Consortium Agreement for Technology Supply in Tender by mzh44232

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									The Orissa Mining Corporation Limited
Request for Qualification for

Hiring of HEMM for Iron Ore Mining, Design, engineering and installation of stand-alone new
ore handling plant (OHP), Operation & maintenance of OHP & Mechanized wagon loading for
2.5 Million Tonnes Iron Ore per annum at Daitari.


RFQ Bid Specification No. 1/OMC/PROJECT/10
May, 2010


Additional General Manager (Projects),
OMC House, Bhubaneswar– 751 001
E-mail:ncsahoo@orissamining.com
Telephone : 0674 – 2393495
Fax : 0674 – 2396889
Website: www.orissamining.com




                                                                                1
3
                The Investment Model for the Project


                                                              Ore Handling
 Ad                                  Mining
                                                                  Plant

                                                                 MDO
 Capital
                                      MDO                   (reimbursed by
 Expenditure
                                                                 OMC)

 Operating
                                      MDO                           MDO
 Expenditure



       OMC envisages appointing a MDO through competitive bid process for its
stand-alone project at Daitari, District Keonjhar, Orissa, India. The project includes
expansion of mine, Design, construction, operation & maintenance of Ore Handling
Plant (OHP) including crushing, screening, conveying & mechanized wagon loading
system. Entire capital investments in mining are to be made by MDO. Investments in
mine operation at all times are to be made by MDO. The capital investments in OHP
are made by MDO and the same are reimbursed by OMC as per the terms and
conditions to be detailed in the Request for Proposal (RFP) document. The milestone
linked reimbursement for OHP to MDO will end with the successful commissioning of
OHP and the satisfactory operation of the OHP as per its Designed capacity for one
year from the date of successful commissioning. The expenditure for operation and
maintenance of OHP are to be made by MDO at all times.

For mining, OHP operation & maintenance and loading of processed iron ore onto
railway rakes, the MDO is to be paid on tonnage basis.


                                                                                    4
                                  Data Sheet

Sl.No. Particulars
1      Representative /       Additional General Manager (Projects),
       Contact Person         OMC House,
       and Address of         Bhubaneswar– 751001
       Communication          E-mail:ncsahoo@orissamining.com
                              Telephone : 0674-2393495
                              Fax : 0674-2396889
                              Website: www.orissamining.com
2      Validity of Proposal   6 months from the date of submission
3      Request for            Up to 25 days before the last date of submission of
       Clarification          RFQ proposal.
4      Type of proposal       RFQ proposal with all the documents mentioned in
                              chapter A12 (Checklist)
5      Copies of proposal     Bidder must submit an original proposal and 3 copies
                              of RFQ proposal with 2 CDs to OMC.
6      Submission time        14.07.2010 - 16.00 hours (Indian Standard Time)
       and date of RFQ
       proposal
7      Opening time and 14.07.2010 - 17.00 hours (Indian Standard Time)
       date of proposal
8      Technical Criteria    Chapter A 9
       to be met
9      Financial Criteria to Chapter A 9
       be met




                                                                                     5
                                Table of Contents
A1.    LIST OF ABBREVIATIONS                                                8
A2.    DEFINITION AND INTERPRETATION                                        9
       DEFINITIONS                                                           9
       RULES OF CONSTRUCTION                                                11
       GOVERNING LAW                                                        11
A3.    DISCLAIMER                                                           12
A4.    INTRODUCTION AND BACKGROUND                                          15
       INTRODUCTION                                                         15
       OBJECTIVE                                                            15
       BRIEF DESCRIPTION OF THE PROJECT                                     16
       BRIEF SCOPE OF WORK OF MINE DEVELOPER CUM OPERATOR (MDO)             16
       RESPONSIBILITIES OF OMC                                              17
       TERM OF THE PROJECT                                                  17
       MODE OF CONTRACTING                                                  18
       MODALITY OF PAYMENT FOR THE PROJECT                                  18
A5.    BIDDING SCHEDULE                                                     19
A6.    MODE OF AVAILABILITY OF RFQ BID DOCUMENT                             20
A7.    DATE & PLACE OF SUBMISSION AND VALIDITY OF RFQ PROPOSALS             21
       DATE AND PLACE OF SUBMISSION                                         21
       VALIDITY OF PROPOSAL                                                 21
A8.    DESCRIPTION OF THE SELECTION PROCESS                                 22
       SELECTION PROCESS                                                    22
       RFQ STAGE                                                            22
       RFP STAGE                                                            23
       FINANCIAL PROPOSAL EVALUATION STAGE                                  24
A9.    ELIGIBILTY CRITERIA                                                  25
       PROPOSALS INVITED                                                    25
       QUALIFYING PROPOSAL REQUIREMENTS                                     26
A10.   EVALUATION METHODOLOGY FOR RFQ                                       30
       METHODOLOGY FOR EVALUATING QUALIFYING PROPOSAL                       30
       METHODOLOGY FOR EVALUATING TECHNICAL PROPOSAL OF RFP STAGE           30
       METHODOLOGY FOR EVALUATION OF FINANCIAL PROPOSAL OF RFP STAGE        30
A11.   INSTRUCTIONS TO BIDDERS (ITB)                                        31
       OPENING OF PROPOSALS                                                 34
       DISQUALIFICATIONS                                                    35
       FURTHER INFORMATION                                                  36
A12.   CHECKLIST FOR BIDDERS                                                38
A13.   ANNEXURE 1- FORMAT FOR COVERING LETTER FOR QUALIFICATION PROPOSAL    40
A14.   ANNEXURE 2 -BIDDER’S EXECUTIVE SUMMARY                               42
A15.   ANNEXURE 3- FORMAT FOR SUBMISSION OF TECHNICAL CRITERIA AS PER RFQ   44

                                                                            6
A16.   ANNEXURE 4- FORMAT FOR SUBMISSION OF FINANCIAL CRITERIA AS PER RFQ   49
A17.   ANNEXURE 5 – LETTER OF SUBMISSION OF SUPPORTING DOCUMENTS.           52
A18.   ANNEXURE 6 - FORMAT OF MEMORANDUM OF UNDERSTANDING                   53
A19.   ANNEXURE 7 - POWER OF ATTORNEY FOR LEAD MEMBER OF CONSORTIUM         56
A20.   ANNEXURE 8 –POWER OF ATTORNEY FOR SIGNING OF BID                     59
A21.   ANNEXURE 9 – DEFINITION OF CASH ACCRUAL, NET WORTH AND ANNUAL TURNOVER
                                                                           61




                                                                            7
A1. LIST OF ABBREVIATIONS
DIOM    Daitari Iron Ore Mine
FEDAI   Foreign Exchange Dealers Association of India
FY      Financial Year
HEMM    Heavy Earth Moving Machinery
ICAI    Institute of Chartered Accountants of India
INR     Indian Rupee
JOA     Joint Operating Agreement
MDO     Mine Developer cum Operator
MoU     Memorandum of Understanding
MTPA    Million Tonnes (metric) Per Annum
OHP     Ore Handling plant
OMC     Orissa Mining Corporation Limited
RBI     Reserve Bank of India




                                                        8
A2. Definition and Interpretation

Definitions

2.1    “Authorized Representative and Signatory”:- Each Bidder shall Designate
      one person (“Authorized Representative and Signatory”) authorized to
      represent the Bidder in all matters pertaining to its proposal (against RFQ
      and/or RFP). This Designated person should hold the power of attorney duly
      authorizing him/her to perform all tasks including but not limited to sign and
      submit the proposal (against RFQ and/or RFP); to participate in all stages of
      the Bidding process; to conduct correspondence for and on behalf of the
      Bidder, and to execute the Project Agreement and any other documents
      required to give effect to the outcome of the Bidding process. The original
      power of attorney, duly notarized, in favor of the Authorized Representative and
      Signatory shall be enclosed by the Bidder along with the covering letter.
      (i)     In case of a company: A copy of Board resolution, affixed with common
              seal of company, authorizing the issuer who issues power of attorney
              in favour of an employee (Authorized Representative and Authorized
              Signatory for bidding process and project as mentioned in this bid
              document) of the company shall be submitted along with the above
              mentioned power of attorney.
      (ii)    In case of a registered partnership firm: The original notarized
              resolution signed by all partners for authorizing a partner as Authorized
              Representative and Authorized Signatory of the firm for the bidding
              process and project as mentioned in this bid document.
      (iii)   In case of consortium: If the Lead Member is a company then (i) and if
              the Lead Member is registered partnership firm then (ii) above.

2.2    “Bid Document” The Bid document comprises of definitions, rules of
      construction, description of the selection process, qualifying requirements and
      instruction to bidders, terms of agreement etc. made available to enable the
      Bidders to prepare their proposal at any stage of bidding process.
2.3   “Bidder” Bidder shall mean Bidding Company or a Bidding Consortium as
      defined in subsequent paragraphs.


