nationalized Banks approved in terms
of the Government of India, Ministry of Finance, Office Memorandum No. F(27)-F-1/54,
dated the 25th of February, 1965, for guarantee without deposit of the securities up to
prescribed limit r/w subsequent amendments.)
In consideration of the Andhra Pradesh Power Development Company Limited (herein
after called ‘the APPDCL’) have agreed to exempt ___________________ (herein after
called the ‘said contractors’) from the demand, under the terms and conditions of the
P.O.No./Agt. No. ___ dt _____ _ made between the
APPDCL and M/s _____ ______ for Transportation of washed coal from different
washeries at M/s MCL Talcher area to SDSTPS via RSR mode through Paradip and
Krishnapatnam Ports and payment of Security Deposit for the due fulfillment by the
said contractors of the terms and conditions contained in the said agreement/ P.O. on
production of a Bank Guarantee for Rs _____________ (Rupees ______
________________________ only).
we ………………………… Bank(indicate name of the bank with full address) , do
hereby undertake forthwith and immediately to pay amounts due and payable under
this guarantee without any delay or demur, merely on a demand from the Andhra
Pradesh Power Development Company Limited.
Any such demand made on the bank shall be conclusive as regards the amount due and
payable by the bank under this guarantee. However, our liability under this guarantee
shall be restricted to an amount not exceeding Rs. ________________
(Rupees__________________only.)
Seal and signature of the Tenderer
63
We undertake to pay unconditionally to the Andhra Pradesh Power
Development Company Limited any money so demanded not withstanding any
dispute(s) raised by the Contractor in any suit, or proceedings pending before any Court
or Tribunal or Arbitration or before any other Authority relating thereto our liability
under this present being absolute and unequivocal. The payment under this guarantee
would not wait till the disputes have been decided by any Court or Tribunal or in the
Arbitration proceeding or by any other Authority. The payment so made by us under this
guarantee shall be a valid discharge of liability for payment there under and Contrator(s)
shall have no claim against us for making such payment.
We _____ ___ Bank Ltd., further agree that the guarantee herein contained shall
remain in full force and effect during the period that would be taken for the performance
of the said agreement and that it shall continue to be enforceable till all the dues of the
APPDCL under by virtue of the said agreement have been fully paid and its claims
satisfied or discharged or till the concerned Chief General Manager certifies that the
terms and conditions of the said agreement/ P.O have been fully and properly carried
out by the said contractors and accordingly discharge the guarantee, subject to however
that the APPDCL shall have no right under this bond after expiry of _________ (period)
from the date of its execution.
We the guarantor Bank under take to pay the amount guaranteed here under or such
part their of as required immediately on demand of the same being demanded by the
APPDCL without referring to the bidder and without questioning the right of the
APPDCL to make such demand or the propriety or legality of the demand.
Notwithstanding anything contained in the foregoing our liability is restricted to Rs.
______________ (Rupees ____ ___________ only). Our guarantee shall remain in force
until __________ unless a claim under the guarantee is made against us within 6 months
from that date, all your rights under this guarantee shall be forfeited and we shall be
relived and discharged from all liabilities here under.
Furthermore, we________________Bank limited accept that
Seal and signature of the Tenderer
64
i. This Bank Guarantee is unconditional and absolute
ii. Claim against this Bank Guarantee will be honoured without any delay or
demur; and
iii.This Bank guarantee covers all the losses, claims, damages and costs suffered
by the APPDCL against the said Tender.
We……….. Bank , lastly undertake not to revoke this guarantee during its currency
except with the previous consent of the APPDCL in writing.
In witness where of signed this Guarantee on this ______Day __ 20___ for __ Bank Ltd. at
……….,
Signature: Designation: Address: Seal:
Seal and signature of the Tenderer
65
Annexure-V
FORM OF BANK GUARANTEE TOWARDS COST OF WASHED COAL
(To be executed on Rs.100/- Stamp Paper)
(Applicable to the State Bank of India and other scheduled Banks approved in terms of the
Government of India, Ministry of Finance, Office Memorandum No. F (27)-F-1/54 dated the
25th February 1955 for guarantee without deposit of securities upto prescribed limit)
--------------------------------------------------------------------------
BANK GUARANTEE TOWARDS COST OF WASHED COAL
Bank Guarantee No.
