GUJARAT STATE ELECTRICITY CORPORATION LIMITED

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1 GUJARAT STATE ELECTRICITY CORPORATION LIMITED Bidding Document And Technical Specification For Lifting of coal by Road from SECL mines, Transportation of Coal from SECL mines to siding by Road mode, loading of coal rakes from siding & dispatch F.O.R destination upto TPS of Gujarat State Electricity Corporation Ltd. Tender Specification No.: GSECL/Fuel/SECL Coal/E- Auction/Transportation/2011 Tender Fee: Rs. 15,000/- Prepared By: Fuel Department, GSECL, Corporate Office, Vidyut Bhavan, Race Course, Vadodara:

2 INDEX Section Particulars Page Nos. I Instruction to Bidders II Scope and Terms & Conditions III IV Annexure Technical Specification, Sampling, Analysis and Penalties SPECIAL TERMS & CONDITIONS FOR TRANSPORT CONTRACT: Annexure-I Bidder s Details and Technical Bid Format Annexure-II Schedule of Deviations 28 Annexure-III Price Bid Format 29 Annexure-IV Bid Guarantee Format for E.M.D. 30 Annexure-V Bid Guarantee Format for Security Deposit 31 Annexure-VI Contract Form Tender SECL e auction Transport-F0.doc 1 of 33

3 SECTION I: INSTRUCTIONS TO BIDDERS 1.1 INSTRUCTIONS: The Gujarat State Electricity Corporation Ltd. (GSECL), Vadodara, India invites On- Line Tenders (through e-tendering), from the eligible bidders for Lifting of coal by Road from SECL mines and Transportation of Coal from SECL mines to siding by Road mode, loading of coal rakes from siding and dispatch from siding to F.O.R. destination upto Thermal Power Stations of GSECL on the terms and conditions specified in this tender specification The bidder should obtain all necessary and related statutory clearances applicable for the above work from the concerned Authorities The Notice Inviting Tenders (NIT) is placed on the Websites on 25 th October Bidder shall submit their offer through On-Line Tender and in physical form named as Physical Tender as per the system of making bids and its submission prescribed in clause no. 1.2 below. It is mandatory for the Bidder to submit the offer in both modes i.e. On-Line Tender and Physical Tender. In case of non-receipt of On- Line Tender and Physical Tender in time, their bid shall be ignored The Physical Tender should reach at the office of Chief Engineer (Fuel), GSECL, Vidyut Bhavan, Race Course, Vadodara: , Gujarat, India on or before 16:00 hrs. (IST) of _19 th November-2011 (Saturday) The last date of submission of On-Line Tender is on or before 17:00 hrs. (IST) of 19 th November 2011 (Saturday). After such date and time, On-Line Tender will be closed and its submission will not be possible thereafter. No extension shall be granted in any circumstances whatsoever The Physical Tender should be sent by Regd. Post A.D./Speed Post only. Courier/ Telegraphic/ FAX/ Telex message Bids will not be accepted under any circumstances The Physical Tender received after the hour and the date, so fixed above, will not be considered and no further correspondence will be entertained The Technical Bids of Physical Tender and On-line Tender will be opened in the Office of the Chief Engineer (Fuel), GSECL, Vidyut Bhavan, Race Course, Vadodara: , Gujarat, India at 17:30 hrs. (IST) on _ 19 th November 2011 (Saturday) (if possible) Bidder's authorized representatives (up to two persons only) may attend the Bid Opening. The Technical Bids will be opened on the due date and the Price Bids of the qualified bidders will be opened at later date, which will be intimated to the qualified bidders In case, the date of Bid Opening happens to be a holiday, the bid shall be opened on the next working day. Tender SECL e auction Transport-F0.doc 2 of 33

4 At the time and date notified for opening of the tenders, the Technical Bids will be opened and the bids, which do not contain Demand Draft for Tender Fee and Demand Draft / Bid Guarantee for Earnest Money Deposit of the requisite amounts, will be disqualified and will be rejected outrightly The Bidder s Bid and the documents attached thereto shall be considered forming part of the Contract. 1.2 SYSTEM OF MAKING BID AND ITS SUBMISSION: The Tender Specification and Bidding Documents may be downloaded from the Website or (FOR VIEW, DOWNLOAD & ON-LINE SUBMISSION) and GSECL Website (FOR VIEW & DOWNLOAD) Bidders shall submit their tenders through e-tendering. The On-Line Tender and Physical Tender shall be submitted as prescribed below. Bidder should understand the e-tendering procedure thoroughly and then fill up/ submit the bids. No excuse of insufficient knowledge of e-tendering process shall be accepted Any deviation/ modification/ discrepancy between the Data/ Details/ Documents of the bids submitted by the Bidder in the On-Line Tender and the Physical Tender is not allowed and would be liable for rejection. No further communication in the matter shall be entertained On-Line Submission of Bids: i) For On-Line Submission of bids, the bidder is required to obtain Digital Signature Certificate (meant for e-tendering) from M/s. (n) Code Solution A Division of GNFC Ltd. and/ or from any other authorized agencies. The bidder, in whose name the Digital Signature Certificate / Registration is obtained, can only fill-up the On-Line Tender, as the same is not transferable. ii) The contact details of M/s. (n) Code Solutions are as under: M/s. (n) Code Solutions A division of GNFC Ltd. 403, GNFC Infotower, Bodakdev, Ahmedabad: Toll free: Tel: / 12/ 16/ 17/ 25 Fax: Website: iii) Bidders shall fill-up/ submit On-Line Tender in the formats provided in the Bidding Documents. The Bidding Documents form the parts of Technical Bid and Price Bid. Bidder shall also upload the required documents as prescribed in clause no below. iv) Bidders may take out prints of the filled tenders for their record purpose and for the required submission of the Physical Tender before the bid is submitted On- Line, as it will not be possible to do so after closing of On-line tender. Tender SECL e auction Transport-F0.doc 3 of 33