                                                                                     9
2.4     “Bidding Company” Bidding Company shall mean the single entity that has
       submitted a Proposal for Qualification in response to this document.
       Forms of entities which are allowed for participation are:
       (i)    A registered company or
       (ii)   A Partnership firm registered in India

2.5    “Bidding Consortium”: If the Bid for the proposed project has been made by
       more than one entity (as provided in clause 2.4), then this group of entities is
       referred to as the Bidding Consortium. Bidding Consortium can be of maximum
       two members.
2.6    “Cash Accrual formula” Cash Accrual as defined in Annexure 9 of this
       document.
2.7    “Financial Year” shall mean the 12 month period corresponding to the audited
       financial statements.
2.8    “Iron Ore” means Ore containing more than 62 % Fe in case of lumpy ore and
       more than 60% Fe in case of fines.
2.9    “Lead Member of the Bidding Consortium”: “Lead Member” in case of
       bidding consortium shall mean the member of the consortium who is so
       Designated by the Consortium Members and meets minimum 51% of financial
       criteria (9.5.2) and meets at least the technical criteria as at clauses 9.5.1.1 ,
       9.5.1.2 , 9.5.1.3. and 9.5.1.5. Lead Member shall be solely responsible and
       liable for all activities including financial, legal, environmental etc. as per the
       terms of the bid documents (RFQ bid document, RFP document and Contract)
       on behalf of Bidding Consortium. The lead member shall sign the agreement
       with OMC.
2.10   “Mine Developer cum Operator (MDO)” would be the Bidder selected through
       bidding process. The MDO shall include its legal representatives, successors,
       permitted assignees, employees, agents, consultants or sub-contractors.
2.11    “Net Worth” Net Worth as defined in Annexure 9 of this document.
2.12   “Turnover” Turnover as defined in Annexure 9 of this document.




                                                                                       10
Rules of Construction

2.13   In this document unless the context otherwise requires:
2.14   Words imparting singular shall also include plural and vice-versa and any word
       defined in the singular shall have the corresponding meaning when used in the
       plural and vice versa.
2.15   The titles or headings in this Document are for convenience and easy
       reference only and shall not be taken into account for the purpose of
       construction or interpretation of this Bid Document.
2.16   Any reference to “person” shall include companies, firms, corporations and
       associations, whether incorporated or not and shall include their respective
       successors in business and permitted assignees.
2.17   A reference to any gender includes the other gender.
2.18   Unless otherwise specified, a reference to a Section, Clause, Annexure,
       Schedule, Attachment or paragraph is a reference to a Section, Clause,
       Annexure, Schedule, Attachment or paragraph of this Document.

Governing Law

2.19   The Document shall be governed by and interpreted in accordance with laws in
       force in India and the Courts of Orissa shall have exclusive jurisdiction over
       matters relating thereto.




                                                                                  11
A3. DISCLAIMER
3.1   This document comprises of general guidelines and conditions for bidding but
      not an offer by OMC to Bidders or any third party. The purpose of this
      document is to provide interested parties with information to facilitate the
      formulation of their Proposal to undertake this project and to convey the terms
      on which the work shall be assigned by OMC.

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

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

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

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




                                                                                      12
             Additional General Manager (Projects)
             Orissa Mining Co Additional General Manager (Projects),
             OMC House, Bhubaneswar– 751001
             E-mail:ncsahoo@orissamining.com
             Telephone : 0674 – 2393495
             Fax : 0674 – 2396889
             Website: www.orissamining.com
3.6   The Document and the information contained herein are strictly confidential
      and privileged and are for the exclusive use of the party to whom it is issued.
      This Document must not be copied or distributed by the recipient to third
      parties (other than, to the extent required by the applicable law or in confidence
      to the recipient’s professional advisors, provided that such advisors are bound
      by confidentiality restrictions at least as strict as those contained in this
      document). In the event that after the issue of the document the recipient does
      not continue with its involvement in the bidding process for any reason
      whatsoever, this document and the information contained herein must be kept
      confidential by such party and its professional advisors at all times.

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

3.8   The Bidder shall not make any public announcements with respect to this
      Bidding process or this document. Any public announcements to be made with


                                                                                        13
       respect to this bidding process or this document shall be made exclusively by
       OMC. Any breach by the Bidder of this clause shall be deemed to be non-
       compliance with the terms and conditions of this document and shall render the
       Proposal for Qualification liable for rejection. OMC shall have right to reject any
       or all bids at anytime during the bidding process because of breach of this
       clause. OMC’s decision in this regard shall be final and binding upon the
       Bidder.

3.9    It is clarified that the provisions of clauses 3.6, 3.7 and 3.8 shall not apply to
       information relating to this Document already available in the public domain
       prior to the issue of this document.

3.10   The bidder shall bear all costs associated with the preparation and submission
       of all the Proposals (against RFQ and/ or RFP). OMC and their consultants
       shall not, under any circumstances, be responsible or liable for any such costs.




                                                                                       14
A4. INTRODUCTION AND BACKGROUND
Introduction

4.1   Orissa Mining Corporation Limited (OMC) was jointly established by the Union
      Government and the State Government of Orissa in 1956. Subsequently in
      1963, it became a wholly State owned Corporation of Govt. of Orissa. OMC
      was the first public sector undertaking in the mining sector in India.
4.2   OMC owns mining properties containing iron, chromite, and manganese,
      spread over the state of Orissa.
4.3   OMC, a major producer of iron ore in the country, operates a number of iron
      ore mines, of which Daitari Iron Ore Mine (DIOM) is the flagship operation. The
      DIOM was developed as an export oriented unit in 1963 because of its reserve
      base and proximity to the Paradip Port.
4.4   The DIOM is an opencast mechanized iron ore mine situated at Daitari, District
      Keonjhar, Orissa. DIOM is located about 50 kms from JK Road Railway Station
      and about 150 km from Bhubaneswar.
4.5   Major portion of the reserve in DIOM mine is hard laminated, soft laminated
      and lateritic ores. The occurrence of blue dust is common with hard and soft
      laminated ore.
4.6   The existing operations at DIOM have a capacity of around 2 MTPA. To keep
      pace with sharp growing trend in iron ore demand in the global as well as
      domestic steel market, OMC intends to enhance the production level at DIOM
      through installation of a new stand-alone crushing and screening plant, down
      hill conveying system and mechanized wagon loading facility i.e ore handling
      plant (OHP). The combined production of sized ore (-40+10mm) and fines (-10
      mm) from the new installations at DIOM has been targeted by OMC at 2.5
      million tons per year.

Objective

4.7   OMC is looking for technically competent and financially sound Mine Developer
      cum Operator (MDO) to undertake the development and operation of iron ore
      mine at DIOM; Design, engineering and construction as well as operation and
      maintenance of OHP & delivery of iron ore at a new railway siding at Daitari
      including loading of products into railway wagons. Development of railway
      siding at an identified location at Daitari is also included within the scope of


                                                                                   15
       work of MDO.
4.8    The proposed expansion project shall be the standalone project with all the
       new installations required for the project. The proposed capacity expansion is
       for 2.5 MTPA and can be further increased by 50% to produce lump (-40 + 10
       mm) and fine (-10 mm).

Brief Description of the Project

4.9    The proposed plant shall process 2.5 million tons of iron ore per year. It has
       been envisaged that the MDO will mine 2.5 million tonnes per annum of iron
       ore from DIOM and the Run Off Mine (ROM) ore of about minus 1000 mm size
       will be crushed to an optimum size at the hilltop and will be transported to
       Orissa State Commercial Transport Corporation (OSCTC) area at the foothills
       through a suitable downhill conveyor system of approximately 4.5 km. The
       above crushed ore shall be subjected to further crushing and sizing, as
       required, in the plant to be installed at OSCTC area and screened to produce
       minus 40 mm plus 10 mm calibrated ore and minus 10 mm fines. These
       products will be stacked in the adjacent area and subsequently reclaimed and
       further transported to railway siding area at a distance of about 5 km through
       another conveyor for mechanized loading into railway wagons. A captive
       railway siding shall also be developed.

Brief Scope of work of Mine Developer cum Operator (MDO)

4.10   The brief scope of work of Mine Developer cum Operator (MDO) shall include
       the following:
       (i)      Development work incidental to mine expansion.
       (ii)     Mining of 2.5 MTPA iron ore with their own HEMM.
       (iii)    Design and construction of 2.5 MTPA crushing & screening plant,
                downhill conveying as well as mechanised wagon loading system i.e
                Ore Handling Plant (OHP).
       (iv)     Development of new railway siding near Daitari Railway Station.
       (v)      Operation and maintenance of OHP.
       (vi)     Assistance and follow up for obtaining all necessary approvals/
                statutory clearances required for the project which are not available
                with OMC.
       (vii)    All necessary site clearances/cutting of trees/site levelling.
       (viii)   Development of necessary residential facilities for the MDO’s
                workmen/employees.
                                                                                  16
       (ix)    Construction, repair and maintenance of all the facilities to be
               exclusively used by MDO.

Responsibilities of OMC

4.11   The scope of work of OMC shall include the following:
       (i)     Mine planning.
       (ii)    Provision for supply of water & power at a specified point as may be
               decided by OMC within the site on chargeable basis.
       (iii)   Provision of land for the development of residential facilities as may be
               available.
       (iv)    Filing of necessary applications for obtaining approvals/ statutory
               clearances.
       (v)     Repair and maintenance of common facilities.

Detailed scope of work of MDO and OMC will be provided in the RFP
document.

Term of the Project

4.12   OMC desires to select a competent party to be appointed as MDO for a period
       of 15 years to undertake the proposed project which includes the successful
       commissioning of the OHP.

4.13   The zero date or date of commencement of the project shall be the     date     of
       signing of the contract between the OMC and MDO.

