NMDC Ltd., GM (Contracts) / Uniflow / Kirandul /2016 127 Hyderabad NMDC LIMITED (A Government of IndiaEnterprise) "KhanijBhavan', 10-3-311/A, Castle Hills, Masab Tank, Hyderabad -500 028 ‘Telangana. TENDER DOCUMENT (TECHNO COMMERCIAL CONDITIONS) FOR PROVIDING CONSULTANCY SERVICES FOR PREPARATION OF TECHNO- ECONOMIC FEASIBILITY REPORT (TEFR) AND DETAILED PROJECT REPORT (DPR) FOR IMPROVING RAIL DESPATCHES THROUGH UNIFLOW SYSTEM AND LAYING OF THRID LINE FOR INSTALLATION OF SECOND RAPID WAGON LOADING SYSTEM (RWLS) IN MALLINGER VALLEY (MY) SIDING FOR ENHANCING RAIL DESPATCHES UP TO 20.20 MTPA FROM. KIRANDUL COMPLEX. VOLUME -1 _s a‘ Bndial) , News Del. MIS. Howe, Erg 4 Paes C a) , News Tender Enquiry No.: GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Dated: 12.12.2016 Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Unifow system up to 20.20 MTPA from Kirandul Complex. ofNMDC Ltd, GM (Contraets) / Uniflow / Kirandul / 2016 / 127 Hyderabad CONTENTS Sno. [Description ———~«&Y 1 Techno-commercial conditions il Check list ~ 12 Notice Inviting Tender (NIT) 13 Instruction to Bidders (ITB) 14 | Conditions of Contract and Annexure SSS~=«S 2 Technical Specifications (Scope of Services) 3 Price Schedule Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. ' 2 0f 68Hyderabad & NMDC Ltd., GM (Contracts) / Uniflow / Kirandul /2016 / 127 CHECK LIST Bidder shall ensure that all the documents given below have been submitted with the offer: Sl] Document Submitted No. Yes/No A__|Partl 1 Letter of undertaking as per Annexure-1 2 Earnest Money Deposit as per Annexure-2, B | Parti 7 Information about the bidder as per Annexur -3 to the ITB, along with the relevant documents in support of the information provided Details of tumover for last three financial years supported by Audited PRL accounts and Balance Sheets as per Annes 4 3___| Details of works in hand at present as per Annexure — 5 4 | Statement of Exceptions and Deviations taken from tender conditions as per Annexure- 6 5 Organization Set up as per Annexure-7 6 Power of Attorney of signatory to the tender 7 | Qualification and experience of key personnel proposed for administration and execution of the contract. 8B | Account details in order to facilitate payments through e-payment mode. 9 Photocopy of Permanent Account Number (PAN) issued by Income tax | department 10 | Copy of Service Tax Registration Certificate 11 | Complete set of the tender document duly signed and stamped on all the pages in token of its acceptance, (To be submitted in one original) 12 | Amendments / corrigenda / Addenda etc. for the work, if any, issued by the OWNER, duly signed and stamped, by the Bidder. 13 _ | Interpretations / Clarifications on this tender document, if any, issued by the OWNER, duly signed and stamped by the Bidder 14 | Blank / Dummy Price Schedule without indicating the price figures as per Annexure-12, Vol-III duly signed and stamped on all pages for execution of all items as per the specifications / Standards by successful bidder, exactly matching the format of price schedule given in tender document. 15 | Time schedule in the form of BAR CHART / Network proposed by the Bidder for completion of the work within the time specified in Notice Inviting Tender (NIT). Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniffow system up to 20.20 MTPA from Kirandul Complex. 3 0f 68Hydera & MDC Ltd., GM (Contraets) / Uniflow / Kirandul / 2016 / 127 16 | Declaration by the bidder in his letter head that the firm is not blacklisted / | not suspended by any PSU / Govt. body 17 | Copy of certificate / letter issued by NMDC authorities in support of site I visit. 18 | Authorization letter by the bidder in his letter head authorizing NMDC Limited to seek references from bidder's bankers. 19 | Copy of PF registration number - duly allotted by Regional Provident Fund Commissioner (RPFC) along with a copy of latest PF remittance to RPFC (OR) an under taking as per Annexure-10. 20 | Confidentiality Agreement as per Annexure-I1 21 | Any other information the bidder desires to furnish in connection with this tender [22 [Undertaking on a non-judicial stamp paper for obtaining Eco. Railways I __| empanelment validity for two years : Cc Part — III of tender 5 Duly filled in Price Bid (in separare sealed envelope and only original to be submitted). Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 4 0f68Hyderabad co NMDC Ltd, GM (Contraets) / Uniflow / Kirandul / 2016 / 127 ‘Tender mi 1. 3. NOTICE INVITING TENDER (NIT) 10 (Contracts) / Uniflow / Kirandul / 2016 / 127 Dated: 12.12.2016 NMDC Limited a “NAVARATNA CATEGORY”, profit making Govt. of India Enterprise under Ministry of Steel engaged in the mining activities of exploration and exploitation of various minerals other than coal NMDC Limited is India’s single largest iron ore producer operating 3 fully mechanized iron ore mining complexes viz., Bailadila Iron Ore Mine, Deposit no.14/11C & 11B at Kirandul Complex, Bailadila Iron Ore Mine, Deposit - 5 & 10/11A at Bacheli Complex in Chhattisgarh State and Donimalaiand Kumaraswamy Mines (Karnataka State). NMDC Limited has embarked upon an ambitious growth plan of its iron ore production from the present 30 MTPA to 75 MTPA by 2018-19 and 100 MTPA by 2021-22. Accordingly, NMDC initiated steps for augmenting the loading facilities in the Bailadila sector. In this regard, NMDC Limited desires to engage consultant for “Preparation of Techno-Economic Feasibility Report (TEFR) and Detailed Project Report (DPR) for Installation of Uniflow system and laying of 3” line for installatio of 2" Rapid Wagon Loading Sysiem (RWLS) in Mallinger Valley (MY) siding for enhancing rail despatches up to 20.20 MTPA from Kirandul Complex" in line with Augmentation of production capacity of Kirandul Complex, Bailadila, Chhattisgarh. Salient features of the tender enquiry: Tender Enquiry no. & date HO (Contracts) / Uniflow / Kirandul /2016/ 127, Dt: 12.12.2016 Brief scope of work Estimated Cost, Providing Consultancy Services for “Preparation Techno-Economic Feasibility Report (TEFR) and Detailed Project Report (DPR) for Installation of Uniflow system and laying of 3 line for installation of 2” Rapid Wagon Loading System (RWLS) in Mallinger Valley (MV) siding for enhancing rail despatches up to 20.20 MIPA from Kirandul Compl 350 Lakhs Mode of Tender Limited Tender Type of bid Three bid system Time for | Eight months from the date of LAC (Four months each for Completion preparation and obtaining approval from Railways for (i) TEFR and (ii) DPR respectively): . Cost of Tender Document NIL (free of cost, two sets) EMD / Bid Security Rs. 3,50,000/- (Rs. Three Lakhs Fifty Thousand only Validity of the offer to_be_submitted_in Six months from the date of opening of bids. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 5 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad Letter of U/T as per Annexure I Site Visit Refer clause no. 4.0 of ITB Last date for | On or before 03:00 PM IST on 04.01.2017 submission of bid Due date & time for | At 03:30 PM IST on 04.01.2017 opening of bids (Refer Cl. 8.0 of ITB) Address for General Manager (Contracts) submission of Bid NMDC Limited,Contracts Dept., IV Floor, 10-3-31 1/A, Khanij Bhavan, Masab Tank, Hyderabad, PIN_500 028. 5. Eligible Bidder: NMDC Tender Enquiry i vites bids from domestic bidders to whom this Limited sued. Bid from Consortium / Associate are not applicable. 6. For Further details on the bid or clarifications if any, the foliowing officer can be contacted: General Manager (Contracts) NMDC Limited, KhanijBhavan, 10-3-311/A, Castle Hills, Masab Tank, Hyderabad 500028 Phone: 040 23590449 Fax: 040 23534746 Email: contracts@nmde.co.in 7, NMDOC reserves the right to accept or reject any and all the bids without assigning any reasons thereof. NMDC also reserves the right to call for any other details and information from any of the bidders. 8. NMDC does not bind itself to accept the lowest or any bid and may cancel / withdraw the bid without assigning any reason and no claim whatsoever, for any reason arising ovt of such action, will be entertained by NMDC. For and on behalf of NMDC Limited & soe Executive Director (Engg. &Proj.) Providing Consultancy services for preparalio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 6 of 68NMDC Ltd., GM (Contracts) / Uniftow / Kirandul / 2016 / 127 Hyderabad 1.0 2.0 2A INSTRUCTIONS TO BIDDERS (ITB) SCOPE OF SERVICES: Please refer Volume-II of tender document for detailed Technical Specification and scope of services. The Scope of Services shall include, but not be limited to as indicated in ‘Technical Specification’, Volume-II of tender documents. EARNEST MONEY DEPOSIT (EMD) EMD of Rs. 3,50,000/- (Rs. Three Lakhs Fifty Thousand) only as specified in NIT shall accompany the tender in Part I of the tender as tender guarantee. The Tender Guarantee offered should be in one of the following forms: a) A crossed bank draft in favour of NMDC Ltd. payable at Hyderabad from any Nationalised Indian Bank J cheduled Commercial Bank including a foreign bank having a branch in India. (OR) b) An irrevocable Bank Guarantee of any Nationalised Indian Bank / Scheduled Commercial Bank including a foreign bank having a branch in India in favour of NMDC Ltd. Hyderabad. Pro-forma of the Bank Guarantee is enclosed as Annexure-2 to these Instructions to Bidders, valid for a period of nine (9) months (six months + three monthsclaim period) from the ue date of submission of tender. Note: Earnest Money deposited in any other form will not be accepted and the tender will be rejected. 2.2 The EMD will be forfeited if, (a) The Bidder modifies / withdraws his offer after due date and time of submission of the bids (b) The bidder resiles from his offer during the validity period. (c) The tender is revoked during its validity period by the bidder. (d) The validity of the BG is not extended / not kept valid for a period of three (3) months beyond the extended validity of the offer (©) The bidder increases the prices unilaterally after the opening of tender and during the validity period of the tender. (£) The successfil bidder does not submit the duplicate copy of Letter of award of Contract issued within 15 (fifteen) days from the date of issue as a token of acceptance. (g) Subsequent to acceptance of the Letter of Award of Contract by the successful bidder. the bidder refuses to enter into Contract Agreement within the specified time or its authorised extensions. (h) The successful bidder fails to submit the BG towards the Contract Performance Guarantee within the period specified. (i) The bidder does not accept correction of the Bid Price, pursuant to the provisions of tender document on Discrepancies and Adjustment of Errors / Corrections of Errors. Providing Consultaney services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 7 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad 23 24 Exemptions for EMD: Following benefit will be extended to MSE units registered for the tendered items with NSIC, MSE's registered with DIC/KVIC/Coir Board/ KVIB/DHH ete.: i. Exemption from payment of Earnest Money a) Central Government Departments / PSU will not be granted any exemption from submission of EMD / Security Deposit or any price preference. b) No price preference will be extended to the participating MSE as work cannot be split. Note: For seeking exemption towards EMD, the bidders are advised 10 submit the certificate from relevant authorities as mentioned above well in advance. MSE desirous of claiming exemptions as per above clause of Tender document, should send copies of their registration certificate to the tender receiving authority of NMDC well in advance to the due date for submission of tenders for examining their scope of registration with reference to the tendered items as per the scope of work relating to these tender documents, so as to enable NMDC to verify and confirm whether the party is eligible for the benefit or not. NMDC's decision with regard to acceptability of claim of a party for the specified exemptions shall be final and binding. The correspondence in this regard should be forwarded in three (3) copies to GM (Contracts), NMDC Limited, 10-3-311/1, KhanijBhavan, Castle Hills, Masab Tank, Hyderabad ~ 500 028 (fax no; 040-23534746) along with a scanned copy of party's registration certificate by email to. contracts@nmade.co.in. In consideration of the Owner considering the Tender for purpose of award, the bidder shall keep his tender valid for a period of six months from the last date of submission of the tender, during which period the bidder agrees not to vary, alter or revoke his tender as a whole or in part. If the bidder, however, fails to keep his tender valid for six months or varies it during the period then the Owner shall be entitled to forfeit the EMD amount without any notice or proof of damages, etc. ‘The EMD shall be made payable without any condition to the Owner ‘On Demand The EMD shall be valid for a period of three months beyond the validity of the tender offer i.e. nine months from the due date of submission of the tender. In case of extension of validity of the offer, the BG submitted towards EMD will also to be extended for a further period of ninety daysbeyond the extended period of validity of offer in absence of which validity extension shall not be considered. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 8 of68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul /2016 /127 Hyderabad 25 26 27 28 29 2.10 211 In case the bidder is requested to extend the validity of the offer, the bidder may refuse the request in writing. In such a case the bidder's offer will be rejected and the EMD submitted by the bidder shall be returned within 15 days on bidder's request. ‘The EMD shall be retuned within 15 (Fifieen) days to those are not found techno commercially acceptable after scrutiny. ders whose offers The EMD of those bidders whose offers are found techno commercially acceptable after scrutiny but are unsuccessful after price bid opening, their EMD shall be returned within 15 days after award of work The EMD of the sucessful bidder to whom the contract is awarded will be returned after the said bidder provides the Contract Performance Guarantee and signs the Contract Agreement. In case any bidder submits the EMD by way of Bank Draft/bankers cheque the EMD amount will be refunded by cheque / e-payment, If the successful bidder fails or refuses or does not to submit Contract Performance Guarantee & Contract Agreement in accordance with clause as specified in tender documents within 36 days after the date of issue of Letter of Award of Contract, then the EMD amount will be forfeited by the Owner, without any notice or proof of damages, ete. No interest will be payable by the Owner on the EMD 3 ISSUE OF BID DOCUMENT a) Tender documents are issued free of cost to the parties shortlisted for issue of this Notice Inviting Enquiry (NIT) at their respective postal addresses as available with NMDC. NMDC will not be held responsible for any delay or loss of tender document. b) The tender documents are issued in two copies to enable bidder to submit one copy of the tender document duly signed on all pages along with seal as token of unconditional acceptance of the same and the other one for their use. ©) The tender document / NIT shall also be hosted at the Central Public Procurement portal www.eprocure.qov.in and can be assessed by clicking under “latest active tenders”. 