5 1.2.5 Physical Submission of Bids: i) The Physical Tender in a sealed envelope, superscripted as "Physical Tender", shall contain the required documents as prescribed in clause no below. a. The bidders shall submit their Physical Tender in three envelopes at the same time on or before the notified date and time fixed for the submission of Physical Tender. b. The first envelope, superscripted as Tender Fee/ EMD shall contain the Demand Draft towards Tender Fee and Demand Draft or the unconditional and irrevocable Bid Guarantee towards Earnest Money Deposit (As per Annexure-IV). c. Second envelope superscripted as "Technical Bid", shall contain the Tender Specification (downloaded from the Website) duly signed and sealed and Annexure-I (Printout from their On-line Tender ) duly signed and sealed by the bidder along with other Bidding Documents viz. Schedule of Deviation (as per Annexure-II) duly filled in, signed and sealed by the Bidder. d. The above two envelopes shall be enclosed in the third envelope, superscripted as Physical Tender. All the envelopes shall be individually sealed, signed, superscripted and addressed. e. At the time and date notified for opening of the tenders, the envelope of Tender Fee/ EMD will be opened first and then the Technical Bid envelope will be opened. The Bids which do not contain Demand Draft for the payment of Tender Fee and/or Demand Draft/ Bid Guarantee for the payment of Earnest Money Deposit will be rejected and the Technical Bid envelopes of those Bids will not be opened. If the bidder indicates the prices in the Technical Bid then the bid will be rejected. f. The Bidder's Bid and the documents attached thereto shall be considered as forming part of the Contract Documents. g. The sealed envelope of Physical Tender containing the Bids, Tender fee, Bid Guarantee etc. must be sent to Chief Engineer (Fuel) at the address given below: Chief Engineer (Fuel) Gujarat State Electricity Corporation Ltd. Vidyut Bhavan, Race Course, Vadodara: , Gujarat, India. Tel # (Direct), Mob.# Fax # (Direct) This envelope must show on the outside, the name of the Bidder and his address. In addition, the lower left-hand corner of the envelope should indicate the following: Tender No. GSECL/Fuel/SECL Coal/E-Auction/Transportation/2011. Bid for Lifting of coal by Road from SECL mines and Transportation of Coal from SECL mines to siding by Road mode and loading of coal rakes from siding, dispatch from siding to F.O.R destination upto Thermal Power Stations of GSECL. Last date for receipt of Physical Bids Hrs. on and the Bid Opening date. h. Bids shall be fully in accordance with the requirement of this document and the Specifications attached thereto. i. All information in the bid shall be in English only; Erasures and other changes shall be noted over the initials of the person signing the Bid. Tender SECL e auction Transport-F0.doc 4 of 33

6 1.2.6 Mode of Submission of the Required Documents: i) The tender specification warrants the submission of several documents to ascertain that the bidder meets with the Minimum Qualifying Requirements and other technical and commercial qualification requirements prescribed in the tender specification. ii) The bidder shall therefore understand the requirements and submit the documents strictly as prescribed below. Any deviation to this is liable for disqualification of the bids/ bidder. Tender Particulars of Documents Reference Clause no. Demand Draft towards payment of Tender Fee of Rs. 15,000/- Clause no. Demand Draft /Bank Guarantee of requisite amounts towards EMD Clause no. 1.4 Letter of authority from the Company/Joint Venture/ Consortium in favour of the person, who is authorized to submit the bid. Clause no. Details of past experience in lifting of coal by Road, transportation of coal and loading of coal rake, dispatch by Rail to Power utilities or others in the last two financial years (i.e. from & ) showing order wise details of quantity together with the name, address and Fax/Tel No. of the Clause no Clause no & Clause no Customers Experience Certificates from the customers for the satisfactory performance Copy of the statutory clearances/ approvals from the respective statutory authorities in favour of the Bidder for lifting of coal from mines and transportation of coal from mines to siding with the offered quantity. Proof of the siding owned by bidder in the SECL or nearby Area from where coal loaded in to the rakes or bidder has to submit support letter from siding owner for loading of coal rakes from siding Copy of audited annual accounts for the last three years, bank credit limits, bank references, of the bidder/ both members of the joint On-Line Submission Scan and Upload Scan and Upload Scan and Upload Scan and Upload Scan and Upload Scan and Upload Scan and Upload (Optional) Physical Submission Original DD Original DD /BG Original Original 1 Copy of each 1 Copy of each 1 Copy of each document venture/consortium. Tender SECL e auction Transport-F0.doc 5 of 33

