SELECTION OF TRANSACTION ADVISORFinal).pdf · CHHATTISGARH MINERAL DEVELOPEMENT CORPORATION LIMITED (A Govt. of Chhattisgarh Undertaking) REGD.OFFICE: SONAKHAN BHAWAN, RING ROAD NO.1,

CHHATTISGARH MINERAL DEVELOPEMENT CORPORATION LIMITED (A Govt. of Chhattisgarh Undertaking)

REGD.OFFICE: SONAKHAN BHAWAN, RING ROAD NO.1, VIL.PURAINA, P.O. RAVIGRAM, RAIPUR (C.G.)

492006 FAX-0771- 4001074, PHONE-0771-4283557

Bid no: CMDC/Iron/2015/01 Dated: 15.07.2015

BID DOCUMENT

FOR

"SELECTION OF TRANSACTION ADVISOR"

FOR

SELECTION OF MINE DEVELOPER-CUM-OPERATOR (MDO)

FOR

ARIDONGRI AND KABIRDHAM IRON ORE PROJECT

Cost of Bid Document : Rs. 25,000 (Rupees Twenty-five Thousand Only)

(Non Refundable) Per Bid Form

Note: - Bidder has to attach Demand draft/Bankers cheque of Rs.25,000/- in favor of CMDC payable at any Nationalized/Scheduled Bank at Raipur. (Non refundable) towards the cost of Bid document if it is downloaded from the website.



492006 FAX-0771- 4001074, PHONE-0771-4283557


INDEX

S. No Description Page Nos

1 Bid Notice 1

2 Disclaimer 2-3

3 Brief Description of CMDC 4

4 Objective & scope of work 5-6

5 Pre-Qualifying Criteria (Technical & Financial) and Evaluation Criteria 7-12

6 Roles and Responsibilities of CMDC and Transaction Advisor) 13-14

7 Bid Terms and Conditions 15-20

8 Manner of Preparation and Submission of Bid Documents 21-25

9 Other General Conditions 26-33

10 Payment Terms 34

11 Bid Schedule 35

12 Other Terms & Conditions 36-39

13 Full Information About the Bidder (Annexure -A) 40

14 Details of Work Done as Per Pre-Qualification Requirements in Providing End to End Services For Various Central Government/State Government PSUS (Annexure-B)

41

15 Proforma of Letter of Undertaking (Annexure -C) 42

16 Proforma Bank Guarantee for Contract Performance (Annexure -D) 43-44

17 Details of Key Personnel and Their Qualifications Required in the Team of Transaction Advisor (To be placed for this assignment) (Annexure- E)

45-46

18 Qualification and the Experience of the Key Personnel Proposed to be Deployed for the Task. Curriculum Vitae of Each Personnel Should be Attached as Described in Annexure-G (Annexure-F)

47

19 Format for Curriculum Vitae for members of Transaction Advisors Team (Annexure G1) 48

20 Format for Curriculum Vitae for members of Transaction Advisors Team (Annexure G2) 49

21 Format for Curriculum Vitae for Members of Transaction Advisors Team

(Annexure G3) 50



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(Annexure G4)

51


(Annexure G5)

52


(Annexure G6)

53

25 Format for undertaking for Declaration for conflict of interest (Annexure H) 54

26 Format for Price Bid Price Schedule (Part-II of Bid Document) 55



492006 FAX-0771- 4001074, PHONE-0771-4283557

Bid no: CMDC/Iron/2015/01 Date: 15.07.2015

BID NOTICE

Sealed Bid are invited by CMDC Ltd. in two stages bid system for appointment of "TRANSACTION ADVISOR" for selection of Mine Developer Cum Operator (MDO) for Aridongri and Kabirdham Iron Ore Project in Chhattigarh, India.

The detailed Notice Inviting Bid and Bid document may be purchased from the office of CMDC from : 20.07.2015 to 19.08.2015 by paying Rs 25,000/- by DD in favor of CMDC payable at Raipur.

Bid notice can be viewed on CMDC's website http://www.cmdc.co.in and cgstate.gov.in from : 18.07.2015.

For further clarifications General Manager (Mines), CMDC, Raipur may be contacted at 0771-4283557, Fax: (0771) 4001074.

Last date for submission of Bid: : 20.08.2015 upto 3.00 PM

Notice Inviting Bid is in brief. For further details, the Bidder shall refer Bid Document.

For and on behalf of CMDC Ltd.

Managing Director

1

http://www.cmdc.co.in/

http://cgstate.gov.in/


REGD.OFFICE: SONAKHAN BHAWAN, RING ROAD NO.1, VIL.PURAINA, P.O. RAVIGRAM, RAIPUR (C.G.) 492006

FAX-0771- 4001074, PHONE-0771-4283557


DISCLAIMER

1. This document is not an agreement or an offer by CMDC to Bidders or any third party. The purpose of this document is to provide interested parties with information to facilitate the formulation of their Proposal for Qualification and Price Bid.

2. This document does not purport to contain all the information each Bidder may require. The Document may not be appropriate for all persons, and it is not possible for CMDC to consider the needs of each party who uses or reads this Document. The concerned parties should conduct their own investigations and analysis and should verify the accuracy, reliability and completeness of the information in this document and obtain independent advice from appropriate sources.

3. Neither CMDC nor its employees or its consultants make any representation or warranty as to the accuracy, reliability or completeness of the information in this document.

4. Neither CMDC nor its employees or consultants shall have any liability to any Bidder or any other person under the law of contract, tort, the principles of restitution or unjust enrichment or otherwise for any loss, expense or damage which may arise from or be incurred or suffered in connection with this Document, or any matter deemed to form part of this document, the award of the work, or the information and any other information supplied by or on behalf of CMDC or its employees, any consultants or otherwise arising in any way from the selection process .

5. The bidder should confirm that the document is complete in all respects. In the event that the Document or any party thereof is mutilated or missing, the Bidder must notify CMDC immediately at the following address:

General Manager (Mine) CMDC LIMITED SonakhanBhawan, Ring Road No. 1, Vill- Puraina, P.O. Ravigram RAIPUR (CG) -492006 Fax: 0771-4004074, Phone 0771-4283557

6. The Document and the information contained herein are strictly confidential and privileged and are for the exclusive use of the party to whom it is issued. This Document must not be copied or distributed by the recipient to third parties (other than, to the extent required by the applicable law or in confidence to the recipient’s professional advisors, provided that such advisors are bound by confidentiality restrictions at least as strict as those contained in this document). In the event that after the issue of the document the recipient does not continue with its involvement in the bidding process for any reason whatsoever, this document and the information contained herein must be kept confidential by such party and its professional advisors at all times.

Signature of the Bidder With Date & Seal

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7. CMDC reserves the right to change, modify, add, alter the Document or cancel the bidding process without assigning any reasons thereof, at any stage during the bidding process. All parties to whom this Document has been issued shall be informed any such change. The Bidders or any third party shall not object to such changes/ modifications/ additions/ alterations explicitly or implicitly. Any such object by the bidder shall make the Bidder’s proposal liable for rejection by CMDC. Further objection by any third party shall be construed as infringement on confidentiality and privileged rights of CMDC with respect to this Document.

8. The Bidder shall not make any public announcements with respect to this Bidding process or this document. Any public announcements to be made with respect to this bidding process or his Document shall be made exclusively by CMDC. Any breach by the bidder of this clause shall be deemed to be non-compliance with the terms and conditions of this document and shall render the proposal of qualification liable for rejection. CMDC’s decision in this regard shall be final and binding upon the bidder.

9. It is clarified that provisions of clauses 6, 7 and 8 shall not apply to information relating to this document already available in the public domain prior to the issue of this document.

10. The bidder shall bear all costs associated with the preparation and submission of the Technical and Financial Proposals. CMDC and their consultants shall not, under any circumstances, be responsible or liable for any such costs.


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CHAPTER-1

BRIEF DESCRIPTION OF CMDC

BRIEF DESCRIPTION OF CMDC & DESCRIPTION OF IRON ORE MINE

Chhattisgarh Mineral Development Corporation Limited (CMDC) is a State Government Undertaking,

incorporated under the Indian Companies Act, 1956.

The Corporation is engaged in

o Development of Mineral Resources including Exploration and Exploitation.

o Development of Mineral based Industries with Private Participation.

CMDC is a profit making company of the Govt. of Chhattisgarh.

CMDC has been Granted mineral concession for Aridongri and Kabirdham Iron Ore Project Iron Ore Mine in

District Kanker for mining and sales of Iron Ore mine.

PRESENT STATUS OF THE ARIDONGRI IRON ORE PROJECT

Mile stone Status Exploration Explored Geological Report Completed Geological Reserve 10.01148 MT. upto depth of 50 meter Grade 62.28% Fe Mining Lease 1. Mining Lease submitted on 20.05.2011

2. GOCG, MRD has sent proposal on 04.09.2014 for prior approval of GOI, MOM. 3. Prefeasibility report is submitted to IBM, Nagpur on 11.12.2014 4. DGPS Report of 166.000 H. is submitted to MRD for correction M.L. Area in

place of 134.646 H. 5. Approval of M.L. is pending before GOI, MOM.

Mining Plan Mining plan will be prepare after prior approval of M.L. from GOI, MOM. Environment Clearance EIA/EMP Application is submitted to MOEF on 22.12.2014 Forest Clearance An application submitted to CCF on 03.11.2014. revenue land area is

selected/demarcated for compensatory afforestation. DGPS survey of applied area is done. Approval of gram sabha is optained under F.R.A. 2006

Selection of MDO Process of Selection of MDO is under progress.

KABIRDHAM IRON ORE PROJECT

Mile stone Status Exploration Explored Geological Report Completed Geological Reserve 60.07 MT. upto depth of 50 meter Grade 58.48% Fe- 60.07 MT

34.25% Fe- 11.78 MT Pre Mining Activities To start Mining Operation CMDC ahs to obtained all approval/clearances from all

statutory authorities. Such activities includes preparation and approval of mining plan, forest clearance, environment clearance, acquisition of land (R & R Plan)

Selection of MDO Process of Selection of MDO is under progress.


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CHAPTER-2

(OBJECTIVE & SCOPE OF WORK)

OBJECTIVE

Selection of Transaction Advisor for selection of Mine Developer cum Operator (MDO) for Aridongri and Kabirdham Iron Ore Project.

SCOPE OF WORK

The role of the selected Bidder is to act as Sole Transaction Advisor to undertake Bid Process Management for selecting the Mine Developer cum Operator (MDO). Detailed scope of work is given below:

1. The Transaction Advisor would present the various models that can be used for the Mine Development, Highlighting the feasibility of implementing each such model along with the respective advantages and disadvantages. No cost benefit analysis is expected to be made .

