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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

GOVERNMENT OF GUJARAT

Tender Document

Quarry Lease

Block________

Tender No: [AMR/OSD&GRV/02/2019/Block No./01]1

This Tender Document is non-transferable. The Price of this Tender Document is INR [amount in
figures] (Rupees [amount in words] only). 2

1
Note: Please mention the tender document number as per the approved format.
2
Note: Please mention the tender document fee, as approved.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

Contents
Contents .......................................................................................................................................... 2
1. Important Information ......................................................................................................... 4
2. Definitions........................................................................................................................... 6
3. Introduction ......................................................................................................................... 9
4. The Mineral Block ............................................................................................................ 10
5. Eligibility .......................................................................................................................... 11
6. Site Visit and Pre-Bid Conference .................................................................................... 14
7. Bidding Process ................................................................................................................ 16
A. First round of e-auction ......................................................................................... 16
B. Second round of e-auction .................................................................................... 19
8. Base Premium ................................................................................................................... 21
9. Declaration of Successful Bidder and Grant of Quarry Lease .......................................... 22
9.1. Issuance of Letter of Intent and Declaration as a Successful Bidder: ................... 22
9.2. Conditions to be fulfilled by Successful Bidder: .................................................. 22
9.3. Grant of Quarry Lease: ......................................................................................... 23
10. Timetable .......................................................................................................................... 25
11. Payments by the Successful Bidder ................................................................................. 28
11.1. Upfront Payment ................................................................................................... 28
11.2. Periodic payments ................................................................................................. 28
11.3. [Special Conditions ............................................................................................... 28
12. General conditions regarding tender process .................................................................... 30
12.1. Submission of Technical Bid ................................................................................ 30
12.2. Language ............................................................................................................... 31
12.3. Overriding effect ................................................................................................... 31
12.4. Verification by the State Government and disqualification .................................. 31
12.5. Amendment of Tender Document ........................................................................ 32
12.6. Bid Due Date and extension ................................................................................. 32
12.7. Rejection of bids ................................................................................................... 32
12.8. Validity of bids ..................................................................................................... 33
12.9. Change affecting the Bidder ................................................................................. 33
12.10. Events for Appropriation of Performance Security .............................................. 33
12.11. Minor deviations ................................................................................................... 33

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

12.12. Dispute Resolution ................................................................................................ 33


13. Bid Security ...................................................................................................................... 35
14. Other Provisions................................................................................................................ 37
14.1. Governing law ....................................................................................................... 37
14.2. Right of State Government ................................................................................... 37
14.3. Proprietary data ..................................................................................................... 37
Schedule I : Format of Technical Bid ........................................................................................... 38
A. Instructions for submission of the Bid Letter ....................................................... 38
B. Instructions for submission of the Bid Security .................................................... 38
C. Instructions for submission of the Power of Attorney .......................................... 39
D. Instructions for submission of the Affidavit ......................................................... 39
Annexure I: Format of Bid Letter ......................................................................... 40
Annexure II: Format of Net Worth Certificate ..................................................... 45
Annexure III: Format of Power of Attorney ......................................................... 47
Annexure IV: Format of Affidavit ........................................................................ 48
Schedule II : Format for seeking clarification regarding Tender Document ................................ 50
Schedule III : Technical details regarding online electronic auction ............................................ 51
Schedule IV : Format of Information Memorandum .................................................................... 68
Schedule V : Indicative Format of Payment Advice .................................................................... 69
Schedule VI : Indicative Format of Letter of Intent ..................................................................... 71

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

1. Important Information
1.1. This Tender Document has been issued pursuant to notification of an area with
the intent to carry out e-auction for grant of a quarry lease for Ordinary Sand
& Gravel mineral pursuant to the Act and the rules framed thereunder. All
information provided in this Tender Document should be read together with
the Act and the rules framed thereunder. In the event of a conflict between this
Tender Document and the Act or the rules, the Act or the rules (as amended
from time to time), as the case may be, shall prevail.
1.2. The information contained in this Tender Document or subsequently provided
to Bidder(s), whether in documentary or any other form by or on behalf of the
State Government or any of its employees or advisors, is provided to Bidder(s)
on the terms and conditions set out in this Tender Document.
1.3. This Tender Document is neither an agreement nor an offer by the State
Government to the prospective Bidders or any other person. The purpose of
this Tender Document is to provide interested parties with information that
may be useful to them in making their bids pursuant to this Tender Document.
This Tender Document includes statements which reflect various assumptions
and assessments arrived at by the State Government in relation to the mineral
block and information collated from various sources, some of which may
depend upon interpretation of Applicable Law. The assumptions, assessments,
statements and information contained in the Tender Document may not be
complete, accurate, adequate or correct. Each Bidder should, therefore,
conduct its own investigations and analysis and should check the accuracy,
adequacy, correctness, reliability and completeness of the assumptions,
assessments, statements and information contained in this Tender Document
and obtain independent advice from appropriate sources.
1.4. The State Government, its employees and advisors make no representation or
warranty and shall have no liability or responsibility to any person, including
any Bidder under any law, statute, rules or regulations or tort, principles of
restitution or unjust enrichment or otherwise for any loss, damages, cost or
expense which may arise from or be incurred or suffered on account of
reliance placed on anything contained in this Tender Document.
1.5. The State Government may in its absolute discretion, but without being under
any obligation to do so, update, amend or supplement the information,
assessment or assumptions contained in this Tender Document.
1.6. The issue of this Tender Document does not imply that the State Government
is bound to select a Bidder or to appoint the Preferred Bidder as Successful
Bidder for the mineral block and the State Government reserves the right to
reject all or any of the Bidders or bids without assigning any reason
whatsoever.
1.7. Each Bidder shall bear all its costs associated with or relating to the
preparation and submission of its bid including but not limited to site visit
expenses, preparation, copying, postage, delivery fees, expenses associated

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

with any demonstrations or presentations which may be required by the State


Government or any other costs incurred in connection with or relating to its
bid.
1.8. It shall be deemed that by submitting a bid, the Bidder has undertaken a
complete and careful review of the Tender Document and unconditionally and
irrevocably accepted the terms and risks thereof.
1.9. This Tender Document is not transferable. The price paid by the Bidder for the
Tender Document shall not be refunded.
1.10. The clauses or text in strike through are not applicable in this Tender
Document.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

2. Definitions
The words and expressions used herein but not defined herein shall have the same
meaning as assigned to them in the Act or the rules made thereunder. The following
definitions apply to this Tender Document, unless the context otherwise requires:

2.1. “Acceptable Bank” shall mean a bank as may be notified by the State
Government (Finance Department) through notification number [GR No.:
EMD/10/2018/18/DMO dated April 16, 2018] 3, as amended from time to
time.
2.2. “Act” means the Mines and Minerals (Development and Regulation) Act,
1957.
2.3. “Applicable Law” shall mean all applicable statutes, laws, by-laws, rules,
regulations, orders, ordinances, protocols, codes, resolutions, guidelines,
policies, notices, directions, judgments, decrees or other requirements or
official directives or restrictions of any governmental authority or court or any
similar form of decision of, or determination by, or any interpretation or
adjudication of any governmental authority or court, having the force of law in
India.
2.4. “Authorised Signatory” shall mean the individual representing a Bidder who
has been duly authorised on behalf of such Bidder to execute and submit the
Bid in accordance with the terms hereof.
2.5. “Bidder” means a person who has purchased this Tender Document, and the
expression Bidders shall include all such persons.
2.6. “Bid Due Date” shall mean the date on which the Technical Bid and the initial
premium offer is required to be submitted in accordance with Clause 7.1A(a).
2.7. “Bid Security” shall have the meaning given to such expression in Clause 13.
2.8. “Coercive Practice” means impairing or harming, or threatening to impair or
harm, directly or indirectly, any person or property to influence any person’s
participation or action in the tender process.
2.9. “Corrupt Practice” means (i) the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the actions of any
person connected with the tender process; or (ii) save and except as permitted
under this Tender Document, engaging in any manner whatsoever, whether
during the tender process or after the grant of a quarry lease, as the case
maybe.
2.10. “Final Premium Offer” shall have the meaning given to such expression in
Clause 7.1B(b).
2.11. “Floor Premium” shall have the meaning given to such expression in Clause
7.1B(a).

3
Note: Please mention the number and date of the latest notification.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

2.12. “Fraudulent Practice” means a misrepresentation or omission of facts or


suppression of facts or disclosure of incomplete facts, in order to influence the
tender process.
2.13. “Information Memorandum” means the information memorandum provided
separately containing amongst others, information specified in Clause 4.1.
2.14. “Mineral Block” means ____Block.
2.15. “Performance Security” means a bank guarantee in the format as provided in
Form A of the Rules or a non-interest bearing security deposit to be provided
pursuant to the rule 10 of the Rules, for an amount computed in accordance
with Rule 57 of the Rules.4
2.16. “Preferred Bidder” shall have the meaning given to such expression in
Clause 7.1B(d).
2.17. “Qualified Bidders” shall have the meaning given to such expression in
Clause 7.1A(d).
2.18. “Restrictive Practice” means forming a cartel or arriving at any
understanding or arrangement among Bidders with the objective of restricting
or manipulating a full and fair competition in the tender process.
2.19. “Rules” mean the Gujarat Minor Mineral Concession Rules, 2017, as
amended from time to time.
2.20. “State Government” means Government of Gujarat.
2.21. [“Specified End Use” means _______
2.22. “Specified End Use Plant” shall mean _______] 5
2.23. “Successful Bidder” shall have the meaning given to such expression in
Clause 9.1.3.
2.24. “Technically Qualified Bidders” shall have the meaning given to such
expression in Clause 7.1A(c).
2.25. “Tender Document” means this tender document together with the schedules
and documents referred herein, including the Information Memorandum and
any addenda to this Tender Document.
2.26. “Undesirable Practice” means (i) establishing contact with any person
connected with or employed or engaged by the State Government with the
objective of canvassing, lobbying or in any manner influencing or attempting
to influence the tender process; (ii) having a conflict of interest; or (iii)
violating of any Applicable Law.
2.27. “Upfront Payment” means an amount computed in accordance with Rule 57
of the Rules.6
2.28. “Value of Estimated Resources” means an amount equal to the product of, -

4
Note: Please note that Rule 57 specifies “annual auction premium” as one of the parameters for computation.
Accordingly, the computation will be possible only after the auction is concluded.
5
Note: To be deleted if the State Government, in terms of provisions of clause (c) of sub-rule (1) of rule 6 of the
Rules, has not reserved mineral (s) in the Mineral Block for a specified end use.
6
Note: Please note that Rule 57 specifies “annual auction premium” as one of the parameters for computation.
Accordingly, the computation will be possible only after the auction is concluded.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

i. the estimated quantity of mineral resources for which the mineral block
is being auctioned, expressed in metric tonne; and
ii. the respective last available price per metric tonne of such minerals as
published by the State Government.
2.29. “Value of Mineral Despatched” shall have the meaning given to such
expression in Clause 8.1.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

3. Introduction
3.1. In exercise of powers conferred by Section 15 of the Act, the State
Government has notified the ‘Gujarat Minor Mineral Concession Rules,
2017’, as amended from time to time. The Bidders are encouraged to acquaint
themselves with the Act and the rules made thereunder.
3.2. This Tender Document is being issued by the State Government, for e-auction
for grant of a quarry lease over the Mineral Block.
3.3. The e-auction would be conducted in accordance with the Act, the Rules, any
other order or notification issued by the Central Government and the State
Government pursuant to the Act and this Tender Document.
3.4. [Pursuant to clause (c) of sub-rule (1) of rule 6 of the Rules, the State
Government reserves [Name of the Mineral(s) for which end use had been
specified] in this Mineral Block for [the Specified End Use]. [Name of the
Mineral(s) for which end use had been specified] extracted under the quarry
lease shall:
i. be utilised solely for the Specified End Use; and
ii. not be sold or transferred or otherwise disposed of, either directly or
indirectly:
Provided that quantity of mineral(s) up to 50% (fifty percent) of total
mineral(s) despatched in the previous financial year, for which there
was Specified End Use, can be sold in the current financial year with
the prior approval of the Commissioner of Geology and Mining.]7
[Pursuant to sub-rule (3) [and/or] sub-rule (4) of rule 4 of the Rules, the State
Government prescribes the following differential terms with respect inter alia
to payment and eligibility requirements for quarry leases granted pursuant to
auctions conducted in Scheduled Areas:] 8
3.5. [The State Government specifies that the existing holder of the quarry lease
has, prior to expiry of the quarry lease, expressed his [willingness or non-
willingness]9 to exercise his right of first refusal in accordance with the
provisions of sub-rule (4) of rule 12 of the Rules.] 10