4.14   The commissioning period for the OHP shall be 24 months by the MDO from
       the date of signing of contact between OMC and MDO.

4.15   In case the MDO is a Consortium, the lead member shall be bound by the
       contract for the above period of 15 years. However, the non lead member shall
       remain in Consortium for at least 3 years from the successful commissioning of
       the OHP. The modalities of detachment would be mentioned in RFP.




                                                                                     17
Mode of Contracting

4.16   The contract shall be signed by OMC with the preferred bidder as per the terms
       of RFP document. OMC shall enter into a single contract covering the entire
       scope of work with the successful bidder. In case the successful bidder is
       Consortium the contract shall be signed with the lead member of the
       consortium. However, the joint operating agreement/consortium agreement
       between the members of the consortium shall be an integral part of the contract
       with OMC.


Modality of Payment for the Project

The entire project is divided into two parts:

4.17   Part A shall comprise of the Design, engineering, supply, construction,
       execution, testing, commissioning & successful demonstration of Performance
       Guarantee test of the OHP.

4.18   Part B shall comprise of the mining, iron ore processing and transportation of
       2.5 MTPA of Iron ore from DIOM to the railway siding at Daitari including
       mechanized wagon loading. The operation and maintenance of the OHP for
       the entire duration of the Contract shall also be covered under the scope of the
       MDO.

4.19   The payments for Part-A shall be made progressively as per the terms and
       conditions of the RFP document to be issued subsequently to the eligible
       bidders. The payments for Part-B shall be made on Cost per tonne basis.

4.20   The details of payments for both Part-A and Part-B shall be enumerated in the
       RFP document.

4.21   In case the successful bidder is a consortium, all payments shall be made
       directly to the Lead Member only.



                                                                                    18
A5. BIDDING SCHEDULE
Sl. No.    Milestone                                           Date
                                                               From 29.05.2010 to
           Duration of availability of RFQ bid document from
   1.                                                          07.07.2010 up to
           OMC office/ Website
                                                               17.00 hours
           Last Date of receipt of RFQ bid document at         14.07.2010 up to
   2.
           OMC office                                          16.00hours
                                                               14.07.2010 at
   3.      Date for opening of RFQ proposals                   17.00hours(Indian
                                                               Standard Time)
           Issue of Draft RFP Document to the eligible         To be intimated
   4.
           bidders                                             separately
                                                               To be intimated
   5.      Conduction of site visit of the eligible bidder
                                                               separately
           Last date for receipt of queries from eligible      To be intimated
   6.
           bidders with regard to Draft RFP document           separately
                                                               To be intimated
   7.      Date of pre-bid meeting
                                                               separately
           Issue of final RFP document to the eligible         To be intimated
   8.
           bidders                                             separately
                                                               To be intimated
   9.      Date for opening of RFP proposals
                                                               separately
           Notification to the bidders Qualified through RFP
                                                               To be intimated
   10.     evaluation process for opening of Financial
                                                               separately
           proposal

                                                               To be intimated
   11.     Date for opening of Financial proposal
                                                               separately

           Issue of LoI to the preferred bidder as per the     To be intimated
   12.
           criteria of RFP document                            separately
           Submission of Performance Bank Guarantee as         Within specified time
   13.
           mentioned in RFP document.                          mentioned in RFP
                                                               To be intimated
   14.     Signing of Agreement
                                                               separately
OMC may change the above bidding schedule at its discretion with appropriate
intimation.
                                                                                   19
A6. MODE OF AVAILABILITY OF RFQ BID DOCUMENT
The RFQ bid document shall be available at www.orissamining.com and
www.orissagov.in. Alternatively the RFQ bid document can also be obtained from
the office of Additional General Manager (Projects), OMC House, Bhubaneswar-751
001.

The Bidders can either download the RFQ bid document from the website or can
obtain the same from the office of Additional General Manager (Projects), OMC
House, Bhubaneswar,– 751 001 on submission of cost of the RFQ bid document in
the form of crossed demand draft (non-refundable), drawn on any Public Sector
bank in favour of the OMC Ltd payable at Bhubaneswar. Any subsequent
corrigendum/ amendments and clarification issued by OMC shall also form an
integral part of RFQ bid document. RFQ bid document along with corrigendum/
amendments and clarification issued by OMC shall be downloaded and signed on
each page by the authorised signatory of the bidder for submission.

In case the Bidder has downloaded the RFQ bid document from the website, the
cost of tender shall be submitted alongwith the RFQ bid document.

The Cost of RFQ bid documents is Rs. 10,000.00(Rupees ten thousand only) and
the same can be obtained in person or by post from the Additional General Manager
(Projects), OMC House, Bhubaneswar,– 751 001 on any working day between 10.00
and 17.00 hours from 29.05..2010 up to 07.07.2010.

The cost of RFQ bid document is non refundable.

OMC takes no responsibility for any delay, loss or non-receipt of the RFQ bid
document sent by post.




                                                                               20
A7. DATE & PLACE OF SUBMISSION AND VALIDITY OF
    RFQ PROPOSALS
Date and Place of Submission

The RFQ proposal shall be received by the Additional General Manager (Projects),
OMC House, Bhubaneswar, Orissa - 751 001 on or before 14.07.2010 within 16.00
hours. The received RFQ proposals shall be opened on the same day at 17.00
hours. The Bidder’s representative may choose to be present at the time of opening
of the proposals for which they have to submit the authorisation certificate from their
organisation.

Any subsequent corrigendum/ amendments and clarification issued by OMC shall
also form an integral part of RFQ bid document. RFQ bid document along with
corrigendum/ amendments and clarification issued by OMC shall be downloaded
and signed on each page by the authorised signatory of the bidder for submission.


Validity of Proposal

The RFQ proposal submitted must remain valid for a period of six months from the
proposal submission date.




                                                                                    21
A8. DESCRIPTION OF THE SELECTION PROCESS
Selection Process

8.1   The selection process consist of the following steps:

      (i)     Request for Qualification (RFQ) stage
      (ii)    Request for Proposal (RFP) stage
      (iii)   Financial Proposal Evaluation stage

The RFQ proposal submitted by the bidders shall be accompanied by cost of RFQ
bid document and the documents specified in the RFQ bid document.


RFQ Stage

8.2   The RFQ proposal shall be initially scrutinized to establish “responsiveness”. A
      RFQ proposal shall deemed to be “Non-responsive” in the following cases:

      (i)     It is not signed and/ or sealed in the manner and to the extent indicated
              in the Bid document.
      (ii)    Cost of RFQ bid document not submitted
      (iii)   Prima-facie there is significant inconsistencies between the information
              submitted and the supporting documents.
      (iv)    It does not include sufficient information for it to be evaluated
              objectively

8.3   The Bidders need to submit a RFQ proposal demonstrating their Technical and
      Financial Capabilities.

8.4   The “Responsive” RFQ Proposals shall be evaluated to determine their
      compliance with the RFQ bid document requirements. For this purpose, OMC
      shall use the supporting documents and/ or information available with or
      obtained by OMC.




                                                                                    22
RFP stage

8.5   The Bidders qualified in RFQ stage shall be considered for RFP stage of the
      bid process.

8.6   The qualified bidders from RFQ Stage shall be issued Draft RFP document.
      OMC will conduct a site visit for the qualified bidders. OMC will also seek
      clarification, suggestions on the Draft RFP document as per the bidding
      schedule. OMC shall conduct a pre-bid meeting for the qualified bidders and
      issue the final RFP document to the qualified bidders. The bidders shall submit
      the cost of RFP document (to be specified in RFP) while submitting the RFP
      proposal. If a qualified bidder fails to submit the cost of RFP document and/or
      EMD then their bids will summarily be rejected.

8.7   The evaluation process shall start with the opening of Technical Proposals

8.8   The Technical Proposal shall be scrutinized to establish “responsiveness”. A
      Technical Proposal shall deemed to be “Non-responsive” in the following
      cases:

      (i)      It is not signed and/ or sealed in the manner and to the extent indicated
               in the Bid document.
      (ii)     Cost of RFP document not submitted
      (iii)    Earnest Money Deposit as mentioned in this document is not
               submitted
      (iv)     Prima-facie there is significant inconsistencies between the information
               submitted and the supporting documents.
      (v)      It does not include sufficient information for it to be evaluated
               objectively

8.9   The “Responsive” Technical Proposals shall be evaluated to determine their
      compliance with the Technical Proposal Requirements. For this purpose, OMC
      shall use the supporting documents and/or information available with or
      obtained by OMC.
                                                                                     23
8.10   The Bidders who meet the Technical Qualification Requirement of RFP Stage
       shall be considered for Financial Proposal Evaluation Stage of the bid process.


Financial Proposal Evaluation Stage

8.11   The Bidders qualifying the Technical Proposal Requirements of the RFP stage
       shall be considered for Financial Proposal Evaluation Stage.

8.12   The     Financial     Proposal   shall   be   initially   scrutinized   to   establish
       “responsiveness”. A Financial Proposal shall deemed to be “Non-responsive” in
       the following cases:

       (i)     It is not signed and/ or sealed in the manner and to the extent indicated
               in the Bid document.
       (ii)    Prima-facie there is significant inconsistencies between the information
               submitted and the supporting documents.
       (iii)   It does not include sufficient information for it to be evaluated
               objectively

8.13   The detailed information on Financial Proposal Requirements shall be available
       in tender documents of RFP stage.

