barmer lignite mining company limited tender …blmcl.in/pdf/tenders/appointment of consultant -...

(A Govt. of Rajasthan Enterprise)

TENDER FOR

15 MLD WTP CONSULTANCY

AT KAPURDI LIGNITE MINE

Page | 1


BARMER LIGNITE MINING COMPANY LIMITED (NIT No - BLMCL/MD/JPR/15-16/047 Dated 18-Mar-2015)

Tender Specification

For

Technical Consultancy and Engineering Services

For

15.0 MLD Capacity Water Treatment Plant

at

Kapurdi Lignite Mine, Barmer, Rajasthan


TENDER FOR



Page | 2

Office of the Associate Vice President,

Barmer Lignite Mining Company Limited,

B-13, 14, RIICO Industrial Area

Opposite Rajasthan State ware House

Barmer - 344001

Cost of Tender Document: Rs. 2000/- Contact Person at Barmer: Mr. Amrendra Kumar AVP (Operations) Mobile: +91 80940 05350 Phone: +91 2982 221049 Fax: +91 2982 223659 E-mail: [email protected]

Contact Person at Jaipur: Mr. Nitesh Gangwal Company Secretary

Mobile: +91 99833 20648 Phone : +91 141 2369772

Fax : +91 141 2369774 E-mail: [email protected]

mailto:[email protected]

mailto:[email protected]


TENDER FOR



Page | 3

Ref: BLMCL/MD/JPR/15-16/047 Dated: 18-Mar-2015

Tender Notice Sealed tender is invited from the reputed and experienced Consultant having experience of execution of similar type projects for taking up the following jobs at Kapurdi Lignite Mine.

S. No. Name of work EMD (Rs) Completion time

1. To provide technical Consultancy and Engineering Services for EPC project of 15 MLD capacity saline water treatment plant. Details of responsibilities mentioned in Stage#1, 2&3 of Scope of work.

50,000.00 One year

Tender document can be collected from the office of undersigned on payment of Rs. 2,000/- only (Non-refundable) through Demand Draft in favour of Barmer Lignite Mining Company Limited payable at Jaipur, on any working day from 19-Mar-2015 to 18-Apr-2015 during office hrs. from 9.00AM to 6.00 PM. Bid documents is also available to prospective bidders on portal http://blmcl.in/tenders.shtml for viewing and downloading. The bidders, in their own interest are requested to read very carefully the bid document before submitting the bid up to the time & date as specified above. The bidders downloading the bid from the portal will be required to deposit a bank draft of Rs. 2000.00 drawn in favour of Barmer Lignite Mining Company Limited payable at Jaipur. Such bank draft will be enclosed with documents in envelop-I. The tender will be received up to 3.30 PM and opened on the same day on dated 20-Apr-2015 at 4.30 PM in our Jaipur office at Office No. 2 & 3, 7th Floor, Man Upasana Plaza, C-44, Sardar Patel Marg, C-Scheme, Jaipur–302001. The EMD should be deposited in the shape of Bank draft drawn in favour of Barmer Lignite Mining Company Limited payable at Jaipur or in the form of Bank Guarantee. EMD if deposited in the form of Bank Guarantee will be in the format attached as Annexure–5 and from any Nationalized Bank or a National Level Private Bank but not a Co-operative Bank. Such Bank Guarantee should remain valid for a period of 180 days from last date of submission of bid. Tender without EMD will be summarily rejected. EMD will not carry any interest. Tender should be submitted in two parts i.e. Envelop-I & Envelop-II duly subscribed on envelops with NIT Nos., name and address of tenderer. Envelop-I will contain the technical offer and EMD Bank Draft or Bank Guarantee while Envelop-II will contain the commercial offer (Price Bid). Both envelops will further be enclosed in a single Envelop which will be superscripted with name and address of tenderer, tender number along with date of opening.

http://blmcl.in/tenders.shtml


TENDER FOR



Page | 4

SECTION 1 – INSTRUCTIONS TO BIDDERS

1. Project information:

Rajasthan State Mines & Minerals Limited (RSMML) a GoR enterprise and Raj West

Power Limited, A wholly owned subsidiary of JSW Energy Limited has formed a Joint

venture company incorporated as Barmer Lignite Mining Company Limited (hereinafter

referred as “BLMCL” or “Company” or “owner”). The JV Company has been entrusted to

develop lignite block at Kapurdi, in Barmer district of Rajasthan, India. The mine is located

adjacent to the 1,080MW Lignite based pithead power project. The present approved

Lignite mining production capacity from Kapurdi Mine is 7.0 million Tonnes per Annum

(MTPA).

At present, the mining has reached maximum depth of 110 meter and it has encountered

aquifers charged with saline water. The company intends to establish 15.0 MLD water

treatment plant (referred as “project”) in order to make the pumped out saline water

useable and minimize the environmental impact.

BLMCL invites bids from reputed consulting firms having wide experience in Water

Treatment Plant (WTP) especially of saline water, for providing technical consultancy for

the project from initial conceptualization till completion of the project. National Competitive

Bidding (NCB) process will be followed for selection of the vendor.

2. Scope In General

BLMCL wishes to hire services of reputed consultant for the consultancy and engineering

services. BLMCL doesn’t intent to hire services of any other consultant for Engineering of

the project, therefore it is not intended to specify and outline herein all the minute details

of the services and all the engineering for the project shall be rendered by the Consulting

Engineer (CE) except for the specific exclusions.

All items which are required to be engineered for the integrated working of the plant as a

whole are deemed to be included in the scope of the services whether specifically

mentioned or not. The CE shall render all necessary and comprehensive services

required in every respect to ensure smooth and timely completion of the project.

It is proposed to execute the project on Engineering Procurement and Commission

(EPC) basis.

National Competitive Bidding (NCB) tendering process will be followed for selection of

the EPC contractor.


TENDER FOR



Page | 5

Scope of work:

The scope of work shall include but not limited to following:

Stage1 – Preorder engineering:

a. Preparation of Detailed Project Report and recommendation of best suited process

considering lowest total cost of ownership for the life cycle of the project.

b. Estimation of project cost, O&M cost and time schedule for the project.

c. Preparation of conceptual scheme, technological parameters, system design, sizing

& selection of equipment and associated facilities.

d. Preparation of proposed plant conceptual flow sheet and basic engineering drawing.

Stage2 - Assistance for Ordering:

a. Preparation of bid document including scope of work and technical specification for

the bid.

b. Scrutiny and evaluation of the technical offer of bidders, discussion with the bidders

as required, obtaining clarifications and submitting recommendations for finalization

& placement of orders.

c. Scrutiny of the contract document submitted by successful WTP bidder, discussion

with the Owner in order to firm up performance parameters, scope of work and

other interfacing requirements.

Stage 3 - Post order engineering consultancy:

a. Review and approval of drawings submitted by successful bidder for WTP showing

general arrangement of plant and equipment, layouts of auxiliaries, electrical and

instrumentation & control systems.

b. Review and approval of all engineering documentation of the successful WTP

bidder relating to approval from Owner to ensure completeness as per

specifications and compliance to applicable standards and norms.

c. Review and approval of design basis and design calculations and basic design

drawings namely, general arrangement drawings to be submitted by successful

WTP bidder.

d. Review and approval of basic design drawings for the structural steel work namely

general arrangement drawings to be submitted by successful WTP bidder.

e. Review and approval of procedures/manuals for start-up/shutdown, periodical

maintenance and manuals for various equipment submitted by the successful WTP

bidder.

f. Certification of bills relating to civil, structural (incl. all fabrication details),

Mechanical, Electrical supply and erection by successful EPC contractor.

g. Expediting and pre dispatch inspection at contractors/subvendor ’s works and

offering pre-dispatch clearance.