2. Transaction Advisor shall facilitate the selection of most appropriate business model for development of Mine by MDO in accordance with the Milestone planned

3. Transaction Advisor shall undertake the responsibility for preparation of draft Bid document (BID DOCUMENT) covering the-

a. Objective

b. Scope of Services of the Bidders

c. Bidding Process evaluation/award schedule

d. Qualifying requirements

e. Instruction to Bidders for submitting the technical, commercial and Financial Proposal;

f. Description of the Technical, Commercial & Financial Evaluation criteria;

g. Formats for submission of Bid proposal by the Bidder;

h. Design Formats of proposed contract to be signed by the selected MDO and other Documents required for Bid process management (including any revision as per requirement) till signing of contract with the successful Bidder.

i. Identifying Key Performance Areas (KPAs) for monitoring and evaluating the performance of the MDO, including the methodology for monitoring KPAs.

4. Transaction Advisor shall facilitate CMDC Management in finalizing the most efficient approach and also the capability assessment methodology to be adopted for selection of the MDO and structure of Bid process.

5. Transaction Advisor (TA) shall undertake Submission of Draft Bid Document covering two stages technical and financial evaluation process for study & approval by CMDC. On approval of the Draft Bid Document, Transaction Advisor will assist in issue of the Notice Inviting Bid for selection of MDO through press notification in news papers and in company website by CMDC. The actual issue of the Notice Inviting Bid will be undertaken by CMDC. The cost of publishing the Notice Inviting Bid will be borne by CMDC.

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6. Transaction Advisor shall identify and scan the profile of all the potential Bidders assist. CMDC in conducting pre-bid conference at CMDC, Head Office, Raipur or at any other place of India (at the discretion of CMDC) and clarifying the queries received/ raised by potential Bidders and modifying the Bid document in consultation with CMDC, if required.

7. Transaction Advisor shall evaluate Techno-commercial Bids, shortlist qualified Bidders and also arrange presentation of Techno-commercial comparative statements and their appraisals to CMDC and after receipt of written approval of CMDC. Transaction Advisor will take responsibility to conduct the Price Bids opening in the presence of the intending Bidders/ authorized representative at CMDC, Head Office, Raipur.

8. Transaction Advisor will assist CMDC for negotiation on Price with the successful Bidders, if required.

9. After short listing the successful Bidder, Transaction Advisor shall give recommendations to CMDC for the finalization and selection of suitable MDO in line with the above stated objective.

10. Transaction Advisor shall make draft structure of Contract agreement for approval by CMDC. After receipt of the written approval of the CMDC, Transaction Advisor will assist CMDC during signing of contract with selected Bidder.

11. The Transaction Advisor shall advise & assist CMDC in presentation to competent authority on terms and condition for engagement of MDO. (If required)

12. The above scope of work is inclusive & not exhaustive and may vary depending on the progress of the work/scheme of negotiation/discussion with the Bidders who have participated in the MDO Selection Bidders.


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CHHATTISGARH MINERAL DEVELOPEMENT CORPORATION LIMITED

(A Govt. of Chhattisgarh Undertaking) REGD.OFFICE: SONAKHAN BHAWAN, RING ROAD NO.1, VIL.PURAINA,

P.O. RAVIGRAM, RAIPUR (C.G.) 492006

FAX-0771- 4001074, PHONE-0771-4283557


CHAPTER-3

PRE QUALIFYING CRITERIA (Technical & Financial) and EVALUATION CRITERIA

3.1.: The Bidder should meet the following PRE-QUALIFYING CRITERIA (PQC):

(A) Technical

a. The Bidder should be a Company incorporated under the Companies Act 1956.

b. The bidder should have an experience of providing consultancy/ advisory services in India for at least 10 years.

c. The Bidder should have successfully completed the bid process for selection of a reputed Mine Development-cum Operator (MDO) for at least 1 mine in India (hereinafter referred to as 'Eligible Projects').

The services provided by the bidder in such eligible project (s) as per point (c) above should have covered the entire bid process cycle, including drafting of the bid documents, carrying out road shows and bidder conferences, replying to queries and clarifications, managing pre-bid conferences, evaluation of bids and assistance in the selection of the developer

d. The Bidder should have advised State/Central PSU on non-coal major minerals such as Iron Ore, Manganese etc. and have minimum of 3 years of experience in providing consultancy services in these minerals.

Note: - Bidder must provide documentary evidence from the client, i.e. copy of Work Order or copy of contract or Agreement and completion certificate from the client or proof of or payment of final Invoice for the said engagement for each of above mentioned assignment. The experience shall not be considered for evaluation if such requisite support documents are not provided with the proposal, as required in the prequalification criteria in the bid documents.

(B) Financial

a. The Annual turnover of the Bidder from consultancy/advisory services should be a minimum of Rs. 50 crores in any of the last 03 (three) financial years (i.e. 2012-13, 2013-14 or 2014-15).

b. The bidder should not have a negative net worth in any of the last 03 (three) financial years (i.e. i.e. 2012-13, 2013-14 or 2014-15).

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(C) PROPOSED TEAM FOR THE ENGAGEMENT:

Sl. No.

Category of professional

Min no. of professionals

Qualification Experience

1. Team Leader

1 Engineer with a post graduate qualification from reputed institutions

At least 1o years of experience in Mining sector in the area of PPP advisory, involving Bid Process Management, Bid Evaluation and design of PPP Frameworks in Mining Sector, should have experience in the subject of developer/operators for selection of MDOs for mining projects.

2. Mining PPP Expert

1 B.Tech Mining/Mining Engineer from reputed Institutes like ISM, Dhanbad or IITs or NITs

Should have experience of more than 5 years in the mining sector, and should have been part of the team in advising the eligible assignments in the mining sector in the areas of MDO selection and should have been involved in at least one assignments for selection of MDOs.

3. Mining Engineer 1 B.Tech Mining/Mining Engineer from reputed Institutes like ISM, Dhanbad or IITs or NITs

Should have experience of more than 5 years in the mining sector, and should have been part of the team in advising the eligible assignment in the mining sector.

4. Geologist 1 M.Sc (Geology) from a recognized university

Should have experience of more 5 years in the mining sector, and should have been part of the MDO selection process.

5. Financial Experts

1 Chartered or Cost Accountant/MBA (Finance) from reputed institution

Should have at least 10 years’ experience in the infrastructure/power/mining sector and in advising companies in financial analysis/ modeling and bid evaluation.

6. Legal Expert (can be an independent expert, forming a part of the proposed engagement team)

1 LLB from recognized University

Should have at least 10 years’ experience in advising on bid documents, PPP andcompetitive bidding process, bid process management and bid evaluation, selection of developers/ concessionaires/ MDOs under a PPP framework.

The Bidder should fulfill the above technical and financial qualifications on its own and not in association or consortium with any other person or entity. The bidder is also expected to have the eligible resources as detailed in the preceding table, on its full time roll, apart from the Legal Expert and the Geologist. The Bidder can associate with eligible individual / firms for the position of the Legal Expert only and Geologist only.

Signature of the Bidder With Date & Seal8




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3.2.: EVALUATION FRAMEWORK:

A) Technical Proposal

Technical proposals will be evaluated on the following basis:

S.N0. Qualifying Criteria Maximum Marks

1. Bidder who has successfully completed the Transaction Advisory services (End to End Services) in selection of Developer for a mine.

Maximum Marks 40

For 1 completed eligible project. 15

For 2 completed eligible projects. 25

For 3 or more completed eligible projects. 30

2. Bidder who has advised Government company on Transaction Advisory for selection of mine developer for non-coal major mineral preferably Iron ore

Maximum Marks 10

For any non-major mineral 7

For Iron ore 3

3. Proposed team (As specified in the bid document) 30

4. *Consultants Approach and Methodology for the engagement 30

* Bidder is required to make a presentation before the committee of CMDC on approach and

methodology for engagement after completion of pre-qualification.

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Note :- 1. Marking for proposed team at S.No.-3 in the above table will be as under : -

Sl. No.


Minimum no. of

Professionals

Qualification Experience Marks

1. Team Leader

1 Engineer with a post

graduate

qualification from

reputed

institutions

At least 1o years of experience in Mining sector in the area of PPP advisory, involving Bid Process Management, Bid Evaluation and design of PPP Frameworks in Mining Sector, should have experience in the subject of developer/operators for selection of MDOs for mining projects

10



Should have experience of more than 5 years in the mining sector, and should have been part of the team in advising the eligible assignments in the mining sector. in the areas of MDO selection and should have been involved in at least one assignments for selection of MDOs.

05

3. Mining Engineer



03


Should have experience of more 5 years in the mining sector, and should have been part of the MDO selection process.

03

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Sl. No.


Minimum no. of

Professionals




Should have at least 10 years’ experience in the infrastructure/power/ mining sector and in advising companies in financial analysis/ modeling and bid evaluation.

05



Should have at least 10 years’ experience in advising on bid documents, PPP and competitive bidding process, bid process management and bid evaluation, selection of developers/ concessionaires/ MDOs under a PPP framework.

04

2. For evaluation of the "Consultants Approach and Methodology" for the engagement : The bidder is required to make a presentation before the committee of CMDC on Approach and Methodology for the engagement after completion of the prequalification.

3. Only those bidders who obtain a minimum of 60 marks as per criteria laid down in the preceding table shall be short listed and eligible for the opening of their price bid. The Bid committee shall evaluate the proposal on the basis of weightage indicated above.

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B) Financial Proposal

The lowest financial proposal (Fm) will be given a financial score (Sf) of 100 points. The financial Score (Sf) of the financial proposals of the other bidders will be computed as per formula below:

Sf = 100 x Fm / F,

In which Sf is the financial score, Fm is the lowest price and F is the price of the proposal under consideration.

3.3 . : Quality and cost based selection (QCBS)

The weightage given to the technical and financial proposals of each bidder are 0.70 (denoted as “ T ”) and 0.30 (denoted as “P”) respectively.

Proposals will be ranked according to their combined technical (St) and financial (Sf) scores, using the weightage (T = the weightage given to the technical proposals, P = the weightage given to the financial proposals and T+P = 1)

The combined technical and financial score (denoted as “S”) shall be computed as per the following formula;

S = St x T% + Sf x P%

The successful firm would be the one achieving the highest combined technical and financial score (S).


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CHAPTER-4

(ROLE AND RESPONSIBILITIES OF CMDC AND TRANSACTION ADVISOR)

4.1.: OBLIGATION OF CMDC :-

CMDC will provide the following :-

1. Geological Report (GR) of the Iron Ore. 2. All data/ information pertaining to Iron Ore Mine as available with CMDC. 3. All other requisite data/information as requested by the firm after site visit and discussion, if available. 4. CMDC will publish the press notification of Notice Inviting Bid in news papers and its website and

CMDC shall bear cost towards advertisement in newspapers.