4) In case of tender document and / or corrigenda downloaded from website, it may be noted that the tender document and / or corrigenda downloaded from Central Public Procurement portal www. eprocure.gov.in shall only be considered as authentic, Tender documents downloaded from any other source J website are liable for rejection Providing Consultancy services for preparatio af TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 9 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad 4 SITE VISIT: a. The intending bidderis required to visit the site, at their own responsibility and cost to understand the scope of work and acquaint themselves of the prevailing local conditions before submitting their bid, Bidder shall not have any claims against NMDC on these counts at any time. Site visit certificate issued by the authorized official of NMDC at site is required to be submitted by the bidder along with the offer. Following officials / Project Head of NMDC may be conti site visit certificate by prospective bidders: cted for obtaining General Manage (Kirandul) Bailadila Iron Ore Mines, BIOM, Kirandul Complex, P.O. Kirandul, Dantewada Dist., Chhattisgarh - 494 556 Tel.: 07857 ~ 255 222. Fax:07857 — 255 227 b. It will be imperative on each bidder to fully inform himself of all local conditions and factors which may have any effect on the execution of the works covered under these bid documents and specifications. The Owner shall not entertain any request for clarifications from the bidders, regarding such local conditions. c. It must be understood and agreed that such factors have been properly investigated and considered while submitting the proposal. No claim for financial adjustment to the contract awarded will be entertained by the Owrer on this account. Neither any change in the time schedule of the Contract nor any financial adjustments arising thereof shall be permitted by the Owner, which are based on the lack of such clear information or its effect on the cost of the works to the bidder. 5 MANNER OF PREPARATION OF THE TENDER: An iniending BIDDER shall enclose the following documents along with the TENDER PROPOSAL: 5.1 The following documents duly filled in and signed with date and seal on each page by the bidder shall be submitted as PART I of the Tender proposal: 5.1.1 Letter of Undertaking: Thi per Annexure =I cribed Pro-forma as hall be submitted in the pres Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Unifiow system up te 20.20 MTPA from Kirandul Complex. 10 of 68& NMDC Ltd, GM (Contracts) / Uniflow / Kirandul /2016 /127 Hyderabad 5.1.2 Earnest Money Deposit (EMD). This shall be in the form of and value as specified 5.2 5.2.9 .10Copy of v: in the Notice inviting Tender and Instructions to Bidder. The following documents duly filled in and signed with date and seal on each page by the bidder shall be submitted as PART Il of the Tender proposal Full information about the bidder. This shall be in the prescribed format as per Annexure-3. Detai bout the turnover: This shall be furnished in the format as per Annexure-4 Details of qualification and experience of key personnel proposed for administration and execution of contract. Details of concurrent assignments at present as per Annexure-5. Statements of Exceptions and Deviations taken from the tender conditions: This shall be furnished in the prescribed pro-forma as per Annexure ~ 6, indicating therein the exception and deviations taken from the tender conditions by the bidder, but without indicating the rates and cost thereof. Deviations indicated elsewhere i.e. at places other than the Annexure- 6 as submitted in Part-II of offer as mentioned above, shall not be considered and shall be ignored. Organization set up: This shall be furnished in the prescribed Performa as per Annexure-7. BLANK / DUMY PRICE SCHEDULE exactly as per the format of ‘Price Schedule’, Annexure-12 of Volume-III given in tender document, to be signed & stamped and submitted by the bidder “withou’ quoting the rate” but indicating Quoted / Not Quoted. Latest (not earlier than six months from the due date of submission of tender) Power of Attorney (PoA) of the signatory of the tender in original or duly attested by a Notary Public. The Power of Attorney should be executed on non-judicial stamp paper of value not less than Rs.50/-. Copy of Permanent Account Number (PAN) issued by IT department and Se Tax number. PF registration number allotted by RPFC and copy of latest PF remittance to RPFC. In case the bidder does not possess the PF registration number at the time of submission of tender, then such bidder has to give an undertaking in the prescribe pro-forma as per Annexure-10 on a non-judicial stamp paper of value not less than Rs, 100/- (Rs. One Hundred only) stating that, “within one month from the date of issue of Letter of Intent / Letter of Award of Contract, bidder shall obtain PF code number and submit a copy of the same to NMDC”. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 11 of 68NMDC Ltd, GM (Contraets) / Uniflow / Kirandul / 2016 / 127 Hyderabad 5.2.11 5.2.12 $2.13 5.2.14 5.2.15 5.2.19 5.2.20 5.2.21 5.2.22 Audited Profit and Loss Account and Balance sheet for the last three financial years. Copy of tender document duly signed and stamped on all pages as a token of acceptance of the same (this has fo besubmitted only in Original offer and not in the copies), Amendments / corrigenda / Addenda ete. for the work, if any, issued by the OWNER, duly signed, by the bidder. Interpretations / Clarifications on this tender document, if any, issued by the OWNER, duly signed by the bidder. Time schedule in the form of BAR CHART / NETWORK for completion of whole work as per the “Scope of Services” indicated in technical specification of tender document, Copy of certificate issued by the Project Head for having visited the site. Account details of the bidder in order to facilitate payments through e-payment mode, Declaration to be bidder in his letter head that the firm is not blacklisted / not suspended by any Govt. / PSU body. ist of Information regarding any litigation, current or during last five years in which the bidder is involved and the parties concerned and disputed amount. If nil, please give nil statement. Confidentiality agreement as per Annexure-11. Any other information the bidder desires to furnish in connection with this tender about competence, which he thinks is necessary for his offer. He is however advised not to attach superfluous information. No further information will be entertained after the bid is submitted, unless Owner calls for it If the Consultant is an individual or proprietary firm, the bid shall be signed by the individual / proprietor above the full typewritten name and current address. [n the event of the bid being submitted by a partnership firm, it must be signed separately by each Partner thereof or in the event of absence of any partner, it must be signed on his behalf by a person holding a power-of attorney authorizing him to do so, such power of attorney to be produced with the bid, and it must disclose that the firm is duly registered under the Indian Partnership Act. A certified copy of the partnership deed, Form “A” from Registrar of Firms and current address of all the partners of the firm shall also accompany the bid. If the Consultant is a limited company the bid shall be signed by a duly authorized Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 12 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kérandul / 2016 / 127 Hyderabad 6.1 623 person holding power of attorney for signing the application.The power of attorney shall be on non-judicial stamp paper of appropriate value and attested by Notary Public and its attested copy sha | be furnished with the bid. The Bidder should also furnish a copy of the memorandum of articles of association duly aitested by a Public Notary and it must disclose that the Company is duly registered under the Indian Companies Act, 1956. Part III - Price Bid: Part III of the tender document is Price Bid. Price Schedule (Volume-II) of the tender duly filled in and signed and stamped with seal on all pages by the bidder shall be submitted separately in a sealed envelope as Part III of the Proposal MANNER OF SUBMISSION OF TENDER ‘The bidders shall prepare one original and two (2) photocopies of the offer documents by typing or printing with indelible black ink on white paper in sequentially numbered pages and be in solid / spiral binding containing the form of tender and shall be signed & stamped on all pages by a person or persons duly authorized to sign on behalf of the Bidder.All corrections are to be attested. All pages, of the tender where entries or amendments have been made shall be ialed by the person or persons signing the tender. Each bidder shall submit his proposal one in original together with two (2) copies thereof and clearly marked ‘ORIGINAL? and ‘COPY? as appropriate. In case of discrepancy between original and copy, original shall prevail. However, the price bid should be submitted only in original and no copies of price-bid should be submitted.The bidder's tender and the documents attached thereto shall be considered for forming part of the contract documents. Tender shall be submitted in three parts- Part-I, Part-II & Part-IIT as indicated below: PART I: Shall include the following (and shall be submitted in one original plus two photocopies): ‘Letter of Undertaking & EMD: Letter of Undertaking and EMD in the form of demand draft or bankers cheque in case of local parties as prescribed. MSE bidders seeking exemption from submission of EMD as per provisions indicated vide clause 2.3 of ITB shall submit the copy of relevant registration certificate for the ‘Tendered Item’ as per scope of work of the tender and copy of confirmation / verification letter, if any issued by NMDC to a party, in Part-I of, tender. Part-I! shall include the following (and shall be submitted in one original plus two photocopies): ‘TECHNO-COMMERCIAL OFFER’: The technical offer and commercial Conditions and blank format of Price Schedule (i.e. without indicating any rate or Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up (0 20.20 MTPA from Kirandul Complex. 13 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul /2016 / 127 Hyderabad 623 624 625 63 64 65 amount). The ‘Techno-Commercial Offer’ has to be prepared in solid / spiral bound. Part-II —‘Priee Offer? — shall include the Price Schedule duly filled in. The ‘Price Offer’has to be submitted only in original in a solid / spiral bound and submitted in a separate sealed envelope. The three parts of the offer i.e. Part-I (One original + two photo copies), Part-I (One original + to photo copies) and Part-III (original only) as indicated above shall be placed in three separate sealed envelopes super scribed on top as PART- ‘Letter of Undertaking & EMD, PART-I- ‘TECHNO-COMMERCIAL OFFER’ and PART-III-‘PRICE OFFER’ respectively. These sealed envelopes shall then be put together in another outer envelope and sealed while super scribing the tender number, name of the work, due date & time of tender submission and name & address of the bidder along with Fax and Telephone number, on the envelope. Tender as aforesaid must be submitted at the address and by the time and date mentioned in the Notice Inviting Tender The envelopes containing tenders shall be addressed to Owner at the following, address: General Manager (Contracts), NMDC Ltd., Contracts Department, IV Floor, 10-3-311/A, CASTLE HILLS, MASAB TANK, HYDERABAD — 500028, and bear the following identification: - Tender for the work of “ [Name of work], -Tender Enquiry No.:GM (Contracts) / Uniflow / Kirandul / 2016 / 127 dated 12.12.2016 [tender number}, -04.01.2017: 15:00 hours [Due date and time for tender submission], - Name and address of bidder: The bidder has the option of sending the bid by registered post / speed post / courier or by submitting the bid in person, so as to reach by the date and time indicated in the NIT. Bids submitted by telex / telegram / fax will not be accepted. Bids received after the stipulated date and time will not be accepted. The bids shall be submitted to General Manager (Contracts), NMDC Limited, KhanijBhavan, 10-3-311/A, Castle Hills, Masab Tank Hyderabad 500028 on or before 15:00 hours Indian Standard Time on 04.01.2017. Alternately the bidders can drop their bid in the ‘fender box" located in Contracts Department at IV Floor of NMDC Limited on or before 15:00 hours IST on. 04.01.2017. In case the bid is very bulky and cannot be dropped in tender box, then the bid can be handed over to the following officials of Contracts Department (Eng neering Division), NMDC Limited Head office,KhanijBhavan: a) Mr. D. Dastagiri, Jr. Steno to GM (Contracts) [IV Floor, NMDC,HO] b) Mr. R. Srinivasan, DGM (Mech.), Contracts [IV Floor, NMDC, HO} Providing Consultancy services for preparalio_ of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 14 of 68NMDC Lta., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad Bids received at NMDC after due date and time will not be considered for opening. Decision of NMDC in this regard shal! be final. If the date for any activity indicated in the bid document happens to be a holiday or a non-working day, for any reason, then the next working day will be automatically taken as the date for sach activity. 7 RECEIPT OF TENDER 7.1 Tender shall be submitted to the address mentioned at sl. no.: (04) of NIT, Volume - 1 of tender document, The bidder has the option of sending the tender by Speed post or by registered post or by courier, however, only in sealed cover so as to reach the tender receiving authority on or before the due date and time set out in the NIT for its submission. Tender submitted by FAX / TELEX / TELEGRAM / E- MAIL will aot be accepted. Late / delayed tenders shall not be accepted under any circumstances after the due date and time of submission of tenders. The Owner will not be responsible for postal / speed post / courier loss or delay. 8 TENDER OPENING Part-I of the bids will be opened at NMDC Limited, Hyderabad on 04.01.2017 at 15:30 hours IST in the presence of authorized representative of bidders who may choose to be present Envelopes marked “BID WITHDRAWAL NOTICE” shall be opened and read out first. Bids for which an acceptable notice of withdrawal has been submitted pursuant to Cl. 17.0 below (Modification and Withdrawal) shall not be opened. Envelopes marked “BID MODIFICATION NOTICE” shall not be opened at this stage and kept separately along with the envelope marked ‘Price-bid’ (ie. Part-II of offer) of the bidder concerned. On opening of the bid, if Earnest Money Deposit (EMD as per relevant clause of ITB) and Letter of Undertaking as per Annexure I to ITB are not found in Part-1 of the bid and duly sealed price bid in separate envelope, i.e. Part-II of the bid is not found, such bids shall be considered as unresponsive and summarily rejected. Part-I! of such unresponsive bids will not be opened. Part-II of all other bids, which are otherwise found responsive, except for any discrepancies such as typographical errors / omissions / deletions! page(s) not signed etc. in Part-I of documents, will be opened on the same date and venue subsequently. However in case of any discrepanejes as mentioned above in Part-I documents, the bidder shall submit the revised / corrected documents on intimation Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 15 of 68NMDC Ltd., GM (Contraets) / Uniflow / Kirandul / 2016 / 127 by Employer failing which their bids are liable for rejection. NMDC’s decision in this regard will be final. 9 LANGUAGE OF THE TENDER: All information in the Tender shall be in English. Information in any other language shall be accompanied by its translation certified by Notary in English language. Copy of all documents in English language shall govern. Tender Discussions: During the processing / evaluation of the tender proposals, the bidder may be required to attend the Owner's office for discussions / clarifications / presentation. Bidder, on request from the Owner, shall attend such tender discussions at their own cost. 10 PRICE BID EVALUATION Price bid evaluation shall be done on lowest offer basis of lump-sum fee quoted towards consultancy services as per price bid in line with stipulations of the tender document, 11 Part- IT] OF TENDER (PRICE BID) OPENING A. Only the price offers of bidders, whose Techno-commercial offers have been determined qualified and acceptable for the particular Schedule, shall be opened B. The price offers shall be opened in the presence of bidders or their authorized representatives who choose to attend the opening of price-bids on the date and place to be intimated later. Such ‘authorized representatives’ will have to submit the proper authorization letter issued on the letter heads of respective firms and addressed to General Manager (Contracts), NMDC Limited, Contracts DepartmentIV Floor, 10-3-311/A, KhanijBhavan, Masab Tank, Hyderabad. Pin: 500 028, pricr to scheduled opening of bids, for witnessing the same. C. The bidder's name, tender prices, announced by the Owner at the time of opening of Price bid. 12 COST OF TENDERING: ‘The Bidder shall bear all the costs associated with the preparation & submission of his tender / bidand the Owner will in no case, be responsible and liable for such costs. No expenses, whatsoever involved in preparation of tender or any other activity till finalization of contract shall be made to the participating bidders. 