TENDER FOR



Page | 6

h. Quality inspection of works at site.

i. Project schedule monitoring and advising owner on the possible bottle necks to

facilitate completion of the project on time.

j. Providing technical assistance by visits of design engineers as and when

necessary.

k. Witnessing and certification of the PG test.

3. Requirements for Qualified Bidder

Bidder shall have successfully executed Consulting Engineer services for Water

treatment plant from conceptual engineering, layout, tender engineering, bid evaluation,

detailed engineering, interfacing between various package, review & approval of vendor

designs, drawings, quality assurance plan, inspection both at site and factory,

scheduling, project management, assistance in commissioning and testing for Water

treatment plant of 10 Million Litres per Day (MLD) using sea water.

AND

The Bidder shall have a minimum annual turnover of Rs. 5 crores or equivalent during

last two years.

Bidder has adequate man-power consisting of qualified and experienced engineers;

supervisors etc. to successfully engineer, design, supervise, test and commission the

water treatment plant. Bidder shall submit manpower plan - proposed assignment

along with the bid.

The Bidder shall ensure that the information to be furnished in the following

qualification documents Annexure-1 & 2 should be specific and to the point. All

questions must be commented and filled in. If a question is not applicable to the

Bidder for qualification, it must be struck off clearly explaining the reason for its non-

applicability.

General financial and commercial particulars of Bidder Annexure-1

Information with respect of the Bidder’s experience Annexure-2

Notwithstanding anything stated above, Owner reserves the right to assess the

consultant's capability and capacity to perform the works and such decision of the

Owner shall be final.

Bid submitted by Bidder without necessary details of the qualifying requirement along

with the documentary evidence shall be rejected by the Owner.


TENDER FOR



Page | 7

4. Time Schedule

The basic consideration and the essence of the Technical Consultancy contract shall

be the strict adherence to the time schedule for performing the consultancy services.

The Owner's requirements of completion schedule for the works are mentioned in the

corresponding Schedule-1 attached to this bid document.

The completion schedule as stated shall be one of the basis of evaluation of the offers

and the Owner reserves the right to request for a change in the work schedule during

the pre-award discussions with the successful Bidder.

5. Bid Documents

The bid documents for the scope of work are arranged as follows:

Section - 1 - Instruction to Bidders

Section - 2 - Conditions of the Contract

Section - 3 - Schedules (1 to 2) and Annexure (1 to 6)

Failure to furnish all information required as per the bidding documents or submission

of a bid not substantially responsive to the bidding in every respect will be at the

Bidder's risk and may result in the rejection of bid.

The Bidder shall bear all costs associated with the preparation and submission of the

bids. The submission of any bid connected with these documents and specifications

shall constitute an agreement that the Bidder shall have no cause of action or claim

against the Owner for rejection of bid or if the Owner may elect to withdraw the

invitation to bid. The Owner shall always be at liberty to reject or accept any bid or all

bids at its sole discretion and any such action shall not be called into question and the

Bidder shall have no claim in that regard against the Owner. The Owner is not bound

to give any reasons for the rejection of the bid.

The Bidder shall note the following:

Bid documents are not transferable.

Not more than one bid for the work shall be submitted by one Bidder.

If the Bidder deliberately gives wrong information in its bid to create circumstances for

the acceptance of its bid the Owner reserves the right to reject such bid and/or cancel

the order.

Bid documents submitted shall be the property of the Owner.


TENDER FOR



Page | 8

Bids shall be submitted for the complete scope of work as envisaged and bid

submitted for partial scope of work may be rejected.

6. Bidder to inform itself fully

Before submitting the bid for consultancy, the Bidder shall make independent enquiry

and satisfy itself as to all the required information, input conditions and circumstances,

which may have any effect on the bid price and also on the execution of work.

The Bidders are also required to familiarize themselves with the income tax, service

tax and such other local laws and conditions.

The Bidders are also required to familiarize themselves with the site conditions. This

shall be without any cost or liability to Owner.

7. Interpretation of Bid Documents

If the Bidder finds any discrepancies or omissions in the bid specifications and

documents or is having any doubt as to the true meaning of any part of the bid

document, he shall at once submit a written request in English language for

clarification or interpretation of the doubt in question. This written request shall be

submitted in duplicate to the Owner at the following address:

Office of The Associate Vice President, Barmer Lignite Mining Company Limited, Near Chamunda Temple, Kishanpura, Gandhi Nagar, National highway -15, Barmer -344001

While the Owner shall make efforts to furnish the clarifications, the same shall not be a

ground for extension of the deadline prescribed by the Owner for submission of bids.

Nevertheless, if some clarification is of a nature, which basically alters the bid's scope,

the Owner may, at its discretion, extend the deadline for submission of the bid.

Appropriate interpretation shall be given in the form of a supplementary notice without

identifying the source to all the Bidders. The Owner shall respond in writing to any

request for clarification of the bid documents, which it receives not later than 07 days

(seven) prior to the deadline for submission of bids prescribed by the Owner. Written

copy of Owner's response (including an explanation of the query without identifying

the source of enquiry) will be sent to all prospective Bidders. However, no oral or other

interpretation shall be considered as binding on Owner. Copies of such clarification or

notice received by the Bidder shall be included as an appendix to its bid.

The Owner may amend the bid documents at any time by issue of an amendment.


TENDER FOR



Page | 9

8. Language of the Bid

All information given in the bid shall be in English language. Information in any other

language shall be accompanied by its translation in English. Failure to comply with

this requirement may disqualify the bid. In the event of any discrepancy in meaning,

the English language copy of all documents shall govern.

9. Bid Offer Prices

The Bidder shall indicate on the appropriate Price Schedule (Schedule–2) attached to

these documents, bid prices for the consultancy services under the contract and as

required in the bid specification.

The price for consultancy shall be firm and not subject to any price adjustment during

the entire period of the consultancy services.

10. Period of validity of the Bids

The bid shall remain valid for 120 days from the date of bid opening prescribed by the

Owner. A bid valid for a shorter period may be rejected by the Owner as non-

responsive.

11. Preparation of Bid

Three copies of the proposal comprising of two parts viz. of technical and price bids

(Envelop-1 and Envelop-2 respectively) shall be submitted to the office of:

Barmer Lignite Mining BLMCL Limited, Office No. 2 & 3, 7th Floor Man Upasana Plaza C-44, Sardar Patel Marg, C-Scheme, Jaipur – 302001 (INDIA)

Technical Proposal (Envelop 1) shall include following information:

Confirmation sought from the Bidder for Time schedule as per format enclosed as

Schedule–1.

Format related to General, Financial and Commercial Particulars of the Firm is as per

Annexure–1.

Format related to Information in respect of Bidder’s experience is as per Annexure–2.


TENDER FOR



Page | 10

Description of manners, the Bidders would plan to execute the work. Work plan time

schedule (in Annexure–3) and approach or methodology proposed for carrying out

the required work. Any comments or suggestions of the Bidders.

The composition of the team of personnel which the Bidder would propose to provide

and the tasks which would be assigned to each team member shall be submitted by

the Bidder.

Curriculum Vitae of the individual staff members who would be assigned to work and

of the senior officer/s who would be responsible for supervision of the team must be

submitted. The curriculum vitae should follow the attached format given in Annexure–

4.

Price bid shall include following information:

Schedule of price Bid in Schedule–2

All bids shall be prepared by typing or printing with indelible ink. One original proposal

and two copies of the original proposal shall be submitted by each Bidder. The bids

submitted and the documents attached thereto shall be considered a part of the bid

document.