Where as the “Andhra Pradesh Power Development Company Limited” herein after called
“APPDCL” incorporated under the provisions of companies Act,1956 having its registered
office at VidyutSoudha, Khairatabad, Hyderabad and Administrative Office at Plot NO.29,
Road No.1, Central Excise Colony, Andhra Loyola College Road, Vijayawada -520 008 have
awarded the contract of
“_________________________________________________________________________________
_______________________________________________(Name of the work)” vide Purchase
Order issued in letter No :_________________________________in terms of Tender
Specification No:_________________________ to M/s. _______________(the firm),
_______________________(Address of the firm)”herein after called the said contractor”.
Where as, as per the terms and conditions of the /Purchase Orderdt._________read with
Tender Specification No: ____________________________, the said contractor has to furnish
Bank Guarantee from any Nationalized bank/ Scheduled bank in favour of the APPDCL,
equivalent to the cost of one month’swashed coal(including taxes, duties, Cess, Royalty,
clean energy Cessetc) towards cost of washed coal supplied, the quantity of which works out
to about __________MT and the value works out to about Rs.__________________.
we Bank(indicate name of the bank with full address) , do
hereby undertake forthwith and immediately to pay amounts due and payable under
this guarantee without any delay or demur , merely on a demand from the Andhra
Pradesh Power Development.
We hereby undertake that on any such demand made on the bank shall be conclusive
and final as regards the amount due and payable by the bank under this guarantee.
However, our liability under this guarantee shall be restricted to an amount not
exceeding Rs. ________________ (Rupees__________________only.)
We undertake to pay unconditionally to the Andhra Pradesh Power Development Company
Limited any money so demanded not withstanding any dispute(s) raised by the Tenderer in
any suit, or proceedings pending before any Court or Tribunal or Arbitration or before any
Seal and signature of the Tenderer
66
other Authority relating thereto our liability under this present being absolute and
unequivocal. The payment under this guarantee would not wait till the disputes have been
decided by any Court or Tribunal or in the Arbitration proceeding or by any other Authority.
The payment so made by us under this guarantee shall be a valid discharge of liability for
payment there under and Tenderer(s) shall have no claim against us for making such
payment
Not withstandingany thing contained in the foregoing, our liability under this guarantee is
restricted to Rs._________/- (Rupees _____________________________________ only). Our
guarantee shall remain in force until (Ending Date for the Period mentioned above). Unless a
claim under this guarantee is made against us within three months from that date, all the
rights of APPDCL under this guarantee shall be forfeited and we shall be relieved and
discharged from all liability hereunder.
We, the Guarantor Bank undertake to pay the amount guaranteed hereunder or such part
thereof as required immediately on the same being demanded by the APPDCL without any
demur or delay or objection and without any reference to the suppliers and without
questioning the right of the APPDCL to make such demand or the proprietary or legality of
the demand.
We (Name & Address of the Bank), lastly undertake not to revoke this guarantee during its
currency, except with the previous consent of the APPDCL in writing.
We________________________ bank Limited, further agree that this bank guarantee is
1. The above Bank Guarantee shall be unconditional and absolute.
2. The above Bank Guarantee shall be without any delay or demur if claim arises
3. The above Bank Guarantee shall guarantee all losses, claims, damages and costs suffered
by APPDCL.
Dated the ____ day of ____’2019
For (Name of the Bank)
Signature of Bank Manager
and seal of the Bank.
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Annexure –VI
TERMS & CONDITIONS OF REVERSE AUCTION
Against this Tender enquiry for the subject package with detailed scope of supply as per
bidding document, APPDCL shall resort to “REVERSE AUCTION PROCEDURE”. The
philosophy followed for Reverse Auction shall be English Reverse (No ties).
