andhra pradesh power development company limited … · coast railways, paradip and krishnapatnam...

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: [email protected]/[email protected]

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


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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


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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


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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


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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:[email protected]

[email protected]

website: https://etender.apgenco.gov.inor www.apenco.gov.in

Chief General Manager/APPDCL

https://etender.apgenco.gov.in/

http://www.apenco.gov.in/

mailto:[email protected]

mailto:[email protected]


http://www.apenco.gov.in/


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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,



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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.


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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



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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.

http://www.tcs-ca.tcs.co.in/

http://www.safescrypt.com/

http://mtnldigitalsignature.com/


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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.


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45. Notwithstanding anything stated above the APPDCL reserves the right to assess the


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.


15

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.


18

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.


21

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.


22

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


23

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


24

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.


25

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


26

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.


27

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.


28

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


29

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


30

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


31

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


32

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)


33

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


34

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.


35

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.



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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.



37

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


38

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


39

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


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.


40

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.


41

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


42

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:


43

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.


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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.


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.


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.


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.


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):

http://www.apgenco.gov.in/


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.



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


51

SCHEDULE – II

DETAILS OF OTHER WORKS TENDERED FOR AND ON HAND AS ON THE DATE OF

SUBMISSION OF TITS TENDER


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



Designation

Date


52

SCHEDULE – III

DETAILS OF EQUIPMENT PROPOSED TO BE PROVIDED AND MAINTAINED AT

SITE/Ports FOR THIS PURPOSE


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.



Designation

Date


53

SCHEDULE –IV

Qualification of the tenderer if he is a professionally qualified

S No Name Qualification

1 2 3



Designation

Date


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)



Designation

Date


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



Designation

Date


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.


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)


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


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


Designation

Date.


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.


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


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:


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.)


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


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:


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


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.


67

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………………………….