7
Note: To be deleted if the State Government, in terms of provisions of clause (c) of sub-rule (1) of rule 6 of the
Rules, has not reserved minerals (s) in the Mineral Block for a specified end use.
8
Note: To be deleted in case the State Government has not prescribed any special conditions pursuant to
provisions of sub-rule (3) and/ or sub-rule (4) of rule 4 of the Rules.
9
Note: To be obtained in writing prior to issuance of Notice Inviting Tender pursuant to clause (b) of sub-rule
(4) of Rule 12 of the Rules.
10
Note: To be deleted in case the mineral block being auctioned for grant of quarry lease was not previously
held by a lessee where the mineral was being used for captive purposes, in terms of the provisions of
sub-rule (4) of rule 12 of the Rules.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

4. The Mineral Block


4.1. The following information regarding the Mineral Block is included in a
separate “Information Memorandum” attached along with this Tender
Document as Schedule IV:
(i) precise map of the Mineral Block identified including geographical co-
ordinates, revenue survey particulars, demarcated using differential
global positioning system and a topographic and geological map
prepared using total station and divided into forest land, land owned by
the State Government and land not owned by the State Government
including identification of any Scheduled Area comprised therein;
(ii) estimated mineral resources of Ordinary Sand & Gravel found in the
identified Mineral Block determined pursuant to Schedule I of the
Rules;
(iii) list of clearances and permissions already obtained with respect to such
area; and
(iv) geological report of the Mineral Block.
4.2. Bidders are strongly encouraged to review the Information Memorandum.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

5. Eligibility
Pursuant to sub-rule (1) of rule 4 of the Rules, the eligibility for participating in the e-
auction shall be as follows:

(a) [The Bidder shall be an individual who is an Indian national or company as


defined in clause (20) of section 2 of the Companies Act, 2013.] 11

(b) The Bidder must fulfill the terms and conditions regarding eligibility as
stipulated in Schedule II of the Rules for e-auction of Mineral Block for grant
of quarry lease as quoted12 below. Accordingly, the net worth of the Bidder
must be equal to or more than INR [amount in figures] (Rupees [amount in
words])

[Bidders may note that the aforementioned amount is less than 0.25 per cent.
of the value of estimated resources, as pursuant to sub-rule (4) of Rule 4 of the
Rules the State Government has prescribed a lower net worth requirement.]13:
“1. The bidder shall be an individual who is an Indian national or company as
defined in clause (20) of section 2 of the Companies Act, 2013.

2. The bidder shall satisfy such conditions as may be prescribed by the


Government in the tender document.

3. The bidder, including an individual, must have a net worth which is equal to
or more than 0.25 per cent. of the value of estimated resources, as may be
specified by the Government in the tender document.

Explanation:

(1) In case a bidder is a subsidiary of another company incorporated in India,


the net worth of such holding company may also be considered:

Provided that, in such case, the bidder must continue to be a subsidiary of


such holding company until such time the bidder meets the aforementioned net
worth threshold.

11
Note: The State Government to ascertain that the quoted text conforms to provisions of sub-rule (1) of rule 4
of the Rules as existing on the date of publication of the Tender Document.
12
Note: The State Government to ascertain that the quoted text conforms to provisions of Schedule II of the
Rules as existing on the date of publication of the Tender Document.
13
Note: Please delete if the area is not a Scheduled Area and the State Government has not reduced the net
worth requirement.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

(2) In case of a company, the net worth shall be the sum of paid up share
capital and the free reserves as per the audited balance sheet of the
immediately preceding financial year.

(3) In case of an individual, the individual may provide an affidavit regarding


the net worth or net worth certificate issued by a chartered accountant that is
computed in accordance with applicable accounting standards and supported
by any documents relating to unencumbered immovable properties (valued at
circle rate or jantri rate published by the State Government for the area where
such immovable properties are situated) and other assets as per the latest
Income Tax Return. Such amount may include amount in savings bank
accounts in scheduled bank/ post office, free and un-encumbered fixed
deposits in scheduled banks, post office, listed companies/government
organisation/public sector undertaking of state and central government, Kisan
Vikas Patra, National Saving Certificate, bonds, shares of listed companies,
listed mutual funds, unit linked insurance plan, Public Provident Fund,
surrender value of life insurance policies in the name of bidder.”

(c) [Mineral (s) in the Mineral Block has been reserved for the Specified End Use
(particulars of end use)14 pursuant to the clause (c) of sub-rule (1) of rule 6 of
the Rules.] 15

(d) [Any additional eligibility condition if prescribed by the State Government


pursuant to sub-rule (1) of rule 4 of the Rules to be specified here.] 16

(e) [A quarry lease in the Scheduled Area shall:


(i) be granted only to a bidder who belongs to a scheduled tribe and is an
inhabitant of the Scheduled Area; and
(ii) only be transferable to a person who belongs to a scheduled tribe and is
an inhabitant of the Scheduled Area.] 17

(f) [Any special conditions if prescribed by the State Government in case of a


Scheduled Area pursuant to sub-rule (3) [and/or] sub-rule (4) of rule 4 of the
Rules to be specified here.] 18

14
Note: Pursuant to provisions of clause (c) of sub-rule (1) of rule 6 of the Rules, the State Government may
prescribe a specified end use.
15
Note: To be deleted if the State Government, in terms of provisions of clause (c) of sub-rule (1) of rule 6 of
the Rules, has not reserved the Mineral Block for a specified end use.
16
Note: To be deleted in case the State Government does not prescribe any additional eligibility condition
pursuant to provisions of sub-rule (1) of rule 4 of the Rules.
17
Note: To be retained in case of quarry leases granted pursuant to auctions conducted in Scheduled Areas.
18
Note: To be deleted in case the State Government does not prescribe any special conditions pursuant to
provisions of sub-rule (3) or sub-rule (4) of rule 4 of the Rules.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

(g) The eligibility conditions shall be used only for the purposes of determination
of eligibility for participating in the e-auction. The Successful Bidder shall be
decided solely on the basis of the financial bids submitted by the eligible
Bidders.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

6. Site Visit and Pre-Bid Conference


6.1. Site Visit
(i) Site Visit would commence on publication of NIT and end on Bid-due date.
(ii) The Bidders who have purchased the Tender Document shall be eligible to
visit the Mineral Block. The site visit to the Mineral Block shall be conducted
with prior notice to the State Government through the following e-mail address
ag-auction-sau-cgm@gujarat.gov.in. The email should clearly bear the
following subject line: “Site Visit for _________Block”.
(iii) During such period as per sub-clause (i), the Bidders may undertake the site
visit to Mineral Block at their cost and risk to ascertain for themselves the site
conditions, location, communication, climate, availability of power, and any
other matter considered relevant by them.
(iv) This Tender Document does not however give an unconditional or unrestricted
right to access the Mineral Block or the right to the Bidders to prospect for
minerals. The site visit must be in compliance with Applicable Law and rights
of person(s) having surface rights over the Mineral Block.
(v) In the event a Bidder undertakes a site visit, then such Bidder shall be liable
towards any loss or damage caused to the site and/or the person(s) having
surface rights over the Mineral Block, on account of any act or omission of
such Bidder or its employees, authorised representatives, agents, advisors etc.

6.2. Pre-Bid Conference


(i) Potential bidders may seek clarifications or request further information
regarding this Tender Document.
(ii) Any queries or requests for additional information concerning this Tender
Document may be sent strictly in .doc, .docx, .xls, .xlsx format only to the State
Government by email to ag-auction-sau-cgm@gujarat.gov.in in the format
specified in Schedule II (Format for seeking clarifications regarding the
Tender Document) on or before the date specified in Clause 10 for receiving
queries. The State Government reserves the right to not respond to any queries
or requests for additional information concerning this Tender Document in
case the same is not furnished in the above mentioned format.
(iii) The email should clearly bear the following subject line: “Queries/Request for
Additional Information: Tender Document for “Tender No. _________ for
_______Block”. Each query should contain complete details of facts,
information and Applicable Law relevant to the query and also the particulars
of the person posing the query. The State Government reserves the right to not
respond to any question or provide any clarification, in its sole discretion, and
nothing in this Tender Document shall be taken or read as compelling or
requiring the State Government to respond to any question or to provide any
clarification.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

(iv) The State Government shall publish the queries for which response has been
provided on a website, without identifying the source of queries.
(v) Pre-bid conference(s) shall be convened at the designated date as mentioned in
Clause 10 at a time and place specified by the State Government.
(vi) A maximum of 3 (three) representatives of each potential bidder shall be
allowed to participate on production of duly issued authority letter from the
potential bidder and identity documents.
(vii) The State Government may also on its own motion, if deemed necessary, issue
interpretations and clarifications to all potential bidders. All clarifications and
interpretations issued by the State Government shall be deemed to be part of
the Tender Document. Provided, however, that any non-written clarifications
and information provided by the State Government, its employees or
representatives in any manner whatsoever shall not in any way or manner be
binding on the State Government.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

7. Bidding Process
7.1. Pursuant to rule 7 of the Rules, the auction shall be an ascending forward
online electronic auction and shall comprise of the following two rounds:

A. First round of e-auction


(a) In the first round, the Bidders shall be required to submit on
or prior to [17:00] hours (IST) on [Insert Date] (“Bid Due
Date”):

(i) the Technical Bid; and

(ii) initial premium offer, which shall be a percentage of


Value of Mineral Despatched and shall not be lower
than the base premium as specified in Clause 8.

Notwithstanding anything to the contrary contained in this


sub-clause (a)(ii), the bidders submitting an initial premium
offer less than the base premium shall stand disqualified ab-
initio from the bidding process and such bidders shall not be
considered as Technically Qualified Bidders. The initial
premium offer submitted by such bidders shall also not be
valid.

The Technical Bid and the initial premium offer must be


submitted electronically as provided in Schedule III
(Technical details regarding online electronic auction). The
duly executed original physical copy of the Technical Bid
must be sent to the address specified in Clause 12.1.2 so that
they are received on or prior to the Bid Due Date, failing
which the Technical Bid shall be deemed to be not received.
In case of a conflict between documents submitted
electronically and documents submitted physically, the
documents submitted physically shall prevail. It is clarified
that only the Technical Bid is required to be submitted
physically, the Bidders must not submit the initial premium
offer physically. In case the Bidder submits the initial
premium offer physically, the Technical Bid and the initial
premium offer will be summarily rejected.

(b) The Technical Bid shall be evaluated to ascertain


compliance of the Bidder with the eligibility conditions and
requirements under this Tender Document. While examining
the Technical Bids the State Government may consider such

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

parameters as it may deem relevant, including


considerations that the Technical Bid:

(i) is received as per the prescribed formats along with


all required documents and information;

(ii) is received by the Bid Due Date including any


extension thereof;

(iii) is submitted electronically in the manner prescribed


in Schedule III (Technical details regarding online
electronic auction);

(iv) contains all the information (complete in all respects)


as requested in this Tender Document;

(v) does not contain any condition or qualification;

(vi) only one Technical Bid has been made by the


Bidder;

(vii) is generally considered to be in compliance in terms


of any other parameters as may be considered
relevant by the State Government.

(c) Subject to sub-clause (a) above, the Bidders who are found
to be eligible in accordance with the prescribed eligibility
under Clause 5 and the terms and conditions under this
Tender Document shall be referred as the “Technically
Qualified Bidders”.

It is clarified that:

(i) The State Government is not obliged to provide any


explanation or clarification on their disqualification
to Bidders who fail to qualify as Technically
Qualified Bidders.

(ii) Technical Bids shall be deemed to be under


consideration immediately after the submission and
until such time the State Government makes official
intimation of award / rejection to the Bidders. While
the tender process is on-going, Bidders and/ or their
representatives or other interested parties are advised
to refrain, save and except as required/permitted
under the Tender Document, from contacting by any
means, the State Government and/ or their

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employees/ representatives on matters related to the


bids under consideration.

(iii) Save and except as provided in this Tender


Document, the State Government shall not entertain
any correspondence with any Bidder in relation to
acceptance or rejection of any bid or the tender
process.

(d) The Technically Qualified Bidders shall be ranked on the


basis of the descending initial premium offer submitted by
them and Technically Qualified Bidders holding first fifty
per cent of the ranks (with any fraction rounded off to higher
integer) or the top five Technically Qualified Bidders,
whichever is higher, shall be considered to be qualified
bidders for participating in the second round of electronic
auction (the “Qualified Bidders”). Intimation shall be
restricted only to the Qualified Bidders.