7 Clause no Clause no Details of net worth of the bidder as reflected in the balance sheet as on of the bidder duly certified by Chartered Accountant Copy of the Agreement or MoU entered into by the joint venture/ Scan and Upload Scan and Upload (Not for Single Bidder) consortium partners Annexure-I Bidder s Details and Technical Bid Bidding Document Annexure-I to be filled up Annexure-II Schedule of Deviations Bidding Document Annexure-II to be filled up Annexure-III Price Bid Bidding Document Annexure-III to be filled up Original 1 Copy 1 Print Out of the Annexure-I duly signed, sealed along with attachment 1 Print Out of the Annexure-II duly signed, sealed. NOT TO BE SUBMITTED IN PHYSICAL BID All information in the bid shall be in English only; Erasures and other changes shall be noted over the initials of the person signing the Bid. 1.3 TENDER FEE AND BID GUARANTEE/E.M.D.: The bidder shall pay a non-refundable tender fee of Rs. 15,000/- (Rupees fifteen thousand only) by way of Crossed Demand Draft or Banker s Cheque in the name of Gujarat State Electricity Corporation Ltd., payable at Vadodara A Bid Guarantee i.e. unconditional E.M.D. of Rs Lakhs (Rs. Fifty lakhs) must submitted along with the offer in either of the following forms (a) or (b): a) Total Rs Lakhs (Rs. Fifty lakhs) by way of Crossed Demand Draft or Banker s Cheques in the name of Gujarat State Electricity Corporation Ltd. payable at Vadodara. OR b) By way of an Acceptable Bank Guarantee from any Nationalized Banks including Public Sector Bank (IDBI Bank Ltd.), Private Sector Banks (AXIS Bank /ICICI Bank/ HDFC Bank), Commercial Bank (Kotak Mahindra Bank), Regional Rural Banks of Gujarat (Saurastra Gramin Bank/ Baroda Gujarat Gramin Bank/ Dena Gujarat Gramin Bank) and Co-operative Banks of Gujarat (Kalupur Commercial Co-op. Bank Ltd./ Rajkot Nagarik Sahakari Bank Ltd./ Ahmedabad Mercantile Co-op. Bank Ltd.)), in favour of Gujarat State Electricity Corporation Ltd.. The Bank Guarantee shall be as per the proforma in Annexure-IV The validity of the above Bank Guarantee shall be at least for 60 days from the date of opening of Technical bid and the same shall be extended as may be required. Bids with Bank Guarantee of shorter period may be rejected. Tender SECL e auction Transport-F0.doc 6 of 33

8 1.3.4 Any bid not accompanied by Tender Fee and Bid Guarantee or Demand Draft or Banker s Cheques of the amount specified in clauses & or of less than the amounts specified in the above clauses shall be disqualified The Contract Agreement unless otherwise agreed to shall be signed by the successful Bidder within 7 days from the date of Detailed Order at the office of the Purchaser on the date and time mutually agreed upon as per the prescribed format [enclosed hereto in Annexure-VI], on submission of Security Deposit-cum-Performance Bank Guarantee as per format of GSECL [Annexure-V] which shall be submitted within 7 days from the date of Detailed Order/LOI. Failure of the successful bidder to complete the requirement of submission of Security-cum-Performance-Bank-guarantee shall constitute a sufficient ground for annulment of the award of contract and forfeiture of the Earnest Money Deposit. The EMD of the successful bidder will be returned only after furnishing of Security Deposit-cum- Performance Bank Guarantee and signing of the Contract Agreement EMD of unsuccessful bidders shall be refunded on finalization of the Tender i.e. acceptance of the Tender of successful Bidder and submission of SD by the successful Bidder. The BG/ EMD will be returned to the respective Bidders on their request along with original money receipt of GSECL towards EMD and advance stamped receipt of the same amount No interest will be paid on Bid Guarantee / Earnest Money Deposit. 1.4 SIGNATURE ON BIDS: The On-Line Tender shall be submitted with the Digital Signature Certificate (meant for e-tendering) of the authorized person of the bidder. The Physical Tender must contain the name, designation and place of Business of the person with Phone and Fax Nos. of persons making the bid and must be signed and sealed by the Bidder with his usual signature by the same person submitting the On-line Tender A Bid by a Joint Venture or Consortium must be furnished with the full names of both partners and be signed with the partner s name, by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person or persons signing. A letter of authority shall be furnished with Bid Bids by corporations / companies must be signed with the legal name of the Corporations/Companies by the President, Secretary or any other person or persons authorized to bind the corporation/company in the matter Each page of the Technical Bid of Physical Tender has to be numbered consecutively, signed and sealed. 1.5 BIDDERS MINIMUM QUALIFYING REQUIREMENTS: The bidder can be a single bidder bidding on his own or on a joint-venture/consortium basis formed by maximum of two partners. A party cannot submit multiple bids, either as a single bidder or on a joint-venture/consortium basis by forming multiple consortiums Tender SECL e auction Transport-F0.doc 7 of 33

9 with different members. To qualify, bidder shall satisfy all the following minimum threshold criteria Bidder shall furnish proof regarding owner of siding in the SECL & nearby area, or have to submit a support letter/agreement from owner of siding from where the Bidder will load the coal rakes In case of single bidder, the bidder and in case of joint venture/consortium, at least one member of the joint venture/consortium must have carried out lifting, transportation and loading of coal rakes from siding and dispatch to end user like power/steel/cement etc. average minimum quantity of 1.00 lakh ton of coal over a period of one month during last two years (i.e. From 1 st April 2009 to 31 st March 2011). Details of orders executed, with quantity and value, together with name and address of Purchaser with Fax No./ Telephone No. are to be attached. Bidders shall also submit experience certificates from their customers for their satisfactory performance in support of their offers Bidder or any one of the members of the joint venture/consortium should have some experience of wagon loading/unloading & surface transportation The bidder must demonstrate sound financial status as defined in this clause to the satisfaction of GSECL. Documentary proof including copy of audited annual accounts for the last 3 years, bank credit limits, bank references, etc. of the bidder, and in the case of joint-venture/consortium bidders, of all members of the joint-venture/consortium shall be attached. The Documentary proof shall include but not limited to: a) Audited Financial Accounts b) List of Banks from which references can be obtained with the contact details i.e. Address, Telephone and Fax Nos. Listing of Bankers shall be deemed an authorization by the bidder/joint Venture / Consortium of multiple bidders for the Purchaser to request such references and for the bankers to release them to the Purchaser In the event of the bidder being a joint venture/consortium, the Purchaser requires that both the parties of the joint venture/consortium accept joint and several liabilities for all the obligations under the agreement. Bids submitted by a venture/ consortium shall comply with the following requirements: a) The bid, and in case of a successful bid, the Contract Agreement shall be signed so as to legally binding on both. b) One of the partners shall be authorized to be in charge and this authorization shall be evidenced by submitting a power of attorney signed by legally authorized signatories of both the partners. c) The partner in charge shall be authorized to incur liabilities and receive instructions on behalf of any one or of both partners of the joint venture/consortium and the entire execution of the contract including payment shall be done exclusive with the partner in charge. d) Both partners of the joint venture/consortium shall be liable jointly and severally for the execution of the contract in accordance with the contract terms. Tender SECL e auction Transport-F0.doc 8 of 33