13. EFFECTIVE DATE AND JURISDICTION OF CONTRACT. 13.1. The date of issue of Letter ef Award of Contract (LAC) shall be the effe: date of contract & time period for completion shall be counted from this date. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 16 of 68NMDC Ltd, GM (Contracts) / Uniflow / Kirandal / 2016 / 127 Hyderabad 13.2. The laws applicable to the Contract shall be the laws in foree in India, The Courts of Hyderabad shall have exclusive jurisdiction in all matters arising under this Contract. 14 DISCREPANCIES AND ADJUSTMENT OF ERRORS. If on check it is found that there are discrepancies between the rates given by the bidder in words and figures then, the rates quoted in words shall be taken as correct. 15 TENDER DISCUSSIONS & ACCEPTANCE OF TENDER a) During the processing / evaluation of the tender proposals, the bidders may be required to attend to the Owner's office for discussions / clarifications. Bidders, on request from the Owner, shall attend tender discussions at their cost. b) ACCEPTANCE OF TENDER: The successful bidder shall be intimated about the acceptance of his tender through a Letter of Award of Contract (LAC) 16 FEE AND CHARGES Bidder shall quote the lump-sum fee towards consultancy services in the Price Schedule for the whole scope of Services which shall be inclusive of all taxes, duties, service tax including cess (prevailing @15%), tows, travels, boarding, lodging, all incidentals ete. That is the quoted fees / rates shall be for the preparation of TEFR and DPR including finalization in consultation with NMDC and their approval fiom Eco Railways, expenses towards all necessary visits to &froto NMDC office at Hyderabad, other places as per requiement, boarding & lodging, all till submission of final Detailed Project Report and also inclusive of all material, tools. equipments, labour, tackles implements, royalties, duties, levies, taxes including service tax & other applicable cess and all other costs that the consultant may have to incur in connection with his undertaking and executing the work. Any new taxes or variation in existing taxes shall be to NMDC’s account. All codal charges, t6 be levied by Railway for review & approval of both 1 DPR documents and any other related charges as raised by Railways, shall be bome by NMDC or reimbursed by NMDC to Consultant if already paid on behalf of NMDC and upon production of invoice(s) & receipts. Consultant shall inform NMDC in writing about such charges of Railways. at least two weeks in advance for making necessary arrangements for payments. No extra charges consequent upon any misunderstanding or otherwise, shall be paid by Owner. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 17 of 68& NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad 7 1 172 173 174 18 19 20 MODIFICATION AND WITHDRAWAL, Bidder may modify or withdraw their bids after submission by giving notice in writing before the deadline prescribed in NIT for submission of bids. Each bidder's modification or withdrawal notice shall be prepared, sealed, marked, and delivered as follows: (a) In case of modification to the bi_ by the bidder, the bidder shall provide one original plus 2 (nvo) 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 duly marked “BID MODIFICATIONS”. (b) In case of withdrawal of bid by the bidder, 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 duly marked “BID WITHDRAWAL NOTICE”. No bid may be modified or withdrawn after the deadline for submission of Bids. Withdrawal or modification of a Bid between the deadline for submission of bids and the expiration of the original period of bid validity will result in the forfeiture of the Bid security. Tenders together with any modification specified under the clause shall be considered as ‘final” bid at the time of opening of bid. OWNER’s RIGHT TO ACCEPT OR REJECT ANY TENDER ‘The Owner reserves the right to accept or reject any tender and to cancel the tender process and reject all tenders, at any time prior to the award of the contract without thereby ineurring any liability to the affected bidder or bidders or has any obligation to inform the affected bidder or bidders of the ground for the Owner's action. INFLUENCES ON OWNER Any effort by a bidder to influence the Owner’s processing of tender or award decision may result in the rejection of the tender. ONE TENDER PER BIDDER Each bidder shall submit only one tender for one work. A bidder who submits or participates in more than one tender (other than as a subcontractor or in cases of Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Unifiow system up to 20.20 MTPA from Kirandul Complex. 18 of 68Hyderabad & NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 21 alternatives that have been permitted or requested) will cause all the proposals with the bidder’s participation to be disqualified. CORRUPT OR FRAUDULENT PRACTICES 21.1 The Owner requires that Bidders / Suppliers / Contractors under this contract, (b) (c) 22 observe the highest standard of ethics during the procurement and execution of this contract. In pursuance of this policy, the Owner Defines, for the purpose of these provisions, the terms set forth asfollows: i) “corrupipractice” means the offering, giving, receiving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution; and ii) “fraudulempractice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Employer, and includes collusive practice among bidders (prior (0 or afier bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benef ts of free and open competition. will reject a proposal for award of work if he determines that the Bidder recommended for award has engaged in corrupt or fratlulent practices in competing for the contract in question. will declare a bidder ineligible, either indefinitely or fora stated period of time, to be awarded a contract / contracts if he at any time determines that the bidder has engaged in corrupt or fraudulent practices in competing for, or in executing, the contract, Banning of Business dealings with bidders / contractors: as introduced “NMDC Policy on Banning of Business Dealings with *, which covers both suspension and banning of business dealings with the Agency that commits fraud and / or transgression in the dealings of NMDC. The policy is on the NMDC website, www.nm and the banning period as per the The grounds for banning of business deal policy are reproduced below: “Grounds for banning of business dealings: i. For the sake of clarity, the grounds on which banning of business dealings can be considered are given below. These are only illustrative, not exhaustive. The Competent Authority may decide to ban the Business dealings with an agency ‘for any good and sufficient reason ii, Security considerations, including questions of loyalty of the agency to the State iii, Conviction of the Director / Owner / Proprietor / Partner of the agency a Court of Law for offences involving moral turpitude in relation to its business Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 19 of 68NMDC Ltd, GM (Contraets) / Uniflow / Kirandul / 2016 / 127 Hyderabad dealings with the Government or any other Public Sector Enterprises or NMDC during the last five years. iv. Evidence / strong justification for believing that the Director / Owner / Proprietor / Partner of the agency has / have been guilty of malpractices such as bribery, corruption, fraud, substit tion of tenders, interpolation in tenders, ete. v. The agency's continuous refusal to return / refund the dues to NMDC without showing adequate reason and this is not due to any reasonable dispute which would attract proceedings in arbitration or Court of Law. vi. The agency employs an employee who was dismissed / removed by NMDC for an offence involving corruption or abetment of such an offence. vii, The banning of business dealings with the agency by the Government or any other Public Sector Enterprise. vith 1e agency resorted 10 corrupt or fraudulent practices that may include misrepresentation of facts and / or fudging / forging / tampering of documents ix. The agency used intimidation / threatening or brings undue outside pressure on NMDC / its officials in relation to business dealing. x. The agency resorts to repeated and / or deliberate use of delay tactics in complying with contractual stipulations. xi. Willful act of the agency to supply sub-standard material irrespective of whether pre-dispatch inspection was carried out by NMDC or not, xii. The findings of CBI / Police about the agency's involvement in fraud and / or transgressions in relation to the business dealings with NMDC. xiii, Established litigant nature of the agency to derive undue benefit xiv.Contimued poor performance of the agency in at least three. preceding contracts with NMDC. xv, The agency misuses the premises or facilities of NMDC and / or forcefully occupies, tampers or damages NMDC's properties including land, water resources, forests / trees, etc. xvi. False allegation on NMDC officials by the agency if found proved by the investigating Department including Independent External Monitor. Banning Period: The banning period may range from six months 10 three years depending on the gravity of the case as decided by NMDC. While deciding the banning period, the suspension period, if any, shall also be taken into account”. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 20 of 68NMDC Lta., GM (Contracts) / Uniflow / Kirandul / 2016 /127 Hyderabad 22. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS 22.1 Prior to detailed evaluation of bids, NMDC will determine whether each bid a) Has been properly signed by an authorized signatory (accredited representative) holding Power of Atorney in his favour. The Power of Attorney shall inter-alia include a provision to bind the bidder to settlement of disputes clause; b) Is accompanied by the required EMD and ©) Is responsive to the requirements of the bidding documents. 22.2 A responsive bid is one, which conforms to all the terms, conditions and specification of the bidding documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality or performance of the works (b) which limits in any substantial way, the owners rights or the bidders obligations under the Contract; or (©) whose rectification would affect unfairly the competitive position of other bidders presenting responsive bid 22.3. Ifa bid is not substantially responsive, it will be rejected by the owner, and may not subsequently be made responsive by correction or withdrawal of the non- conforming deviation or reservation. 23. AMENDMENT OF BIDDING DOCUMENTS, 23.1 Before the deadline for submission of tender, the owner may modify the bidding documents by using addenda 23.2 Any addendum thus issued shall be part of the bidding documents and shall be communicated in writing to all the purchasers of the bidding documents and bidders who have downloaded the tender document from the website, prospective bidders, shall acknowledge receipt of each addendum to the Owner. 23.3. To give prospective bidders reasonable time in which to take an addendum into account in preparing their bids, the owner shall extend as necessary the deadline for submission of tender, 24 CLARIFICATION OF BIDS 24.1 To assist in the examination and comparison of tender the owner may, at his discretion, ask any bidder for clarification of his tender including breakdown of unit rates. The request, for clarification and the response shall be in writing but no Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. ' 21 of 68NMDC Ltd, GM (Contracts) / Uniflow / Kirandul /2016 / 127 Hyderabad 24.2 24.3 26 27 28 29 29.1 change in the price or substance of the bid shall be sought, offered, or p rmitted except as required to confirm the correction of arithmetic errors discovered by the owner in the evaluation of the bids. No bidder shall contact the OWNER en any matter relating to his bid from the time of the bid opening to the time the contract is awarded. If the bidder wishes to bring additional information to the notice of the OWNER he should do so in writing, Any effort by the bidder to influence the owners’ bid evaluati or contract award decisions, may result in the rejection. »n, bid comparison COMMUNICATIONS: Communications between parties which are referred to in the conditions are effective only when in writing. A notice shall be effective only when it is delivered (in terms of Indian Contract Act 1872). SUBMISSION OF EMD / CPG: If the bidder intends to submit, the Earnest Money Deposit / Contract Performance Guarantee in the form of Bank Guarantee (BG), it shall be the responsibility of the bidder, that the original bank guarantee to be submitted as EMD / CPG should be sent by the bankers under Registered Post (A/D) directly to Tender Receiving Authority / Executing Authority at the address indicated above. It is also the responsibility of the bidder to co-ordinate with the bankers for dispatch of original bank guarantee so that the EMD reaches Tender Receiving Authority on or before the stipulated date of opening of tender. However a copy of the Bank Guarantee can also be submitted in Part-I of the offer In case, EMD BG is not reached within the stipulated date and time of submission of tender or copy of bank guarantee is not in part I of the tender, then the tender shall be summarily rejected. Executing Authority Executing authority for this work shall be the Head of Engineering Department, Engineering & Projects Division, NMDC Limited, HO, Hyderabad. Paying Authority Paying authority for this work shall be the Head of Finance Department, NMDC Limited, HO, Hyderabad, General Terms and Conditions: NMDC as per requirement can postpone or not to execute any work or part of work and consultant shall not be entitled to any compensation for non execution Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 22 0f 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad 29.2 29.3 29.4 of work except the fee which are payable up to the stage of services rendered by consultant. NMDC reserves the right to execute / withdraw any phase of the work at any time at its own discretion. No claim whatsoever for any loss or damage resulting for such action on part of NMDC shall be entertained. The fee payable to the consultant shall however be limited to the phase of services rendered. All disputes or claims arising out of the contract should be promptly submitted in writing to NMDC within 15 days from the date of action. Claims received beyond this period are liable to be rejected. Income Tax and any other taxes & levies, etc. if applicable shall be recovered from the bills payable towards consultancy fees. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 23 of 68ts) | Uniflow / Kirandul / 2016 / 127 NMDC Ltd, Hyderabad GENERAL CONDITIONS OF CONTRACT 1.0 DEFINITIONS AND INTERPRETATIONS 1.1 Definitions of terms: The following works and expressions shall have the meaning assigned to them, except where the tender document otherwise provides: i) “Owner” shall mean the NMDC Limited, having its registered office at 10-3- 311/A, Castle Hills, KhanijBhaven, Masab Tank, Hyderabad, PIN 500 028, India (A Government of India Enterprise) and shall include its legal representatives, successors and permitted assigns. Owner shall have the same meaning as the “Purchaser” ii) “Consultant” shall mean the bidder whose tender has been accepted by the Owner for the award of the Contract and shall include such successful bidder's legal representatives, successors and permitted assigns. “Site” shall mean the land and other places on, into or through which the Interiors and Exteriors related facilities are to be constructed and erected including any adjacent land, path, street or reservoir which may be allocated or used by the Owner or Consultant in the performance of the Contract. iv) “Letter of Award of Coutract/letter of acceptance” shall mean the official notice issued by the Owner notifying the Consultant that his proposal / offer / tender has been accepted. v) “Effective Date of Contract” shall mean the date of issue of letter of Award of Contract. vi) “Mouth” shall mean the calendar month. ‘Day’ or ‘Days’ unless herein otherwise expressly defined shall mean calendar day or days of 24 hours each. vii) “Writing” shall include any manuscript, typewritten or printed statement, under or over signature and / or seal as the case may be. viii) “Contractors” shall mean those persons or companies other than the consultant whe have a contracts with OWNER for performance of any work, supply of any equipment or material or / and services in connection with the project. ix) “Engineer in charge / Engineer’” shall mean the officer appointed by OWNER to act as Engineer in charge from time to time for the purpose of this contrac specific work. x) “Contract” shall mean this contract together with all Appendices / Annexure as referred to in this document, Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 24 of 68NMDC Ltd, GM (Contraets) / Uniflow / Kirandul /2016 / 127 Hyderabad xi) “Contract Specifications” shall include the scope of work, the schedules, detailed design, technical specification and data, and all such particulars menti ned as such in this Agreement and such other modifications which may arise during the execution of the Contract. xii) “Contract Fee” means the sum mentioned in the Letter of Award of Contract / agreement subject to such additions thereto or deductions there from as may be made under the provisions hereinafter contained. xiii) “Supervision” shall mean the control and directions given by the Consultant from time to time in relation to the services to be rendered under the ‘Contract Agreement’, to ensure completion of the work in time. xiv) “Project” shall mean “Bailadila Iron Ore Mine (BIOM), Kirandul Complex, Chhattisgarh’. 1.2 Interpretations Words importing ‘person’ shall include firms, companies’ corporations and associations or bodies of individuals, whether incorporated or not. Terms and expressions not here in defined shall have same meaning as are assigned to them in the Indian sale of goods act (1930), failing that in the Indian contract act (1872) and failing that in the general clauses act 1897, 2.0 SCOPE OF SERVICES The Scope of Services shall include, but not be limited to as indicated in ‘Technical Specification’, Volume-II of tender documents, 3.0 TIME SCHEDULE / COMPLETION PERIOD The scope of work under this consultancy contract shall be completed in all respects as per the following time schedule, phase-wise: no, |Scope as per cl no, 5 of Technical om; SLNo. | Specification (Vol-I of Tender Document) _ | Duration in months 7 Phase-I : Preparation & Submission of TEFR S 04 & obtaining Railway's approval Phase-II : Preparation & Submission of DPR & 2 eI : Preparati 04 obtaining Railway's approval Total duration in months = 08 4.0 FEES AND CHARGES Bidder shall quote the lump-sum fee towards consultancy services in the Price Schedule for the whole scope of Services which shall be inclusive of all taxes, Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Unifiow system up to 20.20 MTPA from Kirandul Complex. 25 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad 5.0 duties, service tax including cess (prevailing @15%), tours, travels, boarding, lodging, all incidentals ete. That is the quoted fees / rates shall be for the preparation of TEFR and DPR including finalization in consultation with NMDC and their approval from Eco Railways, expenses towards all necessary visits to &froto NMDC office at Hyderabad, boarding & lodging, all till submission of final Detailed Project Report and also inclusive of all material, tools, equipments, labour, tackles implements, royalties, duties, levies, taxes including service tax & other applicable cess and all other costs that the consultant may have to incur in connection with his undertaking and executing the work. ‘Any new taxes or variation in existing taxes shall be to NMDC’s account. All codal charges, to be levied by Railway for review & approval of both TEFR & DPR documents and any other related charges as raised by Railways, shall be bome by NMDC or reimbursed by NMDC to Consultant if already paid on behalf of NMDC and upon production of invoice(s) & receipts. Consultant shall inform NMDC in writing about such charges of Railways, at least two weeks in advance for making necessary arrangements for payments, No extra charges consequent upon any misunderstanding or otherwise, shall be paid by Owner TAXES AND DUTIES 5.1 Service tax as applicable will be included in the quoted price. 5.2 If any tax payable by the consultant is deducted at source as per statutory requirements, a certificate of TDS will be provided to the consultant for the deducted amount. 5.3. All other taxes and duties if any applicable on the date of submission of this tender are to be included in the quoted price. 5.4 Any new taxes levied by government and statutory variations during the Tenure of the contract will be to the Owner’s account subject to submission of relevant documentary evidence. 5.5 However, for any new taxes levied by the Government and statutory variation during the extended time of the contract, if any, due to the reasons attributable to the Owner, the variation of tax rates will be to the Owner's account. However, the amount of taxes and duties are limited to the contract value and the variations in the rates are not payable, if the contract is completed in the extended time for the reasons not attributable to the Owner. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 26 of 68NMDC Ltd., Hyderabad (Contracts) / Uniflow / Kirandul /2616 / 127 6.0 7.0 8.0 9.0 91 PAYMENT TERMS Paymentshall bemade as per following schedule: 6.1 25% of total lump-sum amount quoted is payable after submission of TEER (concurred by NMDC) to Railways. 6.2 25% of total lump-sum amount quoted is payable after submission of final TEFR to NMDC (Railway approved TEFR). 6.3 25% of total lump-sum amount quoted is payable after submission of DPR (concurred by NMDC) to Railways. 64 25% of total lump-sum amount quoted is payable after submission of final DPR to NMDC (Railway approved DPR). All statutory / codalfees / charges payable toRailway for review & approval of both TEFR & DPR documents and any other related charges as raised by Railways, shall be borne by NMDC or reimbursed by NMDC to Consultant if already paid on behalf of NMDC and upon production of invoice(s) & receipts.Consultant shall inform NMDC in writing about such charges of Railways, at least two weeks in advance for making necessary arrangements for payments. All the above payments (6.1 to 6.4) shall be released within three 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. TOURS AND TRAVE! The quoted rate by the consultant for the scope of services of this tender shall be inclusive of cost of all tours and travels including lodging, boarding and local transport of the consultant or his representative(s) to NMDC office at Hyderabad and any other place(s) in India for obtaining approvals andlaisioning works with statutory authorities / Eco. Railways. OBLIGATIONS OF OWNER To enable the consultant to carry out its commitment in respect of the scope of services, OWNER shall meet the following obligation in time, free of cost to consultant. Grant access to the Consultant Engineers for discussions and obtaining clarifications from Owner’s concemed officials as and when necessary. OBLIGATIONS OF CONSULTANT. The tenderer shall be a Railway Consultant empanelled with East Coast Railway zone, having atleast 06 months validity as on the last date of submission of this, tender. Any tenderer if short of such 06 months validity, may produce a letter Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniffow system up to 20.20 MTPA from Kirandul Complex. 27 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul /2016 / 127 Hyderabad 92 93 94 95 95.1 95.3 95.4 written to Eco. Railways requesting extension of his validity, which can be considered for evaluation of tender. However, he shall obtain extension of validity by the due date of price opening of this bid. Otherwise such bids shall not be considered for price opening. Further, empanelment with Eco. Railways having validity of 2 years from the last date of submission of this tender is preferable. However, if such validity is less than 2 years, then the tenderer shall furnish an undertaking on a ‘Non Judicial Stamp paper of value not less than Rs. 100/- that he shall obtain renewal of such empanelment upon expiry durin the duration of the subject contract and keep validity intact. Otherwise, his offer shall not be considered for evaluation. The consultant shall strictly adhere to the various procedures / guidelines issued by the Government / CVC from time to time, during the execution of the consultancy contract. Consultant shall designate qualified experts with adequate experience and Consultant shall render services to the best of their experience, knowledge and ability, which are possessed and used in commercial operation practice as established practice by consultant. Ifclaims are lodged against OWNER by third parties for compensation of damage or loss caused by the Consultants or its experts fault, the Consultant shall keep indernnified OWNER against all claims raised by third parties Consultant shall fully indemnify OWNER against any losses or damages arising out of loss or damage caused by consultant or its representatives due to their misconduct / gross negligence. In the event of any third party raising claim or initiating any suit against OWNER on the ground that Owner's use of the document provided by the Consultant infringes any patent rights belonging to such third party, the Consultant agrees to undertake. To assist OWNER in defending on behalf of the Consultant at Consultant’s cost against such third party’s claim and / or actions and against any law suits of any kind initiated against OWNER by providing all available information. To indemnify, keep indemnified and hold harmless OWNER against all actions, claims, damages, losses and expenses raised by third parties and arising from or incurred by reason of any infringement of patent. provided however that OWNER shall, as soon as reasonable possible; notify the Consultant in writing of such third party’s claim and / or actions. Nothing in clause shall abrogate or abridge the Consultant’s own liability for infringement or violation of patent of a third party and shall fully indemnify OWNER, if such infringement or violation is proved before and sustained in court of Law. Providing Consultancy services for preparaiio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 28 of 68NMDC Lid, GM (Contracts) / Uniflow / Kirandul /2016 / 127 Hyderabad 9.5.5 Quoted fee is deemed to be inclusive of all such tours and travels required for discussion, meetings / collection of data and obtaining approval as and when required. 10.0 LIQUIDATED DAMAGES FOR DELAY IN COMPLETION: 10.1 Time is the important factor of the contract. It shall be the responsibility of the consultant to complete the work within the stipulated period of completion. 10.2 In case the CONSULTANT fails to complete the work successfully within the period of completion as relevant clause of GCC for reasons attributable to the consultant, he shall be liable to pay to NMDC, as liquidated damages and not as a penalty, a sum at the rate of 1/2 % (half 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. 10.3 PROVIDED always that 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. 104 (i) The OWNER, if satisfied that the works can be completed by the consultant within a reasonable time for completion, may allow further extension of time at its discretion with or without the levy of Liquidated Damages. In the event of extension granted being with Liquidated Damages, the OWNER will be entitled without prejudice to any other right or remedy available in that behalf, to recover from the contrsultant as agreed damages equivalent to half percent (14 %) of the contract value of the works for each week or part of the week subject to the ceiling defined in sub-clause 10,3. 10.4 (ii) The OWNER, if satisfied that the works cannot be completed by the consultant within the contract period / extended period of contract or in the event of failure on the part of the Consultant to complete the work within the contract period / extended period of contract, shall be entitled, without prejudice to any other right, or remedy available in that behalf, to terminate the contract. 10.4 (iii) The OWNER, if not satisfied with the progress of the contract and / or in the event of failure of the Consultant to recoup the delays in the mutually agreed time frame, shall be entitled to terminate the contract. 10.4 (iv) In the event of such termination of the contract as described in clauses 10.4 (ii) to 10.4 (iii) or both, the OWNER shal! be entitled to recover Liquidated Damages up to 10% (ten percent) of the contract value and get the work completed by other agency(ies) / means at the risk and cost of the consultant, The Security Deposit (Contract Performance Guarantee amount) will then be forfeited and adjusted against such claims / dues from the contractor Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 29 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad 11.0 AMENDMENT TO CONTRACT Any amendment to the terms and conditions of this contract, including Annexure, shall be made in writing by both the parties hereto and shall become part of this, contract. 12.0 TERM and TERMINATION: 12.1 TERM: The contract shall be valid for a period of Eight (8) months fom the effective date unless terminated earlier pursuant to the Articles Force Majeure and Article Termination or extended on the mutually agreed terms and conditions by the parties hereto for a further agreed period. 12.2. TERMINATION: Notwithstanding the provisions of the contract, this contract may be terminated by either party in the event that the other party has committed any breach of any material provision herein contained and failed to rectify such breach within thirty days afier the affected party has given written notice of such breach and of the possibility of termination of the contract by reason thereof OR the contract may be terminated by NMDC in event of any non clearance / order! Notification’ Regulations by any competent autherity 13.0 CONTRACT PERFORMANCE GUARANTEE. 13.1 Consultant is required to submit a Bank Guarantee towards contract performance to Owner for 10% of the total contract price, within 30 days of issue of Letter of Award of contract which shall be initially kept valid for 11 months and it shall be for due and faithful performance of the contract in accordance with the terms and conditions specified in these tender documents. ‘The BG shall be submitted from a nationalized bank in India in the BG format as enclosed as Annexure ~ 8. 13.2. 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. 14.0 MANNER OF EXECUTION OF CONTRACT. 14.1 Subsequent to Acceptance of the LAC by the consultant, the Owner shall dispatch within 30 days a copy of the Approved Contract Agreement to the consultant. The Consultant within 15 days from the date of dispatch of the approved draft contract agreement by the owner shall prepare the final contract documents and submit two (2) original copies of the same to the Owner for the purpose of signing of the Contract Agreement. 14.2 The Contract Agreement, unless otherwise agreed to, shall be signed within 15 days of the dae of submission of the original contract agreement to the owner, at the office of the Owner on a date and time to be mutually agreed. ‘The Consultant Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Unifiow system up to 20.20 MTPA from Kirandul Complex. 