Provided that if the number of Technically Qualified


Bidders is between three and five, then all the Technically
Qualified Bidders shall be considered as Qualified Bidders:

Provided further that in the event of identical initial


premium offers being submitted by two or more Technically
Qualified Bidders, all such Technically Qualified Bidders
shall be assigned the same rank for the purposes of
determination of Qualified Bidders and in such case, the
Qualified Bidders shall be determined in accordance with
the following:

(i) the total number of ranks shall be divided in half


(rounded off to the higher integer), and the
Technically Qualified Bidders holding the top half of
the ranks, shall be considered to be Qualified
Bidders; or

(ii) if sub-clause (i) above results in the number of


Qualified Bidders being less than five, then one or
more additional rank(s) in the bottom half shall also
be considered, until such additional rank where the
number of Qualified Bidders is not less than five.

It is clarified that, if more than one Technically Qualified


Bidder holds such additional ranks (on account of their

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

initial premium offer being identical), then all such


Technically Qualified Bidders shall be considered to be
Qualified Bidders.

(e) The auction process shall be annulled in situations where the


total number of Technically Qualified Bidders or Qualified
Bidders are less than three:

Provided that the State Government may, in its discretion,


decide not to annul the auction process if in the third or
subsequent attempt, the total number of Technically
Qualified Bidders or Qualified Bidders continues to be less
than three. The State Government may, in such case, decide
to consider the Technically Qualified Bidders as Qualified
Bidders or to consider the existing Qualified Bidders, so as
to continue with the bidding process.

B. Second round of e-auction


(a) The highest initial premium offer amongst the Qualified
Bidders shall be the floor premium for the second round of
electronic auction (“Floor Premium”).

(b) The Qualified Bidders may submit their final premium


offers which shall be a percentage of Value of Mineral
Despatched (the “Final Premium Offer”) and greater than
the Floor Premium.

Provided that the Final Premium Offer may be revised till


the conclusion of the auction in accordance with the
technical specifications of the e-auction portal as specified
in Schedule III (Technical details regarding online
electronic auction)

(c) The e-auction process shall be annulled if none of the


Qualified Bidders submits a Final Premium Offer on the
online electronic auction portal. In case the e-auction
process is annulled due to non-submission of at least one
Final Premium Offer on the electronic auction portal, the
Bid Security of all such Qualified Bidders who have
submitted the highest initial premium offer i.e. the
applicable Floor Premium for the second round of e-auction,
shall be forfeited in accordance with Clause 13.6.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

(d) The Qualified Bidder who submits the highest Final


Premium Offer shall be declared as the “Preferred Bidder”
immediately on conclusion of the e-auction:

Provided that, in the event that the conditions set out in sub-
rules (7) and (8) of rule 4 of the Rules are fulfilled, the
person owning more than 50% (fifty per cent) of the Mineral
Block or the person who has written consent to surface
rights for more than 50% (fifty per cent) of the Mineral
Block for the entire period of the quarry lease under auction
(not including the contiguous area of government land added
by the State Government to the Mineral Block), as the case
may be, shall be the “Preferred Bidder” subject to such
person complying with the provisions set out in sub-rules (7)
and (8) of rule 4 of the Rules.

(e) A payment advice, as per the format provided in Schedule


V, shall be issued by the State Government to the Preferred
Bidder on conclusion of the e-auction.

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8. Base Premium
8.1. The Base Premium is [percentage to be prescribed by the State Government]%
([figure in words] per cent) of Value of Mineral Despatched. The “Value of
Mineral Despatched” shall be an amount equal to the product of-
(i) minerals despatched in a month; and

(ii) last available sale price of the respective minerals as published by


the State Government and as applicable at the time of dispatch.

Explanation: In case a grade-wise sale price of a mineral has been


published by the State Government, the price applicable for the
relevant grade shall apply with respect to clause (ii) above. The
computation of value of mineral despatched shall be applicable to
all minerals including overburden.

8.2. It is clarified that payment in accordance with the Final Premium Offer shall
be required to be made in addition to the payment of royalty or dead rent, as
applicable.

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9. Declaration of Successful Bidder and Grant of Quarry Lease


Pursuant to rule 8 of the Rules, the quarry lease shall be granted to the Successful
Bidder subject to the following:

9.1. Issuance of Letter of Intent and Declaration as a Successful Bidder:

9.1.1. As per rule 14 of the Rules;


“No person shall acquire in respect of a particular mineral, one or more
quarry lease in the State covering a total area of more than:
(a) fifty hectares, in case minerals specified in Part A of Schedule III; and
(b) five square kilometres, in case minerals specified in Part B of Schedule
III:
Provided that the Government may, in the interest of development of any
mineral and for reasons to be recorded in writing, increase the maximum lease
area for a particular mineral.”

Accordingly, the State Government shall not issue a letter of intent in case the
Bidder holds or may hold (including the area relating to the auction hereunder)
one or more quarry leases in respect of a particular mineral covering a total
area of more than the prescribed level as per the Rules.

9.1.2. Subject to sub-clause 9.1.1 above, a letter of intent, as per the format provided
in Schedule VI, shall be issued by the State Government to the Preferred
Bidder upon receipt of the first instalment of the Upfront Payment within the
time period as mentioned in Clause 10.

9.1.3. Upon issue a “letter of intent” to the Preferred Bidder, the Preferred Bidder
shall become the “Successful Bidder”.

9.2. Conditions to be fulfilled by Successful Bidder:


The successful bidder shall fulfil the following conditions within the time
period as mentioned in Clause 10:

(a) continuing to be in compliance with all the terms and conditions of


eligibility;

(b) furnishing an irrevocable and unconditional Performance Security


to the State Government from an Acceptable Bank and payable at
Amreli, Gujarat, computed in accordance with Rule 57 of the Rules;

(c) satisfying the conditions specified in Chapter VIII of the Rules with
respect to a mining plan (including the mine closure plan);

(d) furnishing financial assurance in prescribed format or manner for


prescribed period as specified in rule 64 of the Rules;

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

(e) obtaining all consents, approvals, permits, no-objections, access


rights and the like as may be required under applicable laws for
commencement of mining operations including environment
clearance;

(f) payment of exploration charges, if any;

(g) obtaining measurement of the lease area by District Inspector of


Land Records; and

(h) [Additional conditions, if any, to be mentioned here as required


under clause (g) of sub-rule (3) of rule 8 of the Rules.] 19

Provided that a Successful Bidder may request the State Government


to extend the time period so prescribed by it, by filing a written
application for extension at least one month prior to the expiry of the
originally prescribed period. The application for extension shall
provide bona-fide reasons for seeking an extension and such reasons
should be beyond the control of the Successful Bidder. The State
Government may, at its sole discretion and for reasons to be recorded
in writing, grant an extension to the successful bidder by an additional
period of not more than 6 (six) months, if the reasons for delay were
beyond the control of the Successful Bidder. In case the State
Government does not grant an extension, the letter of intent shall
expire in accordance with the terms thereof leading to automatic
cancellation of the entire process of auction.

Explanation: For the purpose of this Clause 9.2, the date of issuance of
the letter of intent by State Government to the Preferred Bidder to
become Successful Bidder shall be the date on which the letter of
intent is hand delivered to the Preferred Bidder or date on which letter
of intent is sent by Registered Post Acknowledgment Due.

[It is clarified that since the Mineral Block is being auctioned for more
than one mineral, the percentage of Value of Mineral Despatched as
quoted by the Successful Bidder shall be applicable in respect of each
such mineral for the purpose of payment to the State Government.] 20

9.3. Grant of Quarry Lease:

9.3.1. The Successful Bidder shall pay the second instalment of the Upfront
Payment, computed in accordance with Rule 57 of the Rules, within thirty

19
Note: To be retained in case the State Government has specified other conditions
20
Note: To be retained in case the mineral block is being auctioned for more than one mineral

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days of fulfilment of the conditions specified in Clause 9.2 above, and upon
such payment the State Government shall issue a written order for grant of
quarry lease. The State Government shall have the right to appropriate the
performance security provided by the Successful Bidder in the event that the
Successful Bidder fails to pay the second instalment within the prescribed
period of thirty days. In such case the letter of intent shall become void.
9.3.2. The date on which a duly executed quarry lease deed is registered shall be the
date of commencement of the quarry lease and the Successful Bidder shall
ensure that it achieves registration of the quarry lease deed within thirty days
from the date of its execution. The State Government shall have the right to
appropriate the performance security provided by the Successful Bidder in the
event that the Successful Bidder fails to register the quarry lease within the
prescribed period of thirty days and the order for grant of quarry lease shall, in
such cases, become void.
9.3.3. The quarry lease shall be for all minor minerals including overburden found in
the area pursuant to exploration and prior to the auction and the Final Premium
Offer submitted by the Successful Bidder shall be applicable to all such
minerals
Provided that where a quarry lease has been granted for a minor mineral under
the rules made under Section 15 of the Act, and subsequent to registration of
the quarry lease a new mineral is discovered, then the holder of quarry lease
shall follow the provisions of the Act and the rules made thereunder for such
new mineral.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

10. Timetable
The following timetable shall apply to the tender process. The timetable may be
amended by the State Government through issuance of an addendum to the Tender
Document. Bidders must note that these timetables are based on the Rules, and in case
of a conflict the Rules will prevail.

S. No. Event Description Estimated Date

Stage I – E-auction process for selection of Preferred Bidder


Publication of notice inviting tender as per
clause (f) of sub-rule (2) of rule 4 of the
Rules, including two daily newspapers Thursday,
1.
circulating in such area of which one in February 28, 2019
regional language, on the State Government
website and electronic auction portal.
Commencement of sale of Tender Friday,
2.
Document May 10, 2019
Last date of receiving queries from Bidders Monday,
3.
[on or before 17:00 hours (IST)] May 20, 2019

4. Pre-bid conference Wednesday,


May 29, 2019
Last date for responses to queries by the Friday,
5.
State Government May 31, 2019
Last date for sale of Tender Document [on Tuesday,
6.
or before 17:00 hours (IST)] June 4, 2019
Start date of submission of Bid (technical Wednesday,
7.
plus Initial premium offer) June 5, 2019
Last date for remittance of bid security [on Monday,
8.
or before 17:00 hours (IST)] June 10, 2019
Last date of submission of Bid (technical
plus Initial premium offer) i.e. Bid Due Wednesday,
9.
Date (Technical + initial price offer) [on or June 12, 2019
before 17:00 hours (IST)]

10. Opening of the Technical Bids Thursday,


June 13, 2019
Start date for examination of the Technical Tuesday,
11.
Bids June 18, 2019
Training and mock-auctions for all the
12. Bidders on e-auction platform by the e- Wednesday,
June 26, 2019
auction platform provider

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

S. No. Event Description Estimated Date

Announcement of Technically Qualified Friday,


13.
Bidders as per the tender document July 12, 2019
Opening of initial price offer, of only
Technically Qualified Bidders and Monday,
intimation to Qualified Bidders one day July 15, 2019
14. To
prior to the scheduled date of e-auction of
Monday,
the respective mineral block (to Qualified July 29, 2019
Bidders only)

Tuesday,
Conduct of ascending forward electronic July 16, 2019
15. auction and submission of Final Price Offer To
on the electronic auction portal Tuesday,
July 30, 2019

Tuesday,
July 16, 2019
16. Announcement of Preferred Bidder To
Tuesday,
July 30, 2019
Thursday,
Payment of first instalment (20%) of July 25, 2019
17. Upfront Payment by the Preferred Bidder To
for quarry lease Tuesday,
August 6, 2019
Thursday,
Issuance of letter of intent by State August 1, 2019
18. Government to the Preferred Bidder to To
become Successful Bidder Friday,
August 16, 2019
Stage II – Process for Grant of Quarry Lease
Actual date of issuance of the letter of
intent by State Government to the Preferred
Bidder to become Successful Bidder i.e. the
1. date on which the letter of intent is hand T1
delivered to the Preferred Bidder or date on
which letter of intent is sent by Registered
Post Acknowledgment Due.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

S. No. Event Description Estimated Date

Pursuant to sub-rule (3) of Rule 8 of the


Rules, the last day for or actual date of
submission of Performance Security,
mining plan (including the mine closure
plan), financial assurance, payment of
exploration charges, obtaining all consents,
approvals, permits, no-objections, access
2. rights and the like as may be required under T1 + 1 year
applicable laws for commencement of
mining operations and satisfaction of other
conditions specified by the State
Government, if any, subject to compliance
with all the terms and conditions of
eligibility by the Successful Bidder;
whichever is earlier (T2)
Last date for Payment of the second
3. instalment (80%) of the upfront payment by T2+30 days
the Successful Bidder
Issuance of written order by State
4. T2+60 days
Government for grant of Quarry Lease
Last date for execution or actual date of
execution of the Quarry Lease Deed by
5. T2+90 days
State Government and Successful Bidder;
whichever is earlier (T3)
Last date for Registration of the Quarry
6. T3+30 days
Lease by the Successful Bidder

Note:
• The timeline shown above is based on calendar days
• Due dates will be updated if any holidays are announced by State Government in
the intervening period
• The State Government reserves the right to update/ change or modify any of the
above dates

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

11. Payments by the Successful Bidder 21


11.1. Upfront Payment
The Upfront Payment paid by the Successful Bidder shall be adjusted against
the amount payable in accordance with the percentage of Value of Mineral
Despatched quoted as the Final Premium Offer in the last year of the quarry
lease period.