10 e) A copy of the agreement or MOU entered into by the joint venture/ consortium partners shall be submitted with the bid. f) In case of bidding through a joint-venture/ consortium basis, no change in the jointventure/consortium partners will be allowed without the prior permission of the Purchaser Notwithstanding anything stated above, the Purchaser reserves the right to assess the credibility, capability and capacity to perform the contract should circumstances warrant such an assessment in the overall interest of the Purchaser and bidder shall furnish all other required documents to the Purchaser The Purchaser also reserves the right to seek such additional information as it may deem fit to satisfy itself of the eligibility of the Bidder. 1.6 CONCLUSION: Bidders must ensure that the conditions laid down for submission of offers are completely and correctly fulfilled. It should be particularly noted that no change in proforma for Bid Guarantee is acceptable Bids, which are not complete in all respects as stipulated above, or without Tender Fee/ EMD will be liable for rejection without any intimation to the bidders The Price Bids of only those bidders will be opened whose offers meet with the Minimum Qualifying Requirements and whose techno-commercial offers are acceptable to GSECL GSECL reserves the right to accept or reject any Offer or all the Offers without assigning any reasons thereof. GSECL also reserves the right not to order any quantity against this tender, if the rates received do not prove to be economical/ beneficial to the overall interest of the Company. In such cases, the EMD will be refunded to the bidders without any interest. GSECL s decision in this regard shall be final and binding to all the bidders It shall not be binding upon GSECL to accept the lowest or any bid. It shall not be obligatory on the part of GSECL to furnish any information or explanation for the cause of rejection of tender or part of the tender. GSECL also reserves the right to split-up the tender, as it deems fit amongst successful bidders. The part order should be acceptable to the bidder at the same quoted rate, terms and conditions. Moreover, in the event of placement of part orders, the distribution of shipments shall be solely to the discretion of GSECL and the same shall be binding to bidders Canvassing Not Permitted: The Bidder should abstain from pursuing/ canvassing the matter, directly or indirectly with any Officer of GSECL, as otherwise, their tender would be liable for disqualification. 1.7 VALIDITY OF OFFER: Your offer should be valid for acceptance for a period of at least 30 days from the date of opening of the Technical Bids. Tender SECL e auction Transport-F0.doc 9 of 33

11 1.8 Evaluation of Bids: The charges as per scope of work including Colliery expenses for lifting of coal, transportation charges from SECL mines to siding, siding charges and loading of coal rakes from siding including siding charges, handling of coal/stocking, shifting, weighment, man power and dispatch upto TPS of GSECL including loading supervision in Rs./Mt (inclusive of all taxes and duties) shall be evaluated. Tender SECL e auction Transport-F0.doc 10 of 33

12 SECTION-II: SCOPE OF WORK AND TERMS & CONDITIONS 2.1 INTRODUCTION: The Gujarat State Electricity Corporation Ltd. intends for lifting of coal (which is offered from E auction quota) from SECL mines by Road, transportation of about 1.20 Lakh MT of Coal from SECL coal from mines to siding by Road and loading of coal rakes from siding from following SECL coal mines for its delivery F.O.R. destination upto Thermal Power Stations of GSECL. However, the actual coal quantity will be as per coal quantity allocation received from SECL The tentative coal quantity to be lifted and transported from coal mines from where GSECL intends to lift the coal as shown below. Area Mine/Source Grade/Size Quantity (in MT) Bhatgaon Mahan II OCM Sized RoM C Gayatri UG Sized RoM C Bisrampur Rehar UG STM-C 7000 Rehar UG SLK-C 6000 Amera (Stock) Sized RoM C Kapildhara SLK-C 2000 Hasdeo Palkimara (MP) STM-C 3000 Palkimara (MP) SLK-D 3000 Jamuna UG 1&2 STM-C 300 J&K Jamuna UG 1&2 SLK-C 1500 Govinda STM-C 1000 Dhanpuri UG(Bunker) SLK-C 4000 Dhanpuri OCM (D sector stock) STM-C Sohagpur Johila Bangwar UG (Bunker) STM-D 1500 Bangwar UG (Bunker) SLK-D 7500 Rajendra (Bunker) STM-C 2500 Rajendra (Bunker) SLK-C Damini UG(Stock) Sized ROM C 6000 Birsinghpur STM-C 500 Birsinghpur SLK-D 500 Kanchan STM-C 2000 Pali STM-C 1500 Pinoura SLK-C 2000 Piparia STM-C 1000 TOTAL The Purchaser has planned to lift the coal within a period of one month (30 days) commencing from the date of the order/loi. The quantities mentioned above are tentative. Tender SECL e auction Transport-F0.doc 11 of 33