1. For the Reverse Auction, technically and commercially acceptable bidders only shall be
eligible to participate.
2. Bidders shall ensure online submission of their ‘Bid Price’ within the auction period.
3. APPDCL/APGENCO will provide all necessary training and assistance before
commencement of reverse auction. APGENCO/ APPDCL, in case so required, shall
arrange to demonstrate/ train the bidder or bidder’s nominated person(s), without any
cost to bidders. APGENCO/ APPDCL shall also explain the bidders, all the rules related
to the reverse Auction/ Business Rules Document to be adopted along with Reverse
Auction manual.
4. Business rules for Reverse Auction like event date, time, bid decrement, extension etc.
shall be as per the business rules, enumerated in the biding documents, for compliance.
5. Bidders have to accept ‘Terms & Conditions’ and the ‘Business rules of Reverse Auction’
before start of Reverse auction. Without this, the bidder will not be eligible to submit bid
in the Reverse Auction.
6. Reverse auction will be conducted on scheduled date & time, which shall be intimated to
the eligible bidders in advance.
7. After conclusion of the Reverse Auction event, all the bidders have to e-mail from its
registered e-mail id, the itemized breakup of the final prices quoted during the online
Reverse Auction duly signed by the authorized person, in the prescribed Price Schedule
format including that of line items, if required, within two (2) hours of Auction end time
without fail.
8. Bidders should acquaint themselves of the ‘Business Rules of Reverse Auction’, which will
be enclosed separately in the bidding documents.
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9. If the Bidder or any of its representatives are found to be involved in Price manipulation/
cartel formation of any kind, directly or indirectly by communicating with other bidders,
action as per extant APGENCO/APPDCL guidelines, shall be initiated by
APGENCO/APPDCL.
10. The Bidder shall not divulge either its Bids or any other exclusive details of
APGENCO/APPDCL to any other party.
11. Period of validity of Prices received through Reverse Auction shall be same as that of the
period of validity of bids offered.
12. Bidders should also note that:
i. Bidders may note that, although extension time is ‘X’ minutes, there is a time lag
between the actual placing the bid on the local computer of the bidder and the
refreshing of the data on to the server for the visibility to the Owner. Considering
the processing time for data exchange and the possible network congestion, bidders
must avoid the last minute hosting of the Price Bid.
ii. Participating bidder will agree to non-disclosure of trade information regarding the
purchase, identity of APGENCO/APPDCL, bid process, bid technology, bid
documentation and bid details.
iii. Bidder is advised to understand Proxy Bidding process as a protection against
technical failure.
iv. It is brought to the attention of the bidders that the bid event will lead to the final
price only.
v. Technical and other non-commercial queries (not impacting price) can only be routed
to the APGENCO/APPDCL contact personnel indicated in the bidding documents.
vi. Order finalization and post order activities such as shipment, payment, warranty etc
would be transacted directly between successful bidder and APGENCO/APPDCL.
vii. Order shall be placed outside the e-portal & further processing of the PO shall also
be outside the system.
viii. In case of any problem faced by the bidder during Reverse Auction and for all
Bidding process related queries, bidders are advised to contact the persons
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indicated for the concerned location/project office in “Contact Us” link provided on
the log on page of APGENCO e-tender portal.
ix. Bidders are advised to visit the auction page and enter the ‘live auction’ cockpit
successfully well in advance to identify / rectify the problems to avoid last minute
hitches.
x. APGENCO/APPDCL will not be responsible for any PC configuration/Java related
issues, software/hardware related issues, telephone line glitches and breakdown /
slow speed in internet connection of PC at Bidder’s end.
xi. Bidders may note that it may not be possible to extend any help, during Reverse
Auction, over phone or in person in relation to rectification of PC / Internet / Java
related issues and Bidder may lose the chance of participation in the auction.
13. For access to the Auction site, the following URL is to be used:
https://etender.apgenco.gov.in
Login ID and Password: Use your personal Login ID and Password to participate in
the online event
Click on “Process Bid” and subsequently on “Live Auction document number”.