If there is any discrepancy between the original and the copy of the proposal, the

original shall be taken as authentic.

The Bidder must state in its bid a valid address at which notice may be served. All

such notices shall be deemed to have been served validly which are left at such

address or if sent by post shall be deemed to have arrived in due course. Any change

of address must be notified to the Owner and until such notification is received, the

Owner shall not be bound to take notice of any change of address and all

correspondence sent to earlier address shall be deemed to be validly served on the

Bidder.

Data and information in the bid shall preferably be in metric units but where other units

are used, the metric equivalent shall be given.

12. Submission of Bids

Three copies of the proposal comprising of two parts viz. of technical and price bid

shall be submitted to

The envelope super scribed as "TECHNICAL PROPOSAL" (Envelope 1) should

include the description of the firm / organization, the firm's general experience in the


TENDER FOR



Page | 11

field of assignment, the qualification and competency of the personnel proposed for

the assignment and the proposed work plan methodology, approach, computerized

software proposed to be used for the execution of the specified in the Scope of Work .

This envelope (Technical Proposal) should not contain any price/cost information

whatsoever.

The second envelope super scribed as "PRICE PROPOSAL" (Envelope-2) should

contain the detailed price offer for the consultancy services and this envelope should

be sealed with sealing wax and initialed at two places across the seal.

Both the sealed envelopes (containing Technical and Price proposals, Envelope 1 &

2); should be placed in one sealed cover super scribing thereon "PROPOSAL FOR

APPOINTMENT CONSULTING ENGINEER SERVICES FOR 15 MLD WATER

TREATMENT PLANT AT BLMCL, BARMER, RAJASTHAN " and this envelope should

reach the office of

Barmer Lignite Mining BLMCL Limited, Office No. 2 & 3, 7th Floor Man Upasana Plaza C-44, Sardar Patel Marg, C-Scheme, Jaipur – 302001 (INDIA)

on or before 20-Apr-2015, 15:30 hours. The offers received after this date and time

on any account for any reason whatsoever, will be ignored.

13. Deviations

The Owner desires that the Bidder shall perform the work strictly in accordance with

the bid documents. No deviations will be entertained and the bidders are required to

submit unconditional bid only.

14. Evaluation of Proposal

The Bidder shall be qualified as per the qualifying criteria indicated in this Bid

Document. In case the Bidder does not fulfill qualifying criteria his offer shall be

summarily rejected.

The Qualified Bidders shall thereafter be evaluated on the following parameters:

Experience relevant to proposed Scope of Work.

Track record of installations and experience claimed by Bidder. Experience and

availability of Key Personnel earmarked by the Bidder for the proposed project.

Methodology & Approach proposed by Bidder.


TENDER FOR



Page | 12

Time Schedule proposed by the Bidder.

The Owner shall evaluate the bids with the overall perspective of ensuring

satisfactory delivery of Scope of Work. Owner shall, based on the above evaluation

shortlist the Bidders whose Price Bid shall be considered for award by the Owner. If

necessary, any or all Bidders may be required to make a presentation to BLMCL on

their proposal at their cost.

15. Award of Contract

Notwithstanding anything contained in this document, the Owner reserves the right to

accept or reject any bid, and to annul the bidding process and reject all bids, at any

time prior to award of contract, without thereby incurring any liability to the Bidder or

Bidders or any obligation to inform the affected Bidder or Bidders the grounds for the

Owner's action.

Notification of award of contract shall be made in writing through a 'Notice of Award',

i.e. Letter of Intent (LoI), to the successful Bidder. This letter of intent may be in writing

by registered letter or by cable or telex or FAX to be confirmed in writing by registered

letter or courier service or by speed post that its bid has been accepted.

Till such time the formal contract is signed, the LoI issued by the Owner to the

successful Bidder and its acceptance by the Bidder shall be construed as a contract

document and conditions of contract contained in these documents shall become

applicable.

16. Signing of Contract

The Successful Bidder shall have to sign a formal contract agreement with the Owner

and submit Performance Guarantee within 15 days from the date of LoI. Under certain

circumstances, the Owner may give an extension of time for signing of contract

If the Successful Bidder fails to sign contract / fails to furnish Performance Guarantee

within stipulated time, the same shall constitute sufficient ground for the annulment of

the award of consultancy work. In such an eventuality, the Owner may make the

award to the next evaluated responsive Bidder or call for new bids.


TENDER FOR



Page | 13

SECTION II - GENERAL CONDITION OF CONTRACT


TENDER FOR



Page | 14

1. SCOPE OF CONTRACT

Stage-1: Preparation of detailed project report, design basis document.

Stage-2: Preparation of tender documents. Clarification to the bidders, review &

evaluation of bids and providing technical recommendations, support in

finalization of contract with the selected bidder.

Stage-3: Project management and Inspection services. Review engineering and

approval of drawings. Correspondence with the contractors on behalf of the

Owner. Certification of the Quantities and Bills submitted by the contractors.

Inspection services at site and at the vendor’s premises. Ensure timely

completion of installation of WTP and closure of awarded contract.

2. CONTRACT DOCUMENTS

(1) The term "Contract Documents" shall mean and include the following:

(a) The bid specification issued by the Owner.

(b) Consultant's proposal.

(c) Any agreed variations to the conditions of the bid documents and

specifications.

(2) In the event of any conflict between the above, the decision of the Owner shall be

final and binding upon the parties.

3. DEFINITIONS

Unless defined otherwise, the following terms wherever used in this bid document

shall have the following meaning:

(1) "Consulting Engineer" or “Consultant” or "Engineer" shall mean the

Bidder/Consultant whose bid has been accepted by the Owner for the award of

contract.

(2) "Owner" means Barmer Lignite Mining Company Limited (BLMCL) and shall

include its legal representatives, successors and permitted assigns.

(3) "Specification" shall mean the technical specifications forming a part of the

contract and such other schedules and drawings as may be mutually agreed upon.

(4) "Start Date" shall mean the date from which the periods specified for activities are

measured and set forth in the relevant schedules.

4. EFFECT AND JURISDICTION OF CONTRACT

(1) The contract shall be considered as having come into force from the date of issue

of Letter of Intent (LoI). This date will be called as the effective date of contract.


TENDER FOR



Page | 15

(2) The laws applicable to this "contract" shall be the laws in force in India. The courts

of Jaipur, India shall have exclusive jurisdiction in all matters arising under and on

account of this contract.

5. TIME SCHEDULE

Time schedule for all activities as follows:

The work for stage-1 and 2 will commence simultaneously.

Draft DPR within 21 days from the date of issue of LOI.

Submission of Final DPR within 7 days from the date of receipt of

suggestions/comments on the draft DPR

Preparation of tender documents within 15 days from the date of submission to

Draft DPR Report.

Submission of Final Tender documents within 7 days from the date of receipt of

suggestions/comments on the draft tender documents.

Submission of the draft bid evaluation report 7 days after the last date of

submission of the bids

Submission of the final bid evaluation report 7 days after the date of receipt of

comments from the owner.

Submission of draft work order after 7 days of Final Bid evaluation

Submission of final work order after 7 days of receipt of comments from owner

Note:

1. Owner wishes to award of work order within 2 months of finalisation of tender

documents.

2. Completion of execution of WT Plant work as per the awarded work order

schedule.

However

The contract period will coincide with the period of commissioning of the WT Plant

subject to all terms and conditions fulfilled like performance guarantee, performance

parameters, stabilization of plant etc.