13 The quantity to be lifted from mines, transportation from mines to siding from where bidder intends to loading the coal rakes, loading of coal rakes from siding and dispatch F.O.R. destination upto TPS of GSECL Bidder should have own siding in the SECL & nearby area, from where coal loaded in to the rakes or bidder has to submit support letter/agreement from siding owner/railway siding/private siding for loading of coal rakes from siding by the Bidder Bidder can load the coal rakes from more than one siding to minimize the cost of transportation The Contractor shall be responsible to ensure proper loading of coal in the wagons and weighment of the wagons at colliery end, monitoring of coal proper loading and weighment of the coal wagons, monitor coal quantity, quality and size during loading and undertake all such steps, with the prior approval of GSECL, with 0% loss of coal during transit. 2.2 DEFINITIONS: In this Tender, the following terms shall be interpreted as indicated below: a) The Purchaser means Gujarat State Electricity Corporation Limited, Vadodara constituted under the Companies Act, 1956, its successors, representatives, heirs, executors and administrators as the case may be. b) The Contractor means the Company, firm or any other business enterprise, with whom the contract for Lifting of coal by Road from SECL mines and Transportation of Coal from SECL mines to siding by Road mode and loading of coal rakes from siding for dispatch from siding to F.O.R destination upto Thermal Power Stations of GSECL.is awarded, and shall be deemed to include the Contractor's successors (approved by the Purchaser), representatives, heirs, executors and administrators, as the case may be unless excluded by the terms of the contract. c) The 'Contract' means the agreement signed by the Purchaser and the Contractor in terms of Annexure VI including all attachments and appendices thereto and all documents incorporated by reference therein. 2.3 SCOPE OF WORK: The contractor shall have to lift the coal by Road from colliery, transportation of coal from mines to siding by Road and loading of coal rakes from siding including arrangement of siding, handling of coal/stocking, shifting, weighment and manpower etc, depatch from siding to F.O.R. destination upto TPS of GSECL. within 30 days from date of order. 0% shortage in quantity and without slippage in quality (subject to allowable tolerance). The scope of work includes all the activities but not limited to the following: a. Co-ordination with SECL authorities for lifting of coal from coal mines. b. Documentation for lifting of coal from SECL mines, transportation from mines to siding and loading of coal rakes from siding c. Road Transportation of coal from SECL mines to siding from where bidder intends to load the coal rakes Tender SECL e auction Transport-F0.doc 12 of 33

14 d. Unloading of coal by suitable equipment at siding e. Loading of coal by suitable equipment from siding to rakes f. Co-ordination with SECL and Railways. g. Loading of coal in clean & suitable wagon in free time. h. Monitoring loading of coal during transit by Road from colliery to siding, unloading at siding and loading the coal from siding into rakes. i. Providing security & measures to minimize handling loss during lifting from coal mines, transportation from mines to siding and loading in to rakes. j. Contractor shall regulate the loading of rakes as per the requirement, with out any financial implications on GSECL The Contractor shall be responsible for loading supervision to ensure proper loading of coal in the wagons and weighment of the wagons at siding, monitoring of coal proper loading and weighment of the coal wagons, monitor coal quantity, quality and size during loading and undertake all such steps, with the prior approval of GSECL, with 0% loss of coal during transit. The scope of work interalia includes the following acts to be performed by the contractor. a. The Contractor shall ensure adequate indents of the railway wagons are being submitted and also to obtain a regular allotment from the Railways. b. The contractor will keep the Power Stations Chief and CE (Fuel), HO GSECL informed about the movement, dispatches, receipts at various Power Stations. c. Contractor will inform Chief Engineer (Fuel), Head Office, GSECL regularly about route restrictions and allotment limitations imposed by the Railways, paucity of wagons, etc. on a day to day basis to facilitate the planning and scheduling coal movement and stock at power stations. d. Contractor shall supervise the weighment at the loading station and to ensure that weigh bridges at the booking stations are in working conditions; e. The contractor will be vigilant about satisfactory performance of process and handling plant at Collieries and in case of any fault, take it up with concern authority to rectify the same immediately. f. Contractor will ensure proper loading and dispatch of coal from collieries of SECL as per order quantity and quality of coal for which order placed by GSECL. g. Liaison with Coal companies, Railways, and other Contractors/contractors appointed by GSECL for the railway freight pre-payment, and such other Contractors GSECL would appoint from time to time. h. The contractor will essentially be responsible to ensure the supply of coal against the required quantity of coal through Railway, from the allotted collieries to the GSECL respective Power Stations. i. The contractor will supervise and ensure that the coal of the proper quantity and quality is loaded to the full carrying capacity of wagons up to prescribed limits which can be safely unloaded at the destination.. j. The contractor shall obtain day to day programme of movement, dispatch of the coal from the Railways and collieries on behalf of GSECL and furnish the said programme Tender SECL e auction Transport-F0.doc 13 of 33