Click on “Live Auction” to launch Live Auction. Live Auction Cockpit shall appear
on the screen after accepting the Terms & Conditions by the bidder.
Enter Item Rate in the “Bid Price/Minimum Bid Price (in case of Proxy Bidding)” field
for each item and press “Submit” to quote in Live Auction. A confirmation prompt
showing total Bid Price shall appear on the screen which is required to be confirmed.
In case of any mistake in entering the price, click on the “No” button to re-enter the
Prices.
In case the Prices are accepted by the system, it prompts “Your bid for the line item #
has been successfully submitted” otherwise message “Bid price is too high; Bid
rejected for the following line item #” (#-respective line item no).
In case the Auction is paused by the Buyer, a prompt will appear on the screen
conveying the message.
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Similar prompt will also come on resuming of the Auction, Time Extension of the
Auction and Close of Auction.
14. No queries shall be entertained while Reverse Auction is in progress.
15. In case user ID is locked, you are requested to call helpdesk at +91-866-2526979,2526980
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USER HELP
1. Log on to https://etender.apgenco.gov.in
2. Enter your Login ID & Password. Click on the link ‘Login’
3. You will reach your account Home Page, Click on the required Auction Number and then
on the Live Auction link to enter the Auction Cockpit.
4. You will enter the action cockpit.
Check points for starting real time auction
Check the details of Reverse Auction participating for,
Had taken the vendor training
Correct Item name that is set for Reverse Auction
Opening price, duration, and bid decrement of the Reverse Auction, as
communicated.
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Annexure-VII
BUSINESS RULES OF REVERSE AUCTION
1. Schedule for Reverse Auction: The Reverse Auction (RA) is tentatively scheduled on
the date of opening of the Price Bid, as per the following timings:
Online Reverse Auction:
Start Time : 02:00 PM
End Time :03:00 PM
2. Auction extension time : If a valid bid is placed within 5 minutes of End Time of the
RA, then reverse Auction duration shall get automatically extended for another 5
minutes from the existing end time. It may be noted that the auto-extension will take
place only if a valid bid comes in those last 5 minutes. If a bid does not get accepted as
the lowest bid, the auto -extension will not take place even if that bid might have come
in the last 5 minutes. The above process will continue till no bid is received in last 5
minutes which shall mark the completion of Reverse Auction. However, bidders are
advised not to wait till the last moment to enter their bid to avoid complications related
to internet connectivity, their network problems, system crash down, power failure etc.
3. Bid price: The Bidder has to quote the total F.O.R. landed price including all taxes,
duties and GST for the Package in Indian Rupees. The auction would be conducted on
TINR basis only.
4. Post auction procedure: APPDCL will proceed with the Lowest Bid received in the
Reverse Auction for further processing and award considerations. APPDCL reserves
the right to allot the quantities for more than one supplier, if required, to ensure
uninterrupted coal supplies.
5. Procedure of Reverse Auctioning
i. All bidders are to submit their Price Bids including Price Schedule a long with
submission of Techno-Commercial bid as per schedule mentioned.
ii. Online Reverse Auction: The ‘Opening Price’ i.e. start price for RA will be as
decided by APPDCL in TINR.
iii. Bid Decrement will be decided by APPDCL.
iv. Bidders, by offering a price equal to or lower than the “Next Valid Bid, can
become “L1” Bidder and this continues as an iterative process.
v. After completion of the online Reverse Auction, the Closing Price (CP) shall be
available for further processing.
6. If no bid is received in the auction system/ website within the specified time of the
online RA, then APPDCL will scrap the online Reverse Auction process and proceed
with the Bid Price received through e-tendering for further processing.
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7. Only those bidders who have submitted the ‘‘Price Bid along with Price Schedule’
within the scheduled time and who are considered technically and commercially
responsive, shall be eligible to participate in RA process.
8. Online Reverse Auction shall be conducted by APGENCO/APPDCL on pre-specified
date and time, while the bidders shall be quoting from their own offices/ place of their
choice. Internet connectivity shall have to be ensured by bidders themselves.