The Consultant is required to submit detailed PERT chart covering engineering

activities, covering key phases of work such as bid review, evaluation, recommendation,

review of packages and other associated works etc. with Approach & Methodology to be

submitted as a part of Bid. The above chart shall be reviewed periodically and periodic

review reports, twice a month, shall be submitted to the Owner.

6. CONTRACT PRICE

a. The price accepted by the Owner for the entire scope of consultancy works -

services shall be treated as the total contract price.


TENDER FOR



Page | 16

b. All costs, damages, or expenses, which the Owner may have paid, for which under

the contract the Consultant is liable, shall be claimed by the Owner from the

consultant.

c. The Owner reserves the right to seek termination of the contract for reasons

attributable to its further investment in the Project. In such a scenario, Consultant

shall be compensated only for the work completed till such date. Both the Parties

shall discuss in good faith, the amount of such compensation. The Work, Designs

or any other document etc. produced till such date shall become the property of the

Owner.

7. EARNEST MONEY DEPOSIT (EMD)

The Earnest Money to be deposited will not carry any interest. BLMCL will retain EMD of successful bidder towards security amount for the entire period of contract and the same will be released after successful completion of the contract. In case of submission of Bank Guarantee for EMD, the same would require to be extended till completion of the contract, if so needed as per the instructions of BLMCL. However, EMD shall be returned/refunded to unsuccessful bidders in 30 days after completion of bidding process.

8. INSURANCE

The Consultant, at its own cost, shall arrange, secure & maintain insurance as may be necessary for all such amounts to protect its interests. The insurance coverage shall be adequate to cover all contingencies. The safety, security, insurance and any other commitments towards the personnel and equipment deployed or towards any third party shall be your responsibility.

9. CONSULTANT'S DEFAULT

a. If the Consultant shall neglect to execute the work covered by this contract with

due diligence and expedition or shall refuse or neglect to comply with any

reasonable orders given to him in writing by Owner, the Owner may give a notice

in writing to the Consultant to make good the failure, neglect or contravention. If

the Consultant shall fail to do so within 20 days from the date of serving such a

notice, the Owner may without prejudice to any other rights he may have under

the contract, take the work wholly or in part out of the Consultant's hand and get

the work done by other agencies at the Consultants risk and cost.

b. The Owner, in such event, shall be entitled to retain and apply any balance, which

may otherwise be due to the Consultant for the payment of cost of executing the

said part of the works taken out of the Consultant's scope. If the cost of executing


TENDER FOR



Page | 17

the said part of the works or of completing the works shall exceed the balance due

to the Consultant, the Consultant shall pay such excess.

10. FORCE MAJEURE

a. In the event of either party being rendered unable by Force Majeure to perform

any obligations required to be performed by them under the contract the relative

obligation of the party affected by such Force Majeure shall upon notification to

the other party be suspended for the period during which such cause lasts.

b. The term “Force Majeure” as employed herein shall mean act of God, revolt, riot,

fire, flood, war and Acts and Regulations of any Government.

c. Upon the occurrence of such cause and upon its termination, the party alleging

that it has been rendered unable as aforesaid thereby, shall notify the other party

as soon as practicable giving full particulars and satisfactory evidence in support

of its claim.

d. In the event of Consultant being unable to perform its obligations due to Force

Majeure as above, the Consultant shall help the Owner by making alternative

arrangement as far as it can, so that the work does not suffer.

e. The period of contract shall stand automatically extended corresponding to the

period lost due to Force Majeure conditions and the consultant shall not be

entitled for any compensation for the force majeure period.

f. In case of the Force Majeure conditions lasting more than two months, BLMCL

shall have the right to terminate the contract.

11. LIABILITY OF THE CONSULTANT

The Technical Consultants liability under this contract shall limited to the Contract

Price. The cap on liability shall, however, not be applicable in case of gross

negligence or willful misconduct by the Technical Consultant.

12. PATENT, RIGHTS & ROYALTIES

a. The Consultant shall hold harmless and indemnify the Owner from and against

loss, damage and expenses arising from any claim for infringement of a patent,

copyright, design and other such rights in existence or to be granted on an

application published prior to the completion of this Contract with respect to or

arising out of the use or supply of design, or any work in accordance with the

designs, drawings or specifications furnished, approved or recommended by the

Consultant.


TENDER FOR



Page | 18

b. The Consultant shall promptly notify the Owner in writing if the Consultant has

acquired knowledge of any patent under which a claim or suit for infringement

could reasonably be brought because of the use by Owner of any information,

recommendation or specifications, or services rendered by the Consultant.

c. The Consultant, in such case, shall forthwith at their own cost make and furnish to

the Owner alternative designs, drawings, specifications, or recommendations to

avoid the same and without putting the Owner to additional cost, charges or

expenses.

13. UNITS & INDIAN STANDARDS/CODES/REGULATIONS

The metric system of units will be used for this Project. Indian Standards, Codes and

Regulations, wherever applicable shall be adopted and adhered to by the Consultant.

In case of such Indian Standards/Codes/Regulations being not available in particular

areas, applicable and accepted International Standards shall be followed.

14. TERMS OF PAYMENT

The terms of payment under this contract shall be as per Schedule of Prices.

Mode of payment

Running bills to the extent of 90% shall be payable within 30 days from the date of

receipt of the bills after deducting:

a. Income Tax as per the provision of Income Tax Act.

b. Any expenses incurred on behalf of consultant, which is in scope of consultant.

c. Other deduction (if any, as applicable)

All payments shall be made on submission of pre-receipted Bills to Barmer Lignite

Mining Company Limited (BLMCL) by the Consultant in Duplicate after completion

activities above.

15. TAXES

a. The Consultant shall be liable and responsible for payment of all Income Tax

and all other taxes (except Service Tax), which may be levied on the

fees/payments received from the Owner under the terms of this contract and

shall keep the Owner harmless against any claim/liabilities and outgoing in this

behalf. The Service Tax, as per applicable government notification, shall be to

Owner’s account.

b. All the statutory deduction i.e. TDS, WCT etc. as per applicable Law will be

deducted at source.

c. Service tax on submission of service tax invoice along-with service tax

registration certificate and certificate from Chartered Accountant certifying the

discharge of liability of Service Tax.


TENDER FOR



Page | 19

Consultant shall be solely liable and responsible to bear and pay any and all taxes,

duties, Govt. levies, other applicable fees or any other charge etc. as applicable in

relation to any work undertaken by Consultant, connected with or related to the Work.

The Consultant shall submit required certificate from Chartered Accountant certifying

the discharge of liability towards Service Tax.

16. LIQUIDATED DAMAGES

Time is essence of the contract. If the successful bidder fails to complete the work to the

entire satisfaction of BLMCL within the Time of completion or any extension thereof due

to reasons attributable to him, the Liquidated Damages shall be levied, not by way of

penalty, but by making deduction from the contractor’s account or by encashment of

contractors Bank Guarantees. The rate of LD shall be 0.5 % per week to a maximum of

10 % of contract price.

17. DEPLOYMENT OF PERSONNEL BY THE CONSULTANT

The Consultant shall deploy a team of well-qualified and experienced engineering

personnel and draftsmen working full time on this Project till completion for tender

engineering services. The details of qualifications and experience of personnel

proposed to be deployed for the Scope of Work shall be submitted to the Owner for his

approval. In case the Owner requests for change in some team members due to

inadequate experience, Consultant shall be obliged to honor such requests. The

manpower deployed for this task shall be guaranteed by the Consultant discipline wise

(Process, Mechanical, Electrical, Control & Instrumentation, and Civil) and category

wise (for engineers and draftsmen) required for completion of services included under

the scope of the Specification. The Consultant shall demonstrate to the satisfaction of

the Owner the adequacy and qualification of the staff he intends to employ in regard to

the category and number, to meet the Schedule. The Consultant shall engage a senior

level executive to act as full time overall co-coordinator as a focal point for all inter

actions with Owner throughout the period of consultancy assignment. In case the

Consultant intends to change any of the personnel due to reasons beyond the control of

the Consultant, he shall seek prior written permission of the Owner.