4.2.: OBLIGATIONS OF TRANSACTION ADVISOR

a. Transaction advisor shall submit the complete bar chart for work including time schedule of various activities related to selection of MDO for the Aridongri and Kabirdham Iron Ore Project Iron Ore Mine.

b. Transaction Advisor has to submit a report within 20 days from the date of issue of work order/agreement on approach on business model and MDO selection for development of Aridongri Iron Ore Mine by MDO and its capabilities assessment methodology to be adopted for selection of the potential MDO.

c. Transaction Advisor has to prepare the business model in the Bid document based on mining plan/development plan of the Aridongri Mine.

d. Transaction Advisor has to prepare final Bid document in consultation with CMDC.

e. Transaction Advisor must ensure that the short listing and scanning the profile of all possible reputed firms in India and seeking proposals from the parties in a diligent &transparent manner and provide his recommendation to CMDC and CMDC decision is final thereof.

f. Based on the offers received for MDO, Transaction Advisor has to submit detailed report and recommendations on Techno-commercial and Price Bid to CMDC after evaluation of the offers of participant Bidders.

g. Transaction Advisor has to assist CMDC during negotiation with successful Bidder and signing of contract/issue of work order.

h. Transaction Advisor or any of their affiliates will not be hired for any assignment, which by its nature may be in conflict with another assignment of the consultant. The TA has to give a suitable undertaking in the format attached as 'Annexure-H' to this Bid document to that effect.

i. Transaction Advisor will be disqualified from participating in the Bidding for selection of MDO either as an individual Bidder or in consortium with other parties.


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j. Time schedule for preparation & Submission of Bid documents and Selection of MDO is as given below:

S.No. Description Time Schedule for Different Activities

1. Preparation & Submission of Draft Structure of Bid documents for MDO Selection

1 Months from the date of i s s u e o f w o r k o r d e r / agreement

2. Comments of the Draft Structure of Bid documents by CMDC

15 days from the date of receipt of the draft structure.

3. Submission of Final Draft Structure of Bid Documents to CMDC Board for Approval

15 days from the date of receipt of CMDC’s comments.

4. Press Notification of Bid Documents 1 Month from the date of receipt of final bid documentfrom the consultant.

5. Selection and Appointment of MDO i.e. upto the stage of signing of agreement between CMDC and MDO

2 Months from the date of press notification of Bid.


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CHAPTER – 5 BID TERMS AND CONDITIONS

5.1.: General Terms and Conditions

i. CMDC reserves its right to issue addenda / Corrigenda to the Bid document prior to opening of Bids. Each Bidder shall acknowledge receipt of the same and attach a copy of addendum / corrigendum along with the Bid after signing and stamping on each page. All addenda / corrigenda shall form part of the Bid document.

ii. Only authorized representative of the Bidders shall be allowed to attend the Bid opening. iii. CMDC reserves the right to accept or reject any or all the Bids in whole or part, or to reject the Bid

with or without assigning any reasons. Such decisions taken by CMDC shall bear no liability whatsoever consequent upon such decisions.

iv. All rates shall be quoted in ink only. Rates shall be indicated in figures as well as in words. In case of any discrepancy between the rates in figures and words, the rates in words will prevail.

v. The Bidders must sign all pages of the Bid document and should also initial all corrections in his document as regards rates, completion period etc. Noncompliance shall result in liability for rejection of the Bid.

vi. The performance of the Transaction Advisor will be reviewed by the authorities of CMDC Ltd from time to time and if found un-satisfactory, the contract shall be terminated at any time and CONTRACT PERFORMANCE GUARANTEE shall be liable to be forfeited.

vii. Bidders shall submit a copy of valid Provident Fund code number duly allotted by any Regional Provident Fund Commissioner. The payment on account of the work executed by the Bidders shall be released only on submission of valid PF code number.

viii. The TA should have clean and highest standards of professional integrity and ethics and such TA found under scanner for any misdeeds or under any investigation for misdeeds will be summarily disqualified.

ix. The bidders shall submit certified copy of income tax returns for the last three financial years, i.e., 2012-13, 2013-14 and 2014-15.

5.2.: LIQUIDATED DAMAGES FOR DELAY IN COMPLETION:

i. Time is the essence of the contract. It shall be responsibility of the Transaction Advisor (i.e. the successful Bidder to whom the contract is awarded) to complete the work within the stipulated period of completion.

ii. In case the successful Bidders fails to complete the work successfully within the period, (for reasons attributable to it), the bidder shall be liable to pay to the CMDC, as liquidated damages and not as a penalty, a sum at the rate of 1 % (One percent) of the total contract value of the work (as awarded) for every week or part thereof which shall be elapsed between the scheduled time of completion of work and the actual date of completion of work. The total amount of such liquidated damages for delay to be paid under this condition shall not exceed 10% (Ten percent) of the total contract value, as awarded.


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iii. The CMDC may, without prejudice to any other method of recovery, deduct the amount of such damages from any money which is due or which may become due to the Transaction Advisor under the contract or from any other contract between the Transaction Advisor and the CMDC. The deductions of such damages shall not relieve the Transaction Advisor of its obligation to complete the works and demonstrate the performance or any of its other obligations and liabilities under the contract.

iv. Even, the CMDC shall be free to cancel the contract and get the same executed through any other TA or agencies at the risk and cost of the Transaction Advisor (i.e. the successful Bidder to whom the contract is awarded). In the event of such action being taken, the Transaction Advisor shall be liable to Pay for any Loss that the CMDC may sustain but he will not be entitled to any gain made by the CMDC on account of such default of the Transaction Advisor. The manner and method of taking such action shall be at the entire discretion of the CMDC whose decision in the matter shall be final and binding. This right shall be without breach/prejudice to the other rights of the CMDC to recover damages for any other breach of the contract by the Transaction Advisor.

v. TERMINATION:

a. Termination of Contract :- If, for any reason whatsoever, CMDC is unable or unwilling to proceed with the aforesaid works with the Transaction Advisor without any fault of the Transaction Advisor, then CMDC shall be entitled to cancel this contract upon giving to the Transaction Advisor one months prior notice in writing on that behalf. In such an event, CMDC shall pay to the Transaction Advisor, payment in terms of the payment terms as at chepter-8 of the Bid document due to them up to the date of expiry of the period of notice for the actual quantum of work executed by the Transaction Advisor till such period and any liabilities incurred by the Transaction Advisor for due performance of their obligations under this contract up to the date of expiry of the notice. Subject to the above, CMDC shall be absolved, in the event of cancellation of contract, from liability to pay the balance sum or sum which otherwise become payable by the CMDC to the Transaction Advisor under the terms of Contract.

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b. The termination of contract shall not prejudice or affect the rights or liabilities of the parties accrued or incurred up to the date of such termination.

c. In case of delays on the part of the Transaction Advisor in the execution of the works in their scope, affecting the project schedule, CMDC reserves the right to withdraw that part of the work which is delayed, after giving notice of 30 days in writing to the Transaction Advisor to fulfill that task, failing which they can get the same done by some other agency at the “risk and cost” of the Transaction Advisor (i.e. the successful bidder to whom the contract is awarded) without prejudice to any other rights and remedies available to CMDC under Contract.

The above expression “risk and cost” shall include and cover the direct cost incurred in getting such work done through other agency and does not cover the consequential losses or damages, if any, suffered by CMDC.

vi. EXTENSION OF THE AGREEMENT/WORK ORDER:

Due to any reason if the Bidding Process for selection of MDO for the development of the Project is annulled at any stage due to any reason whatsoever and/or decided to restart the bidding process for the selection of MDO for the development of Aridongri and Kabirdham Iron Ore Project, then this Agreement/Work Order may be extended further on mutually agreed terms and conditions.


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5.3.: SETTLEMENT OF DISPUTES AND PROVISION ARBITRATION:

In the event of any dispute such matter or matters giving rise to dispute shall be resolved as outlined in Para(s) below :-

(i) In the event of any dispute, controversy of claim between the parties arising out of the breach, termination or invalidity thereof, the parties shall use their best endeavors to resolve the matter amicably. If the parties are unable to resolve the dispute amicably within thirty (30) days of one party notifying in writing of the existence of the dispute, controversy or claim, either party may serve formal written notice on the other that a material dispute has arisen. If the parties are unable to resolve the dispute within seven (7) days of receipt of such notice, the dispute shall be referred to the managing director of CMDC for discussion and solution.

(ii) If the aforesaid officials fail to produce a solution within thirty (30) days of reference to them, matter shall be referred to the arbitration for settlement under Arbitration and Conciliation Act 1966. Arbitrator shall be nominated by the Managing Director of the CMDC whose decision shall be final and binding on both the parties. Venue of Arbitrator will be at Raipur. The cost of Arbitration shall be shared by both the parties equally.

(iii) During the pendency of arbitration no party shall go to the court.

(iv) The jurisdiction of court shall be at Raipur for any legal matters.

5.4. FORCE MAJEURE:

If, at any time, during the pendency of the contract, the performance in whole or in part, by either party is prevented or delayed by war, strike, riot, crime or due to any act of God such as hurricane, flooding, earthquake, volcanic eruption beyond the control of both the parties such as war, strike, insurrection, riot, earthquake, storm, flood, fire which are beyond the control of either party (hereinafter referred to as 'eventualities') then provided notice of the happening of any such eventuality is given by either party to the other within 15 days from the date of occurrence thereof, neither party shall by reason of such eventuality be entitled to terminate this contract nor shall either party have any claim for damages against the other in respect of such non-performance or delay in performance and work under this contract shall be resumed as soon as practicable after such eventuality has come to an end or ceased to exist and the decision of the CMDC as to when the work has to be resumed shall be final and conclusive. The time of completion shall then be extended by a period equal to the period during which the eventuality was prevailing. In case of persisting delay of more than three months both the parties may consult each other and arrive at an appropriate decision regarding continuation or otherwise of the contract.


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5.5. TERM AND TERMINATION:

. Term :- The contract shall be valid for a period of 11 month from the effective date unless terminated earlier pursuant to the Article Force Majeure and Article Termination or extended on the mutually agreed terms and conditions by the parties hereto for a further agreed period.

. Termination of Contract :- if, for any reason whatsoever, CMDC is unable or unwilling to proceed with the aforesaid works with the Transaction advisor without any fault of the Transaction Advisor then CMDC shall be entitled to cancel this contract upon giving to the Transaction Advisor one month prior notice in writing on that behalf. In such an event, CMDC shall pay to the Transaction Advisor, payment in terms of the payment terms as at Chapter -8 of Conditions of Contract due to them up to the date of expiry of the period of notice for the actual quantum of work executed by the Transaction Advisor till such period and any liabilities incurred by the Transaction Advisor for due performance of their obligations under this contract up to the date of expiry of the notice. Subject to the above, CMDC shall be absolved, in the event of the cancellation of the contract, from liability to pay the balance sum which would otherwise become payable by the CMDC to the Transaction Advisor under the terms of Contract.

. CMDC will terminate the Contract in case the Transaction Advisor develops conflict of interest as mentioned in clause 10.4 of Chapter 10 and in such an event, the contract will be automatically get terminated and the TA shall have to make good the Cost incurred by CMDC on the transaction along with the fee paid to the TA.

. The termination of contract shall not prejudice or affect the rights or liabilities of the parties accrued or incurred up to the date of such termination.