30 of 68NMDC Ltd, GM (Contracts) / Uniflow / Kirandul /2016 / 127 Hyderabad 14.3 44 14.5 15.0 shall provide for signing of the Contract appropriate power of attorney and other requisite materials. The Agreement will be signed in two (2) originals and the consultant shall be provided with one signed original and the Owner will retain the second. All expenses for making agreements including cost of stamp papers shall bore by the consultant. Subsequent to signing of the Contract, the Consultant at his own cost shall provide the Owner with three (3) true copies of Agreement. The Contract shall be considered as hav ng come into force from the date of the Letter of Award of Contract. FORCE MAJEURE If, at any time, during the continuance of this contract, the performance in whole or in the part by either party of any obligation under this contract, shall be prevented or delayed by reason of any war, hostility, acts of public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions or other acts of God, strikes and lockouts (hereinafier referred 1o as “eventualities’) then provided notice of the happening of any such eventuality is given by either party to the other within fifteen (15) days from the date of occurrence thereof, neither party shall be 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 2s soon as practicable after such eventuality has come to an end or ceased to exist, and the decision of the Owner as to whether the work has been so 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. Note: The following shall also be considered as ‘Force Majeure’: 16.0 (Contamination by radio activity from any nuclear fuel, or from any nuclear waste radioactive toxic explosive; (ii) A cause due solely to the design of the Works, other than the Consultant's design; (iii) Pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds; (iv) Loss or damage due to the use or occupation by the Owner of any Section or part of the Permanent Works except as may be provided for in the Contract. Recovery of sums Due: If under this Contract any sum of money is recoverable from and payable by the Consultant and the Owner has preferred any claim against the Consultant, the Owner shall be entitled to recover and / or to retain such sum by appropriating, in part or whole, as the case may be from any sum then due or which at any time Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Unitlow system up to 20.20 MTPA from Kirandul Complex. 31 of 68NMDC Ltd, low / Kirandul / 2016 / 127 Hyderabad 17.0 1 17.2 173 18.0 18.1 18.2 thereafter may become due to the Consultant under this or any other Contract with the Owner. In the event of such sums being insufficient, then the balance or the total sum recoverable, as the case may be, shall be deducted out of the per- formance bond furnished by the Consultant against this Contract or any other Contract with the Owner. Should this sum be not sufficient to cover the full amount recoverable. the Consultant shall pay the Owner, on demand. the remaining balance due. ‘TTLEMENT OF DISPUTES: Except as otherwise specifically provided in the Contract, all disputes concerning questions of fact arising under the contract shall be decided by the Engineer in- charge nominated by NMDC for this work subject to a written appeal by the consultant to the Engineer, whose decision shall be final to the parties hereto. Any disputes or differences including those considered as such by only one of the parties arising out of or in connection with the consultant shall be to the extent possible settle amicably between the parties. If amicable settlement cannot be reached, then all disputed issues shall be settled by arbitration as provided in clause below. ARBITRATION All disputes or differences which may arise between the NMDC and Consultant in connection with this Contract (orher than those in respect of which the decision of any person is expressed in the Contract to be final and binding) shall, after written notice by either party to the other and to the Chairman cum Managing Director of the NMDC Ltd. (wwho will be the appointing authority), be referred tor adjudication to the sole Arbitrator to be appointed as hereinafter provided. The Appointing Authority will send within ninety days of the receipt of the notice, a panel of three names of persons not directly connected with the work to the consultant who will select any one of the persons named and inform the appointing authority of the selected name within 30 days of receipt of the panel. The appointing authority, within 30 days of the receipt of the selected name from the consultant shall appoint the selected person as the sole arbitrator and refer to him the disputes for adjudication, If the appointing authority fails to send to the Consultant the panel of three names as aforesaid within the period specified, the consultant shall send to the appointing authority a panel of three names of persons who shall also be unconnected with the organisation by which the work is executed. The appointing authority shall on receipt of the names as aforesaid select any one of the persons named and appoint him as the sole Arbitrator. If the appointing authority fails to select the person and appoint him as the sole Arbitrator within 30 days of receipt of the panel and inform the Consultant accordingly, the Consultant shall be entitled to invoke the provisions of the Indian Arbitration and Conciliation Act 1996 as amended from time to time. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 32 of 68NMDC Lita, GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad 18.4 The venue of Arbitration shall be Hyderabad, Telangana. 19.0 CONFIDENTIALITY: The CONSULTANT shal! maintain strict confidentiality of all documents, drawings, designs and other technical information supplied to them by the OWNER 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 approval of the OWNER. 20.0 GOVERNING LAWS The Indian Laws shall govern the CONTRACT. The CONSULTANT shall execute the work observing the rules and regulations of all governing laws. 21.0 LANGUAGE All notice, correspondence, communication, statements, data including technical data and drawings and other materials to be given or delivered by one party to the other party shall be in the English language. English shall be binding and controlling language for meaning and interpretation of the contract by both the parties. 22.0 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. 23.0 NUMBER OF COPIES: The consultant shall submit the following documents/drawings te NMDC & Railways, at both draft & approval stages: Sino, | Document No. of copies 1 Complete TEFR with 03 conceptual alternative | 3 sets plans and approved plan of both uniflow rail alignment and 3" line in MV. Siding, with respective survey drawings, preliminary designs, cost estimates ete 2 Complete DPR for both uniflow rail alignment and | 3 sets 3" ine in MV siding including detailed engineering survey drawing/details, basic designs with calculations, drawings, detailed cost ete 3 Railway approved TEFR document 6 sets + soft copy with 4 Railway approved DPR document drawings in AUTOCAD Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 33 of 68candul / 2016 / 127 NMDC Ltd, GM (Contraets) / Uniflow/ Hyderabad Note; The consultant shall submit requisite sets of both TEFR and DPR documents and relevant drawings to Railways at both draft & approval stages, as per latest railway norms. 24.0 SUSPENSION OF WORK The Owner reserves the right to suspend and reinstate any part of the Works without invalidating the provisions of the Contract. Orders for suspension or reinstatement of the Works will be issued by the Owner to the Consultant in writing, The time of completion shall then be extended by a period to be mutually discussed and agreed. Any necessary and demonstrable costs incurred by the Consultant as a result of such suspension of the works will be paid by the Owner; provided such costs are substantiated to the satisfaction of the Owner. The Owner shall not be responsible for any liabilities if suspension or delay is due to some default on part of the Consultant, 25.0 ENTIRE CONTRACT The terms and conditions herein contained, including the Annexure shall constitute the contract and understanding between the parties hereto and shall supersede all other communications which were made prior to the signing of the contract, whether written or oral, between the parties hereto with respect to the subject matter hereto. 26.0 WAIVER Failure to enforce any condition herein contained shall not operate as a waiver of the condition itself or any subsequent breach thereof. There should be unequivocal and unconditional written waiver of specific claims to seek protection by either party on the ground of waiver. 27.0 INDEMNIFICATION Both the parties shall during the term of this contract keep each other fully indemnified against losses, damages, injuries, deaths, expenses, actions, proceedings, demands, costs and claims, including but not limited to legal fees and expenses suffered by either of the parties hereto or any third party, where such loss, damage, injury, death demand expense, etc. is result of wrongful action, negligence or breach of the contract on the part of the other party, their personnel, subcontractors or agents including use or violation of any copyright or literary property or patent, Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 34 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad 28.0 DESIGNATED REPRESENTATIVE AND ADDRESS OF THE PARTIES FOR NOTICE, 28.1 Any action required or permitted to be taken and any document required or permitted to be executed under this contract may be taken or executed on behalf of OWNER and consultant, by their respective authorized designated representative. 28.2Any notice or request required or permitted to be given or made in this contr ct shall be in writing and shall be deemed to be duly given or made when it shall have been delivered by hand, mail, cable, fax, E-mail, or telex to the party to which it is required to be given or made at such party's address specified below: 29 GENERAL PROVISIONS 29.1 Consultant shall carry out the work in good faith designated to promote the purposes of the project. 29.2 Neither of the parties is entitled to transfer its rights and obligations tinder the contract to any third party except to its legal successors or assigits without consent of any other party thereto in writing and the parties shal! inform each other of any such transfer to a legal successor or assign as soon as the same takes place. 29.3. Either party has not made or does not make any representations, covenants, warranties or guarantees and does not assume any liability express or implied, other than those expressly set forth in this contract. 29.4 Information regarding any modification / improvement carried out by Consultant / OWNER shall be exchanged with each other within the currency of the contract, free of charge 29.5 The consultant shall not sub contract the consultancy work to any other agency. 30.0 Acceptance of tender: The successful bidder shall be intimated about the acceptance of his tender through a Letter of Award of Contract. 31.0 NMDC reserves the right to accept or reject any and all the Tenders in part or full without assigning any reasons thereof. 32.0 NMDC also reserves the right to call for any other details and information from any of the consultants. 33.0. NMDC reserves the rights to award work for “Providing consultancy services for preparation of TEFR / DPR for improving rait despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex” on lowest price basis as mentioned in the tender document. 34.0 NMDC does not bind itself to accept the lowest or any tender and may cancel / withdraw the tender without assigning any reason and no claim whatsoever, for any reason arising out of such action, will be entertained by NMDC. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA trom Kirandul Complex. 35 of 68& NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad 35.0 36.0 37.0 38.0 39.0 The tenders shall remain valid for acceptance by NMDC Ltd. for a period of six months from the due date of submission of tender. If the Consultant alters or withdraws his offer within the validity period, his EMD will be forfeited and his tender will be rejected. In exceptional circumstances, prior to expiry of the original time limit, NMDC may request the consultant for extending the period of validity for a specified additional period. The request will be made in writing. A consultant may refuse the request without forfeiting his bid security. A consultant 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. If the date for any activity indicated in the tender document happens to be a holiday or a non-working day, for any reason, then the next working day will be automatically taken as the date for such activity. Late/delayed tenders shall not be accepted after the due date and time of submission of tenders under any circumstances. The Tender Documents are non-transferable and shall be used by the Purchaser only. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 36 of 68NMDC Ltd, GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad ANNEXURE- 1 PROFORMA OF LETTER OF UNDERTAKING, (To be submitted by the Consultant along with the tender) (To be executed on non-judicial paper of Value not less than Rs 100/-) Ref: Dated: To ‘National Mineral Development Corporation Ltd., KhanijBhavan, 10-3-311/A, Castle Hills, ‘Masab Tank, Hyderabad - 500 028. Dear Sirs, 1. 1 Wet have read and examined the following Tender documents relating to the (full scope of work) A. Notice Inviting Tender (NIT) B. Conditions of Contract Containing Instructions / scope of services to consultants and General conditions of contract(GCC),Special Conditions of Contract(SCC) and General Technical Conditions (GTC) C. Tender Drawings D. Technical Specifications Any other documents (specify). 2. 1/ We* here submit our tender in terms of NIT and other documents 3. 1 / We* undertake to keep our Tender valid initially for a period of six (6) months from the last date of submission of tender ie., up to Uy Wer hereby further undertake that I/We shall not vary / alter or revoke my / our Tender during the said period or extended period if any 4. 1 / We* also submit herewith the prescribed EMD. NMDC shall have the right to forfeit the EMD if /We* do not comply with the undertaking givenat (3) above y Should this Tender be accepted, I / Wet also agree to abide by and fulfil ail the terms, conditions and provisions of the above mentioned tender documents. Providing Consultancy services for preparatio of TEFR and DPR for improving raif despatches through Uniflow system up to 20.20 MT®A from Kirandul Complex. 37 of 68NMDC Ltd, GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad 6 —_1/ Wet further undertake that I / We have not altered / modified the contents of the tender documents down loaded from website 7 1/ wet hereby confirm that before submission of this bid, I/We have visited the site and fully acquainted with local conditions and factors for execution of the works covered under these tender documents and technical specifications and that we shall have no claims against NMDC on these counts at any time”. Signature alongwith Seal of Company (Duly authorised to sign the Tender on behalf of the Bidder / Consultant) Name Designation Name of Co. (in Block letters) Date & Postal Address WITNESS Signature Telegraphic Address: Date ‘Name & Address Telephone No * Strike out whichever is not applicable Providing Consultancy services for preparatio of TEFR and DPR Tor improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 38 of 68Hyderabad © NMDC Ltd., GM (Contracts) / Uniflow / Kirandul /2016 / 127 ANNEXURE - 2 PROFORMA FOR BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT (On Non-judicial stamp paper of value not less than Rs. 100/-) Bank Lid. B.G. No, Alc of (Name of address) Limit of liability Rs./ Date of expiry Ref: Tender Notice No. dt For (Name of work) - Subject: Earnest Money Deposit To: NMDC Limited, KhanijBhavan, 10-3-311/A, Castle Hill, Masab Tank, Hyderabad - 500 028. Telangana (INDIA) Dear Sirs, In consideration of the NMDC Limited, (hereinafter called "the Company") which expression shall unless repugnant to the subject or context. include his successors and assigns. ~—shaving = agreed «sto. sexempt Mis. from demand under the terms & conditions of Tender No issued by the Company for the works (hereinafter called the said "Document") from deposit of Earnest Money for the due fulfillment by the M/s . (name of the Bidder) of the terms and conditions contained in the said Document on production of Bank Guarantee for (Rupees only). We the Bank. Ltd. (hereinafter referred to as the said “Bank’), a ‘company under the companies Act, 1956 and having our registered office at do hereby undertake and agree to indemnify and keep indemnified the Company to the extent of Rs! (Rupees Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 39 of 68NMDC Ltd., Hyderabad only) against any losses, damage cost, charges and expenses caused to oF suffered by or that may be caused or suffered by the Company by reason of any breach or breaches by (M/S ..