18. RESPONSIBILITY OF CONSULTANT

a. It is not the intent or purpose of this specification to give details of every single

task which the Consultant will be required to perform for satisfactory completion of

work in his scope. The requirements specify only the scope and major items of

work and the Consultant shall be required to render detailed engineering services

which are necessary for satisfactory completion of all the areas of work assigned

to him in totality.


TENDER FOR



Page | 20

b. The Consultant shall be fully responsible for the collection of all data to enable him

to engineer the project.

c. The Owner reserves the right to review the work performed by the Consultant, ask

for any clarifications and changes/modifications to the work performed by the

Consultant. Such changes shall be mutually discussed and agreed between the

Owner and Consultant and the same shall be incorporated by the Consultant in his

work without any cost liability to the Owner and without any dilution of the

responsibility of the Consultant.

d. The Consultant shall prepare and furnish along with his offer, a complete list of

drawings, documents, data sheets reports, schedules, design calculations etc.

under the Project for review and approval of Owner/Consultant. This list shall be

treated as only indicative, but the Consultant shall be responsible for review and

approval of drawings, studies, etc. as required, irrespective of whether or not

these are listed in the above documents.

e. It would be the responsibility of the Consultant to collect all data/ information

required for satisfactory delivery of the mandate. BLMCL shall extend full support

including written request to respective entities for facilitating collection of the

information. Reports, Drawings and information available with the Owner will be

shared with the Consultant.

19. OBLIGATIONS OF CONSULTANT

a. All plans, design calculations, studies, data, maps, drawings and

specifications prepared by the Consultant in connection with the services to be

provided by the Consultant under the Contract shall be the property of the

Owner. As and when required or upon termination of the Contract, the

aforesaid documents, prepared specifically for this project (including originals)

shall be handed over to the Owner.

b. The Consultant shall take all necessary steps to ensure confidential handling

of all matters pertaining to plans, designs, drawings, specifications, method

and any other information developed or acquired by him from the Owner under

terms of the Contract or performance thereof.

c. The Consultant shall not prepare article or photographs for publication or

speeches about the work and / or plant contracts and installation in which the

Owner has interest without prior written consent of Owner.

d. The consultant shall ensure all the drawings and documents comply with

applicable standards and safety norms.

20. STATUTORY REQUIREMENTS

While reviewing the systems, the Consultant must ensure the satisfactory regulations

such as provision of CEA, CERC, CWC, Indian Electricity Act & Rules and other


TENDER FOR



Page | 21

relevant state and national agencies etc. are met.

21. DETAILS OF QUALIFICATION/ BIO DATA/ NUMBER OF COMPETENT

PERSONNEL

The Consultants in their bid should furnish the details of Qualification, bio-data, &

number of competent personnel in their organization who would be responsible and

earmarked for the implementation of this consultancy work in the prescribed Annexure-

4.

22. METHODOLOGY & APPROACH

Bidder should furnish detailed write up on 'Methodology & Approach' proposed for

carrying out the owners engineer’s service for the project as per Annexure-3.

23. USE OF COMPUTERIZATION AND SOFTWARE

It is envisaged by the Owner that extensive use of computerization and software shall

be made by the Consultant to facilitate the designing, layouts, evaluations etc. the

Bidder should specifically indicate the details of software he shall be using for Design,

Layout, Engineering etc.

24. CONSULTANTS TO CARRY OUT WORKS IN ACCORDANCE WITH THE MODERN

ENGG. PRACTICES

a. All works covered in this consultancy services shall be carried out in accordance

with modern engineering practices and only engineers experienced in this field

shall be deployed for this work.

b. The work should conform to various Indian and International Standards. The

details of design calculations for deciding the operating parameters of the project

and equipments selected shall be in accordance to the relevant standards.

25. OPTIMIZATION OF THE PROCESS/PROJECT

The Consultant while preparing the DPR and tender is expected to propose most

optimum and cost efficient process for the WTP.

26. DRAWINGS, DOCUMENTS & REPORTS

The Consultant will be required to submit at least five sets of each study reports,

drawings, technical documents etc. when it is final submission and when the same is in

preliminary submission, it should be minimum in four sets. All correspondences should

be made in duplicate when the technical specifications, bid documents and drawings

are finalized. 10 copies of this final bid documents (along with a soft copy) shall be

made available for sale along with the commercial terms and conditions to be approved

by the Owner while advertising the Bid for contactors selection.

27. PROGRESS REPORT

On 1st and 15th of every month, the progress on the project would be reviewed through


TENDER FOR



Page | 22

tele/video conferencing among the Technical consultant / BLMCL.

The Consultant shall submit fortnightly and Monthly Progress Reports on the status of

work entrusted to them bringing out the details of works completed, works in hand,

bottlenecks if any, and efforts made to improve upon the time schedule. Periodicity of

the report may be increased subsequently, as per the requirement.

28. SETTLEMENT OF DISPUTES

a. In the event of a dispute the parties shall endeavour to resolve such dispute in

good faith in the first instance within 30 days of the notice of such a dispute.

b. Arbitration:

In case of any dispute or difference between the Parties arising out of or pertaining to this contract shall be resolved by Arbitration by a sole Arbitrator, to be appointed by the MD, BLMCL. The contractor expressly waives its right to question the appointment of the sole arbitrator on the ground that the Appointing Authority is the MD, BLMCL. The Arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Jaipur

29. SUSPENSION OF CONTRACT

The client may, by written notice of suspension to the Consultant, suspend all payments

to the Consultant, hereunder, if the Consultant fail to perform any of his obligations

under this Contract, including carrying out of the Services, provided that such notice of

suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultant

to remedy such failures within a period not exceeding thirty (30) days after receipt by

the Consultants of such notice of suspension

30. TERMINATION OF CONTRACT

The Owner may, not less than thirty (30) days give written notice of termination to the

Consultants, such notice to be given after the occurrence of any of the events specified

in paragraphs (a) through (e) of this Clause terminate this Contract.

(a) If the Consultant fails to remedy a failure in the performance of his obligations

hereunder, as specified in a notice of suspension pursuant to Clause herein

above, within thirty (30) days of receipt of such notice of suspension or within

such further period as the Owner may have subsequently approved in writing.

(b) If the Consultant becomes insolvent or bankrupt or enter into any agreement with

his creditors for relief of debt or take advantage of any law for the benefit of

debtors or go in to liquidation or receivership whether compulsory or voluntary.

(c) If the Consultant submits to the Owner a statement which has a material effect

on the rights, obligations or interests of the Owner and which the Consultant

know to be false.

(d) If as the result of Force Majeure, the Consultant is unable to perform the

Services for a period of not less than sixty (60) days, or


TENDER FOR



Page | 23

(e) If the Owner, in its own discretion and for any reason whatsoever, decides to

terminate this Contract.

BLMCL’s responsibility:

(a) Furnish copy of the site plan, showing the proposed project site, geo-technical

investigation, metrological data and water test report

(b) Provide data, documents, drawings as required by the consultant for performance

of their duties.

(c) Obtain all necessary government and statutory clearances for the proposed Water

Treatment Plant

(d) Arrange for meetings with suppliers/vendors by giving adequate notices for

participation in the meetings.

(e) Accommodation will be provided free of cost by BLMCL in Guest House only, other

accommodation to be borne by the consultant.