8.14   The “Responsive” Financial Proposals shall be evaluated to determine their
       compliance with the Financial Proposal Requirements of RFP.




                                                                                          24
A9. ELIGIBILTY CRITERIA
Proposals Invited

9.1   The bidders are invited to submit Proposals against Request for Qualification,
      as specified in this document for Hiring of HEMM for Iron Ore Mining, Design,
      engineering and installation of stand-alone ore handling plant (OHP), operation
      & maintenance of OHP & mechanized wagon loading for 2.5 Million Tonnes of
      Iron Ore per annum at Daitari.

9.2   The bidders must familiarize themselves with local conditions and take them
      into account in preparing their Proposals at any stage. To obtain first-hand
      information on the proposed assignment and on the local conditions, bidders
      are encouraged to pay a visit to the mine site before submitting the Proposal.

9.3   Please note that (i) the costs of preparing the proposal and of negotiating the
      agreement, including visits to OMC, are not reimbursable as a direct cost of the
      Assignment; and (ii) OMC is not bound to accept any and/or all of the
      Proposals submitted by bidders without assigning any reasons thereof.

9.4   Bidder whose Contract / Agreement had been terminated within the preceding
      three years including the year in which the Tender/Bid is submitted, shall be
      ineligible to Bid for this Tender/Contract and the Bid if submitted, shall be
      rejected summarily.

      Provided, however, the above ineligibility shall not affect and disentitle a bidder
      from submitting the bid, if the termination of the Contract/Agreement or non
      achievement of the target specified above within the time frame indicated is not
      attributable to the said Bidder.




                                                                                       25
Qualifying Proposal Requirements

9.5   The Bidders has to satisfy the Technical Criteria, Financial Criteria mentioned
      below:

9.5.1 Technical Criteria

The interested Bidders shall adequately demonstrate the following technical
capabilities in RFQ Stage in order to be considered for the RFP stage of the Bidding
Process:

9.5.1.1 At least 3 years experience in mechanised opencast iron ore mining or any
      minerals other than minor minerals as specified in MMDR Act 1957 of India in
      the immediately preceding 10 years from 31.03.2010.

                                         AND

9.5.1.2 An annual production of Iron Ore or any minerals other than minor minerals
      as specified in MMDR Act 1957 of India, where the bidder must have handled
      a minimum tonnage of 0.75 million per annum in case of a single work or 1.25
      million per annum in case of two works, in any one of the preceding five
      financial years from 31.03.2010.

                                         AND

9.5.1.3The bidder shall possess at least 3 years experience of continuous operation
      and maintenance of 1.5 MTPA iron ore handling plant or plant of handling any
      minerals other than minor minerals as specified in MMDR Act 1957 of India,
      with crushing, screening and conveying facilities in the immediately preceding
      10 years from 31.03.2010.

                                         AND

9.5.1.4The bidder shall have proven technology, know-how of Design and
      engineering, experience in supply, erection or supervision of erection, testing
      and commissioning of 1.5 MTPA iron ore handling plant or plant of handling


                                                                                  26
        any minerals other than minor minerals as specified in MMDR Act 1957 of
        India, with crushing, screening and conveying system having a single flight of
        minimum 2KM length. One such plant should have been in continuous
        operation for at least 3 years in the immediately preceding 10 years from
        31.03.2010.

9.5.1.5The bidder shall have valid Employees Provident Fund (EPF) code certificate
        issued by the RPFC, Govt. of India

9.5.2   Financial Criteria

The bidder has to satisfy the following financial criteria in RFQ stage in order to be
considered for RFP stage of the Bidding process based on the figures as per the
Audited Accounts.

9.5.2.1 The Bidder shall have a minimum Net worth of INR 250 Crore as on 31st
        March 2009.

                                           AND

9.5.2.2The Bidder shall have a minimum annual turn over of INR 70 Crore in any
        one of the four preceding financial years from 31.03.2010.

                                           AND

9.5.2.3The Bidder shall have positive cash accruals in preceding four financial years
        and a minimum cash accrual of INR 35 Crore in any one of the four preceding
        financial years from 31.03.2010.



9.5.3. Eligibility Criteria in case of Consortium
9.5.3.1In case of a Bidding Consortium, the Lead member shall at least fulfil the
        technical eligibility criteria requirements as mentioned under Cl. 9.5.1.1,
        9.5.1.2, 9.5.1.3 and 9.5.1.5.




                                                                                   27
9.5.3.2In case the technical requirements as specified under Cl 9.5.1.4 are not
      available with the Lead Member; the same must be available with the non
      lead member of the Bidding Consortium.

9.5.3.3 The Lead member shall meet at least 51% of financial eligibility criteria (Cl.
      9.5.2.1, 9.5.2.2 and 9.5.2.3) and the Consortium shall meet the financial
      eligibility criteria as specified at clause 9.5.2. The financial criteria shall be
      met by aggregating the financial strengths of the Consortium Members.

9.5.3.4The maximum number of members (including the Lead member) in the
      Consortium shall not exceed two.

9.6   Note:

      (i)     The terms Net worth, Turnover and Cash Accrual shall have the
              meaning and definition as stated in this document.
      (ii)    Where the financial statement is expressed in currency other than
              Indian Rupees, the amount as described above shall be computed by
              taking the equivalent amount at the exchange rates prevailing on the
              bid submission date as stipulated by Foreign Exchange Dealers
              Association of India.
      (iii)   The bidders shall submit their financial qualifications as per the format
              attached in Annexure 4
      (iv)    In support of the Turnover, Net worth and Cash Accrual, the bidders
              shall submit audited documents certified by a chartered accountancy
              firm, which is recognized by ICAI. All documents submitted must be
              countersigned by the company secretary of the bidding company or the
              lead member of the Consortium.
      (v)     The bidders shall submit their technical qualifications as per the format
              attached in Annexure 3.
      (vi)    In support of the Cl 9.5.1.1, 9.5.1.2and 9.5.1.3 the bidders shall submit
              the work completion/execution certificate issued by the client. In those

                                                                                     28
         cases where the mine lease exist in name of bidder or the bidder is a
         member of the Board of Directors in the Clients company / firm then
         bidder shall submit the signed copy of the returns for mineral
         production filed with different Government authorities.
(vii)    The documentary evidence in support of the eligibility criteria
         regarding proven technology, know-how of Design and engineering,
         experience of 1.5 MTPA iron ore handling plant or plant of handling
         any minerals other than minor minerals as specified in MMDR Act
         1957 of India, with crushing, screening and conveying system having a
         single flight of minimum 2KM length should be enclosed.
(viii)   The documentary evidence in support of experience in supply
         ,erection or supervision of erection, testing and commissioning of 1.5
         MTPA iron ore handling plant or plant of handling any minerals other
         than minor minerals as specified in MMDR Act 1957 of India, with
         crushing, screening and conveying system having a single flight of
         minimum 2KM length should be enclosed. The bidders shall submit the
         performance details of the above plants indicating the parameters like
         annual production capacity, annual out put for at-least three years of
         operations etc. The performance details of at least one such plant,
         certified by the owners/clients of the said plant, shall be furnished.
         Bidder should also provide a certificate from their owner/client
         certifying successful installation of the said plant.
(ix)     OMC may seek additional information for the objective evaluation of
         the proposals at any time during the bidding process.




                                                                            29
A10. EVALUATION METHODOLOGY FOR RFQ

Methodology for Evaluating Qualifying Proposal

10.1   The methodology for evaluating the technical and financial capabilities of the
       Bidding Company shall be carried out based on the procedure stated in
       subsequent paragraphs.
10.2   A Bidder can bid as a Company or a Bidding Consortium.
10.3   In case of a Bidder being a Single Company, all the financial and technical
       criteria shall be met by itself. Bidder shall provide information in the formats
       attached with this document and they shall append required supporting
       documents with their RFQ proposal for evaluation.
10.4   In case the Bidder is a Consortium, the qualifying criteria will be as mentioned
       in paragraph 9.5.3. Bidder shall provide information in the formats attached
       with this document and they shall append required supporting documents and
       calculation methodology with their RFQ proposal for evaluation.
10.5   In case the Bidder is a Bidding Consortium, the members of the Bidding
       Consortium need to execute a Memorandum of Understanding (MoU) before
       submitting the bid and submit a copy of same with the bid. If the bidding
       consortium is successful and awarded with the Letter of intent, they shall
       submit a notarized Joint Operating Agreement (JOA) on a non-judicial stamp
       paper of appropriate value. The terms and conditions of the JOA will be issued
       in the RFP document.
10.6   OMC may seek additional information from the Bidders for the objective
       evaluation of the proposals at any time during the bidding process.

Methodology for Evaluating Technical Proposal of RFP Stage

10.7   The methodology of evaluation of Technical Proposal shall be specified in
       tender documents of RFP stage.

Methodology for Evaluation of Financial Proposal of RFP stage

10.8   The methodology of evaluation of Financial Proposal shall be specified in
       tender documents of RFP Stage.




                                                                                    30
A11. INSTRUCTIONS TO BIDDERS (ITB)

11.1   Bidders may request a clarification on the RFQ bid document up to 25 days
       before the Proposal submission date. Any request for clarification must be sent
       in writing by paper, mail, cable, telex, facsimile, or electronic mail to OMC’s
       address. The response if any of OMC to the queries of the bidders shall be
       published in the website of OMC & Govt. of Orissa website. The bidders are
       advised to visit the website regularly to notice the amendments, if any
       published by OMC. However it is not mandatory on the part of OMC to answer
       to any or all the queries of the bidders.