11.2. Periodic payments


11.2.1. The Successful Bidder (as the holder of quarry lease) shall make
advance payments on the basis of the Final Premium Offer (the
“Advance Payment”). It is clarified that, the holder of quarry lease
shall make Advance Payments with respect to the Value of Mineral
Despatched or the production requirement, whichever is higher. In this
regard, the production requirement shall be computed in the following
manner and reconciled annually:
(a) In case the annual quantity of minerals dispatched is less
than the minimum annual production quantity specified in
production requirement specified in Schedule II to Form B
of the Rules, the Successful Bidder shall make payment on
the basis of the Final Premium Offer on the shortfall
quantity within 20 (twenty) days from filing of the annual
return for such year.
(b) For the purpose of compliance with the production
requirement, the expression “year” shall mean the period of
12 months commencing from the effective date of Quarry
Lease, and each subsequent 12 month period thereafter.
11.2.2. The Advance Payment is required to be made in advance with respect
to Mineral to be extracted from the Lease Area, in the manner
specified by the State Government.
11.2.3. All payments required to be made by the Successful Bidder shall be
made net of all applicable Taxes. In the event, Taxes are payable, the
Successful Bidder shall gross-up the amount payable and make
payment of the aggregate amount.
11.2.4. A holder of quarry lease shall also be required to make payments as
specified in rule 11 of the Rules and other payments under Applicable
Law, including the Act and the rules framed thereunder.

11.3. [Special Conditions

21
Note: To be amended in case the State Government prescribes any special conditions pursuant to provisions
of sub-rule (3) or sub-rule (4) of Rule 4 of the Rules.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

Any special conditions if prescribed by the State Government in case of a Scheduled Area
pursuant to sub-rule (3) or sub-rule (4) of rule 4 of the Rules to be specified here.] 22

22
Note: To be deleted in case the State Government does not prescribe any special conditions pursuant to
provisions of sub-rule (3) or sub-rule (4) of rule 4 of the Rules.

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12. General conditions regarding tender process


12.1. Submission of Technical Bid
12.1.1. The Technical Bid shall comprise of the following:
(a) Bid letter in the format specified in Annexure 1 of Schedule I
(Format of bid letter);
(b) Bid Security in the manner specified in Schedule III (Technical
details regarding online electronic auction), which shall be
subject to Clause 13;
(c) Net worth certificate in the format specified in Annexure II of
Schedule I (Format of Net Worth Certificate)
(i) In case of a company, net worth certificate issued by
statutory auditors of the Bidder;
(ii) In case of an individual, affidavit, or net worth certificate
issued by a chartered accountant;
(d) In case of Bidder being a company, a power of attorney in the
format specified in Annexure III of Schedule I (Format of
power of attorney);
(e) Affidavit in the format specified in Annexure IV of Schedule I
(Format of affidavit); and
(f) In case of Bidder being a company, duly certified copy of the
corporate authorisation, such as board resolution to participate
in the tender process and submit a bid, provided that such
document should have been dated prior to the date of issuance
of the power of attorney as stated in Clause 12.1.1(d).
(g) The power of attorney stated in (d) above should have been
dated prior to the date of the Bid Letter and Affidavit and other
documents submitted as part of the Technical Bid;
12.1.2. The Technical Bid shall be submitted on the electronic portal and the
duly executed original physical copies must be sent in an envelope
with “Technical Bid for _______Block” clearly written on it to the
following address so that they are received on or prior to the Bid Due
Date, failing which the Technical Bid shall be deemed to be not
received.

District Collector
Geology and Mining Office
Bahumali Bhavan, Block-C,
2nd Floor,Room No-213,
Amreli Gujarat - 365601
OR
Commissioner of Geology and Mining,
Block Number 1,
7th Floor, Udhyog Bhavan, Sector 11,

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

Gandhinagar,
Gujarat – 382010] 23

12.2. Language
The Bid and all communications in relation to or concerning the Tender
Document and the Bid are required to be in English or Gujarati language.

12.3. Overriding effect


If there is a conflict between the quarry lease deed and this Tender Document,
the quarry lease deed would have overriding effect.

12.4. Verification by the State Government and disqualification


12.4.1. The State Government reserves the right to verify all statements,
information and documents submitted by the Bidder in response to the
Tender Document and the Bidder shall, when so required by the State
Government, make available all such information, evidence and
documents as may be necessary for such verification. Any such
verification or lack of such verification by the State Government shall
not relieve the Bidder of its obligations or liabilities hereunder nor will
it affect any rights of the State Government thereunder.
12.4.2. The State Government reserves the right to reject any bid, and
appropriate the entire Bid Security if:
(a) at any time, a misrepresentation is made or uncovered,
(b) if the Bidder engages in a Corrupt Practice, Fraudulent
Practice, Coercive Practice, Undesirable Practice or Restrictive
Practice,
(c) the Bidder does not provide, within the time specified by the
State Government, the supplemental information sought by the
State Government for evaluation of the bid, or
(d) any act or omission of the Bidder results in violation of or non-
compliance with the Act, the rules thereunder, this Tender
Document, or any other document referred therein or issued
pursuant thereto or any Applicable Law relevant for the tender
process.
12.4.3. Any rejection of a bid under sub-clauses (a), (b) and (d) of Clause
12.4.2 may lead to the disqualification of the Bidder from bidding for
any auction or allotment conducted by the State Government for a
period of up to 5 years starting from the date of appropriation of the
Bid Security or Performance Security or any other earlier date
specified by the State Government.

23
Delete whichever is inapplicable.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

12.4.4. In the aforementioned events, the State Government shall be entitled to


forfeit and appropriate the Bid Security or Performance Security, as the
case may be, without prejudice to any other right or remedy that may
be available to the State Government under the Tender Document, or
otherwise, without any liability whatsoever.

12.5. Amendment of Tender Document


At any time prior to the Bid Due Date, the State Government may, for any
reason, whether at its own initiative or in response to clarifications requested
by a Bidder, amend the Tender Document.

12.6. Bid Due Date and extension


12.6.1. Technical Bids should be uploaded and the documents required to be
submitted physically in original pursuant to Clause 12.1.2 must be
received on or before the Bid Due Date. Technical Bids received by
the State Government after the specified time on the Bid Due Date
shall not be eligible for consideration and shall be summarily rejected.
12.6.2. The State Government may, in its sole discretion, extend the Bid Due
Date by issuing an amendment that is made available to all Bidders.

12.7. Rejection of bids


12.7.1. Notwithstanding anything contained in this Tender Document, the State
Government reserves the right to reject any bid and/or to annul the
tender process and reject all bids at any time without any liability or
any obligation for such acceptance, rejection or annulment, and
without assigning any reasons thereof.
12.7.2. In case such cancellation is pursuant to non-compliance by the relevant
Bidders vis-à-vis submissions of bid then the State Government
reserves the right to appropriate the relevant Bid Security submitted by
such non-compliant Bidders.
12.7.3. The State Government reserves the right not to proceed with the tender
process at any time, without notice or liability, and to reject any bid
without assigning any reasons.
12.7.4. Without prejudice to the generality of the foregoing, the State
Government reserves the right to reject any bid on any criteria
specified in this Tender Document, including without limitation, the
following:
(a) bids have not been submitted with all the information and
details listed in this Tender Document.
(b) bid is not conforming to the terms of Clause 7.1A(b) of this
Tender Document.
(c) bids have been submitted without Bid Security or period of
validity.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

(d) bids have otherwise not been submitted in accordance with the
Tender Document.

12.8. Validity of bids


The initial premium offer must be valid for a period of not less than 180 (one
hundred and eighty) days from the Bid Due Date. If the second round of e-
auction is not conducted within a period of 180 days from the Bid Due Date,
then the e-auction process will be annulled.

12.9. Change affecting the Bidder


Upon submission of the Technical Bid, any change affecting the Bidder
regarding compliance with the eligibility conditions shall result in
disqualification of the Bidder. Any change in any information submitted by
the Bidder must be immediately communicated to the State Government.

12.10. Events for Appropriation of Performance Security


The performance security provided may be appropriated as per the provisions
of the Rules, quarry lease deed and this tender document.

In the event that the Successful Bidder fails to make payment of the second
installment of Upfront Payment within the date specified in Clause 10, an
amount equal to Performance Security shall be appropriated and the letter of
intent shall become void.

Further, in the event that the Successful Bidder fails to register the quarry
lease within the prescribed period of thirty days from the date of its execution,
the Performance Security shall be appropriated and the order for grant of
quarry lease shall become void.

12.11. Minor deviations


The State Government may permit minor deviations from the requirements of
this Tender Documents. It is clarified that such minor deviation would not be
permitted in matters related to eligibility and shall be permitted only with
respect to procedural requirements. The decision of the State Government
regarding what constitutes minor deviation shall be final and binding.

12.12. Dispute Resolution


This quarry lease granted pursuant to this auction process and all questions of
its interpretation shall be construed in accordance with the laws of India.

In the event of any dispute in relation to the quarry lease and in respect of all
matters touching the relationship of the holder of the quarry lease and the State
Government, suits or petitions shall be filed in civil courts at (Gandhinagar,

May 10, 2019 Page 33 of 75


Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

Gujarat) and neither party shall file a suit or appeal or bring any actions at any
place other than the courts named above.

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

13. Bid Security


13.1. The Bidder shall furnish as part of its Technical Bid, a bid security amount to
be deposited through the electronic payment gateway of the e-auction platform
provider. The manner in which the Bid Security is to be deposited is
prescribed at Schedule III (Technical details regarding online electronic
auction).
13.2. The Bid Security shall be for INR [amount in figures] (Rupees [amount in
words])
13.3. Save and except as provided in this Tender Document, the Bid Security of
unsuccessful Bidders will be returned by the State Government, without any
interest, on issuance of Letter of Intent to the Preferred Bidder
13.4. The Successful Bidder’s Bid Security will be returned, without any interest,
upon furnishing of the Performance Security in accordance with the provisions
thereof.
13.5. The State Government shall be entitled to forfeit and appropriate the Bid
Security as damages, amongst others in any of the events specified in this
Tender Document. The Bidder, by submitting its bid pursuant to this Tender
Document, shall be deemed to have acknowledged and confirmed that the
Bidder will suffer loss and damage on account of withdrawal of its bid or for
any other default by the Bidder during the period of bid validity as specified in
this Tender Document. No relaxation of any kind on Bid Security shall be
given to any Bidder.
13.6. The Bid Security shall be forfeited as damages without prejudice to any other
right or remedy that may be available to the State Government under the
Tender Document and/, or otherwise, under, inter alia, the following
conditions:
(a) If a Bidder submits a Technical Bid which is not conforming to this
Tender Document, the Act or the rules framed thereunder or submits
an initial premium offer which is less than the Base Premium;
(b) If a Bidder submits an initial premium offer in physical form;
(c) If a Bidder engages in a Corrupt Practice, Fraudulent Practice,
Coercive Practice, Undesirable Practice or Restrictive Practice;
(d) If a Bidder withdraws its bid during the period of bid validity as
specified in this Tender Document or as extended by mutual consent of
the respective Bidder(s) and the State Government;
(e) If the Preferred Bidder fails to make payment of Upfront Payment or
fails to extend the Bid Security as prescribed in this Tender Document.
(f) If the Successful Bidder fails to furnish the Performance Security or
fails to extend the Bid Security as prescribed in this Tender Document.
(g) In the case of all such Qualified Bidders who have submitted the
highest initial premium offer i.e. the Applicable Floor Premium, if the

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Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

auction process is annulled due to non-submission of at least one Final


Premium Offer on the electronic auction portal.