. In case of delay on the part of the Transaction Advisor in the execution of the works in their scope, affecting the project schedule, for reasons solely attributable to the Transaction Advisor, CMDC reserves the right to withdraw that part of the work which is delayed, after giving notice of 30 days in writing to the Transaction Advisor to fulfill that CMDC task, failing which they can get the same done by some other agency at the “risk and cost” of the Transaction Advisor (i.e. the successful Bidder to whom the contract is awarded) without prejudice to any other rights and remedies available to CMDC under the Contract.

. The above expression “risk and cost” shall include and cover the over and above the contract clause, direct cost incurred in getting such work done through other agency and does not cover the consequential losses or damages, if any, suffered by CMDC.


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5.6. CONFIDENTIALITY:

. The successful Bidder shall maintain strict confidentiality of all documents, record notes of discussion, drawings, designs and other technical information supplied to them by CMDC or prepared by them in respect of the works under this contract and shall not pass on any information to any other agencies/organizations without the written permission of the CMDC.

. The successful Bidder shall also take necessary step to ensure that all persons employed on any work in connection with this assignment have noticed that the Indian Official Secret Act 1923 (XIX of 1923) applies to them and shall continue even after the execution of such work(s) under the contract.

. After completion of works, Transaction Advisor should return all relevant documents to CMDC.

5.7. SUBLETTING OR TRANSFER OF CONTRACT:

Neither party shall sublet, assign or otherwise transfer its rights or obligations under contract or any part of the same to any party without the previous written consent of the other party except as permitted in the Scope and this RFP.

5.8. INDEMNIFICATION:

The TA assumes responsibility for and shall indemnify and save harmless the CMDC from all liability, claims, costs, expenses, taxes and assessments including penalties, punitive damages, attorney’s fees and court cost which are, or may be required with respect to any breach of the TA’s obligations under the contract, or for which the TA has assumed responsibility under the contract, including those imposed under any contract, local or national laws, or in respect of all salaries, wages or other compensation of all persons employed by the TA in connection with performance of any work covered by the contract. The TA shall execute and deliver such other further instruments and to comply with all the requirements of such laws and regulations as may be necessary there under to confirm and effectuate the contract and to protect the CMDC. The CMDC shall not be in any way held responsible for any accident or damages incurred or claims arising there from during discharge of the obligations by the Consultant under this contract.

Terms of Reference (TOR)

1. CMDC / Employer/Officer-in-Charge shall mean CMDC Limited.

2. Contractor shall mean the successful Bidder to whom the contract is awarded (i.e. Transaction Advisor).

3. TA shall mean transaction advisor.

4. MDO shall me Mine Developer come Operator


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CHAPTER 6

MANNER OF PREPARATION AND SUBMISSION OF BID DOCUMENTS

6.1. EXAMINATION:-

. The Bidder shall carefully examine the Bid documents including all Amendments/ Addenda/Corrigenda, if any issued, and other details such as scope of work, payment terms and other terms & conditions and acquaint himself fully with all the conditions and matters therein, which may, in any way, affect his work and the cost thereof.

. The Bidder shall be deemed to have obtained all information as to risks, contagious, responsibilities and other circumstances which might influence or affect his Bid and the progress and performance of the contract and have taken into account all such conditions and matters that may affect his work and cost thereof.

. The Bidder shall be deemed to have visited the sites and its surroundings and have carefully examined and have satisfied himself about the existing site conditions, availability of local facilities, means of transport, etc., and have quoted his rates, taking into consideration all such conditions and matters, which may, in any way, affect his work and the cost thereof.

. Any neglect or omission or failure on the part of the Bidder in obtaining necessary and reliable information upon the foregoing or any other matter affecting the Bid shall not absolve him of any risk or liabilities or responsibilities for completion of the entire work in accordance with the terms and conditions of Bid Document.

. Bidders desirous of making a site visit before submitting their Bid may do so at their own responsibility, risk and cost.

6.2. SIGNATURE:-

Each and every page of the Bid proposal including the original Bid document provided by CMDC Ltd shall be signed by the Authorized Representative of the Bidder with his usual signature followed by name and designation of the person so signing bids of the Company shall be signed, on behalf of the Company, by a person authorized to do so.

6.3. ALL CORRECTIONS TO BE ATTESTED:-

The rates quoted by the Bidder shall be free from corrections/ cutting and over writing. Corrections, if any, shall be attested by the person signing the Bidder. Bids containing overwriting, erased rate(s) or corrections without attestation shall be liable for rejection. Bidders quoting rates on items different from those prescribed in the price Schedule shall also be liable for rejection.


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6.4. BRIEF DESCRIPTION OF THE SELECTION PROCESS AND MANNER OF PREPARATION OF BID DOCUMENT:-

I. BRIEF DESCRIPTION OF SELECTION PROCESS:-

Two stages selection process will be adopted in evaluating the Proposals. In the first stage, a technical evaluation will be carried out. Based on this technical evaluation, technical marks (T) will be allotted. Only those applicants will be short-listed who has scored a minimum of 60 marks out of 100. In the second stage, a financial evaluation of the technically qualified short listed applicants will be carried out and their financial scores will be allotted. Proposals will finally be ranked according to their combined technical and financial scores based on weightage average technique. The formula for calculating combined score (S) will be as follows :-

The weightage given to the technical and financial proposals of each bidder are 0.70 (denoted as T) and 0.30 (denoted as P) respectively.

Proposals will be ranked according to their combined technical (St) and financial (Sf) scores, using the weightage (T = the weightage given to the technical proposals, P = the weightage given to the financial proposals and T+P = 1)

The combined technical and financial score (denoted as S) shall be computed as per the following formula;

S = St x T% + Sf x P%

The successful firm would be the one achieving the highest combined technical and financial score (S).

Interested bidders bidding for this Bid should not have any pending litigation or ongoing dispute either with the State Govt. of Chhattisgarh, or CMDC or with any other State Government entity.

II. MANNER OF PREPARATION OF BID DOCUMENT:-

The Bid proposal shall be made in TWO PARTS i.e., PART-I and PART-II shall contain the ‘Techno-Commercial Bid' and PART-II shall contain the ‘Price Bid', which shall be prepared in the manner described below :-

PART-I: Techno-Commercial Bid:The following documents duly filled in and signed by the Bidder shall be submitted as PART-I of the Bid Proposal:

i. Full information about the Bidder along with profile of organization as per details shown in enclosed. Annexure: A.

ii. The Bidder shall submit the documentary evidence in support of all the Pre-Qualification requirements. Annexure: B (for completed work).

iii. Composition of team personnel and the task which would be assigned to each team member for this project should be attached as per Annexure: F.

iv. CV of professionals proposed to be engaged as per Annexure: G.(G1-G6) v. Letter of Undertaking shall be submitted in the prescribed Performa as per Annexure: C. vi. The receipt for having paid for purchase of Bid document shall be enclosed.

vii. Bank Draft/Bankers Cheque /Bank Guarantee for payment of EMD.


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viii. The Bidder shall indicate rate of service Tax & Education cess considered by him. ix. Amendments / corrigenda / Addenda etc. for the work, if any, issued by CMDC Ltd, duly signed, by the

Bidder. x. Interpretations / Clarifications on this Bid document, if any, issued by CMDC Ltd, duly signed by the

Bidder. xi. Audited Profit and Loss Account and Balance sheet for the last three financial years i.e. 2012-13, 2013-14

and 2014-15 are to be enclosed along with offer with the declaration of annual turnover for the above years.

xii. Copy of the Service Tax registration number of the firm. xiii. Copy of Permanent Account Number (PAN) issued by IT department. xiv. Time schedule for completion of work. (Activity-wise bar chart for selection of MDO for Aridongri and

Kabirdham Iron Ore Project. xv. The Bid document issued by CMDC Ltd, duly signed by the Bidder as a token of unconditional

acceptance. xvi. Bidder shall submit a copy of valid Provident Fund code number duly allotted by any Regional Provident

Fund Commissioner. The payment on account of the work executed by the Bidder shall be released only on submission of valid PF code number.

xvii. Declaration by the Bidder in his letter head that firm is not blacklisted by any PSU/Govt. body. xviii. Power of Attorney of the signatory of the Bidder in original or duly attested by a Notary Public on a non-

judicial stamp paper of value not less than 50/-. xix. The bidder shall submit Income Tax returns for the last three financial years i.e.,2012-13, 2013-14 and

2014-15. xx. The bidder shall submit the Performa Bank Guarantee for contract performances per Annexure – E xxi. Bidder has to attach Demand draft/Banker Cheque as Processing fees 25,000/-(Rs. Twenty Five

Thousand only) in favour of CMDC payable at any Nationalized/Scheduled Bank at Raipur (Non- refundable).

xxii. Declaration by the bidder that no CMDC employee or his/her relative(s) is/are partners/directors with the company as per Annexure-C.

xxiii. D.D./Bookers of cheque of the E.M.D. amount i.e. Rs. 5.00 lac. xxiv. Any other information, the Bidder desires to furnish in connection with this Bid.





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PART II: Price Bid: The format for price Bid Performa duly filled-in and Signed by the Bidder shall be submitted as PART-II of the Bid document.

6.5. I. PROCEDURE FOR SUBMISSION OF BID:-

For submission of Bid the following procedure shall be adopted by the Bider. The sealed envelopes shall be submitted as follows :-

ENVELOPE NO. I (To be superscribed‘EARNEST MONEY DEPOSIT’) The Bidder is required to submit the EMD of Rs. 5, 00,000/- (Rs. Five lakh only) along with the bid documents in the form of a crossed bank demand draft (or Bankers cheque in case of local parties), in favor of CMDC Ltd., payable at Raipur from any nationalized / scheduled commercial bank or in the form of Bank Guarantee as per Annexure-D.

ENVELOPE NO. II (To be super scribed ‘TECHNO AND UNPRICED COMMERCIAL BID’)

All the documents mentioned above (except EMD) shall be prepared in two copies (i.e. one in original plus one photocopy thereof) placed in one sealed cover which shall be superscripted at the top left with "PART-I -"Techno-commercial Bid", Bid number, date of opening of PART-I of the Bid, and at the bottom left with the name and the postal address of the Bidder. The Bidder shall ensure that all the pages of all the documents are signed in the manner prescribed in clause no 6.2.

ENVELOPE NO.III (To be superscribed‘PRICED COMMERCIAL BID’).

The price Bid shall be placed in another sealed cover which shall be Superscripted at top left with "PART-II - Price Bid", Bid number and date of opening of PART-I of the Bid and at the bottom left with the name and the postal address of the Bidder. The Bidder shall ensure that all the pages of all the documents are signed in the manner prescribed in clause no: 6.2.

II. All the three envelopes containing EMD, PART-I and PART-II of the Bid proposal shall be placed together in a fourth sealed cover and superscripted with the name of work, Bid number, date of opening of PART-I of the Bid, and the name and address of the officer to whom the Bid is to be addressed.