       It may be noted that, OMC shall not issue any amendments/clarifications in the
       website 15 days prior to the bid submission date.

11.2   The original RFQ Proposal shall be prepared in indelible ink / type written /
       computer print-out. It shall contain no inter-lineation or overwriting, except as
       necessary to correct errors made by the bidder itself. Any such corrections
       must be initialed by the Authorized Signatory of the bidder.

11.3   An authorized representative of the bidder initials all pages of the RFQ
       proposals. The representative’s authorization is confirmed by a written
       notarized power of attorney executed by the authorized signatory of the bidder
       on stamp paper of appropriate value. The same shall be submitted along with
       the RFQ proposals. A copy of Board resolution for authorized signatory shall
       also be submitted by bidders. In case the bidder is a registered partnership firm
       then all the partners of the firm shall authorize the signatory in writing on a
       notarized stamp paper of appropriate value.

11.4   The RFQ proposal along with supporting documents (wherever applicable)
       shall be submitted by Bidders in the manner as described in the following
       paragraphs.

11.5   The RFQ proposal’s outermost envelope shall have following inscription:


                                                                                     31
       “RFQ Proposal for Hiring of HEMM for Iron Ore Mining, Design,
       engineering and installation of stand-alone ore handling plant (OHP),
       operation & maintenance of OHP & mechanized wagon loading for 2.5
       Million Tonnes per annum at Daitari”

11.6   The original and 3 copies of the RFQ Proposal shall be placed in two different
       sealed envelopes respectively. The original RFQ proposal shall be marked
       and labeled as “Original RFQ Proposal”. Envelop consisting of 3 copies of RFQ
       proposal shall be marked and labeled as “3 Copies of RFQ Proposal”.

11.7   The Bidder shall also submit soft copy of its RFQ Proposal in two compact
       discs (2 CDs) in a separate sealed cover and place it in outer cover along with
       2 envelopes (hard copies in original and copies) mentioned above. The same
       shall be opened along with the hard copy. In case of any mismatch or conflict
       between the soft copy and hard copy of RFQ Proposal, the hard copy of RFQ
       Proposal shall prevail and be binding on the bidder.

11.8   The outer cover shall have four envelopes as detailed below.

       (i)     Envelope 1 – Please see chapter A12 for details.
       (ii)    Envelope 2 – Please see chapter A12 for details.
       (iii)   Envelope 3 – Please see chapter A12 for details.
       (iv)    Envelope 4 – Please see chapter A12 for details.

11.9   This outer envelope shall bear the submission address and shall be clearly
       marked, “DO NOT OPEN, EXCEPT IN PRESENCE OF THE COMPETENT
       AUTHORITY         FOR    EVALUATION.”       RFQ        Bid   Specification   No.
       1/OMC/PROJECT/10, Date: 29.05.2010, Due date of opening of bid
       :14.07.2010

11.10 The last date and time for the submission of the Proposals shall be 14.07.2010
       at 16.00 hours.

11.11 No submissions shall be allowed after the above deadline specified for
       submission of RFQ proposals.

                                                                                     32
11.12 The Bidder has the option of sending its RFQ proposals by registered post or
      submitting the same in person so as to reach the designated address by the
      time and date specified in the Bid Document. OMC shall not be responsible for
      any delay in the receipt of the RFQ proposals.

11.13 The Bidders must note that the RFQ proposals shall not be received by OMC
      by fax and email. Only those RFQ proposals which are received in sealed
      condition by OMC by post or in person till the last date and time specified for
      submission shall be considered by OMC.

11.14 Bidder must submit the following documents along with the Proposal in the
      envelopes specified in A 12:

      (i)     Original copy of RFQ bid document signed on all pages by the
              authorized representative of the Bidder.
      (ii)    Own valid Employee Provident Fund (EPF) Code certificate of the
              Bidder issued by the RPFC, Govt. of India in original or true
              copy/Photostat copy duly attested by a Gazetted Officer. Within three
              months of the date of issue of Letter of intent (LoI) the MDO should
              register its firm with R.P.F.C., Rourkela/Bhubaneswar and obtain either
              a separate P.F. code or Sub-code Number in order to regularize the
              matter of P.F. benefit to the employees/workers as per EPF Act, 1952.
      (iii)   Details of work experience as mentioned in the RFQ document
      (iv)    In case of a registered Company or Corporation
              a. Certificate of Incorporation, MoA and AoA
              b. Legal name, the nature of business along with year of incorporation
                 and full address of the registered office.
              c. Authorized, subscribed and paid-up capital, wherever applicable.
              d. The name and address of all the Directors, Chief Executives,
                 President, Secretary or other authorised persons of company or
                 corporation in the matter.




                                                                                    33
      (v)      In case of registered partnership, the name and address of all partners
               along with the copy of the registered partnership deed.

11.15 Submission of bid.

      The bidder can download the tender document from OMC website and submit
      the same along with the prescribed value for the tender paper in shape of
      Demand Draft drawn on any Public Sector Bank within Bhubaneswar in
      favour of Orissa Mining Corporation Limited payable at Bhubaneswar. The
      amendments / response if any published by OMC in the website are to be
      downloaded by the intending bidders and shall be signed on each page and
      submitted along with the RFQ bid document in the envelop specified in A 12
      However, if the tender documents submitted after downloading from OMC
      website found to have been tampered or differ from the tender documents
      available with OMC, the Bid of such Bidder shall be rejected. If the cost of
      tender is not paid as per the terms of this document then the Bid of such
      Bidder shall be rejected.


Opening of Proposals

11.16 The Proposals would be opened on the date and time specified in the Bid
      Document. Each bidder may send its representative to be present for opening
      the Proposals. The Bidder’s representatives shall be required to record their
      presence and initial the minutes of Proposal Opening.

11.17 The date and time of opening the RFQ proposals are on 14.07.2010 at 1700
      hours.

11.18 OMC shall evaluate the RFQ proposals on the basis of their responsiveness to
      terms of this bid document. A Proposal shall be rejected at this stage if it does
      not respond to the terms of this bid document.




                                                                                    34
Disqualifications

11.19 Notwithstanding anything to the contrary contained herein and without
      prejudice to any of the rights or remedies of OMC, a Bidder shall be disqualified
      and its Proposals dropped from further consideration for any of the reasons
      listed below:

      (i)      Misrepresentation by any Bidder or member of the Bidding Consortium
               in the Proposal for Qualification
      (ii)     Failure by the Bidder and/ or members of the Bidding Consortium to
               provide necessary and sufficient information as required and asked for
               in the Bid document.
      (iii)    A winding up/insolvency or other proceedings of a similar nature is
               pending against the bidder or consortium member or a receiver has
               been appointed for the assets of such member or consortium,
      (iv)     If any member of the consortium is shown as a member in another
               consortium also.
      (v)      The company or the consortium ceases to fulfil qualification criteria
               mentioned in this Bid document.
      (vi)     If the tender documents submitted by the bidder are found to have
               been tampered or differ from the tender documents available with
               OMC, the Bid of such Bidder shall be rejected.
      (vii)    If the cost of tender is not paid as per the terms of this document then
               the Bid of such Bidder shall be rejected.
      (viii)   If the bidder is under a legal bind not to do so.

11.20 If information becomes known after the bidder has been qualified, at any stage,
      to proceed with the bid process, which would have entitled OMC to reject or
      disqualify the relevant bidder/Consortium, OMC reserves the right to reject or
      disqualify the relevant Bidder/ Bidding Consortium at the time, or at any time,
      such information becomes known to it. Where such party is a Bidding


                                                                                    35
      Consortium, OMC may disqualify the entire consortium, even if it applied to
      only one member of the Consortium. OMC’s determination that one or more of
      the events specified under this section has occurred shall be final and
      conclusive.


Further Information

11.21 If at any time during the evaluation process OMC requires any clarifications,
      OMC reserve the right to request such information from any bidder or members
      of a bidding consortium and the bidder/members shall be obliged to provide the
      same within a reasonable time frame.

11.22 Strict adherence to the formats wherever specified, is required. Wherever,
      information has been sought in specified formats, the Bidder shall refrain from
      referring to brochures/ pamphlets. Non-adherence to formats and/ or
      submission of incomplete information may be grounds for declaring the Bid
      non-responsive. Each format has to be duly signed and sealed by the Bidder.

11.23 An interested party can be a member of one consortium only. If any party is a
      member of more than one Consortium, all such bids submitted by them shall be
      summarily rejected.

      In case of Bidding Consortium the Bid must mention the name of the Lead
      Member. The Bidding Company/the Lead Member should designate one
      person as Authorised Representative and Signatory to represent the Bidding
      Company/Consortium in its dealings with the OMC Representative.

      The lead member of the consortium, upon award of the contract shall not be
      changed during the term of the contract. In case of business combinations of
      mergers or acquisitions, the lead member shall inform OMC and the new legal entity
      so created shall be assigned all liabilities of the contract/agreement signed with
      OMC. Non-Lead member of a bidding consortium shall remain part of the consortium
      for at least three years from the date of successful commissioning of the OHP.