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14. Other Provisions


14.1. Governing law
The tender process shall be governed by, and construed in accordance with,
the laws of India.

14.2. Right of State Government


14.2.1. The State Government, in its sole discretion and without incurring any
obligation or liability, reserves the right, at any time, to;
(a) Suspend and/or cancel the tender process and/or amend and/or
supplement the tender process or modify the dates or other
terms and conditions relating thereto;
(b) Consult with any Bidder in order to receive clarification or
further information;
(c) Retain any information and/ or evidence submitted to the State
Government by, on behalf of, and/or in relation to any Bidder;
and/or
(d) Independently verify, disqualify, reject and/ or accept any and
all submissions or other information and/or evidence submitted
by or on behalf of any Bidder.
14.2.2. It shall be deemed that by submitting the bid, the Bidder agrees and
releases, and agrees to indemnify the State Government, its employees,
agents and advisers, irrevocably, unconditionally, fully and finally
from any and all liability for claims, losses, damages, costs, expenses
or liabilities in any way related to or arising from the exercise of any
rights and/ or performance of any obligations hereunder, pursuant
hereto and/ or in connection with the tender process, including any
claims, losses, damages, costs, expenses or liabilities towards a third
party, and waives, to the fullest extent permitted by Applicable Law,
any and all rights and/or claims it may have in this respect, whether
actual or contingent, whether present or in future.

14.3. Proprietary data


All documents and other information supplied by a Bidder to the State
Government shall remain with the State Government. However, in case
auction process is annulled due to insufficient number of bids, the Technical
Bids received shall remain unopened and will be duly returned to the Bidders.

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Schedule I: Format of Technical Bid


A. Instructions for submission of the Bid Letter
(a) The bid letter must be printed on the letterhead of the Bidder, if the Bidder is a
company. In case the Bidder is an individual, it may be printed on plain paper.
(b) The bid letter must be issued on the letterhead of the Bidder and must be
signed for and on behalf of the Bidder by the Authorised Signatory of the
Bidder on each page, in case the Bidder is a company. In case the Bidder is an
individual, the Bidder must personally sign each page of the bid letter.
(c) The corporate authorisation of the Authorised Signatory of the Bidder (which
is a company) must be enclosed with the bid letter. It is recommended that the
Bidder may authorise one person to deal with all matters related to bid.
However, if the Bidder has authorised more than one person, then the
corporate authorisation of all such persons should be enclosed. Any change in
such corporate authorisation must be immediately intimated to the State
Government.
(d) Documents to evidence compliance with the eligibility conditions must be
enclosed with the bid letter, duly certified by the Authorised Signatory of the
Bidder, in case the Bidder is a company, or self-attested in case the Bidder is
an individual. Such documents must include:
a. Certificate of incorporation of the Bidder which is a company, or copy of
Indian passport or Aadhaar Card in case Bidder is an individual.
b. Net Worth Certificate in the format specified in Annexure II of Schedule I
(Format of Net Worth Certificate)
(a) In case of a company, net worth certificate issued by statutory
auditors of the Bidder (certificate should clearly mention that it has
been issued by the statutory auditor of the company) and the Net worth
stated therein is the sum of the paid up share capital and the free
reserves in terms of Explanation No. 2 to the Schedule II of the Rules);
(b) In case of an individual, affidavit, or net worth certificate issued by
a chartered accountant as per Clause 5 (b) of the Tender Document
c. Particulars of quarry lease(s) held by the Bidder and/ or its affiliates for
the purpose of rule 14 of the Rules.
d. [Certificate from Statutory Auditor of the Bidder certifying the details of
the Specified End Use Plant or with self-certified true copy of Consent to
Operate issued by the relevant State Pollution Control Board.] 24

B. Instructions for submission of the Bid Security


To be submitted in accordance with Clause 13.

24
Note: To be deleted if the State Government has not specified any end use.

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C. Instructions for submission of the Power of Attorney


(a) The power of attorney must be issued in India in accordance with Applicable
Law and it must be in issued in accordance with the constitutional documents
of the Bidder after obtaining all corporate approvals as may be required. The
extract of constitutional documents and certified copies of the corporate
approvals must be enclosed with the power of attorney.
(b) The power of attorney must be issued under the common seal, if any.
(c) The power of attorney must be stamped in accordance with Applicable Laws
and notarised.
(d) The power of attorney must be issued in the name of a person who is in full
time employment of the Bidder.

D. Instructions for submission of the Affidavit


(a) The affidavit must be executed in India in accordance with Applicable Law
and it must be in issued in accordance with the constitutional documents of the
Bidder after obtaining all corporate approvals as may be required. The extract
of constitutional documents and certified copies of the corporate approvals
must be enclosed with the affidavit. In case of Bidder being an individual, the
affidavit must be personally signed by the Bidder.
(b) The affidavit must be stamped in accordance with Applicable Law and
notarised.
(c) The affidavit must be signed by the Bidder himself – in case the Bidder is an
individual or in other cases by a person who is duly authorised by the Bidder
to sign the same.

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Annexure I: Format of Bid Letter

Bid Letter

(On the letter head of the Bidder, in case Bidder is a Company. On plain paper, in case the
Bidder is an individual. Each page of the letter to be signed by the Authorized
Signatory/bidder who is an individual.)

[date]
To,

District Collector
Geology and Mining Office
Bahumali Bhavan, Block-C,
2nd Floor,Room No-213,
Amreli Gujarat - 365601
OR
Commissioner of Geology and Mining,
Block Number 1,
7th Floor, Udhyog Bhavan, Sector 11,
Gandhinagar,
Gujarat – 382010] 25

Sub: Bid letter for _______ Block (Insert Name of Bidder and Auction Portal
Registration number of Bidder)

Ref: Tender No: [Insert Tender Number], Tender Document dated [Insert Date]
(“Tender Document”)

Dear Sir,

I/ we having examined the Tender Document and understood the contents, hereby
submit my/ our Technical Bid. Capitalised expressions used in this letter have the
same meaning as ascribed thereto in the Tender Document.

1. The Technical Bid is unconditional and unqualified.


2. I/ We have reviewed the terms of the Tender Document and hereby
unconditionally and irrevocably accept, agree and acknowledge the terms
thereof.

25
Note: Delete whichever is inapplicable.

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3. I/ We acknowledge that the State Government will be relying on the information


provided in the Technical Bid and the documents accompanying the Technical
Bid for selection of the Preferred Bidder and subsequent selection of the
Successful Bidder, and I/ we certify that all information provided therein is true
and correct; nothing has been omitted which renders such information
misleading; and all documents accompanying the Technical Bid are true copies
of their respective originals.
4. This statement is made for the express purpose of my/ our participation in the
tender process and possible selection as Successful Bidder.
5. I/ We hereby confirm that I/ we satisfy all the eligibility conditions prescribed in
Clause 5 of this Tender Document. Specific confirmations with respect to my/
our compliance with the eligibility conditions are provided below:
[Insert separate paragraphs for compliance with each of the eligibility conditions
of the Tender Documents, with specific reference to enclosed documents as
mentioned in the instructions.]
6. [For the purposes of Rule 14 of the Gujarat Minor Mineral Concession Rules,
2017, I/ we do not hold any quarry lease in the State of Gujarat.]
OR
[For the purposes of Rule 14 of the Gujarat Minor Mineral Concession Rules,
2017, I/ we hold the following quarry lease(s) in the State of Gujarat:\

S.No. Name of Village/ Name Category of Area held under


the Mineral Taluka/ of Mineral* the Quarry Lease
Block District Mineral (Part A or Part (in hectare)
B)

* as specified under Schedule III of the Gujarat Minor Mineral Concession Rules, 2017
] 26
7. [We are not simultaneously participating in any other auction of quarry lease(s)
which may result in grant of a quarry lease(s) in the State of Gujarat]
OR
[We are/have simultaneously participating/participated in following auction(s)
of quarry lease(s) which may result in grant of a quarry lease(s) in the State of
Gujarat:

26
Note: Delete whichever is inapplicable.

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S.No. Name of the Village/ Name of Category of Area to be


Mineral Taluka/ Mineral Mineral* held under
Block District (Part A or the Quarry
Part B) Lease
(in hectare)

* as specified under Schedule III of the Gujarat Minor Mineral Concession Rules, 2017
] 27
8. [I/ We undertake that the minerals extracted under the quarry lease shall:
i. be utilised solely for the specified end use; and
ii. not be sold or transferred or otherwise disposed of, either directly or
indirectly, with the exception that the quantity of mineral(s) up to 50%
(fifty percent) of total mineral(s) desptached in the previous financial year,
for which there was Specified End Use, may be sold in the current
financial year with the prior approval of the Commissioner of Geology and
Mining.
9. I am/ We are eligible to participate in the tender process on the basis of the
(particulars of end use)] 28.
10. We have deposited the Bid Security of INR [amount in figures] (Rupees
[amount in words]) through the electronic payment gateway of the e-auction
platform provider.
11. I/ We hereby acknowledge that if I/ we submit or produce any document and it
is discovered subsequently that such document was false or incorrect then I/ we
shall be liable under the Applicable Law for the time being in force.
12. I/ We shall make available to the State Government any additional information
it may find necessary or require to supplement or to authenticate the Technical
Bid.
13. I/ We acknowledge the right of the State Government to reject my/ our
Technical Bid and/or the Final Premium Offer without assigning any reason or
otherwise and hereby waive, to the fullest extent permitted by Applicable Law,
my/ our right to challenge the same on any account whatsoever.
14. I/ We declare that:
a) I/ We have examined and understood the Act, all rules framed thereunder, the
Tender Document and all documents referred therein including the
Information Memorandum;

27
Note: Delete whichever is inapplicable.
28
Note: To be deleted if the State Government has not specified any end use.

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b) I/ We have examined and have no reservations to the Tender Document,


including any addendum issued by the State Government;
c) I/ We have not directly or indirectly or through an agent engaged or indulged
in any Corrupt Practice, Fraudulent Practice, Coercive Practice, Undesirable
Practice or Restrictive Practice, as defined in the Tender Document, in
respect of any tender or request for proposal issued by or any agreement
entered into with the State Government or any other public sector enterprise
or any government, central or state; and
d) I/ We hereby certify that I/ we have taken steps to ensure that no person
acting for me/ us or on my/ our behalf has engaged or will engage in any
Corrupt Practice, Fraudulent Practice, Coercive Practice, Undesirable
Practice or Restrictive Practice.
e) I/ We have not been convicted of illegal mining.
f) No mining dues or outstanding payments are pending with any State
Government for a period more than 60 days after the due date.
15. I/ We understand that the Government of Gujarat may cancel the tender process
at any time and that the Government of Gujarat are neither bound to accept any
bid that the Government of Gujarat may receive nor to invite the Bidders to bid,
without incurring any liability to the Bidders, in accordance with the Tender
Document.
16. I/ We hereby irrevocably waive any right or remedy which I/ we may have at
any stage at law or howsoever otherwise arising to challenge or question any
decision taken by the State Government in connection with the selection of the
Preferred Bidder, or in connection with the tender process itself, in respect of
the Tender Document and the terms and implementation thereof.
17. In the event of my/ our being declared as the Successful Bidder, I/ we agree to
enter into the documents in accordance with the Tender Document and pay such
amounts and provide such security as required therein.
18. I/ We have ensured compliance with the Tender Document and to the best of
my/ our knowledge this bid is conforming to the terms thereof.
19. I/ We agree and understand that the Bid is subject to the provisions of the
Tender Document. In no case, I/ we shall have any claim or right of whatsoever
nature if the quarry lease is not awarded to me/ us or my/ our bid is not opened
or rejected.
20. The initial premium offer has been and the Final Premium Offer shall be quoted
by me/ us after taking into consideration all the terms and conditions stated in
the Tender Document, my/ our own estimates of costs and feasibility and after a
careful assessment of the geological and other information, the Information
Memorandum and the proposed quarry lease and all the conditions that may
affect the utilisation of minerals.

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21. I/We agree and understand that the initial premium offer needs to be submitted
only in electronic form on the auction portal and if the initial premium offer is
submitted in physical form, my/our bid is liable for rejection and my/our bid
security may be forfeited.
22. [I / We are resident of the same Scheduled Area where the quarry lease is
proposed to be granted.]
23. I/ We shall keep this offer valid for 180 days from the Bid Due Date specified in
the Tender Document or such extended duration as may be agreed with State
Government.
In witness thereof, I/ we submit this bid letter forming part of my/ our Technical Bid
under and in accordance with the terms of the Tender Document.

Yours faithfully,
For and on behalf of [insert name of the Bidder]

(Signature, name and designation of the Authorised signatory)

Date:
Place:

Enclosed:
(a) [list and description of documents enclosed]

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Annexure II: Format of Net Worth Certificate

a) When the Bidder is a Company

[On the Letter head of Statutory Auditor]


We (name of statutory auditor), Statutory Auditors of __________ (name of bidder) (‘the
company’), having its registered office at _______ (registered office address of bidder),
hereby certify that, based on the audited financial statements of the company for the financial
year ended ______ (immediately preceding financial year end date), the net worth of the
company is Rs. [amount in figures] [amount in words] as on [Date].