---++----+» soveevee{name of the Bidder) of any of the terms and conditions contained i in the said Document and unconditionally pay the amount claimed by the Company on demand and without demur to the extent aforesaid 2. We Bank Ltd. do hereby undertake to pay the amounts due and payable under the guarantee without any demur, reservation, protest and not withstanding any dispute between the Company and the Bidder merely on a demand by you stating that the amount claimed is due by way of loss or damage caused to or would be caused or suffered by you by reason of any breach by M/s (name of the Bidder) of any of the terms or conditions contained in the said Document by reason of the M/s v-(name of the Bidder)'s failure to perform conditions of the said Document. Any such demand on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs. I 3. We _ Bank td. further agree that the Company shall be the sole judge of and as to whether the M/s.................(name of the Bidder) has committed any breach or breaches of any of the terms and conditions of the said Document and the extent of loss, damages, costs charges and expenses caused to or suffered by or that may be caused to or suffered by the Company on account thereof to the extent of the Earnest Money required to be deposited by M/s .........(name of the Bidder) in respect of the said Document and the decision of the Company that M/s............(name of the Bidder) has committed such breach or breaches and as to the amount or amounts of loss, damages, costs, charges and expenses caused to or suffered by or that may be caused to or suffered by the Company shall be final and binding on us. 4, We Bank Ltd. further agree that guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Document and that it shall continue to be enforceable till all your dues under or by virtue of the said Document have been fully paid and its claims satisfied or discharged or till you certify that terms and conditions of the said document have been fully and properly carried out by the said Mis and accordingly discharge the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the we shall be discharged from all liability under this guarantee. 5. We ____ Bank Ltd. further agree with you that y u 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 Document or to extend time asked by M/s fiom time to Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 40 of 68NMDC Lid, GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad time or to postpone for any time or from time to time any of the powers exercisable by you against Mis .............. and to forbear or enforce any of the terms and conditions relating to the said document and we shall not be relieved from our liability by reason of any such variation or extension being granted to M/s or for any forbearance act or omission on your part or any indulgence by you to Mis. or by any such matter or thing whatsoever under the law relating to sureties would but for this provision have effect of so relieving us. 6. It shall not be necessary for the Company to proceed against Més. . before proceeding against the Bank and the Guarantee herein contained shall be enforceable against the Bank, notwithstanding any secutity which the Company may have obtained from M/s... at this time when proceedings are taken against Bank hereunder be outstanding or unrealised, 7. We Bank Ltd, further undertake to unconditionally pay the amount claimed by the Company merely on demand and without Gemur to the extent aforeszid 8. We, the said Bank lastly undertake not to revoke this guarantee during its currency except with the previous consent of the Company in writing and agree that any change in the constitution of the Company or of Ms. or the said Bank shall not discharge our liability hereunder 9. Not withstanding anything contained herein (i) Our liability under this bank guarantee shall not exceed Rs . (Rupees... ) i) This bank Guarantee shall remain valid upto (iii) Our liability to make payments shall arise and we are liable to pay the guaranteed amount or any part thereof under this guarantee only and only if you serve upon us a written claim or demand in terms of guarantee on or before Witness Dated___day of 20. For Bank Led Signature Seal Note While issuing the Bank Guarantee for Earnest Money, the issuing Bank must furnish following details: = Name & address of the Bank - Contact person - Telephone no. ~ Fax no. - E-mail address: ‘The Bidder while getting the Bank Guarantees issued by the Banker must take care of the above details Providing Consultancy services for preparalio of TEFR and DPR for improving vail despatches through Uniflow system up o 20.20 MTPA from Kirandul Complex. 41 of 68& NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad ANNEXUR, INFORMATION ABOUT THE CONSULTANT . 1. For individual Consultants Constitution or legal status of Consultant (Attach Copy) Place of registration, Principal place of business, \ Power of attorney of signatory of Tender Total value of Works executed in the last seven years (in Rs, Lakhs) 1.3 Name of contact person with designation, address, telephone, telex, fax, e-mail, etc. for correspondence / communication 1.4 Qualification and experience of key personnel proposed for administration and execution of the contract. ' Position Name Years of | Years of experience experience in the ‘ (general) proposed position Signature of the bidder with date and seal Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 42 0f 68NMDC Ltd, GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad ANNEXURE DETAILS OF TURNOVER SI.No | Period ‘Turnover (in Rs.) 1 2015-16 2 2014-15 L3 2013-14 Note: 1. Use additional sheets of same format, if required 2. Attach your printed literature as se ¢ reference documents only. 3. Please attach documentary evidence in support of declared turnover like Annual report, Audited P & L accounts and Balance sheets, ete. Signature of the bidder with date and seal Providing Consultancy services Tor preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 43 of 68NMDC Ltd, GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad ANNEXURI DETAILS OF CONCURRENT CONSULTANCY ASSIGNMENTS AT PRESENT. S.No. | Full address | Value of | Date of | Scheduled Status as on date ofthe client | contract | commencement | completion as | of submission of percontract _| the tender Signature of the bidder with date and seal Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. of& NMDC Ltd, GM (Contraets) / Uniflow / Kirandul / 2016 /127 Hyderabad ANNEXURE - 6 DEVIATIONS TO THE TENDER CLAUSES SINo.] Clause] Clause as per Tender | Clause as proposed by the | Remarks No, Document Consultant (1) Bidder certifies that deviations as indicated above are the only deviations proposed by the bidder in his offer. (2) Bier confirms that his offer is in total conformity with the tender document clauses other than specific deviations, if any, as indicated above. Signature of the bidder with date and seal Note: 1. Deviations indicated elsewhere (i.¢.o/her than prescribed format as indicated above which is 10 be submitted in Part-I of offer), shall not be considered and shall be ignored, 2. Even if no deviations are proposed by the bidder, the bidder should submit clear- cut “NIL” deviation statement in the prescribed format duly signed and stamped by him. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Unifiow system up to 20.20 MTPA from Kirandul Complex. 45 of 68NMDC Lid., GM (Contracts) / Uniflow / Kirandul / 2016 /127 Hyderabad VEXUR! ORGANIZATIONAL SETUP Sino. Designation’ | Number | Qualification | No of years of | Field of Category professional | specialization experience Note: Consultant shall in a separate sheet give graphical representation of the organization set up. Signature of the bidder with date and seal Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 46 of 68Hyderabad & NMDCLtd., GM (Contracts) / Uniflow / Kivandul / 2016 / 127 ANNEXURI 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 National Mineral Development Corporation Ltd., KhanijBhavan, 10-3-311/A, Castle Hills, Masab Tank, Hyderabad - 500 028. Dear Sirs, In consideration of the National Mineral Development Corporation Ltd, (herein after referred to as the “Owner' which expression shall unless repugnant to the Context or meaning thereof include its successors, administrators and assigns) having awarded to Mis with its Registered/Head office at Ghereinafier referred to as the ‘Consultant’ which expression shall unless repugnant 10 the context or meaning thereof, include its successors, administrators, executors and assigns), a contract by issue of Owner's Letter of Award of Contract no. dated and the same having been unequivocally accepted by the consultant resulting in a "contract" bearing No._ dated valued at for (Scope of contract) and consultant having agreed to provide a contract performance guarantee for the faithful performance of the entire contract equivalent to* % (percent) of the said value of the cortract to the owner We (Name and address) having 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 Owner, on demand any and all monies payable by the Consultant to the extent of as aforesaid at any time upto (Gays/monitiyear) without any demur, reservation, recourse or protest and/or without ary reference to the consultant, Any such demand made by the owner on the Bank shall be conclusive and binding not withstanding any difference between the Owner and Consultant or any dispute pending before any court, ibunal or any other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Owner and further agrees that the guarantee herein contained shall continue to be enforceable till the Owner discharges this guarantee. The Owner 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 item for performance of the contract by the consultant. The owner 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 Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 47 of 68NMDC Ltd, GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad any right which they might have against the consultant, and to exercise the same any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied, in the contract between the Owner or any other course of or remedy or security available to the Owner. ‘The Bank shall not be released of its obligations under these presents by any exercise by the owner 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 Owner or any other indulgence shown by the Owner 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 Owner 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 consultant and notwithstanding any security or other guarantee that the owner ‘may have in relation the consultant's liabilities, Notwithstanding any thing 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 (notexceeding one year), as may be desired by Mis ‘whose behalf this guarantee has been given. Dated this __ day of, 200 at WITNESS Signature ~ Signature (Bank's Rubber Stamp) (Name) ~ Official address Designation with Bank stamp Attomey as per power of Attorney NOT ** The date will be as specified in the contract. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 48 of 68NMDC Ltd, GM (Contraets) / Uniflow / Kirandul /2016 / 127 Hyderabad ANNEXURE ~9 ‘ORM OF EXTENSION OF BANK GUARANTEE (On non-judicial stamp paper of value not less than Rs 100/-) Ref. No Date To National Mineral Development Coxpn. Ltd., KhanijBhavan, 10-3-311/A, Castle Hills, Masab Tank, HYDERABAD - 500 028. Sub: Extension of Bank Guarantee No. dated for Rs. favouring yourselves, expiring on on account of M/s. __ in respect of Contract # Gated (Called original Bank Guarantee). Dear Sirs, AL the request of Mis. . we Bank Branch Office at and having its head office at do hereby exiend our liability under the above mentioned Guarantee No dated for a further period of -years/ Months from to expire on Except as provided above, all other terms and conditions of the original Bank Guarantee No. dated sholl remain unaltered and binding, Please treat this as an integral part of the original guarantee to which it would be attached. ‘Yours faithfully, For Manager/Agent/Accountant Power of Attomey No. Dated: SEAL OF BANK NOTE: The non-judicial stamp papers of appropriate value be purchased in the name of the bank who has issued Bank Guarantee. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 49 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 {127 Hyderabad ANNEXURE - 10 Letter of undertaking towards PF code (Applicable to bidders who do not possess the PF code) (On a non judicial stamp paper of value not less than Rs. 100/-) WWe hereby confirm that I/We anvare not registered with any of the Regional Provident Fund Authorities and/or I/WE am/are not possessing a valid Provident Fund Code Number at present. VWe hereby undertake to register with Regional Provident Authorities and/or obtain a valid Provident Fund Code number within one month from the date of issue of Letter of Intent / Letter of Award of Contract whichever is earlier. V/ We also agree that any payment due to us out of the execution of the contract shall be released by the Owner only after submission of a copy of the valid PF Code number allotted to us. Signature of the bidder with date and seal. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 50 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad ANNEXURE - 11 FORM OF CONFIDENTIALITY AGREEMENT (Ref. clause 11, to be executed on Non Judicial stamp paper of value not less than Rs.100) (Subject to modificati \5 aS required by the OWNER) Contract Agreement No... . dated: THIS Confidentiality Agreement made and entered into this..........day of Two ThousandSixteen only between NMDC Limited having its registered office at Khanij Bhavan, 10-3-3!1/A, Masab Tank, Hyderabad-500 028 hereinafter referred to as the “OWNER” (which expression shall, unless excluded by or repugnant to the context or the meaning thereof, be deemed to include its successors and permitted assign) of the ONE PART AND Mis. . having its registered office/principal place of business at in the state of hereinafter referred to as the “CONSULTANT” (which expression Shall, unless excluded by or repugnant to the context or the meaning thereof, be deemed 10 include its successors and permitted assigns) the OTHER PART. WHEREAS, the Parties intend to cooperate forProviding Consultancy services for preparation of TEFR / DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex”. WHEREAS, in the course of such cooperation it is anticipated that the Parties will disclose certain proprietary information, which the OWNER regard as Confidential. NOW THEREFORE, the Parties have entered into the following Agreement: 1. For execution of this Agreement “Confidential Information* shall mean any information and data, including but not limit d to any kind of business, commercial or technical information and data disclosed between the Parties in connection with this Agreement, irrespective of the medium n which such information or data is embedded, 2. All Confidential Information so specified and exchanged between the Parties in dance with this Agreement shall be used exclusively for “Consultancy services for preparation of TEFR / DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex”, the receiving Party a, Shall be permitted to use Confidential Information disclosed to it in accordance with this Agreement unless otherwise expressly agreed to in writing by the disclosing Party. Providing Consultancy services for preparatio of TEFR and DPR for improving raif despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 51 of 68NMDC Lid, GM (Contracts) / Uniflow / Kirandul /2016 / 127 Hyderabad b. Shall not be distributed, disclosed or circulated in any way or form by the receiving Party to anyone except its own or its affiliate’s employees who have a reasonable need to know the specified Information and who are bound to confidentiality by their employment agreement or otherwise Shall be treated by the receiving Party with the same degree of care to avoid disclosure to any third party as is used with respect to the receiving Party's own information of like importance which is to be kept confidential. 