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III. CMDC's RIGHT TO REJECT BID:

CMDC reserves the right to reject any or all Bids received at any stage without assigning any reason

thereof and the Bidder shall not be entitled to any costs, charges or expenses in this regard.

Bid shall be rejected:-

i. In case Bid is not received within the stipulated time and date as indicated above.

ii. If the Bid is not accompanied with the requisite Bid fee, earnest money deposit,

processing fee, requisite documents and schedules.

iii. If proposal is not a firm proposal.

iv. If Bid/proposals is not on the prescribed lines, form and pattern described in the Bid

document.

v. If a material misrepresentation is made or discovered.

vi. If the Bidder does not respond to the CMDC asking for supplementary information

required for the evaluation of proposal with in the given time period.

vii. If it is found that the rate quoted by the Bidder is unusually high or unusually low, unless

CMDC is convinced about the reasonableness of the rate on analysis of such rate.

viii. If canvassing is found in connection with Bids and/or with uncalled for remarks.

ix. If the offer is accompanied with any modification(s) and/or special condition(s).

x. If the proposal is found with erasing action or overwriting unless the corrections and/or

alterations are not accompanied with initials and attestations of the authorized person(s).


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CHAPTER – 7 OTHER GENERAL CONDITIONS

7.1 Other Mandatory Requirements

The following is required to be submitted in Part-I of Bid. If the following documents are not found on opening of Part-I (i.e. Techno-commercial Bid) and Part-II ( i.e. Price Bid) in separate sealed envelope as described in subsequent clauses of this Bid document, such a Bidder will be considered as non-responsive and summarily rejected.

i. Earnest Money Deposit: The Bidder should submit Earnest Money Deposit (EMD) of Rs. 5,00,000/- (Rupees Five lakhs only) along with part-I of the Bid document.

ii. The Bidder is required to submit EMD of Rs. 5,00,000/- along with the Bid documents in the form of a crossed Bank Demand Draft (or Banker's Cheque in case of local parties), in favour of CMDC Limited payable at Raipur from any Nationalized Bank/scheduled commercial bank or in form of Bank Guarantee as per Annexure-D.

iii. Any other form of payments like cheque (i.e. other than banker's cheque in case of local parties), Money order, postal order, fixed deposit, Cash Deposit Receipt etc. are not acceptable toward EMD. The EMD Deposited will not carry any interest. Bids received without EMD shall be considered nonresponsive and will be rejected.

7.2Purchase of Bid Document/Downloading of Bid document:

(a) The Bid forms will be available for sale from .06.2015 to 01.07.2015 during office working hours on any working day and the offers will be received till .07.2015 (up to 3:00 P.M.) and Part-I of the Bid will be opened on the same day at 4.00 P.M..

(b) Bid form can be obtained from the Corporation's Head office at 2nd floor, SonakhanBhawan, Ring Road-1, Purena, Raipur on payment of Rs. 25,000/- (Non refundable) by D.D. or Bankers Cheque drawn in favour of CMDC Limited, payable at Raipur.

However, the interested parties will have liberty to download the Bid document from the CMDC'S/ Govt. of Chhattisgarh's websites but in such cases the bidders has to submit a D.D. of Rs. 25,000/- as a cost of Bid document along with the proposal/Bid submitted. The Proposal submitted without the cost of Bid document will be rejected out rightly.

(c) Chhattisgarh Mineral Development Corporation Ltd. reserves right to accept or reject any Bid or part and/or accept other than the lowest quotation without assigning any reason at any stage in the paramount interest of the Corporation. The Bidder shall have no claim in this regard whatsoever.

(d) The Bid documents are being issued in two copies to enable the Bidder to submit one copy of the Bid documents duly signed on all pages along with seal as token of unconditional acceptance of the same.


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(e) The cost of Bid document as specified above has to be submitted in the form of demand draft from Indian Nationalized Bank/ Scheduled Commercial Bank. Receipt of purchase of the bid document is to be submitted with Part-I of the Bid Documents. The Bid will be accepted only if the demand draft submitted is found acceptable to CMDC. Bids shall be summarily reject if the stipulated cost of Bid document is not paid as specified above.

(f) The bidders are required to quote the rate strictly as per the terms & conditions mentioned in the Bid documents. The conditional Bid/Bid will not be entertained and shall be liable for outright rejection.

7.3. LANGUAGE OF THE BID:-

All information in the Bid shall be in English. Information in any other language shall be accompanied by its translation in English language. Copy of all documents in English language shall govern.

7.4. BID DISCUSSIONS:-

During the processing / evaluation of the Bid proposals, the Bidder may be required to attend the CMDC office for discussions/clarifications at their own cost.

7.5. EFFECTIVE DATE OF CONTRACT:-

The date of issue of work order shall be the effective date of contract & time period for completion shall be counted from this date.

7.6. FEE AND CHARGES:-

i. The Bidder is expected to quote lump sum amount for fee for the entire scope of work including tours & travel charges. However, all statutory taxes & duties (including service tax) will be reimbursed by CMDC on actual basis at the prevailing rates at the time of payment by CMDC as per Price Schedule Format (Part-II of Bid document)

ii. The fee quoted by the Bidder shall be inclusive of all materials, tools, equipments, labor, tackles, implements, duties, levies, taxes including service tax, travelling and incidental expenses and all other costs that the consultant may have to incur in connection with his undertaking and executing the work. No extra charges consequent upon any misunderstanding or otherwise shall be paid by CMDC.


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7.7. TAXES AND DUTIES:-

(a) Service tax and Education Cess as applicable will be the quoted as per price format. (Bidder shall indicate the

amount and % rate of service Tax & Education Cess as considered in the quoted price as per the format of

Price Schedule, in their price-Bid)

(b) Service tax and Education Cess shall be reimbursed at applicable rates based on supporting documentary

evidence.

(c) All other taxes and duties if any are to be included in the quoted lump sum fee.

(d) Any new taxes levied by the Government and statutory increases on the Service Tax and Education Cess

during the tenure of the contract will be reimbursed by the CMDC on submission of relevant documentary

evidence. However, any reduction in Service tax & Education Cess, the benefit shall be passed on to the

CMDC.

(e) Applicable taxes will be deducted at sources as per statutory requirements. A certificate of TDS will be

provided to the Transaction Advisor for the deducted amount.

7.8 . CONTRACT PERFORMANCE GUARANTEE:-

i. The successful bidder is required to submit CONTRACT PERFORMANCE GUARANTEE in the form of

Bank Guarantee (B.G.) of 10% of the contract value on or before the time of execution of agreement. The

Format for B.G. is enclosed at Annexure-D

ii. Failure of the successful Bidder to comply with the above requirements of submission of CONTRACT

PERFORMANCE GUARANTEE shall constitute sufficient grounds for cancellation of the award of work

and forfeiture of the EMD.

iii. No interest shall be payable by the CMDC on the CONTRACT PERFORMANCE GUARANTEE.

iv. REFUND OF CONTRACT PERFORMANCE GUARANTEE:- The CONTRACT PERFORMANCE

GUARANTEE shall be returned back to the Transaction Advisor on demand, after the expiry of the defects

liability period or on payment of the amount of the final bill payable in accordance with relevant clause of

these conditions, whichever is later, provided CMDC is satisfied that there is no demand outstanding against

the Transaction Advisor.


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7.9. BID SCHEDULE :-

i. Last Date for Issue of Bid Documents: .07.2015

ii. Last Date for Submission of Bid Proposal : 07.2015 upto 03:00 PM

iii. Date and Venue of Opening of Technical Proposal:- The Part-I (Techno Commercial

Bid) Bids will be opened on the same day at 4.00 PM. Bidders may depute their authorized representative at

the time of Bid opening if they so desire. The representative should carry proper authorization letter to

witness the Bid opening. Venue of opening of Technical Proposal will be at Chhattisgarh Mineral

Development Corporation Ltd., SonakhanBhawan, Ring Road-1, Purena, Raipur (C.G.) 492006.

iv. Date and Venue of Technical Marks Announcement and Opening of the Financial

Proposals: The date and time for opening of part-II (Price Bid) of the Bid of the qualified bidder will be

intimated separately. Venue of announcement of Technical marks and Opening of the Financial Proposal

will be at Chhattisgarh Mineral Development Corporation Ltd., SonakhanBhawan, Ring Road-1, Purena,

Raipur (C.G.) 492006.

Note:

Bids submitted by E-mail, TELEX / TELEGRAM / FAX will not be accepted. Bids received after the closing date and time will not be accepted. CMDC Ltd will not be responsible for

postal loss or delay.


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7.10 . VALIDITY OF BIDS :-

i. The submission of any Bid in accordance with the Bid document and specifications shall constitute an agreement that the Bidder shall have no cause of action or claim, against the CMDC for rejection of their Bid. The CMDC shall always be at liberty to reject or accept any Bid at its sole discretion and any such action will not be called into question and the Bidder shall have no claim in that regard against the CMDC.

ii. The Bid shall be kept valid initially for a period of six (6) calendar months from the date set for submission of Bids.

iii. In exceptional circumstances, prior to expiry of the original time limit, the CMDC may extend the period of validity for a specified additional period. The request will be made in writing to the Bidder. A Bidder may refuse the request without forfeiting his Bid security. A Bidder agreeing to the request will not be required or permitted to modify his Bid, but will be required to extend the validity of his offer and Bid security suitably as per relevant provisions.

7.11 . Brief description of the Selection Process :- Two stages selection process will be adopted in evaluating the Proposals. In the first stage, a technical evaluation will be carried out. Based on this technical evaluation, a list of short-listed applicants shall be prepared. In the second stage, a financial evaluation will be carried out. Proposals will finally be ranked according to their combined technical and financial scores. The first ranked Applicant shall be the successful bidder. Second ranked Applicant will be kept in reserve.

i. Part-I of Bids will be opened as per the details given in Bids:- On the due date and appointed time as specified in Bid Document, the CMDC will first open envelopes-Part-I (original) of all Bids received (except those received late) including modifications made pursuant to Clause7.12 of chapter 7 below (Modification and Withdrawal) in presence of the Bidders or their authorized representatives who choose to attend as per procedure indicated in Bid/Bid Document. If the Bid is not accompanies with proper acceptable EMD, the balance Envelopes will not be opened. Envelope-II will be opened after EMD is found acceptable. Bids for which an acceptable notice of withdrawal has been submitted pursuant to Clause 7.12 of chapter 7 below (Modification and Withdrawal) shall not be opened.

After the technical evaluation, CMDC would prepare a list of pre-qualified Applicants and Firms securing a minimum of 60 marks shall be considered technically responsive. Such firms shall be declared eligible for opening of their Financial Proposals. A date, time and venue will be notified to all Applicants for announcing the result of evaluation and opening of Financial Proposals.