This certificate is issued at the request of the Bidder and is in conformity with the Clause 5(b)
(Explanation 2) of the Tender document issued by Government of Gujarat for grant of
quarry lease of minor minerals.

Format for Networth


Particular Value/ Amount
Paid up Capital (A)
Free Reserves and Surplus (B)
Net Worth (C = A + B)

b) When the bidder is an individual

[ On the Letter head of Chartered Accountant]


This is to certify that the net worth of Mr./ Ms. [Name of the Bidder], having PAN
[XXXXXXXXXX] residing at [Residential Address], is Rs. [amount in figures] [amount in
words] as on [Date].

This certificate is issued at the request of the Bidder and is in conformity with the Clause 5(b)
(Explanation 3) of the Tender document issued by Government of Gujarat for grant of quarry
lease of minor minerals.
Format for Movable Assets
Asset Details Value/ Amount
Bank Balance in Saving In Scheduled banks/ post
account(s) office
Fixed Deposits Unencumbered and In
Scheduled banks/ post office,
listed companies/
government organisation/
public sector undertaking of
state and central government
Kisan Vikas Patra
National Saving Certificates

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Asset Details Value/ Amount


Bonds
Shares Listed companies only
Mutual Funds
Unit linked insurance plan
Public provident Fund
Surrender value of Life In the name of Bidder only
Insurance Policy
Other Assets, as per Clause
5(b) (Explanation 3) of the
Tender document
Total Movable Assets (A)

Format for Immovable Assets


Name of Asset Jantri Rate Area of the Share of Value of Property is
for the area property Bidder in the asset unencumbered
where (C) Asset (in % (E = B * and freehold
property is ) C * D)
located (D)
(B)
Asset 1 Yes
Asset 2
Total Immovable
Assets (F)

Format for Networth


Particular Amount
Total Movable Assets (A)
Total Immovable Assets (F)
Total Liabilities (G)
Net Worth (H = A + F – G)

Note: Kindly note that any assets like Gold, Jewellery, Motor Vehicles, Inventory, Sundry
Debtors, encumbered fixed assets, Shares or Investments in unlisted companies etc.
have not been included for computation of Networth.

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Annexure III: Format of Power of Attorney

[Adequate stamp duty to be paid by the Bidder with respect to this document.]

Power of Attorney for signing of Bid

Know all men by these presents, We, [name and address of the Bidder] do hereby irrevocably
constitute, nominate, appoint and authorise [Name], son/daughter/wife of [name of
father/husband] and presently residing at [address], who is presently employed with us and
holding the position of [designation], as our true and lawful attorney ( “Attorney”) to do in
our name and on our behalf, all such acts, deeds and things as are necessary or required in
connection with or incidental to submission of our bid for the _______ Block (“Mineral
Block”) in response to the Tender Document, dated [Insert Date] issued by State Government
of Gujarat (“State Government”) including but not limited to signing and submission of all
applications, affidavits, bids and other documents and writings, participate in Bidders’ and
other conferences and providing information / responses to the State Government,
representing us in all matters before the State Government, and generally dealing with the
State Government in all matters in connection with or relating to or arising out of our bid for
the Mineral Block and/or upon award thereof to us and/or till the grant of quarry lease.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things done or caused to be done by our Attorney pursuant to and in exercise of the
powers conferred by this power of attorney and that all acts, deeds and things done by our
said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to
have been done by us.

In witness whereof we, [name of Bidder], the above named principal have executed this
power of attorney on this [Date] day of [Month], 20[Year]

For……………………………..

(Signature, name, designation and address)


[under the Common Seal (in case Bidder is a company)]

Witnesses:
1.
2.

[particulars of notarisation]

Accepted
[particulars of authorized person]

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Annexure IV: Format of Affidavit

(To be duly executed and adequate stamp duty to be paid by the Bidder with respect to this
document.)

Affidavit

I, [name] aged [age] years, resident of [address] [working as [designation] an Authorised


Signatory on behalf of [name of the Bidder]]29 ( “Bidder”) hereby state as under:
1. I am [the [designation of the deponent] of] 30 the Bidder. I am conversant with the
facts and circumstances surrounding the subject of this affidavit [and have been
authorised to depose to the same pursuant to the power of attorney dated [date] issued
pursuant to [particulars of corporate approval]] 31. I am filing this affidavit to place on
record verification of facts and documents in connection with the tender process
concerning _______ Block.
2. [For the purposes of rule 14 of the Gujarat Minor Mineral Concession Rules, 2017, I/
we do not hold any quarry lease in the State of Gujarat.]
OR
[For the purposes of rule 14 of the Gujarat Minor Mineral Concession Rules, 2017, I/
we hold the following quarry lease(s) in the State of Gujarat
S.No. Name of the Village/ Name of Category of Area held
Mineral Taluka/ Mineral Mineral* under the
Block District (Part A or Part Quarry
B) Lease
(in hectare)

* as specified under Schedule III of the Gujarat Minor Mineral Concession Rules, 2017
]. 32

2. [I/We are/have not simultaneously participating/participated in any other auction of


quarry lease(s) which may result in grant of a quarry lease(s) in the State of Gujarat]
OR
[I/we are simultaneously participating in following auction(s) of quarry lease(s) which
may result in grant of a quarry lease(s) in the State of Gujarat:

29
Note: Delete if the Bidder is an individual.
30
Note: Delete if the Bidder is an individual.
31
Note: Delete if the Bidder is an individual.
32
Note: Delete whichever is inapplicable.

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S.No. Name of the Village/ Name of Category of Area to be


Mineral Taluka/ Mineral Mineral* held under
Block District (Part A or Part the Quarry
B) Lease
(in hectare)

* as specified under Schedule III of the Gujarat Minor Mineral Concession Rules, 2017
]. 33

4. [Insert separate paragraphs for each information/ document brought on record on the
website of the e-auction portal or physically submitted with the State Government, in
a chronological sequence].
5. That nothing has been concealed in the information submitted as mentioned above.

Solemnly affirmed and verified on this [day] day of [month][year] at [place].

(Signature)
Name, Designation & Address
VERIFICATION

I, [name], [the [designation of the deponent (Bidder)] of] 34 the Bidder above named, having
my office at [address], do hereby solemnly declare that what is stated above is on the basis of
the books and records of the Bidders, and verify that the contents of the above affidavit are
true and correct, no part of it is false and nothing material has been concealed therefrom.

Verified at [day] day of [month] [year] at [place].

Deponent (Bidder)
(Signature)
[Particulars of notarisation]
Name, [Designation] 35 & Address

33
Note: Delete whichever is inapplicable.
34
Note: Delete if the Bidder is an individual.
35
Note: Delete if the Bidder is an individual.

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Schedule II: Format for seeking clarification regarding Tender Document


(Applicable only for the Pre-Bid Conference before submission of the Technical Bid in
response to the Tender Document)

S. No. Document Clause No. Clarification Suggested Text Rationale for


and Existing Required for Amendment, Clarification or
Provision if any Amendment

The above data is to be provided in .doc, .docx, .xls, .xlsx format only.

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Schedule III: Technical details regarding online electronic auction


1. Registration Methodology

In order to submit online bids in the e-bidding process for Quarry Lease, a bidder
needs to register itself with the e-auction website of (n)Code Solution –A Division of
GNFC Limited, A Government of Gujarat Enterprise. For this the bidder should visit
the website at https://cgm-eauction.nprocure.com and click on the button “Register”.
Bidders already registered with the said website need not register again.

An online Registration Form will appear on screen and the bidder has to fill up the
same with correct information. During this process, the bidder shall create his user id
and password and keep note of the same. The bidder shall ensure that the secrecy of
his user id and password is maintained at all time and he/she shall be solely
responsible for any misuse of the user id and password.

After filling up the online form, the bidder should tick the check box for accepting the
‘Terms and Conditions’ of e-Auction. The bidder may click on the link to read the
‘Terms and Conditions’ of e-Auction before submitting the form.

The bidder must verify the details entered by him/her before final submission. On
successful submission of the online registration Form along with the documents listed
below in electronic form, the bidder will receive a confirmation mail in the registered
email address.

i. Self-attested copy of PAN Card. In case of a registered Company, the Company's


PAN card and in case of an individual, individual’s personal PAN card is
required.
ii. Self-attested copy of Latest Income Tax Return.
iii. Self-attested copy of GST Registration Certificate.
iv. Self-attested copy of PAN Card of Authorized Signatory (applicable in case
bidder is a Company).
v. A letter addressed to the Auction Portal Provider stating the serial number of the
DSC to be used for login and bidding by the (a) Authorized Person of the Bidder
in case bidder is a Company and (b) Bidder in case bidder is an Individual).
vi. Letter from company issued in the name of Authorised Person stating he is the
authorised person to participate in auction process (applicable in case bidder is a
Company).
vii. Board resolution or power of attorney (optional document, applicable in case
bidder is a Company).
viii. A non-refundable registration fee of INR 1000/- plus applicable GST (INR
1180/- at present) to be paid online.

Note: In case the documents mentioned in above points (ii.) and (iii.) are not
applicable, the bidder may submit the declaration signed by the Authorized Signatory

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stating that document(s) is not applicable.

Once the complete set of documents and requisite are verified and approved, a bidder
needs to pay registration fees online by signing in on the website https://cgm-
eauction.nprocure.com. (n)Code Solution reserves the right to call for additional
documents from the bidder if needed and the bidder shall be obliged to submit the
same.

On completion of the above stated registration process, a bidder will be able to login
to e-Auction portal https://cgm-eauction.nprocure.com

2. Downloading information of Minor Mineral Block

There are two sets of documents available for downloading from the website of e-
auction platform provider.

First set of documents will be available free of cost in public domain and can be
downloaded without registration on e-auction portal
https://cgmeauction.nprocure.com These Documents may include the following:

i. Blank format of customized model tender document for this particular e-auction
process; and

ii. Minor Mineral Block Summary

The above information is being made available to all potential Bidders in order to
assist them in familiarizing about the tender process and the minor mineral block on
e-auction.

Subsequent to Bidder registration process, certain other detailed documents


(Particular Tender Document of the minor mineral block including Information
Memorandum containing geological report and other information) will be made
available for download to the Bidder only subsequent to payment of a tender fee per
minor mineral block, as mentioned in the Notice Inviting Tender.

The Tender Document shall be sold in online mode only through website
https://cgm-eauction.nprocure.com Bidders shall login with its valid Digital
Signature Certificate, user id and password. Bidder shall have the facility to make
payment towards the cost of tender document through net banking / Credit card /
Debit card provided under the login of the Bidder. The Bidder after login shall click
on the link for e-payment and then select the Auction event for which it intends to
make the payment. The bidder should pay the tender fee to view paid document. After
making payment online of tender fee, the bidder will subsequently be able to access
tender document of respective Minor Mineral Block(s).

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The bidder may note that the files containing information about the minor mineral
blocks can be in various formats like doc, xls, ppt, pdf, jpg, jpeg, zip etc. and it shall
be the responsibility of the Bidder to have suitable facilities at its end to download
these documents from the website https://cgm-eauction.nprocure.com

3. Preparation and Submission of Bid

The complete process of bid submission will be divided into 2 stages as follows:

a. Stage 1: Technical Bid

This stage will comprise (i) online submission of the Technical Bid and the initial
premium offer; and

(i) Online submission of Technical Bid and initial premium offer with
supporting documents

This stage shall be open to all Bidders who have purchased the Tender
Document(s) for the specific minor mineral block(s).

In this process, the Bidder, after logging in to the above stated website, will have
to click on the link “Live” in Stage 1 IPO Section. In the next page, the Bidder
shall have to go to the link “Stage-1 IPO” Live.

Once the Bidder clicks on this sub-menu and then clicks on the menu “Live
Auctions” on the next page, it will display a list of block(s) for which the bidder
has paid the tender document fees. On clicking on any of these block(s), the
Bidder will be directed to a screen where it can fill up the technical bid template
and save the data. The Bidder can edit such data as many times as it wishes
before bid submission date is due.

After saving the Technical Bid and Bid Security successfully paid, the link /
button for Initial Premium Offer will get activated. The Bidder, on clicking this
button, will be directed to a screen where it can fill up its Initial Premium Offer
and click on the Submission button. The final submission shall be digitally signed
by the Bidder using its registered digital signature. Any digital signature
certificate other than the registered one shall not be acceptable for bid submission
by the system.

The bidder may note that the “Initial Premium Offer” button will be activated
only after the Technical Bid has been saved and Bid Security successfully paid.