(f) Local transport to the consultant.

Any other activity which is not mentioned in BLMCL scope will be in the scope of the

consultant.

31. DELIVERABLE FROM CONSULTANT

a. The draft project report in hard and soft copy.

b. The final project report in hard and soft copy.

c. Submission of tender documents for verification in hard and soft copy.

d. Submission of technical and financial evaluation of all bidders.

e. The draft work order to be awarded in hard and soft copy.

f. Evaluation and Supervision over the successful/actual execution of project.

g. Review of all drawing & documents submitted by EPC contractor.

h. Project Monitoring, inspection and expediting services

i. Preparation of MIS report

32. OTHER TERMS AND CONDITIONS

a. The safety, security, insurance and any other commitments towards the personnel

and equipment deployed or towards any third party shall be your responsibility.

b. All the consumables to be procured by you.

c. Transportation and loading unloading of equipment and material will be included in

the total contract value, if any required and no additional claim in this regard would

be entertained by BLMCL.

d. The work shall be executed under supervision and direction of BLMCL.

e. You shall comply with all conditions of Minimum Wages Act, Workmen

Compensation Act and any other statutory provision applicable at the time of

execution of contract.


TENDER FOR



Page | 24

f. In case of any dispute or difference between the Parties arising out of or pertaining

to this contract shall be resolved by Arbitration by a sole Arbitrator, to be appointed

by the MD, BLMCL. The contractor expressly waives its right to question the

appointment of the sole arbitrator on the ground that the Appointing Authority is the

MD, BLMCL. The Arbitration shall be conducted in accordance with the provisions

of the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Jaipur


TENDER FOR



Page | 25

Schedule – 1

TIME SCHEDULE FOR THE ACTIVITIES

Following are the proposed time schedule

The work for stage-1 and 2 will commence simultaneously.

Draft DPR within 21 days from the date of issue of LOI.

Submission of Final DPR within 7 days from the date of receipt of

suggestions/comments on the draft DPR

Preparation of tender documents within 15 days from the date of submission to

Draft DPR Report.

Submission of Final Tender documents within 7 days from the date of receipt of

suggestions/comments on the draft tender documents.

Submission of the draft bid evaluation report 7 days after the last date of submission

of the bids

Submission of the final bid evaluation report 7 days after the date of receipt of

comments from the owner.

Submission of draft work order after 7 days of Final Bid evaluation

Submission of final work order after 7 days of receipt of comments from owner

Note:

1. Owner wishes to award of work order within 2 months of finalisation of tender

documents.

2. Completion of execution of WT Plant work as per awarded work order period.

However

It is presumed that the WT Plant commissioning will take approx. 12-15 months’ time from

the date of placing the work order to the successful bidder. The contract period will

coincide with the period of commissioning of the WT Plant subject to all terms and

conditions fulfilled like performance guarantee, performance parameters, stabilization of

plant etc.


TENDER FOR



Page | 26

Schedule–2

Schedule of prices

Barmer Lignite Mining Company Limited - Barmer

Price Bid for Engineering Consultancy Services for 15 MLD Water Treatment Plant

Sr No

Description UOM QTY Amount

1

Stage1: Pre-order engineering a. Preparation of Detailed Project Report and

recommendation of best suited process considering lowest total cost of ownership for the life cycle of the project.

b. Estimation of project cost, O&M cost and time schedule for the project.

c. Preparation of conceptual scheme, technological parameters, system design, sizing & selection of equipment and associated facilities.

d. Preparation of proposed plant conceptual flow sheet and basic engineering drawing.

Lumpsum 1 15% of total

price

2

Stage2: Assistance for Ordering a. Preparation of bid document including scope of work

and technical specification for the bid. b. Scrutiny and evaluation of the technical offer of

bidders, discussion with the bidders as required, obtaining clarifications and submitting recommendations for finalization & placement of orders.

c. Scrutiny of the contract document submitted by successful WTP bidder, discussion with the Owner in order to firm up performance parameters, scope of work and other interfacing requirements.

Lumpsum 1 15% of total

price

3 Final Evaluation of work after erection Lumpsum 1 70% of total

price

*Note - Detailed scope is attached in Annexure Total

Taxes applicable

Withholding Tax

Service Tax @ 12.36 %

Total ( Including Taxes)

TERMS AND CONDITIONS

1 Completion period

12 Months

2 Price Basis

Quoted prices should remain firm till the completion of contract and not subject to any escalation/ variation whatsoever in nature etc.


TENDER FOR



Page | 27

3 Payment Terms

The terms of payment under this contract shall be as below: Stage-1 1. 30% on submission of draft DPR 2. 70% on submission of final DPR

after incorporating owners comment

Stage-2 1. 30% on submission of the final

tender document with all the drawings and the Annexure.

2. 70% on submission of the final work order

Stage-3 For Review works 100% on successful completion of awarded work and PG test Bidder will offer price for each stage. Mode of payment: A retention amount of 10% will be deducted from each bill. It will be released at the end of contract on successful completion of all activities in all respect. Alternatively, the contractor shall submit Bank Guarantee for similar amount having its validity of the entire period of the contract + 3 months. Running bills to the extent of 90% shall be payable within 30 days from the date of receipt of the bills after deducting: a. Income Tax as per the provision of

Income Tax Act. b. Any expenses incurred on behalf of

consultant, which is in scope of consultant.

c. Other deduction (if any, as applicable)

All payments shall be made on submission of pre-receipted Bills to Barmer Lignite Mining Company Limited (BLMCL) by the Consultant in Duplicate after completion activities above.

4 Performance Guarantee

The performance guarantee for a value of 10% of the contract price shall be submitted by the consultant within 3


TENDER FOR



Page | 28

weeks of award of contract valid till contract period + 3 Months.

5 Taxes

The Consultant shall be liable and responsible for payment of all Income Tax and all other taxes (except Service Tax), which may be levied on the fees/payments received from the Owner under the terms of this contract and shall keep the Owner harmless against any claim/liabilities and outgoing in this behalf. The Service Tax, as per applicable government notification, shall be to Owner’s account.

6 Contract Effectiveness

LOI date

7 Limit of liability 100% of the Contract price

8 Insurance

The Consultant, at its own cost, shall arrange, secure & maintain insurance as may be necessary for all such amounts to protect its interests. The insurance coverage shall be adequate to cover all contingencies.

9 Price Validity 12 Months for repeat order

10 Offer Validity 120 days


TENDER FOR



Page | 29

Annexure–1

GENERAL FINANCIAL & COMMERCIAL PARTICULARS OF BIDDER

1.0 Name & communication details

1.1 Full legal name of candidate firm

1.2 Registered Office address

1.3 Telephone / Mobile

1.4 E-Mail

1.5 Tele fax

1.6 Person to be contacted

2.0 Nature/Status of Candidate firm (whether sole Proprietary/

Partnership/Private Limited / Public Limited/Public Sector)

3.0 Do you anticipate any change in the Proprietorship during

proposed period of work

No/Yes

If yes, define scope and effect: thereof.

4.0 Financial Details

4.1 Enclosed 6 copies each of

(a)Balance Sheets and Profit & Loss Accounts for past 3

years

(b)Income tax clearance certificate.

4.2 Share capital at the time of formation

a) Authorized

b) Paid-up

4.3 Share Capital at present

a) Authorized

b) Paid-up

4.4 Indicate projected turnover for the current year & next year

4.5 Name & address of Bankers

5.0 Give adequately detailed write-up on

5.1 Design and Engineering organization and facilities /

capabilities

Signature ------------------

Name ------------------

Seal of the Company Designation ------------------

Date ------------------


TENDER FOR



Page | 30

Annexure–2

INFORMATION IN RESPECT OF BIDDER EXPERIENCE

1. Brief Description of the firm:

2. Outline of recent experience on assignments of similar nature:

Sr.