                                                                                       36
11.24 The Bidder shall fulfill the Technical and financial requirements of RFQ bid
      document in order to be considered for the next stage in selection process.

11.25 After the issue of tender documents of RFP stage and before the receipt of
      RFP from eligible bidders, a pre-bid meeting may be organized by OMC for
      clarifying the issues, if any, related to RFP documents. The decision of OMC
      on any issue shall be final and binding upon all the Bidders. The date and time
      of pre bid meeting shall be conveyed to all the Eligible Bidders at appropriate
      time.

11.26 The bid documents submitted by the bidders for RFP stage shall be
      accompanied by earnest money deposit of INR 5 (five) crore in the form of
      irrevocable bank guarantee from any of the Public Sector Banks valid for a
      period of one year from the date of submission of bids. Should it become
      necessary, the bank guarantee shall be enforceable at Bhubaneswar. The
      bank guarantee of the unsuccessful bidders shall be returned within 15 days of
      the issue of LOI to the successful bidder. For the successful bidder this bank
      guarantee shall be returned within one month of the receiving the performance
      guarantee as defined in this document and the signed agreement between the
      parties. The irrevocable Bank Guarantee shall be unconditional and on
      invocation, payment guaranteed there under shall be made forthwith by the
      Bank without making any reference or seeking any clarification from the bidder.

11.27 The Bidder which is finally selected shall be required to provide a Performance
      Bank Guarantee of INR 100 Crore payable at par in Bhubaneswar. The form
      and terms of this performance bank guarantee shall be specified in the RFP
      document. Bank Guarantee shall be acceptable only from Public Sector Banks.
      The amount of the Performance Bank Guarantee shall be reduced to INR 25
      Crore after one year of successful commissioning of the OHP. The details of
      the Bank Guarantee shall be specified in the RFP document. The other terms
      and conditions of this Bank Guarantee shall be in conformity with clause 11.26
      above.


                                                                                    37
A12. CHECKLIST FOR BIDDERS

Sl.    Documents to be submitted                          Envelope     Write
No.                                                       Number       *Y/N
  1.   Signed filled in check list as per Checklist A12   Envelope 1
  2.   Original copy of RFQ bid document along with Envelope 1
       corrigendum/ amendment issued if any by OMC
       signed on each page by Authorised Signatory of the
       bidder.
  3.   Cost of RFQ bid document                           Envelope 1
  4.   Notarised Power of Attorney (as per Annexure 8)    Envelope 1
  5.   Board Resolution / Resolution from all partners.   Envelope 1
  6.   Annexure 1 (Covering Letter)                       Envelope 1
  7.   True copy/Photostat copy of EPF duly attested by a Envelope 1
       Gazetted Officer
  8.   Notarised copy of certificate of Incorporation/ Envelope 2
       Notarised certificate of registration of the partnership
       firm in the Register by the Registrar of firm.
  9.   In case of a registered Company or Corporation the Envelope 2
       MoA, AoA and details of Authorized, subscribed and
       paid-up capital, wherever applicable / In case of
       registered partnership a notarised copy of the
       registered partnership deed.
  10. A document consisting of the name and address of Envelope 2
      all the Directors, Chief Executives, President,
      Secretary or other authorised persons of company or
      corporation/ Name and address of all the partners in
      case of registered partnership firm.
  11. Annexure 3 (Completed format for submission of Envelope 2
      technical criteria as per RFQ)
  12. Details of methodology of computation of tonnage of Envelope 2
      ore mined and processed with reference to the
      submitted supporting documents.
  13. Supporting Work Execution/Completion Certificates Envelope 2
      for 9.5.1.1and 9.5.1.2 as stated in 9.6(vi)



                                                                           38
Sl.     Documents to be submitted                             Envelope     Write
No.                                                           Number       *Y/N
   14. Certificate from owner/client for clause 9.5.1.3 as Envelope 2
       stated in 9.6(vi)
   15. Certificate from owner/client for clause 9.5.1.4 as Envelope 2
       stated in 9.6(vii) and (viii)
   16. Annexure 4 (Completed format for submission of Envelope 2
       financial criteria as per RFQ)
   17. Details of methodology of computation of Networth, Envelope 2
       Turnover and Cash Accrual with reference to the
       submitted supporting documents
   18. Audited Financial Statements for last 4( four) years   Envelope 2
   19. Annexure 5 (Letter of submission of of documents as Envelope 2
       per 11.13 and A !2 )
   20. Annexure 6 (MoU)                                       Envelope 2
   21. Power of Attorney for Lead Member of Consortium Envelope 2
       (As per Annexure 7)
   22. 3 Copies of all the documents placed in Envelope 2     Envelope 3
   23. 2 Compact Discs                                        Envelope 4


*Note:-If the concerned document is enclosed Pl write “Y”

          If the concerned document is not enclosed Pl write “N”

Thanking You,
Yours faithfully,
Authorized Signature
Name and Title of Signatory
Seal
Designation
Name of Firm
Address
Date
Place


                                                                               39
A13. ANNEXURE 1- FORMAT FOR COVERING LETTER FOR
     QUALIFICATION PROPOSAL
Bidder’s Name:
Full Address:
Telephone No:
Email Address:
Fax No.


To,
Additional General Manager (Projects)
Orissa Mining Corporation Limited (OMC),
OMC HOUSE
Bhubaneshwar 751001, INDIA.


Sub:- Hiring of HEMM for Iron Ore Mining, Design, engineering and installation
of stand-alone ore handling plant (OHP), operation & maintenance of OHP &
mechanized wagon loading for 2.5 Million Tonnes per annum at Daitari


Dear Sir,
We, the undersigned Bidder having read and examined in detail the RFQ bid
document requirements for Hiring of HEMM for Iron Ore mining, installation of
mechanized facilities and OHP operation services including wagon loading, hereby
submit our response
Contact Person
Details of the contact person are furnished as under:


Name
Designation
Organisation
Address:
Phone Nos.
Fax Nos.
Email address:
                                                                              40
We are herewith enclosing the information with duly signed formats, in one (1)
original + three (3) copies and two Compact Disc’s (CD’s) containing all the
information submitted, as desired by you, for your consideration.


Dated the --------- day of ------- of 20---


The period of validity of the response to bid document shall not be less than 6
months from the last date of submission.


Thanking You,
Yours faithfully,


Authorized Signature:
Name and Title of Signatory:
Seal:
Designation:
Name of Firm:
Address:
Date:
Place:




                                                                             41
A14. ANNEXURE 2 -BIDDER’S EXECUTIVE SUMMARY
To,
Additional General Manager- Projects
Orissa Mining Corporation Limited (OMC),
OMC HOUSE
Bhubaneshwar 751001, INDIA
Sub:- Hiring of HEMM for Iron Ore Mining, Design, engineering and installation
of stand-alone ore handling plant (OHP), operation & maintenance of OHP &
mechanized wagon loading for 2.5 Million Tonnes per annum at Daitari


Dear Sir,
We ---------------------------- (Name of the Bidder) are furnishing the following
information in response to the Request for Qualification to undertake the work for
Hiring of HEMM for Iron Ore Mining, Design, engineering and installation of stand-
alone ore handling plant (OHP), operation & maintenance of OHP & mechanized
wagon loading for 2.5 Million Tonnes per annum at Daitari.
1.         Name of the Bidder-
2.         Name of the Lead member in the Bidding Consortium-
Sl.No. Description                                   Lead       Non         Lead
                                                     member     Member

      1.    Full name of the organisation

      2.    Role Envisaged

      3.    Address (Registered)

      4.    Address of communication

      5.    Name & Designation of the contact
            person

      6.    Telephone no., Fax no., E-mail ID etc.



                                                                               42
Sl.No. Description                               Lead           Non          Lead
                                                 member         Member

   7.    Field of activity

   8.    Details of experience

   9.    Product range

   10. Any other information



Thanking you, we remain,
Yours faithfully,




Authorized Signature:
Name and Title of Signatory:
Seal:
Designation:
Name of Firm:
Address:
Date:
Place:


NOTE:
(A) The executive summary should also contain a one page write up, apart from the
    above format, about the Bidder/ Consortium and consortium member, providing
    the Business Profile and key achievements in the mining, mineral processing and
    OHP erection sectors.