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Upload Documents (Document Library)

The Bidder shall also have to upload the supporting documents along with the
Technical Bid, as required under the Tender Document. These supporting documents
will need to be uploaded in pdf format only (the file size should be limited to 4 MB; in
case of larger files, they may be split into multiple files with suitable nomenclature,
Maximum allowable space for Document Library is 50 MB). Files in formats other
than pdf shall not be accepted. For this, the bidder shall first click on the link “Upload
documents” and upload the files in support of its Technical Bid.

Attach Documents

After uploading these documents, the bidder shall have to attach them with the
specific tender for the concerned block for which it is intending to submit the
Technical Bid. It may be noted by the Bidder that in case it intends to use the same
supporting document for more than one minor mineral block, it does not need to
upload the same document every time in documents library, Block/IPO wise
documents bidder able to upload. The supporting document, once uploaded, can be
attached with Technical Bid for multiple minor mineral block(s), if desired.

The bidder should note that only a file which is “attached” with a specific minor
mineral block(s) shall be considered during evaluation of the Technical Bid. Files
which are not attached to any minor mineral block(s) shall not be considered for
evaluation.
General Instructions to Pay Bid Security:
1. IPO cannot be submitted without successful bid security payment.
2. Bidder can deposit Bid Security for CGM e-Auctions by selecting any of available
payment modes. The available payment modes are as under.

1. Credit/ Debit Card (Maestro / Master / Visa / RuPay)


2. Net Banking
3. NEFT / RTGS

3. If Bidder selects Payment Mode either 1. Net Banking or 2. Credit/ Debit Card, the
initiated Payment status (successful/unsuccessful) will be updated immediately.
However, in case of Payment Mode 3.NEFT/RTGS, the Payment status
(successful/unsuccessful) will be updated within 48 working hours.
4. Based on Payment Status (successful/unsuccessful) of Bid Security, Bidders will
be allowed to proceed.
5. For making payment via NEFT/RTGS (From any bank) bidder needs to select
NEFT option > Select ICICI bank > Click on View & Print challan and make
payment online OR need to submit the same before Challan Expiry Date & Time in
the bank branch where is account owns.

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6. The Challan Expiry Date & Time is printed on Challan, and a payment request
received after Challan Expiry Date & Time will be rejected.
7. If the Challan Expiry Date & Time is extended, a fresh Challan needs to be
generated.
8. The generated Challan can be used only once for making payment up to Challan
Expiry Date. In addition, it cannot be used to deposit any other e-Auction's Bid
Security and cannot be used by any other Bidder.
9. Bidder can verify initiated Payment transaction status in e-Auction login under
Dashboard > Report > TRANSACTION LOG.
10. Bidders are requested kindly plan accordingly considering Bank Time & Bank
holiday for pay Bid Security.

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Online payment for Bid Security will be available only after successful submission
of Technical Bid Documents.

 Login using valid user id, password and mapped DSC on CGM e-Auction portal.
 Dash board > STAGE-1 IPO (Initial Premium Offer) > Click “Live” > e-Auction
list appears.
 Click “Enter in Auction” button > Upload Technical Bid Documents.
 Click on “Pay Bid Security Online” button.

Bidders are requested to verify Bid Security Amount and Last Date of remittance
of bid security before initiating the payment process.

On clicking of Pay Bid Security Online button, Bidder will be redirected to online
payment gateway page.

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 Bidders are requested to verify Billing Information section for their registered
details & Order Details section for Total Amount including Bid Security
Amount, applicable Convenience Fee & Taxes before make online payments.
 The applicable Convenience Fee may vary for various online payment modes,
please verify carefully before make online payments.

 Bidder can deposit Bid Security for CGM e-Auctions by selecting any of
available payment modes. The available payment modes are as under:-

1. Credit/ Debit Card (Maestro / Master / Visa / RuPay)


2. Net Banking\
3. NEFT / RTGS

Select desire online payment mode in Payment Information section.

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 Payment Through Credit / Debit Card :

Pay Bid Security


through Credit Card

1. Select mode of payment “Credit Card”.


2. Insert credit card details like Number, Expiry Date and CVV etc.
3. Verify Total payable Amount.
4. Click on “Make Payment “button.
5. It will be redirected on selected Merchant’s website to process payment.
6. Insert OTP received on your registered Mobile Number with Bank.
7. After successful payment transaction, it will be redirected on e-Auction portal with
payment confirmation (Success/ Failed).

Bid Security Payment Success confirmation

8. On successful payment, bidder will be able to submit IPO.

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 Payment Through Debit Card :

Pay Bid Security through Debit Card

1. Select mode of payment “Debit Card” and Card type and Bank.
2. Click on “Make payment” Button.
3. It will be redirected on selected Merchant’s website to make payment.
4. Insert Debit card details like Number, Expiry Date and CVV etc.
5. Insert OTP which received on your registered Mobile Number with Bank.
6. After successful payment transaction, it will be redirected on e-Auction portal with
payment confirmation (Success/ Failed).

Bid Security Payment Success confirmation:

7. On successful payment, bidder will be able to submit IPO.

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 Payment Through Net Banking :

Pay Bid Security through


Net Banking

1. Select “Net Banking” as payment mode.


2. Select desire Bank from the available List.
3. It will be redirected on selected bank’s website to make payment.

4. Enter selected bank’s Net banking User Id / Customer Id & Password.


5. Process the payment (Steps may vary from bank to bank).
6. After successful payment transaction, it will be redirected on e-Auction portal with
payment confirmation (Success/ Failed).

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Bid Security Payment Success confirmation:

7. On successful payment, bidder will be able to submit IPO.

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 Payment Through NEFT / RTGS :

Pay Bid Security through


NEFT / RTGS

1. Click on NEFT / RTGS Button to generate online Bid Security Challan.


2. Verify Bid security amount, Challan’s expiry date and click on print button to
generate the pdf file of the challan.
Challan Copy

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3. Take the print out of generated Challan, and submit the same in Bidder’s Bank to
process the Bid Security.

4. Challan will be valid up-to Challan expiry date.


5. It will be redirected on e-Auction portal with payment Status: “Awaited”.
6. Successful payment will be reconciled and updated within Two (2) Working days in
e-Auction Portal along with online Receipt and bidder will also get email for updated
payment status: “Success”.

7. After Successful Bid security payment, the option for initial premium (IPO) will be
available for final submission.

Bid Security Refund:


 Refund of Bid Security will be initiated online only after competition of e-Auction
Process (Annulled/ Completed).

 Refund Amount (without any paid charges/taxes/ interest) will be deposited in the
Bank Account provided in Registration/Profile page on e-Auction portal.

The Bidder should also note that a Bid will be considered as submitted if and only if the
Bidder has submitted the Initial Premium Offer. Only such Bids will be opened for which
Initial Premium Offer has been submitted. It is further clarified that saving of Technical
Bid without saving of the Initial Premium Offer will be treated as non-submission of bid.

Upon successful submission of Initial Premium Offer, the Bidder shall receive a bid
acknowledgement from the system automatically.

The Bidder has an option to edit Technical Bid and initial premium offer as many times as it
wishes till the final submission date and time.

Modification / Withdrawal of Bid

If after submission of Initial Premium Offer and before the scheduled closing time for Bid
submission a Bidder wishes to make changes in its Bid. The Bidder will be able to save and
submit its new Bid again.

If after final submission of Bid and before the scheduled closing time for Bid submission a
Bidder wishes to withdraw its bid, it can do so by clicking the “Withdraw Bid” option. By
withdrawing a bid, a Bidder will lose the opportunity to re-submit its Bid against the same
minor mineral block(s).

(ii) Offline submission of certain original documents

The bidders shall submit the following documents in original in sealed cover within
the scheduled closing time for bid on the Bid Due Date. The sealed cover should

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clearly bear the following identification: Original Documents (Technical Bid) for
Block Name _____ and shall indicate the name and address of the Bidder. In
addition, the documents shall contain page numbers:

(a) Bid Letter as provided in Annexure I of Schedule I of the Tender Document

(b) Bid Security in substantially the same format as provided in Annexure II of


Schedule I of the Tender Document;

(c) Power of Attorney in substantially the same format as provided in Annexure III
of Schedule I of the Tender Document, including the extract of the charter
documents and documents such as a board or shareholders resolution
authorizing the execution of this power of attorney; and

(d) Affidavit in substantially the same format as provided in Annexure IV of


Schedule I of the Tender Document.

(e) Any other document as may be specified in the Tender document.

The aforementioned documents shall be submitted at the address as mentioned under


Clause 12.1.2 of the Tender Document.

In case bidders need any technical help regarding e-Auction or if training required to
participate in online e-Auction, they can contact (n)Procure Support team:-

(n)Code Solutions - Division of GNFC Ltd.,


(n)Procure Cell
503, GNFC Infotower, S.G. Road
Bodakdev, Ahmedabad – 380054 (Gujarat)

Toll Free: 1-800-419-4632

Deadline for online submission of (i) Technical Bid and the Initial Premium Offer
with supporting documents; and (ii) offline submission of certain original documents

The bidders shall also note that online submission of Technical Bid and the Initial
Premium Offer with supporting documents and offline submission of certain original
documents shall be allowed only up to time and date as per Bid Due Date specified in
Clause 10 of the Tender Document. Bidders in their own interest are advised to
complete the entire process well in advance to avoid any last minute hiccup / technical
problems. No complaints shall be entertained in this regard at any stage.

(iii) Evaluation of Technical Bid

a. Evaluation of Technical Bid

Technical Bids will be evaluated in the manner provided in the Tender Document.
Each Technically Qualified Bidder will be intimated of its technical qualifications

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individually. The e-auction platform provider will conduct training and mock-
auctions for all the Bidders on e-auction platform.

b. Opening of Initial Premium Offer

Initial Premium Offers will be opened one day before the scheduled date of e-auction
of the respective minor mineral block.

For example, Initial Premium Offers for minor mineral block(s) scheduled for e-
auction on 02.01.20xx will be opened on 01.01.20xx. All Technically Qualified
Bidders will be ranked in accordance with Clause 7.1A(d).

The Qualified Bidders as per top 50% ranking principle (subject to minimum criteria
as specified in the Tender Document) will be intimated by a system generated e-mail.
The email will only state that the recipient of the email has been qualified for the
second round of auction and the Floor Premium (highest Initial Premium Offer) for
the second round of auction.

b. Stage 2: Electronic Auction Final Premium Offer


a. Intimation to Qualified Bidders

Along with the above intimation, the Bidder will also receive information regarding
applicable Floor Premium for second round of e-auction of the minor mineral block
which is the highest Initial Premium Offer received from the Technically Qualified
Bidders.

It is expressly clarified that Bidders should not expect to receive the information on
the second highest IPO received from the Technically Qualified Bidders as a matter of
usual course.

It shall be the sole responsibility of the Bidder to regularly check the website
www.cgm.gujarat.gov.in and https://cgm-eauction.nprocure.com and log in to see
whether it has qualified for a certain minor mineral block or not.

b. Conduct of e-auction

E-auction is the process of inviting binding Final Premium Offer(s) from Qualified
Bidders through internet for the purpose of determination of the Preferred Bidder.
During this process, the Qualified Bidder will be able to submit its Final Premium
Offer as many times as it wishes against the same minor mineral block. The Qualified
Bidder will remain anonymous to other Qualified Bidders participating in the
electronic auction process as well as to (n)Code and Commissioner of Geology and
Mining, Government of Gujarat. The Qualified Bidder will be able to see the
prevailing highest Final Premium Offer against the minor mineral block, but the
name of the highest Qualified Bidder at any point of time will not be displayed. The
Qualified Bidder shall have to put its Final Premium Offer over and above the
displayed highest bid by a minimum increment of 0.05% to become the highest
Qualified-Bidder. The electronic auction process will have a scheduled start and close

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time which will be displayed on screen. A Qualified Bidder will be able to put its
Final Premium Offer after the start of bid time and till the close time of electronic
auction. The current server time (IST) will also be displayed on the screen. In the
event a Final Premium Offer is received during the last 8 (Eight) minutes before the
scheduled close time of electronic auction, the close time of electronic auction will be
automatically extended by 8 (Eight) minutes from the last received bid time to give
equal opportunity to all other Qualified Bidders. This process of auto extension will
continue till no Final Premium Offer is received during a period of 8 (Eight) minutes.

For example, assuming that the initial scheduled close time for a particular electronic
auction is 1:00 pm and a Final Premium Offer is received at 12:55 pm, the scheduled
close time shall be revised to 1:03 pm. Again if a Final Premium Offer is received at
1:01 pm, the scheduled close time shall be revised to 1:09 pm and so on. In the event
that no further Final Premium Offer is received till 1:09 pm, the electronic auction
will close at 1:09 pm. The revised close time will be displayed on screen and the
Qualified Bidders are advised to keep refreshing its webpage to get the latest
information.