(A Govt. of Chhattisgarh Undertaking)

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ii. PART-II (ENVELOPE-III)-PRICE BID OPENING:- Before opening of the Financial Proposals, thelist of pre-qualified Applicants along with their Technical Score will be read out. The opening of Financial Proposals shall be done in presence of respective representatives of Applicants who choose to be present Bidder[s name, Bid price, the total amount quoted by each Bidder would be announced by the CMDC at the time of opening of Price Bid.

iii. Price Bid evaluation shall be based on the evaluated lump-sum fee as per the Price Schedule subject to correction of errors as per Bid stipulations. In case of any statutory variation in the % rate of Service Taxes and Education Cess, from the prevailing rate of 12.36% (which is prevailing as of February 2014), Base Date will be taken as the final due date of Bid submission and % rate of Service Taxes and Education Cess will be considered accordingly to arrive at the evaluated lump-sum price. All other stipulation in this regard shall be as per Bid document clause on discrepancies and adjustment of errors and other relevant clauses of Bid document.

7.12 . MODIFICATION AND WITHDRAWAL:

i. Bidder may modify or withdraw their Bids after submission by giving notice in writing before the deadline prescribes in Notice Inviting Bid for submission of Bids.

ii. Each Bidder’s modification or withdrawal notice shall be prepared, sealed, marked and delivered as follows.

a) The Bidder shall provide one original plus 2(two) copies of any modifications to its Bid, clearly identified as such, in two Inner envelopes duly marked “BID MODIFICATIONS-Original” and “BID MODIFICATIONS- Copies”. The inner envelopes shall be sealed in an outer envelope, which shall be marked ”BID MODIFICATIONS”

b) The Bidder shall provide one original plus 2 (two) copies of withdrawal notice of its Bid, clearly identified as such, in two inner envelopes duly marked “BID WITHDRAWAL NOTICE-Original” and “BID WITHDRAWAL NOTICE-Copies”. The inner envelopes shall be sealed in an outer envelope, which shall be sealed in an outer envelope, which shall be duly marked “BID WITHDRAWAL NOTICE”

c) Other provisions concerning the marking and dispatch of Bid modifications or withdrawal shall be in accordance with Chapter-6-‘Manner of Submission’, of Notice Inviting Bid.

iii. No Bid may be modified or withdrawn after deadline of submission of Bid.

iv. Withdrawal or modification of a Bid between the deadline for submission of Bids and the expiration of the original period of Bid validity in clause7.10 of chapter 7 of Notice Inviting Bid may result in forfeiture of the Bid EMD pursuant to Clause7.16 of chapter 7 of Notice Inviting Bid.

v. Bids together with any modification specified under the clause shall be considered as ‘final’ Bid at the time of Opening of Bid.



492006 FAX-0771- 4001074, PHONE-0771-4283557


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FAX-0771- 4001074, PHONE-0771-4283557


vi. Bidders may only offer discounts to, or otherwise modify the prices of their Bids by submitting Bid Modifications in accordance with this clause or included in the original Bid Submission. Bids together with any modification specified under the clause shall be considered as “final” Bid at the time of opening of Bid.

7. 13. ACCEPTANCE OF BIDS

The successful Bidder shall be intimated about the acceptance of their Bid through Fax/ email/Speed post.

7.14. AGREEMENT

The successful bidder is required to execute an agreement with CMDC within 15 days from the issue of Letter of Intent (LoI). Bid documents including all enclosures and other correspondences between CMDC and the Transaction Advisor including Work Order shall also be treated as a part of the agreement between CMDC and the Transaction Advisor for this work.

7.15. REFUND OF EARNEST MONEY DEPOSIT:

i. In case the Bidder is requested to extend the validity of the offer along with extension of validity of Bid guarantee towards EMD, the CMDC may refuse the request in writing. In such a case the Bid offer will be rejected and the EMD submitted by the Bidder shall be returned within 30 days of Bidder request.

ii. The EMD of unsuccessful Bidders shall be returned within 21 days after award of work order. iii. The EMD of the successful Bidder to whom the contract is awarded will be returned after

acceptance of work order and receipt of CONTRACT PERFORMANCE GUARANTEEs specified in Bid document.

iv. In case any Bidder submits the EMD by way of Demand Draft the EMD amount will be refunded by demand Draft only.

7.16. FORFEITURE OF EMD:

i. If the successful Bidder fails to submit Contract Performance Guarantee as specified (Annexure - D) within 21 days after the date of issue of work order, then the EMD amount will be forfeited by the CMDC, without any notice or proof of damages etc.

ii. The EMD is liable to be forfeited if :- a. The Bidder modifies or withdraws his offer after due date and time for submission of Bids. b. The Bidder resale from his offer during the validity period. c. The Bidder is revoked during its validity period of the Bid. d. The Bidder increases the prices unilaterally after the opening of Bid and during the

validity period of the Bid.


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(e) The Bidder does not accept the correction of Bid price pursuant to 'Discrepancies and Adjustment of Errors', of Bid document.

(f) The successful Bidder fails to submit the BG towards the Contract Performance Guarantee before the issuance of work order.

(g) The successful Bidder does not commence the work as specified in Work order. (h) The successful Bidder does not submit the duplicate copy of Work Order issued within 15 days from

the date of issue as a token of acceptance, unless any other period has been agreed in writing.

7.17. GENERAL:

(a) Canvassing: Canvassing in connection with this Bid is strictly prohibited. Bid of the Bidder, who resorts to canvassing, shall be liable for rejection.

(b) Lowest Bidder may not be accepted: CMDC Ltd is not bound to accept the lowest or any Bidder or to assign any reason for such non-acceptance. CMDC Ltd also reserves the right to accept the Bid either in whole or in part. The CMDC Ltd decision in this regard shall be binding to the Bidder.

(c) Bid documents are not transferable: Bid documents are non-transferable and the documents sold by CMDC Ltd to an intending Bidder shall be used only by that Bidder.

(d) CMDC reserves the right to accept or reject any or all Bids without assigning any reasons thereof. CMDC also reserves the right to call for any other details and information from any of the Bidders.

7.18. RELATIONSHIP WITH EMPLOYEES OF CMDC LTD:

The Bidder shall enclose a declaration (as per Annexure-C) along with the Bid if any of the CMDC Ltd employees or his / her relatives, which term includes wife / husband, parents, grandparents, children, grand-children, brothers, , uncles, aunts, cousins and their corresponding in-laws is/are partner(s) with them.


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FAX-0771- 4001074, PHONE-0771-4283557


CHAPTER - 8

8.0. PAYMENT TERMS

Payment shall be made as per the following schedule:-

i. 25% of the contract fee shall be released after the submission of the draft Bid documents (which may include but not limited to the RFQ, RFP, draft MDO Agreement).

ii. 10% of the contract fee shall be released on acceptance of the revised bid documents by CMDC after incorporating comments and suggestions of CMDC on the drafts submitted earlier.

iii. 15% of the contract fee shall be released on acceptance of the Transaction Advisor's evaluation report of the responses of the bidders to the RFQ document.

iv. 10 % of the contract fee shall be released on submission of final RFP/MDO Agreement, after incorporating agreed submission of necessary clarifications corrigendum during this process;

v. 25% of the contract fee shall be released on acceptance by CMDC of the evaluation report of the bids in response to the RFP and price evaluation; and the balance 15% of the contract fee shall be released after issue of the Letter of Intent (LoI) to the selected MDO and signing of Mining Services Agreement.

Note: The above mentioned consultancy fee will be on firm basis and no escalation will be acceptable under any circumstances.

All the above payments shall be released within four weeks from the date of receipt of invoices with supporting documents if any, in triplicate by account payee cheque/e-payment subject to statutory deductions of taxes and duties as applicable.


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CHAPTER-9

BID SCHEDULE

ACTIVITY COMPLETION DATE/TIME

Last Date for Issue of Bid Documents:

.07.2015

Pre Bid Conference : --.07-2015 at 3.00 PM

Last Date for Submission of Bid: --.08.2015 up to 03:00 PM

Date and Venue of Opening of Technical Proposal:

The Part-I (Techno Commercial Bid) Bids will be opened on --.08.2015 at 4.00 PM. Bidders may depute their authorized representative at the time of Bid opening if they so desire. The representative should carry proper authorization letter to witness the Bid opening. Venue of opening of Technical Proposal will be at Chhattisgarh Mineral Development Corporation Ltd., SonakhanBhawan, Ring Road-1, Purena, Raipur (C.G.) 492006.

Date and Venue of

Technical Marks Announcement and

Opening of the Financial Proposals:

The date and time for opening of part-II (Price Bid) of the Bid of the qualified bidder will be intimated separately. Venue of announcement of Technical marks and Opening of the Financial Proposal will be at Chhattisgarh Mineral Development Corporation Ltd., SonakhanBhawan, Ring Road-1, Purena, Raipur (C.G.) 492006.

Note:

Bids submitted by E-mail, TELEX / TELEGRAM / FAX will not be accepted.


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CHAPTER -10

OTHER TERMS & CONDITIONS

10.1. The Applicants and their respective officers, employees, agents and advisers shall observe the highest standard of ethics during the Selection Process. Notwithstanding anything to the contrary contained in this Bid, CMDC shall reject a proposal without being liable in any manner whatsoever to the applicant, if it determines that the applicant has, directly or indirectly or through an agent, engaged in corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice (collectively the Prohibited practices) in the selection process. In such an event, the CMDC shall, without prejudice to its any other rights or remedies, forfeit and appropriate the performance security, if available, as mutually agreed genuine pre-estimated compensation and damages payable to the CMDC for, inter alia, time, cost and effort of CMDC, in regard to the work, including consideration and evaluation of such applicant’s proposal.

10.2. Without prejudice to the rights of the CMDC under the rights and remedies which CMDC may have under the LoI (Letter of Intent) or the agreement, if an applicant or consultant, as the case may be, is found by CMDC to have directly or indirectly or through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice during the Selection Process, or after the issue of the LoI or the execution of the agreement, such applicant or consultant shall not be eligible to participate in any Bid or BID DOCUMENT issued by CMDC during a period of 2 (two) years from the date such applicant or consultant,(as the case may be), has been engaged by CMDC.

10.3. For the purposes of this Clause, the following terms shall have the meaning here in after respectively assigned to them:

a. Corrupt practice means:- (i)the offering, giving, receiving, or soliciting, directly or indirectly, of anything of value to influence the action of any person connected with the Selection Process (for avoidance of doubt, offering of employment to or employing or engaging in any manner whatsoever, directly or indirectly, any official of the CMDC who is or has been associated in any manner, directly or indirectly with the Selection Process or the LOI or has dealt with matters concerning the agreement or arising there from, before or after the execution thereof, at any time prior to the expiry of one year from the date such official resigns or retires from or otherwise ceases to be in the service of the CMDC, shall be deemed to constitute influencing the actions of a person connected with the Selection Process; or save as provided herein, engaging inany manner whatsoever, whether during the Selection Process or after the issue of the LOI or after the execution of the Agreement, as the case may be, any person in respect of any matter relating to the Project or the LOI or the agreement, who at any time has been or is a legal, financial or technical consultant/ adviser of the CMDC in relation to any matter concerning the Project


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b. “Fraudulent practice” means a misrepresentation or omission of facts or disclosure of incomplete facts, in order to influence the Selection Process;

c. “Coercive practice” means impairing or harming or threatening to impair or harm, directly or indirectly, any persons or property to influence any person's participation or action in the Selection Process;

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

e. “Restrictive practice” means forming a cartel or arriving at any understanding, or arrangement among applicants with the objective of restricting or manipulating full and fair competition in the Selection Process.