During the RA, if a bidder is not able to bid and requests for extension of time by e-
mail/fax, then time extension of additional 15 minutes may be given by
APGENCO/APPDCL provided such requests come at least 5 minutes before auction
end time and no bid is received by APGENCO/APPDCL till that time. However, in
order to ward-off such contingent situation, bidders are requested to make all the
necessary arrangements/ alternatives whatever required so that they are able to
circumvent such situation and still be able to participate in the Reverse Auction
successfully. Failure of power or loss of connectivity at the premises of bidders during
the Reverse Auction cannot be the cause for not participating in the Reverse Auction.
APGENCO/APPDCL shall not be responsible for such eventualities.
Proxy bids: Proxy bidding feature is a pro-bidder feature to safeguard the bidder’s
interest of any internet failure or to avoid last minute rush. The proxy bidding feature
allows bidders to place an automated bid in the system directly in an auction and bid
without having to enter a new amount each time a competing bidder submits a new
offer. The bid amount that a bidder enters is the minimum bid price in TINR that the
bidder is willing to offer. Here the software bids on behalf of the bidder who has
quoted the lowest “Minimum Bid Price”, the price which is one decrement less than the
next bidder’s bid price.
This obviates the need for the bidder participating in the bidding process until the
minimum bid amount is decrementally reached by other bidders. When any bidder
quotes a price lower than the existing lowest bid amount, the bidder (who had earlier
submitted the lowest bid) has an option to once again start participating in the bidding
process by quoting a price equal or lower than the next valid bid price. However, it
may please be noted that if the current bid matches the minimum bid of the lowest
bidder submitted earlier, the bid submitted by the lowest bidder will be recognized as
the L1 at that instant.
During the course of bidding, the bidder cannot delete or increase such amount but can
always reduce the same depending upon the amount quoted by other bidders. Proxy
bids are fed into the system directly by the respective bidders. As such this information
is privy only to the respective bidder (s).
9. Bidders are advised to get fully trained and clear all their doubts such as refreshing of
Screen, quantity being auctioned, tender value being auctioned, auction rules etc.
10. After completion of the Reverse Auction event, based on the final price quoted by
the bidders in TINR, bidders shall submit item wise price break up for all the items
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to APGENCO/APPDCL in the prescribed format / price break up sheet within 2
hours of conclusion of the R.A.
Bidder shall not be allowed or permitted to increase the item rate of any item earlier
quoted in the Price Schedule submitted along with Price Bid.
Bidder to note that the final landed Price as per item wise detailed break -up shall
not exceed the final Landed Price of the Package received after completion of RA,
which means any difference due to approximation shall be adjusted to auction
price received.
11. Any variation between the final bid value and that in the confirmatory price breakup,
except approximation made in final bid value, sent through registered e-mail will be
considered as tampering the tender process and will invite action by APGENCO/
APPDCL as per extant guidelines in vogue.
12. Bidders shall be assigned a Unique User Name & Password by APGENCO/APPDCL.
Bidders are advised to change the Password after the receipt of initial Password from
APGENCO/APPDCL to ensure confidentiality. All bids made from the Login ID given
to the bidders will be deemed to have been made by the bidders/ bidders’ company.
13. Bidders shall be able to view the following on their screen along with the necessary
fields during Online Reverse Auction :
a) Start Price
b) Decrement value
c) Rank of the bidder
d) Current bid of the bidder (Unit Rate)
e) Minimum Bid placed by the bidder (Unit Rate)
f) Current Bid Value of the Bidder (Total Bid Price)
g) Best Bid in the Auction (Current L1 Price)
h) Next Valid Bid (Unit Rate to be quoted in order to become L1)
i) Minimum Bid Price (Bidder to enter its minimum Bid Price here-Unit Rate)
14. Upon receipt of the system report after completion of the Online Reverse Auction, L1
will be considered for further processing. APPDCL’s decision on award of contract
shall be final and binding on all the Bidders.