                                                                                43
A15. ANNEXURE 3- FORMAT FOR SUBMISSION                                               OF
     TECHNICAL CRITERIA AS PER RFQ

To,
Additional General Manager - Projects
Orissa Mining Corporation Limited (OMC Ltd),
OMC HOUSE
Bhubaneshwar 751001, INDIA
Sub:- Hiring of HEMM for Iron Ore Mining, Design, engineering and installation
of stand-alone ore handling plant (OHP), operation & maintenance of OHP &
mechanized wagon loading for 2.5 Million Tonnes per annum at Daitari
Dear Sir,
(Please strike out whichever is not applicable)
We ------------------------ (The legal name of the Bidder) confirm that we have
      OR
We, the Lead member of the Bidding Consortium, consisting of the following
members ----------------- and --------------------- confirm that we have


1.     At least 3 years experience in mechanised opencast iron ore mining or any
       minerals other than minor minerals as specified in MMDR Act 1957 of India in
       the immediately preceding 10 years from 31.03.2010 (as per clause 9.5.1.1).
The table No-1 is filled up with regard to the experience of the clause No-9.5.1.1




                                                                                      44
      Table No-1


SNo   YEAR                          Production and Technology used in different mines
.
                       Work 1                                   Work 2 and so on till work n (please
                                                                add extra column if required)
                                                                (please name the mine also)
                       (please name the mine also)
                       Pl specify     Shovel       Production   Pl specify   Shovel       Production
                       mechanised     Dumper or    in million   mechanised   Dumper or    in million
                       or not         other        tonnes per   or not       other        tonnes per
                                      technology   annum                     technology   annum
                                      (please                                (please
                                      specify)                               specify)

  1. YEAR 2009-10
  2. YEAR 2008-09

  3. YEAR 2007-08

  4. YEAR 2006-07

  5. YEAR 2005-06

  6. YEAR 2005-05

  7. YEAR 2004-05

  8. YEAR 2003-04

  9. YEAR 2002-03

  10. YEAR 2001-02



      AND


      2.     Handled a minimum tonnage of 0.75 million per annum in case of a single
             work or 1.25 millions per annum in case of two works, in any one of the
             preceding five financial years from 31.03.2010 in Iron Ore or any minerals
                                                                                           45
          other than minor minerals as specified in MMDR Act 1957 of India (as per
          clause 9.1.5.2)
The table No-2 is filled up with regard to of the experience of the clause No-9.5.1.2
Table No-2
S.No.         YEAR                  Production of iron Ore or any minerals other than
                                    minor minerals as specified in MMDR Act 1957 of
                                    India in Million Tonnes per Annum.
                                    Work-1            Work-2            Total
                                    Name of the Name of the
                                    work /Mines work /Mines


     1.       YEAR 2009-10
     2.       YEAR 2008-09

     3.       YEAR 2007-08

     4.       YEAR 2006-07

     5.       YEAR 2005-06



AND
3.        At least 3 years experience of continuous operation and maintenance of 1.5
          MTPA iron ore handling plant or plant of handling any minerals other than
          minor minerals as specified in MMDR Act 1957 of India, with crushing,
          screening and conveying facilities in the immediately preceding 10 years from
          31.03.2010 (as per clause 9.1.5.3)
The table No-3 is filled with regard to the experience of the clause No-9.5.1.3




                                                                                        46
Table-3
 SNo.          Year                              Plant 1                 Plant 2..so on to
                                                                       Plant n (Name of the
                                           Name of the plant
                                                                           plant /Mines)
                                               /Mines
                                         Capacity      Production      Capacity      Production
                                         (in million   (in   million   (in million   (in million
                                         tonnes per    tonnes per      tonnes per    tonnes per
                                         annum)        annum)          annum))       annum))

     1.        YEAR 2009-10
     2.        YEAR 2008-09

     3.        YEAR 2007-08

     4.        YEAR 2006-07

     5.        YEAR 2005-06

     6.        YEAR 2005-05

     7.        YEAR 2004-05

     8.        YEAR 2003-04

     9.        YEAR 2002-03

     10.       YEAR 2001-02



AND
4.        The bidder shall have proven technology, know-how of Design and
          engineering, experience in supply, erection or supervision of erection, testing
          and commissioning of 1.5 MTPA iron ore handling plant or plant of handling
          any minerals other than minor minerals as specified in MMDR Act 1957 of
          India, with crushing, screening and conveying system having a single flight of
          minimum 2KM length. One such plant shall have been in continuous
          operation for at least 3 years in the immediately preceding 10 years from
          31.03.2010. (As per clause 9.1.5.4)


                                                                                               47
The table No-4 is filled with regard to the experience of the clause No-9.5.1.4
Table No-4
                                                                   Customer 3..and
Sl.                                        Customer   Customer
        Description                                                so on to Customer
No                                         1          2
                                                                   n

1.      Name of the Customer

        Year of start and completion of
2.
        work (XXXX to XXXX)

3.      Address of the customer

        Contact person with telephone
4.      no., Fax no., E-mail ID etc. of
        the customers

5.      Value of the order

        The details of the jobs done are
6.      to be indicated for each
        customer.

Thanking you, we remain,
Yours faithfully,
Authorized Signature:
Name and Title of Signatory:
Seal:
Designation:
Name of Firm:
Address:
Date:
Place:
NOTE:
(A) Along with the above format, in a separate sheet, please provide details of
    computation of tonnage of ore mined and processed in Ore Handling Plant
    referring to the attached work completion certificate or returns filed with
    government agencies and other certificates submitted along with the RFQ
    proposals as specified in checklist A12.
                                                                                  48
A16. ANNEXURE 4- FORMAT FOR SUBMISSION                                              OF
     FINANCIAL CRITERIA AS PER RFQ
To,
Additional General Manager - Projects
Orissa Mining Corporation Limited (OMC),
OMC HOUSE
Bhubaneshwar 751001, INDIA


Sub:- Hiring of HEMM for Iron Ore Mining, Design, engineering and installation
of stand-alone ore handling plant (OHP), operation & maintenance of OHP &
mechanized wagon loading for 2.5 Million Tonnes per annum at Daitari
Dear Sir,
. We ------------------------ (The legal name of the Bidder) confirm that we have
      OR
We, the Bidding Consortium, consisting of the [Name of the lead member] as lead
member and [Name of the other member of consortium] as non lead member of
consortium confirm that [Name of the lead member] and [Name of the other
member] have
As on the last date of the immediately preceding financial year i.e. ________, the
turn over, net worth and cash accrual as mentioned in the following tables.


INR = Indian Rupee
Where the financial parameters are expressed in currencies other than INR, the
exchange rate shall be that of the bid submission date as published by FEDAI.



Table for Bidding Company
OR
Lead Member of the Bidding Consortium




                                                                                     49
SNo.     Year              Turnover       Cash   Accrual Networth
                                          INR Crore
                           in INR Crore                  in INR Crore as
                                                         on 31.03.2009
1        2009-10
2        2008-09
3        2007-08
4        2006-07


And Table for


Non Lead Member of the Bidding Consortium
SNo.     Year              Turnover       Cash   Accrual Networth
                                          INR Crore
                           in INR Crore                  in INR Crore as
                                                         on 31.03.2009
1        2009-10
2        2008-09
3        2007-08
4        2006-07


Thanking you, we remain,
Yours faithfully,
Authorized Signature:
Name and Title of Signatory:
Seal:
Designation:
Name of Firm:
Address:
Date:
Place:
NOTE:
(A) Along with the above format, in a separate sheet, please provide details of
    computation of Net worth, Turnover and Cash Accrual referring to relevant
    schedules in the submitted financial statements.
                                                                             50
(B) Financial requirements shall be defined and computed in following manner by
    the Bidder:

   Cash Accrual
                 =Profit After Tax (PAT)
                 Add: Depreciation and Amortization
                 Add: Decrease in Net Current Assets (excluding cash)
                 Add: any other non cash expenditure (including deferred tax)
                 Subtract: Scheduled Loan repayments, and increase in net current
                 assets (excluding cash)


   Provided when an existing loan has been repaid through the proceeds of the new
   loan, then to the extent the proceeds of the new loan have been used to repay
   the existing loan, such repayment of existing loan shall not be considered for the
   purposes of computation of Internal Resource Generation.


   Networth
                 =Equity share capital
                 Add: Reserves
                 Subtract: Revaluation Reserves
                 Subtract: Intangible Assets
                 Subtract: Miscellaneous Expenditures to the extent not written off
                 and carry forward losses


   Annual Turnover: Annual Gross Revenue Earned by the Bidder




                                                                                  51
A17. ANNEXURE 5 – LETTER                                         OF   SUBMISSION   OF
     SUPPORTING DOCUMENTS.


To,
Additional General Manager Projects
Orissa Mining Corporation Limited (OMC),
OMC HOUSE
Bhubaneshwar 751001, INDIA


Sub:- Hiring of HEMM for Iron Ore Mining, Design, engineering and installation
of stand-alone ore handling plant (OHP), operation & maintenance of OHP &
mechanized wagon loading for 2.5 Million Tonnes per annum at Daitari
Dear Sir,
We ---------------------------- (Name of the Bidder) are furnishing the following
documents as per the requirement of the RFQ bid document.


1.       -----------------------------------------------------
2.       -----------------------------------------------------
3.       -----------------------------------------------------
Thanking you, we remain,
Yours faithfully,
Authorized Signature:
Name and Title of Signatory:
Seal:
Designation:
Name of Firm:
Address:
Date:
Place:




                                                                                    52
A18. ANNEXURE 6 - FORMAT OF MEMORANDUM OF
     UNDERSTANDING
 (To be executed by all members of the Bidding Consortium on the stamp paper of
appropriate value. To be notarised)

RFQ Bid Specification No. 1/OMC/PROJECT/10


This Memorandum of Understanding (MoU) agreed and signed this …….. day of
……….. between ……………………………… having it’s registered office at
“……………………………………………………………………..                                  (hereinafter   called
Lead Member) and ………………………………………. (hereinafter called Associate
Member) to form a consortium to participate in the RFQ bid document floated by
OMC for Hiring of HEMM for Iron Ore Mining, Design, engineering and installation of
stand-alone ore handling plant (OHP), operation & maintenance of OHP &
mechanized wagon loading for 2.5 Million Tonnes per annum at Daitari.