15 to the respective Power Station and Chief Engineer(Fuel), Head Office at Baroda well in advance. k. The contractor shall ensure that while loading, coal is loaded upto the Carrying Capacity of the Railway wagons and there shall not be any overloading and underloading. l. The contractor should have to ensure that the coal allocated from E-Auction quota to GSECL power Station, is loaded as per the declared grade as per E-Auction quota allocated by SECL, without stone, mud or moisture. The contractor should also have to ensure that coal with excessive surface moisture, over size, lumpy, muddy, extraneous material is not loaded and dispatched to Power Houses. m. The contractor shall ensure that the authorities of the coal companies should obtain the clear forwarding note/railway Receipts with all detail from the Railway Authorities, after loading the coal, before dispatch of the wagons. The contractor shall collect such clear forwarding note/r.r. from coal companies and submit the same to the respective Power Station within week time. n. The contractor shall ensure that proper wagons bracket label indicating the full details such as name of colliery and type of coal in full form, along with its declared grade etc. are affixed on wagons and they are affixed in manner so as to remain on wagons till wagon reaches to destination, to enable clear identification of wagon for sampling. o. Railway Freight Payment will be done by GSECL through E Payment system of Railway. Hence, the contractor should have to ensure that Railway Siding should have FOIS connectivity for making Freight Payment through E-Payment system. 2.4 SERVICE CHARGES: The Bidder shall quote their minimum charges in Rs./MT for total scope of work, for lifting of coal from colliery, transportation from colliery to siding and loading of coal in to coal rakes from siding and dispatch from siding up to TPS of GSECL etc. including loading supervision (excluding freight charges from Railway Siding to GSECL TPS) in the specified in Price Bid Format at Annexure-III. The quoted charges shall be inclusive of all the costs, taxes, duties and levies except Service Tax, which shall be indicated separately as per Price Schedule Format (Annexure-III) and shall be paid against the submission of proof of having paid the same (Service Tax). No extra charges are payable over the accepted rates Statutory Variation: Statutory variation (increase or decrease) on account of the Service Tax shall be allowed as applicable during the contractual period with documentary evidence. Service tax shall be paid on submission of supporting documents having paid the same Service charges shall include all colliery expenses, manpower, handling of coal/stocking, shifting, weighment rail, siding charge etc. as applicable. Tender SECL e auction Transport-F0.doc 14 of 33

16 2.4.4 The service charge per ton is fixed and is not subject to any adjustment except for Service Tax (statutory variation as per clause above). All charges shall remain firm for the entire contract period The service charge (inclusive of Service Tax) per ton paid by Purchaser as per scope of work under the Agreement includes all sums to be borne by Contractor for all taxes of every nature, which are assessed or may be assessed as a result of handling and transportation of coal pursuant to the Agreement. Contractor s acceptance of the amounts paid by Purchaser for coal delivered under the Agreement shall constitute full and final settlement of any and all claims by Contractor for costs or expenses (including, without limitation, taxes, fees, governmental impositions, assessments, premiums, and penalties) incurred or paid by Contractor, either while the Agreement is in effect or at any time in the future, with respect to the handling and transportation of coal pursuant to the Agreement. Contractor agrees to defend, indemnify, and hold Purchaser harmless from and against any claim or liability for any such taxes, fees, governmental impositions, assessments, premiums, or penalties The freight charges from siding to respective TPS of GSECL will be paid by GSECL through E-Payment system of Railways, so the Contractor has to ensure that the siding should be connected through E-Payment system. 2.5 PAYMENT TERMS: % Payment: Contractor shall raise manually signed Invoices rake wise for 100% value of the Charges as per the Contract (in Rs. per Mt) and for the quantity lifted from SECL Colliery and transported to siding and loaded in to coal rakes from siding upto respective TPS of GSECL. After completion of the entire lot quantity to be lifted from colliery as advised, the joint reconciliation of quantity as per bill raised by SECL from E-auction quota to GSECL and as per weighment of Quantity of the coal received at TPS of GSECL, whichever is lower will be released within 7 days from the receipt the Invoice. Payment Voucher prepared and audited by the Site Office for 70% of the Invoice Value will be sent to CE (Fuel), GSECL, Vadodara and the payment will be released by cheques from GSECL, Vadodara Balance 30% Payment: The Balance 30% payment after deduction of penalties for quantity and any other recoveries as per provisions of the Contract will be released from the Corporate Office at Vadodara by cheques within 15 days from the date of signing of Joint Reconciliation Statement for the quantity lifted from SECL colliery as per billed quantity by SECL and as per weighment of Quantity of the coal received at TPS of GSECL, whichever is lower after completion of the entire total coal quantity to be lifted from colliery/mines of SECL as advised by GSECL. 2.6 DETERMINATION OF QUANTITY: Tender SECL e auction Transport-F0.doc 15 of 33

17 2.6.1 Quantity: The Contractor shall lift the coal from SECL colliery, transport from colliery to siding and loading the entire quantity of coal from siding and dispatch upto TPS of GSECL without any shortage. The Contractor shall be paid their charges for the quantity of coal received at TPS of GSECL. The contractor may depute representative for witnessing the weighment of coal at TPS of GSECL. a. Any shortage in quantity lifted from SECL colliery (as per SECL bill) and coal quantity received at TPS of GSECL, shall be recovered from the Contractor at 1.5 times i.e., 1.5 times the cost of Coal lifted from SECL colliery/mines. b. The penalty for non-lifting charges/delay in supply of coal to TPS beyond stipulated time, as charged by SECL, will be recovered from your bills. 2.7 METHODOLOGY FOR DETERMINATION OF QUANTITY: The quantity billed by SECL for lifting from colliery and quantity of coal received at TPS of GSECL out of which lower quantity shall be considered for the payment of Remuneration Charges. The contractor may depute representative for witnessing the weighment of coal at TPS of GSECL. 2.8 ADJUSTMENTS FOR QUANTITY: Adjustment for quantity is to be done on completion of total quantity allocated from each colliery/mine of SECL from where coal has been allocated to GSECL. 2.9 QUALITY: The quality of coal shall be measured by sampling and analysis of coal at TPS Laboratory of GSECL and TPS analysis should confirm to the declared grade. In case of grade slippage if any measured at TPS Laboratory, the difference in the cost of coal applicable as per SECL will be recovered from the contractor. Bidder may depute his representative for witnessing sampling and analysis of coal at TPS Laboratory Execution: The whole contract is to be executed to the entire satisfaction of the Purchaser/GSECL Contractor s responsibility: The Contractor shall be solely responsible for the execution of the contract in all respect in accordance with the conditions of the contract Security-cum-Performance Bank Guarantee: On acceptance of the bid, the Seller shall furnish a Security-cum-Performance Bank Guarantee in the proforma of GSECL (as per Annexure-V) from any Nationalized Banks including Public Sector Bank (IDBI Bank Ltd.), Private Sector Banks (AXIS Bank /ICICI Bank/ HDFC Bank) within 7 (Seven) days from the date of Detailed Order/LOI, by the Seller for an amount equivalent to the total value of coal cost of the ordered quantity of Tender SECL e auction Transport-F0.doc 16 of 33