No.

Name

of

project

Capacity

of Unit

Scope of

consultancy

Order

details

and amount

Date of

Commissioning

Unit in

Service

for

minimum

last two

year (

Yes/No)

Experience

certificate

attached

(Yes/No)

1 2 3 4 5 6 7 8

NOTE: Please attach certificates from the utility by way of documentary proof.

1. Regarding Col.4, please attach the details of works included under each assignment.

2. Regarding Col. 8, documentary evidence from the client, for satisfactory completion shall be

enclosed.

Signature ------------------

Name ------------------


Date ------------------


TENDER FOR



Page | 31

Annexure–3

A. WORK PLAN TIME SCHEDULE (PERT Chart)

S.

No.

Item Week wise Program

1st 2nd 3rd 4th 5th 6th ……

B. A detailed note on the line of approach and methodology outlining various steps for

performing the services

(Please attach detailed document along with the proposal)

Signature ------------------

Name ------------------


Date ------------------


TENDER FOR



Page | 32

Annexure–4

SUGGESTED FORMAT OF CURRICULUM VITAE FOR MEMBERS OF CONSULTANT’S

TEAM

1. Name :

2. Profession:

3. Present Designation:

4. Years with Firm : ___________ Nationality ______________

5. Areas of Specification

6. Proposed Position on Team:

7. Key Qualification :

(Under this heading, give outline of staff member's experience and training most

pertinent to assigned work on proposed team. Describe degree of responsibility held by

staff member on relevant previous assignments and give dates and locations. Use up to

half- a - page)

8. Education :

(Under this heading, summarize college / university and other specialized education of

staff member, giving names of Institutes / colleges etc. dates attended and degrees

obtained. Use up to a quarter page)

9. Experience:

(Under this heading, list all positions held by staff member since graduation, giving dates,

names of employing organization, title positions held and location of assignments. For

experience in last ten years also give types of activities performed and client reference,

where appropriate. Use up to three quarters of a page)

10. Languages :

(Indicate proficiency in speaking, reading and writing of each language by 'excellent’

‘good’ or ‘poor’)

Signature of Staff Member:

Signature of the Bidder: _____________________

Seal of the Company Name: ___________________

Designation: ______________

Date: __________________


TENDER FOR



Page | 33

Annexure–5

PROFORMA FOR BANK GUARANTEE FOR BID SECURITY (EARNEST MONEY)

(To be stamped in accordance with Stamp Act)

REF. NO_____ BANK GUARANTEE NO.______ DATED_______ To, Barmer Lignite Mining Company Limited, Office No. 2 & 3, 7th Floor Man Upasana Plaza C-44, Sardar Patel Marg, C-Scheme, Jaipur – 302001 (INDIA) Dear Sirs, 1. Whereas Barmer Lignite Mining Company Limited, incorporated under the Companies

Act 1956 having its registered office at Khanij Bhawan, Udyog Bhawan Campus, C–Scheme, Jaipur–302 005 (hereinafter called "BLMCL" which expression shall unless repugnant to the context or meaning thereof include all its successors, administrators, executors and permitted assigns) has floated a Tender No ____ and M/s ____ having Head/Registered Office at _____(hereinafter called the "Bidder" which expression shall unless repugnant to the context or meaning thereof mean and include all its successors, administrators and executors and permitted assigns) have submitted a Tender reference No.______ and Bidder having agreed to furnish as a condition precedent for participation in the said tender an unconditional and irrevocable Bank Guarantee of Indian Rs.______ (in figures) (Indian Rupees_____(in words) (“Bank Guarantee Amount”) for the due performance of Bidder's obligations as contained in the terms of the Notice Inviting Tender (NIT) and other terms and conditions contained in the Bidding Documents supplied by BLMCL.

2. We______ (Name of the Bank) registered under the laws of India having head/registered office at________ (hereinafter referred to as "The Bank" which expression shall, unless repugnant to the context meaning thereof, include all its successors, administrators, executors and permitted assigns) guarantee and undertake to pay immediately on receipt of first demand by BLMCL, up to the maximum aggregate amount of Indian Rs.______(in figures) (Indian Rupees_____) (in words) at any time without any demur, reservation, contest, and recourse or protest, and without BLMCL having to substantiate the demand, pay BLMCL forthwith and in full without any deductions or set-offs or counterclaim whatsoever the sum as claimed by BLMCL in such Demand, or such lesser sum which in aggregate with all sums previously paid hereunder shall not exceed an amount equivalent to the Bank Guarantee Amount. Any such demand made by BLMCL shall be conclusive and binding on the Bank irrespective of any dispute or difference raised by the Bidder.


TENDER FOR



Page | 34

3. BLMCL may make an unlimited number of Demands under this Bank Guarantee provided that the aggregate of all sums paid under paragraph 1 shall not exceed the Bank Guarantee Amount.

Bank shall not be in any way be released or discharged from any liability hereunder by the insolvency winding up, reorganisation, amalgamation or liquidation of the Bidder (including any appointment of a receiver, administrator, administrative receiver or supervisor of the Bidder or any of its assets) nor any dispute or disagreement whatsoever between BLMCL and the Bidder or any other person, or any liquidator or any other person and the obligations of Bank hereunder shall be continuing and shall remain in full force and effect. Bank shall indemnify BLMCL immediately on demand against any cost, loss or liability suffered by BLMCL as a result of the obligation to pay in accordance with Bank Guarantee being or becoming unenforceable, invalid or contrary to the laws of India (except in the case of a fraudulent demand).

Any demand, notice or other communication given in connection with or required by this

Bank Guarantee shall be made in writing (entirely in the English language) and subject to

paragraph ______ shall be delivered by hand to, or sent by pre-paid registered post, or

facsimile transmission to:

BLMCL at:

[Bank ] at:

[address and fax no.] marked for the attention of the [ ];

or such other address as may be notified in writing from time to time.

Any such demand, notice or communication shall be deemed to have been duly served:

(a) if delivered by hand, when left at the property address for service after affixation of

acknowledgement receipt,

(b) if given or made by pre-paid registered post or facsimile transmission, when received,

provided in each case that if the time of such deemed service is either after 5.00 p.m. on a

business day (being a day other than a Sunday or a public holiday on which banks are

open for domestic business in the city of Jaipur) or other than on a business day service

shall be deemed to occur instead at 9.00 a.m. on the next following business day.

The Bank confirms that this Guarantee has been issued with observance of appropriate laws of the country of issue. 4. The Bank Guarantee shall be unconditional and irrevocable and governed and

construed in accordance with Indian Laws and subject to the exclusive jurisdiction

Courts in Jaipur, Rajasthan for deciding any dispute/Arbitration.


TENDER FOR



Page | 35

5. This Guarantee shall be unconditional and irrevocable and shall remain in force up to

_________ which includes three months after the period of bid validity and any

demand in respect thereof should reach the Bank not later than the aforesaid date.

6. Notwithstanding anything contained herein above, our liability under this Guarantee is

limited to Indian Rs. -------- in figures) (Indian Rupees -------) (in words) and our

guarantee shall remain in force until ------------ (indicate the date of expiry of bank

guarantee) (“Expiry Date”).

Any claim under this Guarantee must be received by us before the Expiry Date of this Bank Guarantee. If no such claim has been received by us by the Expiry Date, the rights of BLMCL under this Guarantee will cease. However, if such a claim has been received by Bank by the Expiry Date, all the rights of BLMCL under this Guarantee shall be valid and shall not cease until we have satisfied such claim. In witness whereon, the Bank through its authorized officer has set its hand and stamp on this........ day of ........ at .........