15. APPDCL reserves the right to cancel/reschedule/extend the Reverse Auction process/
tender at any time, before ordering, without assigning any reason.
16. APPDCL shall not have any liability to bidders for any interruption or delay in access
to the site irrespective of the cause. In such cases, the decision of APPDCL shall be
binding on the bidders.
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17. Other terms and conditions shall be as per bidder’s techno-commercial offers and as
per APPDCL’s bidding documents and other correspondences, if any, till date.
18. Bidders are required to submit their acceptance to the stipulated terms and conditions
before participating in the Reverse Auction
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ANNEXURE- VIII
Format for Joint Venture/Consortium Agreement
(On non-judicial stamp paper of appropriate value to be purchased in the name of
executants companies or as required by the jurisdiction in which executed)
THIS Consortium Agreement executed on this ................ day of ........................... Two
Thousand ………………. By:
M/s. ......................................................... a Company/Partnership Firm/ Sole
Proprietorship Organisation incorporated under the Act/Laws of
........................………………………........ and having its Registered/Head office at
............................... (hereinafter called the “Lead Member/First Member” which
expression shall include its successors); and
M/s. …......................................................... a Company/Partnership Firm/ Sole
Proprietorship Organization incorporated under the Act/Laws of
………....................................................………………………..... and having its
Registered/Head office at ............................... (hereinafter called the “Second Member”
which expression shall include its successors) .
The Lead Member/First Member, the Second Member, shall collectively hereinafter
be called as the “Joint Venture/Consortium Members” for the purpose of submitting
a bid proposal to Andhra Pradesh Power Development Company Limited (
Hereinafter referred to as <APPDCL>) ,being a Company/Body Corporate having its
Registered Office/Head office at ………………………………………, India (hereinafter
called the “Owner”) in response to the invitation of bids (hereinafter called as
”Tender Specification No……….” Document) Dated…………..for Transportation of
Washed coal from different washeries at M/s MCL Talcher area as per the Scope of
Work ………………………..(hereinafter called as “the Transaction”).
WHEREAS the Invitation for Bids, stipulates that Two bidder(s) may form a joint
venture/Consortium among themselves and apply against this tender specification,
provided they fulfill the following eligible criteria;
1. They should have Consortium agreement as per the prescribed format for the
purpose of participation in the bidding process. The number of a Consortium
shall be limited to two members.
2. One of the Joint Venture/Consortium member should be a Transporter of
coal/washed coal or any commodity to any Thermal Power
Station/Industry/Govt. Departments by Rail cum Sea mode (or) vice-versa.
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3. Consortium as a single entity shall comply with the qualifying norms as
specified in the tender.
4. The lead member of the Consortium on its own shall satisfy at least 50% of the
qualifying norms in respect of the work experience ( Technical ) & Turn Over
requirement
( Financial).
5. The lead member along with the other member of the Consortium shall satisfy
the balance 50% of the qualifying norms in respect of the work experience &
Turn Over requirement.
6. The Consortium members shall authorize the lead member by submitting a power
of Attorney as per the prescribed format duly signed by the authorized
signatories. The lead member shall be authorized to receive instructions for and
on behalf other partner of the Consortium during the execution of the contract.
7. The Consortium and the member shall be jointly and severally responsible and be
held liable for the purpose of guaranteed obligation and any other matter as
required under the contract.
8. Any member of the Consortium member(s) shall not be eligible either in an
individual capacity or part of any other Consortium, to participate in the tender,
where the said Consortium participates.
9. Work Order(s) will be placed on the name of the lead member of the Consortium.
10. In addition to the above the Lead Member of the Consortium should submit the
following documents along with the bid.
i. PAN & TIN No.
ii. GST registration.
11. The Lead Member of the Consortium shall have to furnish Goods and service tax
registration, and other requirements to operate the contract.
12. The prescribed formats for Power of Attorney (Annexure …..) is provided in the
tender specification as enclosures.
AND WHEREAS the members of the Joint Venture/Consortium together shall strictly
comply with the eligibility criteria as specified i in Clause-3 of the Tender
Specification.