18 coal to be lifted & transported by contractor from SECL mines by GSECL i.e., approx. Rs.21.0 Crore. The Security-cum-Performance Bank Guarantee shall remain in full force and effective during the period that would be taken for satisfactory performance and fulfillment in all respect of the contract and shall continue to be enforceable for 60 days after the date of loading of last rake from siding. The Security-cum-Performance Bank Guarantee and/or any amendment there to shall be executed on a stamped paper of requisite money value in accordance with the Bombay Stamp Act as applicable to Gujarat. In addition to the Security Deposit as above, the successful Contractor shall have to submit an Indemnity Bond for the amount of total quantity of Coal to be lifted from SECL as order quantity as advised by GSECL as per GSECL's proforma on the Stamp Paper of the requisite amount CONTRACTOR S FAILURE TO PERFORM: Subject to the conditions of Force Majeure as per clause 2.14 below, failure to perform shall cover, but will not be limited to any act prejudicing interest of GSECL for smooth and uninterrupted lifting of coal from SECL colliery, transportation upto siding and loading of coal from siding. In case the Contractor fails to effect the deliveries without prior written consent of Purchaser or due to conditions other than Force Majeure, Purchaser has the right to procure and transport the quantity of the product so defaulted at the Contractor s risk and cost in all respect. In such an event the Contractor shall reimburse any differential costs incurred by Purchaser over and above the value originally contracted by Purchaser with the Contractor plus 15% of the new contract value (towards administrative charges) within 30 days after the date Purchaser notifies the Contractor of such differential costs arising out of performance of the handling services by other parties. Purchaser will also have the right to deduct such differential costs in part or full from any payments due to the Contractor FORCE MAJEURE: If, at any time during the continuance of this contract, the performance in whole or in part by either party of any obligation under this contract shall be prevented or delayed by reason of any war, hostility, act of the public enemy, civil commotion, sabotage fires, floods, explosion, epidemics, quarantine restrictions, strikes lockouts or acts of God (hereinafter referred to as event ), then provided notice of the happening of any such event is given by either party to the other within twenty one days from the date of occurrence there of neither party shall by reason of such event be entitled to terminate this contract nor shall either party shall have any claim for damages against the other in respect of such non-performance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such event has come to end or ceased to exist, and the decision of the Chairperson, GSECL as to whether the deliveries have been so resumed or not shall be final and conclusive. Provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 Tender SECL e auction Transport-F0.doc 17 of 33

19 days, either party may at its option terminate the contract provided also that if the contract is terminated under this clause, the Purchaser shall be at liberty to take over from the Seller at a price to be fixed by the Chairperson, GSECL, which shall be final, all acceptable material in possession of the Seller or supplied by the Seller at the time of such termination or such portion thereof as the Purchaser may deem fit excepting such materials, as the Seller may with concurrence of the Purchaser elect to retain Termination/ Cancellation: Purchaser reserves the right to cancel the contract in full or part by written notice of one month if the performance is not satisfactory in accordance with the contract/ order in opinion of GSECL or the contract is found uneconomical to GSECL. GSECL also reserves the right to terminate/ cancel the order by giving one month written notice without assigning any reason thereof Arbitration: Except as otherwise provided in the Contract Agreement, if any dispute or difference of any kind whatsoever (a Dispute ) shall arise between the Purchaser and the Contractor in connection with, or arising out of, or relating to the Contract Agreement or the breach, termination or validity hereof, the Purchaser and the Contractor shall attempt in good faith, for a period of thirty (30) days after the receipt by one party of a notice from the other Party of the existence of the Dispute, to settle such Dispute in the first instance by mutual discussions between the Parties If the Dispute cannot be settled within thirty (30) days by mutual discussions as contemplated by clause no , the Dispute shall finally be settled by arbitration in terms of the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or reenactment thereof The language of the arbitration shall be English, and the place of arbitration including for holding of any and every proceeding shall be Vadodara, Gujarat, India There shall be three arbitrators. Each Party shall select one arbitrator within 30 days after giving or receiving the demand for arbitration. Such arbitrators shall be freely selected, and the Parties shall not be limited in their selection to any prescribed list. The two arbitrators selected by the Parties shall select the third arbitrator. If a Party does not appoint an arbitrator who has consented to participate within 30 days after the selection of the first arbitrator, the relevant appointment shall be made by under Indian Arbitration and Conciliation Act The award rendered shall be in writing and shall set forth in reasonable detail the facts of the Dispute and the reasons for the arbitrators decision The award rendered in any arbitration commenced hereunder shall be final and binding on the Parties Notwithstanding the above, during the pendency of any arbitration, the Parties shall continue to perform their respective obligations hereunder The provisions of this Clause no shall survive the termination of the Contract Tender SECL e auction Transport-F0.doc 18 of 33