10.4. Conflict of Interest

10.4.1 An Applicant shall not have a conflict of interest that may affect the Selection Process or the Consultancy (the “Conflict of Interest”). Any Applicant found to have a Conflict of Interest shall be disqualified. In the event of disqualification, the Authority shall forfeit and appropriate the Performance Security, if available, as mutually agreed genuine pre-estimated compensation and damages payable to the Authority for, inter alia, the time, cost and effort of the Authority including consideration of such Applicant’s Proposal, without prejudice to any other right or remedy that may be available to the Authority hereunder or otherwise.

10.4.2 The Authority requires that the Consultant provides professional, objective, and impartial advice and at all times hold the Authority’s interests paramount, avoid conflicts with other assignments or its own interests, and act without any consideration for future work. The Consultant shall not accept or engage in any assignment that would be in conflict with its prior or current obligations to other clients, or that may place it in a position of not being able to carry out the assignment in the best interests of the Authority.

10.4.3. Without limiting the generality of the above, an Applicant shall be deemed to have a Conflict of Interest affecting the Selection Process, if:-

a. The Applicant, its Partners or Directors or Relatives or Associates or consortium member (the “Member”) or Associates (or any constituent thereof) and any other Applicant, its consortium member or Associate (or any constituent thereof) have common controlling share holders or other ownership interest; provided that this disqualification shall not applying cases where the direct or indirect shareholding or ownership interest of an Applicant, its Member or Associate (or any shareholder thereof having a shareholding of more than 5 per cent of the paid up and subscribed share capital of such Applicant, Member or Associate, as the case may be) in the other Applicant, its consortium member or Associate is less than 5% (five per cent)of the subscribed and paid up equity share capital thereof. For the purposes of

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this Clause 10.4.3(a), indirect shareholding held through one or more intermediate persons shall be computed as follows: (aa) where any intermediary is controlled by a person through management control or otherwise, the entire share holding held by such controlled intermediary in any other person (the Subject Person”) shall be taken into account for computing the shareholding of such controlling person in the Subject Person; and (bb) subject always to Sub-clause (aa) above, where a person does not exercise control over an intermediary, which has shareholding in the Subject Person, the computation of indirect shareholding of such person in the Subject Person shall be undertaken on a proportionate basis; provided, however, that no such shareholding shall be reckoned under this Sub-clause (bb) if the shareholding of such person in the intermediary is less than 26% (twenty six per cent) of the subscribed and paid-up equity shareholding of such intermediary; or

b. a constituent of such Applicant is also a constituent of another Applicant; or c. such Applicant or its Associate receives or has received any direct or indirect subsidy or grant from any

other Applicant or its Associate; or d. such Applicant has the same legal representative for purposes of this Application as any other Applicant;

or e. such Applicant has a relationship with another Applicant, directly or through common third parties, that

puts them in a position to have access to each others' information about, or to influence the Application of either or each of the other Applicant; or

f. There is a conflict among this and other consulting assignments of the Applicant (including its personnel and other members, if any) and any subsidiaries or entities Controlled by such Applicant or having common controlling shareholders. The duties of the Consultant will depend on the circumstances of each case. While providing consultancy services to the Authority for this particular assignment, the Consultant shall not take up any assignment that by its nature will result in conflict with the present assignment; or a firm which has been engaged by the Authority to provide goods or works or services for a project, and its Associates, will be disqualified from providing consulting services for the same project save and except as provided in Clause10.4.4; conversely, a firm hired to provide consulting services for the preparation or implementation of a project, and its Members or Associates, will be disqualified from subsequently providing goods or works or services related to the same project; or(h) the Applicant, its Member or Associate (or any constituent thereof), and the bidder or Concessionaire, if any, for the Project, its contractor(s) or sub-contractor(s)(or any constituent thereof) have common controlling shareholders or other ownership interest; provided that this disqualification shall not apply in cases where the direct or indirect shareholding or ownership interest of an Applicant, its Member or Associate (or any shareholder thereof having a shareholding of more than 5% (five per cent) of the paid up and subscribed share capital of such Applicant, Member or Associate, as the case may be,) in the bidder or Concessionaire, if any, or its contractor(s) or sub-contractor(s) such Concessionaire or its contractor(s) or sub-contractor(s); provided further that this disqualification shall not apply to ownership by a bank, insurance company, pension fund or a Public Financial Institution referred to in section 4A of the Companies Act,1956. For the purposes of this Sub-clause (h), indirect shareholding shall be computed in accordance with the provisions of Sub-clause (a) above. For purposes of this BID DOCUMENT, Associate means, in relation to the Applicant, a person who controls, is controlled by, or is under the common control with such Applicant, or is deemed or published as an “Associate Office”; or has a formal arrangement such as tie up for client referral or technology sharing, joint venture with the Applicant (the “Associate”); provided, however, that if the Applicant has any formal arrangement such as consortium membership in a consortium of advisers/ consultants for a particular assignment/ project, not being this project, with any other person, then such other person shall not be treated to be an Associate of the Applicant solely due to the reason of forming such consortium. As used in this definition, the expression “control” means, with respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than

38


(A Govt. of Chhattisgarh Undertaking) REGD.OFFICE: SONAKHAN BHAWAN, RING ROAD NO.1, VIL.PURAINA, P.O.

RAVIGRAM, RAIPUR (C.G.) 492006

FAX-0771- 4001074, PHONE-0771-4283557


50% (fifty per cent) of the voting shares of such person, and with respect to a person which is not a company or corporation, the power to direct the management and policies of such person by operation of law or by contract.

10.4.4 In the event that the Consultant, its Associates or affiliates are auditors or financial advisers to any of the bidders for the Project, they shall make a disclosure to the CMDC as soon as any potential conflict comes to their notice but in no case later than 7 (seven)days from the opening of the RFQ applications for the Project and any breach of this obligation of disclosure shall be construed as Conflict of Interest. The CMDC shall, upon being notified by the Consultant under this Clause 10.4.4, decide whether it wishes to terminate this Consultancy or otherwise, and convey its decision to the Consultant within a period not exceeding 15 (fifteen) days.

Managing Director


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ANNEXURE A

FULL INFORMATION ABOUT THE BIDDER

Name of work: SELECTION OF "TRANSACTION ADVISOR" FOR SELECTION OF MINE DEVELOPER CUM-OPERATOR (MDO)FOR ARIDONGRI AND KABIRDHAM IRON ORE PROJECT.

Name of Bidder& address:-

The following information about the company shall be furnished by the Bidder :-

S. No.

Description Particulars

1 Certificate of Incorporation,Certificate of Commence of Business (in case of Public Ltd. Company) along with the copies of Memorandum and Article of Association is also to be furnished.

2 Nature of business carried on by the company and the provisions of its Memorandum relating thereto

3 Names and particulars including addresses of all the Directors

4 Previous experience of the bidder

5 Its authorized, subscribed and paid up capital as on March-2015 -

-

6 The Annual Turnover of the company for the last three years viz. 2012-13, 2013-14 and 2014-15

-

-

-

- 7 The Net worth of the Company for the last 3years viz. 2012-13, 2013-14 and 2014-15

-

-

-

8 Cash Accrual in the last 03 years viz. 2012-13, 2013-14 and 2014-15

-

-

-

9 Name & Designation of the person who will sign documents, bills and receipts on behalf of the company along with his authorization letter.

Signature

Full Name & Address Seal


40

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ANNEXURE-B

DETAILS OF WORKS DONE AS PER PRE QUALIFICATION REQUIREMENTS IN PROVIDING END TO END SERVICES FOR VARIOUS CENTRAL

GOVERNMENT / STATE GOVERNMENT PSUS

S. No

Project Details Consultancy Work Details

full postal

address inincludi-ng Tel. Ph.* Fax Nos. of

the client

Name of

the work

Name of the Mine

Date of award of

work (copy of work-

order to be submitted )

Scheduled Date of

completion

as per Contact

Date of actual

completion

Reasons for delay, if any

Date of acceptance by

client (A copy of certificate in this regard form client

to be submitted)

Note: The above shall be supported by the copies of the relevant certificates like copies of work orders, Agreements and completion reports etc. from the clients for each work. CMDC reserves the right to seek from the Bidder for submission of further Details/information as necessary during evaluation of Bids including TDS certificates in case of works certificates from private organizations.

Signature of the Bidder with date and seal

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ANNEXURE-C

PROFORMA OF LETTER OF UNDERTAKING (To be submitted by the Bidder along with the Bid)

(To be executed on non-judicial stamp paper of Value not less than Rs 100/)

Ref: Dated:

To, Managing Director CMDC Ltd. Raipur (C.G.) 492006 Dear Sir,

1. I/We have read and examined the following Bid documents relating to the full scope of work for undertaking the Bid process management for selecting the Mine Developer cum Operator (MDO). Detailed scope of work of the selected Bidder given in Chapter-2 in the Bid Document.

2. The notice inviting Bid for pre-qualifying Conditions of Contract Containing Instructions to Bidder, scope of works, payment terms, and manner of submission of Bid document.

3. I/We here by submit our Bid in terms of Notice Inviting Bid and other documents.

4. I/We undertake to keep our Bid valid initially for a period of 6 (six) months from the last date of submission of Bid (i.e. last date up to which Bid is initially kept valid). I/We hereby further undertake that I/We shall not vary/alter or revoke my/our Bid during the said period or extended period if any.

5. I / We also submit herewith the prescribed EMD. CMDC shall have the right to forfeit the EMD if I/We do not comply with the undertaking given at (3) above.

6. Should this Bid be accepted, I/We also agree to abide by and fulfill all the terms, conditions and provisions of the above mentioned Bid documents.

7. I/We have purchased the Bid document from CMDC

8. I / we have visited the site and we are fully acquainted with the local conditions. Our Bid has taken into account the local conditions.

OR,

I / we have not visited the site. However, we un-equivocally confirm that we will not make any claim on the grounds of non-acquaintance with local conditions and factors for execution of the works covered under that Bid documents and technical specifications.

9. I / we hereby declare that no CMDC employ or his/her relative is/are Partners/Directors with me/us.

Signature along with Seal

Name & Designation--------------------------------

Name of Company-------------------------------------

Witness Signature- Name & Address --

Note: I/we -Strike out whichever is not applicable.