(SIGNATURE) Full name, designation and official address

(in legible letters) with Bank Stamp Attorney as per power of Attorney No ....... Date ...........

WITNESS N0.1 (SIGNATURE) Full name and official address (in legible letters) WITNESS NO.2 (SIGNATURE) Full name and official address (in legible letters)


TENDER FOR



Page | 36

Annexure–6

PROFORMA FOR

PERFORMANCE SECURITY FOR THE PERFORMANCE OF THE CONTRACT

(On appropriate Stamp Paper)

REF NO. ________ BANK GUARANTEE NO. _____________ DATED __________ To, Barmer Lignite Mining BLMCL Limited, Office No. 2 & 3, 7th Floor Man Upasana Plaza C-44, Sardar Patel Marg, C-Scheme, Jaipur – 302001 (INDIA) Dear Sirs,

1. In consideration of Barmer Lignite Mining BLMCL Limited incorporated under the Companies Act 1956 having its registered office at Khanij Bhawan, Udyog Bhawan Campus, C–Scheme, Jaipur, Rajasthan (hereinafter referred to as BLMCL" which expression shall unless repugnant to the context or meaning thereof includes all its successors, administrators, executors and assigns) having entered into a Contract No……….. dated…. (hereinafter called "The Contract" which expression shall include all the amendments thereto) with M/s ---having its registered/head office at -----(hereinafter referred to as “Successful Bidder”) which expression shall, unless repugnant to the context or meaning thereof include all its successors, administrators, executors and assigns) Pursuant to the Contract Successful Bidder is required to procure Performance Bank Guarantee in favour of BLMCL guaranteeing due performance of the obligations of the Successful Bidder under the Contract. The value of the Performance Bank Guarantee shall be from the date hereof an amount equivalent to Rs………………………….. only (“Performance Guarantee Amount”) from the date hereof until the expiry date.

2. We -------(name of the Bank) registered under the laws of ------------ (name of the country) having head/registered office at ------- (hereinafter referred to as "The Bank") which expression shall, unless repugnant to the context or meaning thereof include all its successors, administrators, executors and permitted assigns) do hereby guarantee and undertake to pay immediately on first demand in writing and any/all moneys to the extent of Indian Rs.10.00 Million (Rupees Ten Million) only (Contract Performance Guarantee Amount) without any demur, reservation, contest or protest and/or without any reference to the Successful Bidder. Any such demand made by BLMCL on the Bank by serving a written notice shall be conclusive and binding, without any proof, on the bank as regards the amount due and payable, notwithstanding any dispute(s) pending before any Court, Tribunal, Arbitrator or any other authority and/or any other matter or things whatsoever, as liability under these presents being absolute and unequivocal. We agree that the guarantee herein


TENDER FOR



Page | 37

contained shall be irrevocable. This guarantee shall not be determined, discharged or affected by the liquidation, winding up, dissolution or insolvency of the Successful Bidder and shall remain valid, binding and operative against the Bank. Any demand, notice or other communication given in connection with or required by this Bank Guarantee shall be made in writing (entirely in the English language) and subject to paragraph ___ shall be delivered by hand to, or sent by pre-paid registered post, or facsimile transmission to:

BLMCL at:

[Bank ] at:

[address and fax no.] marked for the attention of the [ ];

or such other address as may be notified in writing from time to time.

Any such demand, notice or communication shall be deemed to have been duly served:

(a) if delivered by hand, when left at the property address for service after affixation of acknowledgement receipt,

(b) if given or made by pre-paid registered post or facsimile transmission, when received, provided in each case that if the time of such deemed service is either after 5.00 p.m. on a business day (being a day other than a Sunday or a public holiday on which banks are open for domestic business in the city of Jaipur) or other than on a business day service shall be deemed to occur instead at 9.00 a.m. on the next following business day.

BLMCL shall have the unqualified option to operate this Contract Performance Bank Guarantee to recover Liquidated Damages as leviable under the Contract. In such case the Bank Guarantee amount shall be increased to the original amount by Successful Bidder or Successful Bidder may alternatively submit fresh Bank Guarantee for an amount equivalent amount of Liquidated Damages recovered by BLMCL, with in one month of recovery of such Liquidated damages.

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

Bank shall not be in any way be released or discharged from any liability hereunder by the insolvency winding up, reorganisation, amalgamation or liquidation of the Successful Bidder (including any appointment of a receiver, administrator, administrative receiver or supervisor of the Successful Bidder or any of its assets) nor any dispute or disagreement whatsoever between BLMCL and the Successful Bidder or any other person, or any liquidator or any other person and the obligations of Bank hereunder shall be continuing and shall remain in full force and effect. Bank


TENDER FOR



Page | 38

shall indemnify BLMCL immediately on demand against any cost, loss or liability suffered by BLMCL as a result of the obligation to pay in accordance with Performance Bank Guarantee being or becoming unenforceable, invalid or contrary to the laws of India (except in the case of a fraudulent demand).

4. The Bank further agrees that BLMCL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Contract or to extend time of performance by the said Successful Bidder(s) from time to time or to postpone for any time or from time to time exercise of any of the rights vested in BLMCL against the said Successful Bidder(s) and to forebear or enforce any of the terms and conditions relating to the Contract and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Successful Bidder(s) or for any forbearance, act or omission on the part of BLMCL or any indulgence by BLMCL to the said Successful Bidder(s) or any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

5. The Bank further agrees that the Contract Performance Bank Guarantee herein

contained shall remain in full force during the period that is taken for the performance of the Contract and all dues of BLMCL under or by virtue of this Contract have been fully paid and its claim satisfied or discharged or till BLMCL discharges this guarantee in writing, whichever is earlier or until the date of expiry of the claim period specified in para 9 of this Contract Performance Bank Guarantee, whichever shall first occur.

6. This Contract Performance bank Guarantee shall not be discharged by any change

in our constitution, in the constitution of BLMCL or that of the Successful Bidder.

7. The Bank confirms that this Contract Performance Bank Guarantee has been issued with observance of appropriate laws of the Indian Territory.

8. The Contract Performance bank Guarantee shall be unconditional and irrevocable and governed and construed in accordance with Indian Laws and subject to the exclusive jurisdiction Courts in Jaipur, Rajasthan for the purposes of settling any disputes or differences which may arise out of or in connection with this Performance Bank Guarantee, and for the purposes of enforcement under this Bank Guarantee.

9. Notwithstanding anything contained herein above, our liability under this Contract

Performance bank Guarantee is limited to Contract Performance Guarantee Amount and the Contract Performance Bank Guarantee shall remain in force until (indicate the date of expiry of bank guarantee).

Any claim under this Contract Performance bank Guarantee must be received by the Bank before the expiry of this Contract Performance Bank Guarantee. If no such claim has been received by us by the said date, the rights of BLMCL under this Contract Performance Bank Guarantee will cease. However, if such a claim has been received by us within the said date, all the rights of BLMCL under this Contract Performance Bank Guarantee shall


TENDER FOR



Page | 39

be valid and shall not cease until we have satisfied that claim. In witness whereon, the Bank through its authorized officer has set its hand and stamp on this---------- day of --------- at--------

(SIGNATURE) Full name, designation and official address (in legible letters)

with Bank Stamp. Attorney as per power of Attorney No....... Date...........

WITNESS N0.1 (SIGNATURE) Full name and official address (in legible letters) WITNESS NO.2 (SIGNATURE) Full name and official address (in legible letters)