4. Shall remain the property of the disclosing Party. 3. Either Party shall have the right to refuse to accept any information under this Agreement prior to any disclosure. 4. It is understood that no license or right to use any patent or patented right, copyright, trademark or other proprietary right is granted or conveyed by this Agreement. The disclosure of Confidential Information and materials shall not result in any obligation to grant the receiving Party rights therein. The Agreement will come in force on the day of signatures by both the sides. This Agreement will terminate in two years from signing or on such other date as the Parties shall mutually agree in writing (hereinafier referred to as the “Termination” Date") Termination of this Agreement shall not relieve either Party of any obligation with respect to information disclosed or developed hereunder prior to termination, 6. All Confidential Information exchanged between the Parties pursuant to this Agreement shall upon request of the disclosing Party, either be retumed to the disclosing Party or be destroyed by the receiving Party afier termination of thi Agreement. 7. If any breach of this Confidentiality Agreement is caused by the Consultant during the currency of the Confidentiality Agreement as at (5) above, NMDC reserves its right to claim from the Consultant all damages arising out of such breach and Consultant shall be bound to settle the claim(s) immediately, failing which NMDC shall have the right to legally proceed against Consultant to recover the damages. 8. Ifa dispute arises as to whether a breach of this Confidentiality Agreement has occurred or not, the same will be referred by the Chairman-cum-Managing Director of NMDC to one of the non-functional Directors of NMDC for a decision, and his/her decision will be final and binding on both the parties. 9. The Courts in Hyderabad shall alone have jurisdiction, and no other Courts shall have any jurisdiction, to decide or adjudicate on any dispute(s) arising out of this Confidentiality Agreement. This Agreement may not be assigned by either Party without the prior written consent of the other. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 52 of 68& NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives Dated Signature of Consultant For and on behalf of NMDC LTD. in the capacity of Dated Signature of OWNER, on behalf of Designation. ‘Witness Witness 1 1 2 2. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 53 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul /2016 / 127 Hyderabad ANNEXURE-12 DUMMY PRICE SCHEDULE Lump-sum fee towards Consultancy Charges (including cost of tours & travels, all taxes & duties inclusive of Service Tax and all other expenses as per clause 16 of ITB for Providing Consultancy services for preparation of TEFR / DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Comple:). Rs. (INR) (In figures and words) The % (percentage) Rate of Service tax and corresponding cess considered by the bidder in his quoted Lump Sum Fee as above is, Signature of the bidder with date and seal Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Unitiow system upto 20.20 MTPA from Kirandul Complex. 54 of 68NMDC Ltd, GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad ANNEXURE-13 (On non-judicial stamp paper of value not less than Rs 100/-) DRAFT CONTRACT AGREEMENT BETWEEN NMDC LIMITED HYDERABAD AND (NAME OF THE CONSULTANT) CONTRACT NOsss.esee0+00eBETWEEN NMDC Limited AND (The Consultant) for “Providing Consultancy services for preparation of TEFR and DPR for improving rail despatches through Uniflow system and laying of third line for installation of second rapid wagon loading system (RWLS) in Mallinger Valley (MV) siding for enhancing rail despatchesup to 20.20 MTPA from Kirandul Complex”. This contract is made on this day of. . two thousand ten between NMDC Ltd having its registered office at Khanij Bhavan, 10-3-311/A, Castle hills, Masab Tank, Hyderabad 500 028, Telangana, (hereinafter referred to as OWNER) which term or expression shall, unless excluded by or repugnant to the context or meaning thereof, be deemed to include it successors and permitted assigns of the one part AND with its registered office at . (Hereinafter referred to as CONSULTANT) which term OF expression shall, unless excluded by or tepugnant to the context or meaning thereof, bbe deemed to include it successors and permitted assigns of the one part AND WHEREAS OWNER has appointed (as Consultant ) for“ who shall be totally zesponsible for rendering “Consultancy services for preparation of TEFR ani DPR for improving rail despatches through Uniflow system and laying of third line for installation of second rapid wagon loading system (RWLS) in Mallinger Valley (MV) siding for enhancing rail despatchesup to 20.20 MTPA from Kirandul Complex” ensuring quality workmanship, safety and meeting the parameters set in the contract documents within six (6) months. AND WHEREAS the following documents issued for the work shall form and be read and construed as part of this agreement viz. a) Notice Inviting Tender b) Instructions to Tenderers c) Condition of the contract, e) TechnicalSpecification Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 55 of 68NMDC Ltd, GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad £) Price Schedules g) Tender Drawings h) All correspondence after issue of tender enquiry till issue of Letter of Award of Contract and acceptance of Letter of Award of Contract. AND WHEREAS ..... (Name of Consultant) agrees to undertake and render the above services to OWNER for the project on terms and conditions stipulated hereinafter AND THOSE PRESENT WITNESSES that in consideration of the covenants and premises herein set forth, the parties hereto agree all the terms conditions of the tender documents. IN WITNESS WHERE OF the parties hereto have executed those presents at ‘on the day, month and year first above written. Dated Signature of Consultant For and on behalf of NMDC Limited in the capacity of - Dated Signature of OWNER, on behalf of Consultant Designation Address: Witness: Witness: 1) Signature: 1) Signature : Name; Name: Address: Address: 2) Signature: 2) Signature : ‘Name: ‘Name: Address: Address Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Unifiow system up to 20.20 MTPA from Kirandul Complex. , 56 of 68& NMDC Ltd, GM (Contracts) / Uniflow / Kirandul /2016 /127 Hyderabad NMDC LIMITED. HYDERABAD RAILWAY CONSULTANCY ERVICES FOR THE PREPARATION OF TECHNO ECONOMIC FEASIBILITY REPORT (TEFR) & DETAILED PROJECT REPORT (DPR) FOR THE WORK INSTALLATION OF UNIFLOW RAIL SYSTEM AND LAYING OF 3"? LINE FOR INSTALLATION OF 2°? RWLS IN MV SIDING FOR ENHANCING RAIL DESPATCHES UPTO 20.20 MTPA FROM KIRANDUL COMPLEX IN LINE WITH AUGMENTATION OF PRODUCTION CAPACITY OF KIRANDUL COMPLEX, BAILADILA (CG) TECHNICAL SPECIFICATIONS (Vol-I) Tender Enquiry No.: GM (Contracts) / Uniflow /Kirandul / 2016 / 127 Dated: 12.12.2016 Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Unifiow system up to 20.20 MTPA from Kirandul Complex. 87 of 68& NMDC Ltd., GM (Contraets) / Uniflow / Kirandul / 2016 / 127 Hyderabad CONTENTS Chapter Page No.’s 1 Intent of the Tender 2 Project in Brief 3 Site Location, Access and Climate 4 General Requirement 5 Scope of Railway Consultancy Services 6 Battery Limits [7 Duration of work 8 Tender Drawing 9 Abbreviations Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 58 of 68NMDC Lid, Hyderabad dul / 2016 / 127 il 12 2.0 2a Pant Intent of the Tender NMDC, a navaratna Company and country’s single largest iron ore pro ucer, is presently producing about 30 million tones of iron ore from its 3 fully mechanised mining complexes viz.: (1) Bailadila Deposit-14,11C & 11B at Kirandul Complex, (2) Bailadila Deposit-5 & 10/11A at Bacheli Complex, both in Bailadila range of hills in Chhattisgarh State and (3) Donimalaig&Kumaraswamy mines at Donimalai ‘Complex in Kamataka State. NMDC has already taken up construction of major diversified projects such as 3 MTPA Integrated Steel Plant at Nagarnar (CG), 15 MTPA Slurry pipe line from Kirandul to Vizag including Beneficiation plant at Bacheli, 2 MTPA Pellet Plant at Nagarnar and 1.2 MTPA Pellet Plant at Donimalai (Karnataka) NMDC is a JV partner with CMDC in the company called NCL for opening new iron ore mines viz, Dep. 13 (near Kirandul complex) & Dep. 4 (near Bhansi) in Baildaila region. NMDC has taken up doubling of existing Kirandul-Kothavalasa (KK) rail ine with Eco. Railways between Kirandul &Jadgalpur on deposit basis and also between Jagdalpur&Ambagoan on Customer funding pattern, NMDC is also a JV partner with IRCON, SAIL, CG Govt,, engaged in new rail link between Jagdalpur&Rowghat in CG state NMDC has embarked upon an ambitious growth plan of its iron ore produetion from the present 30 MTPA to 75 MTPA by 2018-19 and 100 MTPA by 2021-22. As a part of this, it is planned to augment present production at Kirandul Complex from the present 14 MTPA (FY: 2015-16) to 29 MTPA by 2018-19 and 30 MTPA. by 2021-22. Accordingly, steps have already been initiated for upgradation of Ore Crushing Screening & Loading (OCSL) plant facilities. At the same time, steps for augmenting both iron ore loading and railway facilities are required to meet despatch requirements for ore evacuation. Project in Brief Deposit 14, 11C & 11B of BIOM-Kirandul Complex : Initially, NMDC developed Deposit no. 14 in Kirandul Complex of Bailadila area during 1964-68 to handle 5 MTPA of iron ore. Later, Deposit 11C was added in 1987 with an initial capacity of 3.3 MTPA of iron ore and was expanded to 5 MTPA (on two shift production basis) in its second phase in the year 1994, Deposits 14 and 11C were developed as independent projects with separate mine, Providing Consultancy services for preparatio of TEFR end DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 59 of 68NMDC Ltd, GM (Contraets) / Uniflow / Kirandul / 2016 / 127 Hyderabad 2A2 213 214 2.1.6 F crushing plant, downhill conveyor system and screening plant facilities, both loading plant & Railway siding facilities being common. As per the envisaged growth plan, the iron ore production from Kirandul complex (consisting of Dep. 14, 11C & 11B) is to be enhanced from the present 14 MTPA (FY: 2015-16) to 29 MTPA by 2018-19 and 30 MTPA by 2021-22. Accordingly, the rail traffic volume may be increased from 3.234 MTPA (achieved during FY: 2015-16) to 20.20 MTPA (FY: 2021-22). While the crushing and downhill sections of the process plants have necessary capacities, the capacities of screening, stacking and loading plants are also being augmented to meet the above production levels. For this, installation of a new Screening Plant (SP-III) with a capacity of 12 MTPA is being taken up for handling the entire production of Deposit 14 and 11B. Also, a new fine ore stacking and loading plant are envisaged in the existing Mallinger Valley (MV) siding wherein the iron ore loading arrangement shall be through flood loading system also called Rapid Wagon Loading System (RWLS-1). The existing loading system at Kirandul complex consists of 2 loading lines viz. (1) Line no. 1 equipped with fully mechanised loading system near loading bunkers and (2) Line no. 2 wherein loading fine ore into rakes is done by front end loaders from fine ore dump (i.e., dump & load system) in MV siding. The installed capacities of these 2 loading lines are 8.4 MTPA & 2.8 MTPA respectively, total being 11.20 MTPA. Further, after the installation of RWLS in rail line no. 2, the total installed capacity of these 2 loading lines will be around 16.8 MTPA. Accordingly, there would be a shortfall of 3.4 MTPA (i.e. 20.20-16.80) in installed capacity of loading lines for evacuation of iron ore against 30 MTPA production target Thus, for smooth evacuation of planned production from the present 14 MTPA to future 30 MTPA, existing 2 loading lines are inadequate and may require additional 3” line in MV siding with 2" RWLS. Also, an uniflow rail system may be required for smooth rake placement and dispatch from Kirandul Complex. This uniflow rail system shall take off from existing KK line near loco shed (North side) of Kirandul Railway station and shall merge with existing 2" line in MV siding. Another new line (line no. 3) in MV siding for installation of 2 RWLS shall be planned connecting uniflow line with Kirandul Railway station (on South Side) For this, NMDC desires to engage, a reputed and experienced Railway Consultant for rendering consultancy services for the preparation of both TEFR & DPR for the work “Installation of uniflow rail system and laying of 3" line for installati of 2" RWLS in MV siding for enhancing sail despatchesupto 20.20 MTPA from Kirandul Complex in line with augmentation of ptoduction capacity of Kirandul Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. of 68NMDC Ltd, a s) / Uniflow / Kirandul /2016 / 127 Hyderabad Complex, Bailadila (CG)” including obtaining necessary statutory approvals of Railways, as per scope of services specified in this document. 2.1.7 The following works are broadly envisaged for the subject TEFR & DPR Railway consultancy services : i) Installation of Uniflow rail system in single line from existing KK line to MV siding loading plant at Kirandul, for draw in & draw out of rakes ii) Installation of 3“ line for 2nd RWLS in MV siding and merging with existing rail Jine in Kirandul Railway station. iii) Associated Permanent Way (P-Way), OHE, S&T, Civil & Electrical works etc. 3.0 Site Location, Access and Climate 3.1 Site Location Bailadila range of hills is situated in the District of DakshinBastarDantewada in Chhattisgarh State, at a distance of about [20 Kms South-West of Jagadalpur Town, 40 km South West of Dantewada. The area falls in Toposheet no. 65 F/1 F/2, F/S & 65 F/6 and is located between Latitude 18°35°48” and 18°38°30" and Longitude 81°13°22" and 81°16°00". The proposed site for railway works falls under the jurisdiction of East coast Railway zone having head quarters at Bhubaneswar, Odisha. 3.2 Kirandul is easily accessible and well connected to Raipur, Visakhapatnam and Hyderabad by all weather roads. Raipur and Visakhakatnam are located at a distance of about 450 km from Kirandul by road. Kirandul can be reached by road from Hyderabad, which is about 580 km away via. Badhrachalam (Telangana) and Sukma (CG). Kirandul can also be reached by rail from Visakhapatnam, which is about 450 Km away. 3.3 Climate The climate of the Bailadila region is mild and pleasant during summer months and moderately cold during winter. During 1997, the maximum temperature recorded in summer was about 40°C, while, the minimum in winter dropped to 10°C. The area receives heavy rainfall during monsoon. Annual rainfall on the Hilltop is about 3000 mm and at the foothill is about 2500 mm. Humidity is very high during monsoon. Weather is stormy during rainy season and the maximum wind speed so far recorded is about 150 kmph. Note : The above information is given for the general guidance of the Consultant only and does not relieve him from any of his responsibilities to satisfy himself of the site conditions and sufficiency of his tender. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 61 of 68& NMDC Ltd., GM (Contraets) / Uniflow / Kirandul /2016 / 127 Hyderabad 40 41 42 44 45 46 General Requirement The tenderer shall be a Railway Consultant empanelled with East Coast Railway zone, having atleast 06 months validity as on the last date of submission of this tender. Any tenderer if short of such 06 months validity, may produce a letter written to Eco. Railways requesting extension of his validity, which can be considered for evaluation of tender. However, he shall obtain extension of validity by the due date of price opening of this bid. Otherwise such bids shall not be considered for price opening. Further, empanelment with Eco. Railways having validity of 2 years from the last date of submission of this tender is preferable. However, if such validity is less than 2 years, then the tenderer shall furnish an undertaking on a Non Judicial Stamp paper of value not less than Rs. 100/- that he shall obtain renewal of such empanelment upon expiry during the duration of the subject contract and keep validity intact. Otherwise, his offer shall not be considered for evaluation. The Consultant is advised to visit the Project site before bidding to acquaint themselves with the site conditions, to collect any required information/details of the existing system, layout, to correlate the data given in this document, drawing etc., for assessing their comprehensive services to be rendered. Consultant shall consider all aspects of site layout, Reconnaissance, Preliminary Engincering survey & Detailed survey of the site including cadastral details of site, hydrology details of nallahs, roads, bridges, cross drainage works, P-Way, OHE, S&T works, civil, structural, electrical works etc. related to the proposed Railway facilities while quoting consultancy services for full completion of both TEFR & DPR works. The consultant shall submit a bar chart along with the offer for the duration specified in clause no. 7 of this document, duly indicating mile stones for all the activities pertaining to the consultancy scope of services. After acceptance of the offer by Owaer, claim(s) for any extra payment, if any, submitted by consultant on ground of any special conditions shall not be considered The consultant shall, solely, be responsible for the successfull completion of the scope specified in clause no. 5 for both TEFR & DPR works within the specified time frame ensuring quality in workmanship, safety and meeting the guaranteed parameters of Railways as detailed below (i) Should there be any delay in completion of the project within the specified time limit, due to the reasons attributable to consultant, the consultant shall, solely, be responsible for the same. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 62 of 68& NMDC Ltd., GM (Contracts) / Uniflow / Kirandul /2016/ 127 Hyderabad 5.0 5.1.1 5.1.2 5.13 (ii) Should any of the guaranteed results are not attained or rectification arises in the works already done due to errors/omissions in the services rendered under this contract by the consultant, the consultant shall, solely, be responsible for the same. Scope of Consultancy Services As per the envisaged growth plan, the iron ore production from Kirandul complex (consisting of Dep. 14, 11C &11B) shall be 30 MTPA and estimated rail traffic volume is 20.20 MTPA approx. In this regard, after award of work, the consultant shall hold discussions with NMDC for taking inputs on the scope of work, present & future iron ore production &despatches from existing mines Dep. 14, 11C & 11B at Kirandul Complex of NMDC, proposed Railway schemes of NMDC for existing projects at Kirandul, Doubling work of KK line ete, for their proper understanding of gross ore production and rail traffic volume required. Accordingly, the consultant shall plan and evolve full feasible rail alignment, railway facilities ete. required for uniflow system, as per latest Railway standards, Further, there would be an additional rail waffic of 9 MTPA approx. from Dep. 13 (having 10 MTPA cap.), which shall be transported through existing KK line fiom Kirandul area, With this, the total iron ore production from Kirandul area including that of Dep. 13 would be 40 MTPA (ic. 30+10) vis-a-vis total rail traffic volume of 30 MTPA (i.e. 20.2049) approx. Accordingly, keeping the above production levels & rail traffic volume into consideration, the Railway consultant may deliberate and plan either a single rail line or double rail line for uniflow system as per the requirement considering duly the rail traffic volume of both Kirandui complex of NMDC and Dep. 13 of NCL, for the stretch between take off point (near abonded loco shed) on North side of Kirandul station and upto the crossing point leading to MV siding of Kirandul complex, for sharing this stretch of rail line and its facilities by both Kirandul Complex of NMDC and Dep. 13 of NCL. Consultant shall plan & design P-Way, OHE, S&T, Civil works, bridges, culverts, cross drainage works etc. at each stage of TEFR & DPR, duly complying to latest Railway standards. All the drawings shall, preferably, be drawn in AUTOCAD and design calculations shall be presented clearly indicating design criteria, loads, code reference ete, wherever required. The full scope of consultancy services to be rendered by consultant in phases, for completion of the works as specified in cl. 2.0 under ‘Project In Brief” of this document, shall include, but not be limited, to the following: Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 63 of 68Lg NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad 5.2 Phase. 5.2.1 5.22 523 524 w S Preparation of TERR & obtaining Railway's approval Need Assessment Study of the requirement of uniflow rail system for Kiradnul complex including 3“ line in MV siding of loading plant for installation of 2" RWLS for NMDC at Kirandul Complex considering the NMDC’s production, despatches as per growth plan, present loading system & their capacities, rail traffic volume, main line capacities, railway facilities etc. Study of requirement of single line or double line in uniflow flow rail line between KK line (North side of Kirandul stations) and MV siding considering the traffic volumes of Dep. 14, 11C, 11B of NMDC at Kirandul complex and Dep. 13 of NCL. Conducting foot by foot survey and Reconnaissance survey using topo sheets, satellite images etc. of site for making 3 alternative alignments for uniflow rail line and a 3" line in MV siding for instal ation of 2"! RWLS. Preliminary Engineering Survey at site in 3 alternative alignments of uniflow rail line, in MV siding area for 3" line, collection of necessary details of existing structures, establishments, infra structural facilities, MV. siding of NMDC, existing Railway station at Kirandul, habitats, villages, roads, nallahs/water courses, culverts, bridges, drains, pipes, cables, transmission lines/towers, electrical lines/poles, telephone lines/poles, mobile towers, quarries etc. and any other detail required for planning rail alignments. Consultant shall plan & design track in MV siding considering side, vertical and foundation clearances required for installation of 2” RWLS in MV siding, additions, modifications to the existing Road Over Bridge (ROB) near loading plant for laying 3" line connecting MV siding to Kirandul railway station, Collection of Kirandul station yard diagrams, details of existing P&C’s, OHE, S&T, interlocking ete., present traffic volume, inward and outward rake traffic movement from concemed division of zonal Railway. Preparation of Techno Economic Feasibility Report (TEFR) with conceptual plans for 3 alternative alignments of uniflow rail system and a 3 line in MV siding as per prevailing norms of Railways, schematic plan of alignments, junction arrangement duly considering existing site features, constraints etc., preliminary designs & block cost estimates, working out cost economics of alternatives and recommending the best rail alignment for uniflow system and 3" line in MV siding. Submission of draft TEFR including making a power point presentation to NMDC about draft TEFR and obtaining NMDC’s go ahead/concurrence before submitting it to Railway Submission of TEFR with conceptual plans to Railways for their review and obtaining their approvals. This shall include incorporation of Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 64 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul /2016 / 127 Hyderabad ‘comments/observations, if any made by Railways and their incorporation in fair TEFR, 5.29 Submission of Railway approved TEFR document along with all annexures, supporting documents, drawings etc. to NMDC. 5.3 Phase-I : Preparation of DPR & obtaining Railway’s approval 5.3.1 Detailed engineering survey of the area, carrying out basic engineering, preparation of estimates of P-Way, OHE, S&T. associated Civil, structural, Electrical works etc. in the alignment approved in TEFR for both rail alignment for uniflow system and 3" line in MV siding for installation of 2" RWLS. This detailed engineering survey shall be done for required rail corridor for plotting ground contours at 2m interval and shall also include longitudinal sections, cross sections of alignment as per latest railway norms. Ground Control Points based on WGS84 system using DGPS shall be established in the area and strip/grid contouring shall be done by Total Station. 53.2 Survey for computation of flood discharge in nallahs/ water courses crossing the rail corridor for locating the bridges, culverts etc. 5.3.3. Preparation of Engineering Scale Plans (ESP) and sections of alignment for uniflow and 3" line in MV siding including plans for junction arrangements, S&T, OHE works ete. 5.3.4 Design the system, guide lines for traffic movement in the uniflow rail line, in the 3" fine in MV siding ete. 5.3.5 timation of man power requirement for operation and maintenance of the alignments etc. 5.3.6 Preparation of Detailed Project Report (DPR) including detailed cost estimate of the work based on approved TEFR for both uniflow rail alignment and 3" fine in MV siding. Basic designs with calculations & drawings, wherever required, shall be prepared and appended with DPR. Both the scale & size of drawings shall be as per latest IS/Railways standards, as applicable 5.3.7 Fixing permanent benchmarks with Ground Control Points (GCP) as per latest railway norms, at approx. 500m intervals or less for their intervisibility, in the area for laying rail alignment and its checking during execution, 5.3.8 Submission of draft DPR including making a power point presentation to NMDC about draft DPR and obtaining NMDC’s go ahead/concurrence before submitting it to Railways. 5.3.9. Submission of DPR to Railways for their review and obtaining their approvals. This shall include incorporation of comments/observations, if any made by Railways and their incorporation in fair DPR. Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 65 of 68NMDC Ltd., GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad 53 54 6. lo 61 Submission of Railway approved DPR document along with alll annexures, supporting drawings ete. to NMDC. Consultant shall also prepare and submit (03 sets each including soft copies) to NMDC separate drawings showing cadastral details of the area wart. rail alignment & its corridor, drawings showing the railway alignment, its structures all within its corridor, drawn on latest toposheet (scale 1:50,000) of Survey of India, latest Forest map (1:15,000) and latest Revenue map (1:4000) of the area. Consultant shall plan & design required Addition/Modification/Replacement of existing P-Way system, OHE, S&T systems, bridge, culvert etc. in MV siding, in loading plant, or in Kirandul Railway station for meeting track geometries as per Railway norms required for installation, merging/interfacing of the proposed uniflow rail system with the existing system, Submittals : The consultant shall submit the following documents/drawings to NMDC & Railways, at both draft & approval stages: a, Complete TEFR with 03 conceptual alternative plans and approved plan of both uniflow rail alignment and 3" line in MV Siding, with respective survey drawings, preliminary designs, cost estimates etc. b. Complete DPR for both uniflow rail alignment and 3 line in MV siding including detailed engineering survey drawing/details, basic designs with calculations, drawings, detailed cost etc. Initially, the consultant shall submit to NMDC, 03 sets of complete draft TEER & DPR documents during Phase I & Phase II scope of works respectively, for review, before submission to Railways. Afier NMDC’s review, the consultant shall incorporate comments/observations of NMDC, if any, and prepare fair TEFR & DPR documents during Phase I & Phase II scope of works respectively. The consultant shall submit requisite sets of both TEFR and DPR documents to Railways at both draft & approval stages, as per latest railway norms. Finally, the consultant shall submit 06 sets of Railway approved both TEFR & DPR complete documents to NMDC during Phase I & II stages including the soft copies of each document along with drawings in Autocad. Battery Ss Following are the battery limits for consultancy assignment of the project : Providing Consultancy services for preparatio of TEFR and DPR for Improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 66 of 68NMDC Lid, Hyderabad (i) For uniflow sail alignment, branch out from a suitable point on existing KK line near existing Loco Shed on North side of Kirandul Railway station (between Bacheli and Kirandul Railway stations), (ii) Suitable point for merging uniflow line with existing line no. 2 at its dead end/buffer stop in MV siding (ii) For 3" fine in MV siding, suitable point on uniflow rail line on south side and merging with existing rail line on south side of Kirandul Railway station, n of work The scope of work under this consultancy contract shall be completed in all respects as per the following time schedule, phase-wise : Sl.No. | Scope as per cl. no. 5 Duration in months 1 Phase-I: Preparation & Submission of TEFR & obtaining Railway's pproval 04 Phase-I : Preparation & Submission of 2 DPR & obtaining Railway's approval od Total duration in months 08 Note:- 1) Duration in months shall be reckoned from the date of issue of LO] (or) work order to the Consultant, whichever is earlier 2) The above duration include rainy season. 3) The above duration include the duration required for review & according go ahead/coneurrence by NMDC and also include the duration required for review and according approval by Railways for both TEFR & DPR documents. 8. Tender Drawing The tender drawing with the following particulars, is included along with this document: SL. No. Drawing description Proposed uniflow system including laying of 3 line 1 02-08-197, R°2" | for installation of 2" RWLS in MV siding for NMDC loading plant at BIOM-Kirandul Complex (CG) Providing Consultancy services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. ' 67 of 68NMDC Lid, GM (Contracts) / Uniflow / Kirandul / 2016 / 127 Hyderabad This drawing is indicative and for general guidance only, so as to enable the bidder to understand the proposed system and scope of work involved. 9. Abbreviations KK : Kottavalasa — Kirandul NCL : NMDC-CMDC Limited ocsL : Ore Crushing Screening & Loading RWLS : Rapid Wagon Loading System mv : Mallinger Valley Eco : East Coast Railway P- Way : Permanent Way OHE : Overhead Head Electrification S&T + Signallingé Telecommunications MT Million Tonnes MTPA : Million Tonnes Per Annum P&C + Points & Crossings TEFR : Techno Economic Fe: DPR 2 Detailed Project Report LOL Letter Of Intent KMPH Kilometers Per Hour Kms Kilometres c 2 Celsius DGPS : Differential Global Positioning System Providing Consultancy Services for preparatio of TEFR and DPR for improving rail despatches through Uniflow system up to 20.20 MTPA from Kirandul Complex. 68 of 68