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AND WHEREAS bid has been proposed to be submitted to the <Owner> by Lead
Member based on this Joint Venture/Consortium agreement between all the
members, signed by all the members.
NOW THIS INDENTURE WITNESSETH AS UNDER:
In consideration of the above premises, in the event of the selection of Joint
Venture/Consortium as successful bidder, both the Parties of this Joint
Venture/Consortium Agreement do hereby agree and abide themselves as follows:
1. M/s. ...................................... shall act as Lead Member for and on behalf of Joint
Venture/Consortium Members. The said Joint Venture/Consortium Members
further declare and confirm that they shall jointly and severally be bound and
shall be fully responsible to the Owner for Transportation of washed coal from
different washeries SDSTPS via RSR mode as per the Scope of Work, and
successful performance of the works, obligations under the same by the Lead
Member are as follows:
2. Despite any breach by the Lead Member or other Member of the Joint
Venture/Consortium agreement, the Member(s) do hereby agree and
undertake to ensure full and effectual and successful performance of the
Contract with the Owner and to carry out all the obligations and
responsibilities under the said Contract in accordance with the requirements
of the Contract.
3. If the Owner suffers any loss or damage on account of any breach of the
Contract or any shortfall in the performance in meeting the performance
guaranteed as per the specification in terms of the Contract, the Member(s) of
these presents undertake to promptly make good such loss or damages caused
to the Owner, on its demand without any demur. It shall not be necessary or
obligatory for the Owner to proceed against Lead Member to these presents
before proceeding against or dealing with the other Member(s). The obligation
of each of the member is absolute and not independent of the Joint
Venture/Consortium or any member.
4. The financial liability of the members of this Joint Venture/Consortium
agreement to the Owner, with respect to any of the claims arising out of the
performance or non- performance of the obligations set forth in the said Joint
Venture/Consortium agreement, read in conjunction with the relevant
conditions of the Contract shall, however, not be limited in any way so as to
restrict or limit the liabilities of any of the members of the Joint
Venture/Consortium agreement. The liability of each member is absolute and
not severable.
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5. It is expressly understood and agreed between the Members to this Joint
Venture/Consortium agreement that the responsibilities inter se amongst the
Members shall not in any way be a limitation of joint and several
responsibilities and liabilities of the Members to the Owner. It is clearly
understood that the Lead member shall ensure performance under the
agreements and if one or more Joint Venture/Consortium Member(s) fail to
perform its /their respective obligations under the agreement(s), the same
shall be deemed to be a default by all the Joint Venture/Consortium Members.
It will be open for the Owner to take any steps, punitive and corrective action
including the termination of contract in case of such default also.
6. This Joint Venture/Consortium agreement shall be construed and interpreted
in accordance with the laws of India and shall be subjected to exclusive
jurisdiction of Courts in Andhra Pradesh in all matters arising there under.
7. In case of an award of a Contract, all the Members to the Joint
Venture/Consortium agreement do hereby agree that Lead Partner shall
furnish Security Deposit in the form Bank Guarantee for value of 2.5% of the
Contract Price and additional 1% by the other Joint Venture/Consortium
Partner in the form of an unconditional irrecoverable Bank guarantee in the
prescribed format and as per terms of the contract.
8. It is further agreed that the Joint Venture/CONSORTIUM agreement shall be
irrevocable and shall form an integral part of the Contract, and shall continue
to be enforceable till the Owner discharges the same. It shall be effective from
the date first mentioned above for all purposes and intents.
9. Capitalized terms used but not defined herein shall have the meaning as
assigned to them in the Tender Documents and/or the agreements.
10. In case of any dispute amongst the members of the Joint Venture/Consortium,
Owner shall not be in any way liable and also the Consortium members shall
not be absolved from the contractual obligation in any manner.
IN WITNESS WHEREOF the Members to the Joint Venture/CONSORTIUM
agreement have through their authorized representatives executed these presents
and affixed Common Seals of their companies, on the day, month and year first
mentioned above.