20 Agreement Jurisdiction: All the questions, disputes or differences arising under out of or in connection with the Tender/ Contract if concluded shall be subject to the exclusive jurisdiction of the court under whose jurisdiction the place from which the tender/ Acceptance of tender is issued, is situated i.e. Vadodara, Gujarat, India TRANSFER AND SUBLETTING: The Contractor shall not sublet transfer, assign or otherwise part with the contract or any part thereof to any third party either directly or indirectly ACCEPTANCE OF OFFER: The Purchaser reserves the right to accept/ to reject the offer in part or in full without assigning any reason thereof Purchaser reserves the right to place order on more than one bidder ISSUES RELATED TO ENVIRONMENT AUTHORITIES / PUBLIC: Issue related to environmental issues including public grievances (if any) shall be to the responsibility of the Contractor INDEPENDENT CONTRACTOR: The parties recognize and agree that Contractor is not an agent or employee of Purchaser nor any affiliate of Purchaser and that Contractor is independent of any managerial or other control or direction by Purchaser and is free to perform, by such means and in such manner as Seller may choose, all work in pursuance of commitments hereunder CONTRACTOR S ACCEPTANCE: Acknowledgment of the Detailed Order or shipment of coal under the Agreement shall constitute Contractor s acknowledgment and acceptance of all provisions herein and all provisions of the Detailed Order. Tender SECL e auction Transport-F0.doc 19 of 33

21 SECTION III: TECHNICAL SPECIFICATION, AND PENALTIES 3.1 Colliery: GSECL has applied for booking of coal from e-auction from the following SECL collieries, however final quantity of coal to be lifted will be as per coal quantity allocated by SECL will be advised by GSECL. Area Mine/Source Grade/Size Quantity (in MT) Bhatgaon Mahan II OCM Sized RoM C Gayatri UG Sized RoM C Bisrampur Rehar UG STM-C 7000 Rehar UG SLK-C 6000 Amera (Stock) Sized RoM C Kapildhara SLK-C 2000 Hasdeo Palkimara (MP) STM-C 3000 Palkimara (MP) SLK-D 3000 Jamuna UG 1&2 STM-C 300 J&K Jamuna UG 1&2 SLK-C 1500 Govinda STM-C 1000 Sohagpur Johila Dhanpuri UG(Bunker) SLK-C 4000 Dhanpuri OCM (D sector stock) STM-C Bangwar UG (Bunker) STM-D 1500 Bangwar UG (Bunker) SLK-D 7500 Rajendra (Bunker) STM-C 2500 Rajendra (Bunker) SLK-C Damini UG(Stock) Sized ROM C 6000 Birsinghpur STM-C 500 Birsinghpur SLK-D 500 Kanchan STM-C 2000 Pali STM-C 1500 Pinoura SLK-C 2000 Piparia STM-C 1000 TOTAL Weighment: The quantity will be determined as per coal quantity received at TPS of GSECL. The contractor may depute his representative to witness the weighment of coal quantity at respective TPS of GSECL Adjustment for quantity is to be done as per total quantity lifted from SECL colliery/mines as per SECL bills and total quantity of the coal received at TPS, which ever is lower to be considered as final. The above-mentioned quantity would be final and binding for the purpose of payment and application of penalty as specified in the tender. Tender SECL e auction Transport-F0.doc 20 of 33

22 3.3 Penalties: Penalty for any shortage in quantity: Penalty for any shortage in quantity lifted from SECL colliery (as per SECL bill) and total quantity of coal received at TPS, will be recovered from the Contractor at 1.5 times the Coal Cost, as follows: Penalty (Rs./Mt) = 1.5 x Coal Cost The penalty for non-lifting charges/delay in supply of coal: The penalty for non-lifting charges/delay in supply of coal to TPS beyond stipulated time, as charged by SECL, will be recovered from your bills Penalty for under loading and overloading: The charges for under loading and overloading if any as charged by Railways will be recovered from the Contractor Remuneration Charges, as penalty Penalty for Stones and other extraneous material: The contractor shall not be paid for the quantity of the Stones and other extraneous material received at TPS. The quantity of the Stones and other extraneous material received at TPS will be deducted from the total quantity of coal received at TPS qualifying for the payment. The penalty for the quantity of the Stones and other extraneous material received at TPS, will be recovered from the contractor as under: Penalty (Rs./Mt) = 1.5 x (Coal cost +Colliery expenses+lifting charges+transportation charges+siding charges+loading charges from siding to coal rakes+freight charges upto TPS of GSECL including all applicable taxes and duties) Penalty for receipt of lumpy & muddy coal: In case of receipt of lumpy and muddy coal at TPS for which complains are received from concerned TPS with the inspection report or documentary evidence, the charges may not be paid for quantity of lumpy and muddy coal. The penalty for the quantity of the lumpy and muddy coal received at TPS, will be recovered from the contractor as under: Penalty(Rs./Mt)= 1.5 x (Coal cost +Colliery expenses + Lifting charges + transportation charges + siding charges + Loading charges from siding to coal rakes + freight charges upto TPS of GSECL including all applicable taxes and duties) Penalty for grade slippage: The assessment of quality of coal shall be measured at respective TPS Laboratory, in case of grade slippage if any measured at TPS Laboratory, the difference in the cost of notified price of coal, applicable as per SECL, will be recovered from the contractor. The penalties as per clause no to above are applicable for the entire quantity of coal to be lifted. 3.4 Total amount Payable: Contractor shall raise rake-wise invoices for 100% value of the charges as per scope of work including colliery expense, Loading charges from colliery/mines, Transportation charges from mines to siding and loading charges from siding into coal rakes and dispatch from siding upto TPS of GSECL as per the Contract (in Rs./Mt) and for entire lot quantity from SECL Mines. After completion of total allocated quantity from each designated SECL Colliery/mines, the final charges payable will be Tender SECL e auction Transport-F0.doc 21 of 33