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REGD.OFFICE: SONAKHAN BHAWAN, RING ROAD NO.1, VIL.PURAINA, P.O. RAVIGRAM, RAIPUR (C.G.)492006

FAX-0771- 4001074, PHONE-0771-4283557


ANNEXURE-D (PAGE 1 OF 2)

PROFORMA BANK GUARANTEE FOR CONTRACT PERFORMANCE (on non – judicial stamp paper of value not less than Rs 100/-)

The non-judicial stamp paper should be in the name of issuing bank

Ref. Bank Guarantee No. DATE:

To,

Managing Director CMDC Ltd. RAIPUR (C.G.) Dear Sir,

In consideration of the CMDC Ltd, (herein after referred to as the 'CMDC' which expression shall unless repugnant to the Context or meaning thereof include its successors, administrators andassigns)having awarded to M/s._____________________________________with its Registered/Head office at __________________________________ (hereinafter referred to as the Transaction Advisor which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a contract by issue of CMDC's Work order no. ______________________ dated ____________________ and the same having been unequivocally accepted by the Transaction Advisor resulting in a "contract" valued at__________________________ for _________________ (Scope of contract) and Transaction Advisor having agreed to provide a contract performance guarantee for the faithful performance of the entire contract equivalent to * _______________% (percent) of the said contract value of the contract to the CMDC.

We ___________________________________________________ having

(Name and Address)

its Head Office at _________________________ (hereinafter referred to as the 'Bank', which expression shall, unless repugnant to the context or meaning thereof, include its successors,administrators, executors and assigns) do hereby guarantee and undertake to pay the CMDC, on demand any and all monies payable by the Transaction Advisor to the extent of____________________________________________ as aforesaid at any time up to________________________________ (days/month/year) without any demur, reservation, recourseor protest and/or without any reference to the Transaction Advisor. Any such demand made by theCMDC on the Bank shall be conclusive and binding not withstanding any difference between the CMDC and Transaction Advisor or any dispute pending before any court, tribunal or any other CMDC. The Bank under takes not to revoke this guarantee during its currency without previous consent of the CMDC and further agrees that the guarantee herein contained shall continue to be enforceable till the CMDC discharges this guarantee.

The CMDC shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee from time to time to extend the time for performance of the contract by the Transaction Advisor. The CMDC shall have the fullest liberty, without affecting this guarantee, to postpone from time to time the exercise of any powers, vested in them or of any right which they might have against the Transaction Advisor, and to exercise the same any time in any manner, and either to enforce or to for bear to enforce any covenants, contained or implied,


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492006 FAX-0771- 4001074, PHONE-0771-4283557


ANNEXURE-D (PAGE 2 OF 2)

in the contract between the CMDC or any other course of or remedy or security available to the CMDC. The Bank shall not be released of its obligations under these presents by any exercise by the CMDC of its liberty with reference to the matters aforesaid or any of them or by reason of any other acts of omission or commission on the part of the CMDC or any other indulgence shown by the CMDC or by any other matters or thing whatsoever which under law would, but for this provision, have the effect of relieving the Bank.

The Bank also agrees that the CMDC at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance without proceeding against the Transaction Advisor and notwithstanding any security or other guarantee that the CMDC may have in relation the contractor's liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is restricted to ______________________________________________________________________________ _____________________________________ and it shall remain in force upto and including ______________________________________________________________________________ ______________ * * and shall be extended from time to time for such period, as maybe desired by M/s. _______________________________________________ whose behalf this guarantee has been given.

Dated this ___________ day of ______ 2015 at ______________ .

WITNESS Signature

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

Signature

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

(Bank's Rubber Stamp)

(Name)

-------------- (Name) ------------ ---

Official address

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

Designation with Bank stamp

Attorney as per power of Attorney No. ------------

Dated ------- ----------

NOTE: * This sum shall be ten percent (10%) of the contract value.

** The date will be as specified in the contract.


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ANNEXURE- E (PAGE 1 OF 2)

Details of Key Personnel and their qualifications required in the teamof Transaction

Advisor Agency ( to be placed for this assignment)

Sl. No.


Minimum no. of

Professionals


1. Team Leader

1 Engineer with a post

graduate qualification

from reputed

institutions

At least 1o years of experience in Mining sector in the area of PPP advisory, involving Bid Process Management, Bid Evaluation and design of PPP Frameworks in Mining Sector, should have experience in the subject of developer/operators for selection of MDOs for mining projects. Should necessarily have been involved in the selection of at least one MDO.

10


1 B.Tech /B.E. Mining Engineer from reputed Institutes like ISM, Dhanbad or IITs or NITs

Should have experience of more than 5 years in the mining sector, and should have been part of the team in advising the eligible assignments in the mining sector in the areas of MDO selection and should have been involved in at least one assignments for selection of MDOs for non-coal mineral preferably iron ore.

05

3. Mining Engineer



03


Should have experience of more than 5 years in the mining sector, and should have been part of the MDO selection process.

03



Should have at least 10 years experience in the infrastructure/power/mining sector and in advising companies in financial analysis/ modeling and bid evaluation.

05



Should have at least 10 years experience in advising on bid documents, PPP and competitive bidding process, bid process management and bid evaluation, selection of developers/ concessionaires/ MDOs under a PPP framework.

04


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Annexure:-E (Page 2 of 2)

1. The bidder should provide the details of the key professionals in the format provide in Annexure -F.

2. They should submit C.V. of each professional in format given at annexure -G.


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Annexure - F

Qualification and the experience of the key personnel proposed to be deployed for the task.

Curriculum Vitae of each personnel should be attached as described in Annexure-G

Sl. No. Name of the Key Personnel

Position Qualification Experience Whether working with the firm or

hired from outside

Date:

Signature

Full Name & address Seal


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Annexure - G (1)

(TEAM LEADER)

FORMAT FOR CURRICULUM VITAE FOR MEMBERS OF TRANSACTION ADVISORS TEAM

1 Name of Firm:

2 Name of the Team leader:

3 Qualification of Team leader:

4 Name of Institute passing / qualifying examination.

5 Whether working with the firm or hired from outside:

6 Current Position held in organization

7 Nationality:

8 Relevant Experience:-

a) With present firm along with year of service, position held,Job description etc. :

b) With others firm along with - (i)

name of firm year of service, - (ii)

position held, Job description - (iii) etc. :

9 Number of year of experience in Mining Sector should be given in details:

CERTIFICATION

I, the undersigned, certify that to the best of my knowledge and belief, these data's are correctly describe me, my qualifications and my experience.

Signature of Team Leader:

Signature

Full name & address with seal of bidder firm

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FAX-0771- 4001074, PHONE-0771-4283557


Annexure - G(2) (MINING EXPERT)


1 Name of Firm:

2 Name of the Mining Expert :

3 Qualification of Mining Expert:




7 Nationality:


a) With present firm along with year of service,position held, Job description etc. :

b) With others firm along with - (i)

name of firm year of service - (ii)

position held, Job description, - (iii) etc. :


CERTIFICATION


Signature of Mining Expert:

Signature


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FAX-0771- 4001074, PHONE-0771-4283557


Annexure - G(3) (MINING ENGINEER)


1 Name of Firm:

2 Name of the Mining Engineer :

3 Qualification of Mining Engineer :




7 Nationality:


a) With present firm along with year of service, position held, Job description etc. :

b) With others firm along with -(i) name of firm year of service, - - (ii) position held, Job description (iii)etc. :


CERTIFICATION


Signature of Mining Engineer:

Signature


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FAX-0771- 4001074, PHONE-0771-4283557


Annexure - G(4) (GEOLOGIST)


1 Name of Firm:

2 Name of the Geologist :

3 Qualification of Geologist:




7 Nationality:



b) With others firm along with -(i )name of firm year of service,(ii)position held, Job description (iii) etc. :


CERTIFICATION


Signature of Geologist:

Signature


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FAX-0771- 4001074, PHONE-0771-4283557


Annexure - G(5) (FINANCIAL EXPERTS)


1 Name of Firm:

2 Name of the Financial Experts :

3 Qualification of Financial Experts :




7 Nationality:


a) With present firm along with year of------------------- service, position held, Job description etc. :

b) With others firm along with -(i) name of firm year of service,(ii)position held, Job description,(iii)etc. :


CERTIFICATION


Signature of Financial Experts:

Signature


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FAX-0771- 4001074, PHONE-0771-4283557


Annexure - G(6) (LEGAL EXPERTS)


1 Name of Firm:

2 Name of the Legal Experts :

3 Qualification of Legal Experts:




7 Nationality:



b) With others firm along with -(i) name of firm year of service,(ii)position held, Job description(iii) etc. :


CERTIFICATION

I, the undersigned, certify that to the best of my knowledge and belief, these data's are correctly described me, my qualifications and my experience.

Signature of Legal Expert:

Signature


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FAX-0771- 4001074, PHONE-0771-4283557


Annexure-"H"

Format for undertaking for Declaration for conflict of interest

To, The Managing Director, Chhattisgarh Mineral Development Corp. Ltd., Sonakhan Bhawan, Ring Road No.1, Raipur (Chhattisgarh). Sub: Declaration for conflict of interest. The bidding entity for this engagement is XXXXXX. XXXXXX is a private limited company registered under the Companies Act, 1956, and we are engaged in providing the professional services in the areas of tax, consulting and business advisory (strike out as applicable). I, XXXXXX, Executive Director/Director of XXXXXX, do hereby declare that after using standard commercially reasonable conflict checking procedures, nothing has come to our attention which would cause us to reasonably believe that members of the Board of our entity, or the project team members under this engagement, are indulged in activities which can be termed as conflicting activities in terms of [Insert Clause reference] of the Bid dated [Insert Date]."" We further confirm that in case we are selected as successful bidder and engaged by CMDC, we would no advise any other party on bid advisory concerning to Aridongri and Kabirdham Iron Ore Project and till the time our engagement with CMDC continue under this Bid.

Signature of the authorised signatory (with name & seal)

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FAX-0771- 4001074, PHONE-0771-4283557


PART-II (Price Bid)

FORMAT FOR SUBMISSION OF PRICE BID

Sl.No. Description of Scope of Work Quoted Amount in Rs. (Including tours & travels,

incidental expenses and other taxes & duties

etc.) Rs. In Figure Rs. In words

1. Lump sum fee for entire scope of work as defined in Bid document for the selection of suitable Mine Developer Cum Operators (MDO) for the mining of Iron Ore from the allotted Aridongri Iron Ore Project, District- Kanker and Kabirdham Iron ore Project, District- Kabirdham of CMDC.

2. Total

Note: Rate shall be quoted in ink only. Rates shall be indicated in figures as well as in words.In case of any discrepancy/ ambiguity, the Rates quoted in words shall be considered as correct.

I hereby certify that the rates quoted above are inclusive of all charges for carrying out consultancy charges for appointment of MDO for the mining of Iron Ore from the allotted Aridongri Iron Ore Project, District- Kanker and Kabirdham Iron ore Project, District- Kabirdham of CMDC.

Signature of Bidder with Date and Sea

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