The above example is only illustrative and meant for explaining the e-auction process
only.

During the process of electronic auction, the Bidder shall be required to sign their
bids with their respective digital signature certificate (DSC) and the use of which has
been duly authorised on behalf of the Bidder and which was used at the time of
registration. Any digital signature certificate other than the above shall not be
acceptable for bid submission by the system. Bidders in their own interest are advised
to get themselves acquainted with the electronic auction process of auction platform
provider by getting their Authorised Representative trained beforehand through some
demo electronic auctions as per Clause 10 of the Tender Document.

Digital Signature Certificate

A Bidder shall be required to possess a valid Digital Signature Certificate (DSC) of Class
III signing and Encryption type to be able to submit its Bid and to participate in the
electronic auction on website https://cgm-eauction.nprocure.com For this purpose, Bidders
shall be required to authorize its Authorized Signatory to procure a class III DSC of signing
and Encryption type from any Certifying Authority or their authorized agencies in India.

The bidder may note that only one user id will be mapped with a given DSC for the
Authorized Signatory. DSC once mapped with a particular user id of a bidder will
normally not be changed and therefore Bidders are advised to carefully select the DSC.

The Digital Signature Certificate will be used to digitally sign the Bids that the Bidder will
submit online.

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It will be the sole responsibility of the Bidder and its respective Authorized Signatory to
maintain the secrecy of the password for the Digital Signature Certificate. The Bidder and
its Authorized Signatory shall be solely responsible for any misuse of the DSC and no
complain / representation in this regard shall be entertained at any stage by (n)Code
Solution and Commissioner of Geology and Mining, Government of Gujarat.

The system requirements are as follows:

 Minimum Requirements: Minimum Hardware and Software requirements are as


under:
 Computer with Window OS (with full Administrative rights, All upgrades and .Net
Framework-2)
 IE 8.0 or above, Mozilla Firefox, Google Chrome
 Valid Class III Digital Signature Certificate
 High speed Internet Connection
 Download and run setting file available on https://cgm-eAuction.nprocure.com
portal under Important Links => Download =>Run JRE as per your system.
 Run (n)Code PKI Component.

For https connections, please check the following configurations for different browsers:
1. Firefox – Go to URL https://localhost:13591 and add security exception to allow
connections.
If connection error still comes, Go to URL about:config and set value for
security.mixed_content.block_active_content to false and
security.mixed_content.block_display_content to true.

2. Chrome - Go to URL chrome://flags/#allow-insecure-localhost and click on


Enable and restart Chrome to allow connections.

3. IE 10 and above - Go to URL https://localhost:13591 and add certificate to Trusted


Root Certification Authorities if certificate error comes.

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Schedule IV: Format of Information Memorandum


[Attached separately to the Tender Document]

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Schedule V: Indicative Format of Payment Advice


No.

District Collector
Geology and Mining Office
Bahumali Bhavan, Block-C,
2nd Floor,Room No-213,
Amreli Gujarat - 365601
OR
Commissioner of Geology and Mining,
Block Number 1,
th
7 Floor, Udhyog Bhavan, Sector 11,
Gandhinagar,
Gujarat – 382010] 36

Date:

To,
[Name of Preferred Bidder]
[Address of Preferred Bidder]

Sub: Payment Advice with reference to tender number [Insert Tender Number] and e-auction
dated [Insert Date] for grant of a quarry lease for [Name of Mineral Block] for [Name
of Minerals] in ………… Village, ……………. Taluka, ………………… District on
………………… Hectare Area of Survey No. ……………

The Government of Gujarat, pursuant to the Mines and Minerals (Development and
Regulation) Act, 1957 (the “Act”) and the Gujarat Minor Mineral Concession Rules, 2017 as
amended from time to time (the “Rules”), issued the notice inviting tender dated [Insert Date]
to commence the auction process for grant of quarry lease for [Name of Mineral Block]
located in [Name of the District of Gujarat]. The e-auction process was conducted in
accordance with the tender document for the said mineral block and [Name of the Preferred
Bidder] was declared as the ‘Preferred Bidder’ under sub-clause (d) of sub-rule (2) of rule 7
of the Rules.

As required under sub-rule (1) of rule 8 of the Rules, [Name of the Preferred Bidder] is
required to make payment of the first instalment, being twenty per cent of the upfront
payment of Rs. [Insert Amount (both in number and words)] through [Mode of Payment] in
[details of account to be specified by the Government of Gujarat] latest by [last date of
making of payment to be specified, as prescribed in Clause 10 of this Tender Document].
36
Note: Delete whichever is inapplicable.

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In case the [Name of the Preferred Bidder] is unable to make the payment within the
specified period as mentioned above, the Government of Gujarat reserves the right to void
the auction process for grant of quarry lease for [Name of Mineral Block] and appropriate the
entire Bid Security of [Name of the Preferred Bidder].

This Payment Advice does not authorize the commencement of mining operations. Mining
operations must not be commenced prior to registration of the quarry lease and only after
receipt of all applicable consents and approvals.

District Collector, Amreli


OR
Commissioner of Geology and Mining 37

Copy to:
1.

2.

3.

37
Note: Delete whichever is inapplicable.

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Schedule VI: Indicative Format of Letter of Intent

No.

District Collector
Geology and Mining Office
Bahumali Bhavan, Block-C,
2nd Floor,Room No-213,
Amreli Gujarat - 365601
OR
Commissioner of Geology and Mining,
Block Number 1,
th
7 Floor, Udhyog Bhavan, Sector 11,
Gandhinagar,
Gujarat – 382010] 38

Date:

To,
[Name of Preferred Bidder]
[Address of Preferred Bidder]

Sub: Letter of Intent with reference to tender number [Insert Tender Number] and e-auction
dated [Insert Date] for grant of a quarry lease for [Name of Mineral Block] for [Name
of Minerals] in ………… Village, ……………. Taluka, ………………… District on
………………… Hectare Area of Survey No. ……………

1. Background:

1.1. The Government of Gujarat, pursuant to the Mines and Minerals


(Development and Regulation) Act, 1957 (the “Act”) and the Gujarat Minor
Mineral Concession Rules, 2017 as amended from time to time (the “Rules”),
issued the notice inviting tender dated [Insert Date] to commence the auction
process for grant of quarry lease for [Name of Mineral Block] located in
[Name of the District of Gujarat]. The e-auction process was conducted in
accordance with the tender document for the said mineral block and [Name of
the Preferred Bidder] was declared as the ‘Preferred Bidder’ under sub-clause
(d) of sub-rule (2) of rule 7 of the Rules.

1.2. As required under sub-rule (1) of rule 8 of the Rules, [Name of the Preferred
Bidder] has made payment of the first instalment, being twenty per cent of the

38
Note: Delete whichever is inapplicable.

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upfront payment of Rs. [Insert Amount (both in number and words)] through
[Mode of Payment] dated [date of making of payment], which was received on
[Date of receipt of payment].

2. Grant of Letter of Intent

2.1. Accordingly, pursuant to sub-rule (2) of rule 8 of the Rules, the Government
of Gujarat is issuing this letter of intent for grant of Quarry Lease for [Name
of Mineral Block] for [Name of Minerals] in ………… village, …………….
Taluka, ………………… District on ………………… Hectare Area of
Survey No. ……………to [Name of Preferred Bidder] for a period of 5 (five)
years. Upon issuance of this letter of intent, [Name of Preferred Bidder] shall
become the “Successful Bidder”.

3. Conditions

3.1. This letter of intent and the subsequent grant of aforementioned quarry lease
shall be subject to the provisions of the Act and the rules made thereunder, as
amended from time to time, and [Name of the Preferred Bidder] shall be
granted the quarry lease only upon satisfactory completion of all the
requirements under the Act and the rules made thereunder.

3.2. For reference, the requirements under the Rules for grant of the quarry lease to
[Name of the Preferred Bidder] are reiterated below. It is clarified that the
requirements mentioned below are only for reference and in the event of any
change in the Act or the rules made thereunder, the requirements under the
modified Act or the rules made thereunder, as the case may be, shall be
applicable.

(a) Conditions to be fulfilled by the “Successful Bidder” within 1 (one)


year from the date of issuance of the letter of intent]:

(i) continuing to be in compliance with all the terms and


conditions of eligibility;

(ii) furnishing performance security which is INR [amount in


figures] (Rupees [amount in words]) as specified in the Rules;

(iii) satisfying the conditions specified Chapter VIII of the Rules


with respect to a mining plan (including the mine closure plan);

(iv) furnishing financial assurance as specified in the Rules;

(v) obtaining all consents, approvals, permits, no-objections, access


rights and the like as may be required under applicable laws for

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commencement of mining operations including environment


clearance;

(vi) payment of exploration charges, if any; and

(vii) obtaining measurement of the lease area by District Inspector


of Land Records

(viii) [Additional conditions, if any, to be mentioned here as required


under clause (g) of sub-rule (3) of rule 8 of the Rules] 39

The Successful Bidder may request the Government of Gujarat to


extend the time period so prescribed, by filing a written application for
extension at least one month prior to the expiry of the originally
prescribed period. The application for extension shall provide bona-
fide reasons for seeking an extension and such reasons should be
beyond the control of the Successful Bidder.

The Government of Gujarat may, at its sole discretion and for reasons
recorded in writing, grant an extension to the Successful Bidder by an
additional period of note more than 6 (six) months if the reasons for
delay are beyond the control of the Successful Bidder. In case the
Government of Gujarat does not grant an extension, the letter of intent
shall expire in accordance with the terms thereof leading to automatic
cancellation of the entire process of auction.

Explanation: For the purpose of this Clause 3.2(a), the date of issuance
of the letter of intent by Government of Gujarat to the Preferred Bidder
to become Successful Bidder shall be the date on which the letter of
intent is hand delivered to the Preferred Bidder or date on which letter
of intent is sent by Registered Post Acknowledgment Due.

(b) Conditions for Grant of Quarry Lease

Subsequent to fulfillment of the conditions mentioned under Clause 3.2


(a) above, [Name of the Preferred Bidder] shall make payment of the
second instalment being eighty per cent of the upfront payment which
is INR [amount in figures] (Rupees [amount in words]) within thirty
days and thereafter the Government of Gujarat shall issue a written
order for grant of the aforementioned quarry lease.

In the event that [Name of the Preferred Bidder] fails to make payment
of the second instalment of Upfront Payment within the prescribed

39
Note: To be retained in case the State Government has specified other conditions

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period of thirty days, an amount equal to Performance Security shall be


appropriated and the letter of intent shall become void..

The date on which a duly executed quarry lease deed is registered shall
be the date of commencement of the quarry lease and the successful
bidder shall ensure that it achieves registration of the quarry lease deed
within thirty days from the date of its execution. The Government of
Gujarat shall have the right to appropriate the performance security
provided by the successful bidder in the event that the successful
bidder fails to register the quarry lease within the prescribed period of
thirty days and the order for grant of quarry lease shall, in such cases,
become void.

3.3. This Letter of Intent does not authorize the commencement of mining
operations. Mining operations must not be commenced prior to registration of
the quarry lease and only after receipt of all applicable consents and approvals.

[Kindly return the duplicate copy of this Letter of Intent duly signed by the
authorized signatory of the Company and furnish a suitable Board Resolution in
token of having accepted the above terms and conditions. The accepted copy of
Letter of Intent along with Board resolution should be submitted latest by [Insert
Date40]. Please note that the date of issuance of this Letter of Intent shall be as
set forth in the proviso to sub-rule (3) of Rule 8 of the Rules, and such date is the
relevant date for computation of time period under sub-rule (3) of Rule 8 of the
Rules.] 41

[Kindly return the duplicate copy of this Letter of Intent duly signed by you in
token of having accepted the above terms and conditions. The accepted copy of
Letter of Intent should be submitted latest by [Insert Date42]. Please note that the
date of issuance of this Letter of Intent shall be as set forth in the proviso to sub-
rule (3) of Rule 8 of the Rules, and such date is the relevant date for computation
of time period under sub-rule (3) of Rule 8 of the Rules.]43

District Collector, Amreli


OR
Commissioner of Geology and Mining 44
Copy to:
1.

2.

40
Note: Date to be specified, which is fifteen days from the date of issuance of this Letter of Intent.
41
Note: To be retained if the Preferred Bidder is a Company.
42
Note: Date to be specified, which is fifteen days from the date of issuance of this Letter of Intent.
43
Note: To be retained if the Preferred Bidder is an individual.
44
Note: Delete whichever is inapplicable.

May 10, 2019 Page 74 of 75


Tender Document for Auction of Ordinary Sand & Gravel Block - Amreli

3.

May 10, 2019 Page 75 of 75

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