1. Common Seal of <……………..> For Lead/First Member
has been affixed in my/our presence
Pursuant to the Board of Director's (Signature of authorized resolution dated
……………………. representative)
Name... …………….…………….
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Signature.. ………….……………. Designation …………….…………….
Name …………….…………….…………… Common Seal of the company
Designation…………….…………….…. …………….…………….…………….
2. Common Seal of <…………….…………> For Second Member
has been affixed in my/our presence
pursuant to the Board of Director's (Signature of authorized
resolution dated representative)
Name... …………….…………….
Signature.. ………….……………. Designation …………….…………….
Name …………….…………….…………… Common Seal of the company
Designation…………….…………….… …………….…………….………….
WITNESSES :
1.…………….…………….…………. 2. …………….…………….………….
(Signature) (Signature)
Name …………..…………….…………….… Name …………….…………….…
(Official address) (Official address)
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Annexure- IX
FORM OF POWER OF ATTORNEY FOR Joint Venture/CONSORTIUM
(On Non –Judicial Stamp Paper of Appropriate value
to be Purchased in the Name of Joint Venture/CONSORTIUM)
KNOW ALL MEN BY THESE PRESENTS THAT WE, the Members whose details are
given hereunder…………………………….. have formed a Joint
Venture/CONSORTIUM and having our Registered Office (s)/Head Office (s) at
……………………………….(hereinafter called the ‘Joint Venture/Consortium’ which
expression shall unless repugnant to the context or meaning thereof, include its
successors, administrators and assigns) do hereby constitute, nominate and appoint
M/s……………………………………………. a company/Transport Contractor
incorporated under the laws of …………..and having its Registered/Head Office at
…………….as our duly constituted lawful Attorney ( hereinafter called “Lead
Member ”) to exercise all or any of the powers for and on behalf of the
CONSORTIUM in regard to bid document No…………….. for Transportation of
washed coal from different washeries at M/s MCL Talcher ared to SDSTPS via RSR
mode through Paradip and Krishnapatnam
ports……………………………………………………… for which bids have been
invited by the Owner namely (APPDCL), to undertake the following acts :
(i) To submit proposal, participate and negotiate in respect of the aforesaid Bid –
Specification of the Owner on behalf of the “Joint Venture/Consortium”.
(ii) To negotiate with Owner the terms and conditions for award of the contract
pursuant to the aforesaid Bid and to sign the contract with the Owner for and on
behalf of the “Joint Venture/Consortium”.
(iii) To do any other act or submit any document related to the above.
(iv) To receive, accept and execute the contract for and on behalf of the “Joint
Venture/Consortium”.
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(v) To submit the contract security Deposit/Additional Deposit in the form of an
unconditional irrecoverable Bank guarantee in the prescribed format and as per
terms of the contract.
It is clearly understood that the Lead Member shall ensure performance of the
contracts (s) and if the remaining Member fail to perform their respective portion of
the contracts (s), the same shall be deemed to be a default by all the Members.
It is expressly understood that this power of Attorney shall remain valid binding and
irrevocable till completion of the total contract period in terms of the contract.
The Joint Venture/CONSORTIUM hereby agrees and undertakes to ratify and
confirm all the whatsoever the said Lead Member quotes in the bid, negotiates and
signs the Contract with the Owner and / or proposes to act on behalf of the Joint
Venture/CONSORTIUM by virtue of this Power of Attorney and the same shall bind
the Joint Venture/CONSORTIUM as if done by itself.
IN WITNESS THEREOF the Members Constituting the Joint Venture/CONSORTIUM
as aforesaid have executed these presents on this ………… day of …….. under the
Common Seal (s) of their Companies.
For and on behalf of
The Members of Joint Venture/Consortium
1……………………………………………
2…………………………………………….
The common Seal of the above Members of the Joint Venture/Consortium
The Common Seal has been affixed there unto in the presence of:
Witness:
1. Signature………………………….
Name:……………………………
Designation………………………….
Occupation………………………….
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2. Signature………………………….
Name:……………………………
Designation………………………….
Occupation………………………….
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