It is further agreed by & between the consortium members that the responsibilities
and roles of each member shall be as under:

Responsibilities and Role of Lead Member is as under

1.    The Lead Member shall act as Bidder under this Invitation of Bid.

2.    The Lead Member shall be fully competent and authorized on behalf of the
      consortium to sign and submit the bid, offer any clarification to the bid as &
      when required by OMC, discuss and negotiate any aspect of the bid including
      the price, financials and structure of the proposed Mine Development and
      Operation.

3.    Lead Member of the consortium shall be fully competent and authorized to
      enter into and sign any agreement with OMC for any aspect under this RFQ
      and further bidding process. The Lead Member shall also be fully authorized
      to nominate a person to sign the bid and all related documents.


                                                                                 53
4.   The Lead Member shall be responsible at all time for all financial and
     technical aspects of the bids and eventual Mine Development and Operation
     Agreement including furnishing securities, bringing the necessary financial
     capital for execution, etc under above mentioned tender.

5.   The Lead Member shall also be responsible for all liaison activities with all
     agencies including Government of India, OMC, etc.

6.   The Lead Member shall be fully competent and authorized to incur liabilities
     and receive instructions on behalf of the consortium and its members. The
     Lead Member shall also be fully authorized and competent for entire
     execution of the agreement including to receive payments there under. All
     such actions of the Lead Member shall be deemed to be on behalf of the
     consortium.

7.   Lead member shall be solely liable to the extent of 100% for both its own
     liability as well as the liability of non lead member.

8.   The Lead Member shall also be liable and be responsible for all financial,
     legal, environmental, technical, etc aspects, liabilities and consequences of
     the project on behalf of the consortium in their capacity as Lead Member and
     Bidder.

     Responsibilities and Role of …………………….. As non-lead Member.

1.   The non lead member shall provide all technical and financial input in respect
     of this tender. The non lead member shall assist to ensure the satisfactory
     erection and commissioning of the OHP and performance of the mining and
     OHP operation activities for OMC subject to the terms and conditions of the
     RFQ , RFP and agreement in respect of this tender.

2.   The non lead member shall lend and allow its experience and support in
     development of mines, operation of mines, production of iron ore, operation of
     OHP, processing of iron ore etc. for OMC to meet its desired requirement.



                                                                                 54
3.     The Non-Lead member of the bidding consortium shall remain part of the
       consortium for at least three years from the date of successful commissioning
       of the OHP.

     Signed on behalf of Lead Member of Signed on behalf of              non lead
     consortium.………………………………..                 member of consortium ………….

     ……………………………….




     (Signature with Name and seal)            (Signature with Name and seal)




                                                                                 55
A19. ANNEXURE 7 - POWER OF ATTORNEY FOR LEAD
     MEMBER OF CONSORTIUM
(For Signing the Proposal and all related documents)

(To be executed by all members of the bidding Consortium on the stamp paper of
appropriate value. To be notarised)


Whereas the Orissa Mining Corporation Ltd. (the “Authority”) has requested bids
form interested parties for the Daitari Iron Ore Project (the “Project”).


Whereas,         …………………..……and…………..…………..(collectively                        the
“Consortium”) being Members of the Consortium are interested in bidding for the
Project in accordance with the terms and conditions of the Request for Qualification
and other connected documents in respect of the Project, and


Whereas, it is necessary for the Members of the Consortium to Designate one of
them as the Lead Member with all necessary power and authority to do for and on
behalf of the Consortium, all acts, deeds and things as may be necessary in
connection with the Consortium’s bid for the Project and its execution.


NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS


We, ……………… having our registered office at …………………, and                        M/s.
……………………, having our registered office at …………………, (hereinafter
collectively referred to as the “Principals”) do hereby irrevocably Designate,
nominate, constitute, appoint and authorise M/s …………………, having its
registered office at ………………………, being one of the Members of the
Consortium, as the Lead Member and true and lawful attorney of the Consortium
(hereinafter referred to as the “Attorney”) and hereby irrevocably authorize the
Attorney (with power to sub delegate) to conduct all business for and on behalf of

                                                                                 56
the Consortium and any one of us during the bidding process and, in the event the
Consortium is awarded the Concession/ Contract, during the execution of the
Project, and in this regard, to do on our behalf and on behalf of the Consortium, all
or any of such acts, deeds or things as are necessary or required or incidental to the
submission of its bid for the Project, including but not limited to signing and
submission of all applications, bids and other documents and writings, accept the
Letter of Intent/Award, participate in bidders’ and other conferences, respond to
queries, submit information/ documents, sign and execute contracts and
undertakings consequent to acceptance of the bid of the Consortium and generally
to represent the Consortium in all its dealings with the Authority, and/ or any other
Government Agency or any person, in all matters in connection with or relating to or
arising out of the Consortium’s bid for the Project and/ or upon award thereof till the
Concession Agreement is entered into with the Authority.


AND 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 said 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/ Consortium.


IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE
EXECUTED
THIS POWER OF ATTORNEY ON THIS ………DAY OF ………….., 20.…


For ……………………...
(Signature, Name & Title)


For …………...................
(Signature, Name & Title)
(Executants)


                                                                                    57
(To be executed by all the Members of the Consortium)
Witnesses:
1.
2.
Notes:
     1. The mode of execution of the Power of Attorney should be in accordance with
         the procedure, if any, laid down by the applicable law and the charter
         documents of the executant(s) and when it is so required, the same should be
         under common seal affixed in accordance with the required procedure.
     2. Wherever required, the Bidder should submit for verification the extract of the
         charter documents and documents such as a Board or shareholders
         resolution/ power of attorney in favour of the person executing this Power of
         Attorney for the delegation of power hereunder on behalf of the Bidder.
     3. For a Power of Attorney executed and issued overseas, the document will
         also have to be legalized by the Indian Embassy and notarized in the
         jurisdiction where the Power of Attorney is being issued. However, the Power
         of Attorney provided by Bidders from countries that have signed The Hague
         Legislation Convention, 1961 are not required to be legalized by the Indian
         Embassy if it carries a conforming Appostille certificate.




                                                                                    58
A20. ANNEXURE 8 –POWER OF ATTORNEY FOR SIGNING
     OF BID
(For Signing the Proposal and related documents and Agreement)

(In case of a Bidding Consortium, to be given by Lead Member of the Bidding
Consortium)

(On the stamp paper of appropriate value. To be notarised)

Know all men by these presents, We, …………………………… (name of the firm
and address of the registered office) do hereby irrevocably constitute, nominate,
appoint     and     authorise     Mr./     Ms     (Name),      son/daughter/wife       of
……………………………… and presently residing at …………………………………..,
who is presently employed with us/ the Lead Member of our Consortium and holding
the position of ………………………….., as our true and lawful attorney (hereinafter
referred to as the “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 …………………… Project proposed or being developed
by the ………………….(the “Authority”) including but not limited to signing and
submission of all applications, bids and other documents and writings, participate in
bidders’ and other conferences and providing information / responses to the
Authority, representing us in all matters before the Authority, signing and execution
of all contracts including the Concession Agreement and undertakings consequent
to acceptance of our bid, and generally dealing with the Authority in all matters in
connection with or relating to or arising out of our bid for the said Project and/or upon
award thereof to us and/or till the entering into of the Concession Agreement with
the Authority.


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 said Attorney pursuant to and in


                                                                                      59
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, ………………………….., THE ABOVE NAMED
PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS
……………………… DAY OF …………………….., 20.…..




For……………………………..


(Signature, name, Designation and address)

Witnesses:
1.
2.
Accepted                                                                  Notarized

(Signature, name, Designation and address of the Attorney)

Notes:

   1. The mode of execution of the Power of Attorney should be in accordance with
      the procedure, if any, laid down by the applicable law and the charter
      documents of the executant(s) and when it is so required, the same should be
      under common seal affixed in accordance with the required procedure.

   2. Wherever required, the Bidder should submit for verification the extract of the
      charter documents and documents such as a Board or shareholders
      resolution/ power of attorney in favor of the person executing this Power of
      Attorney for the delegation of power hereunder on behalf of the Bidder.

   3. For a Power of Attorney executed and issued overseas, the document will
      also have to be legalized by the Indian Embassy and notarized in the
      jurisdiction where the Power of Attorney is being issued. However, the Power
      of Attorney provided by Bidders from countries that have signed The Hague
      Legislation Convention, 1961 are not required to be legalized by the Indian
      Embassy if it carries a conforming Appostille certificate.



                                                                                  60
A21. ANNEXURE 9 – DEFINITION OF CASH ACCRUAL, NET
     WORTH AND ANNUAL TURNOVER
Financial requirements shall be defined and computed in following manner by the
Bidder:

Cash Accrual
                   =Profit After Tax (PAT)
                   Add: Depreciation and Amortization
                   Add: Decrease in Net Current Assets (excluding cash)
                   Add: any other non cash expenditure (including deferred tax)
                   Subtract: Scheduled Loan repayments, and increase in net
                   current assets (excluding cash)

Provided when an existing loan has been repaid through the proceeds of the new
loan, then to the extent the proceeds of the new loan have been used to repay the
existing loan, such repayment of existing loan shall not be considered for the
purposes of computation of Internal Resource Generation.

Net worth
                   =Equity share capital
                   Add: Reserves
                   Subtract: Revaluation Reserves
                   Subtract: Intangible Assets
                   Subtract: Miscellaneous Expenditures to the extent not written
                   off and carry forward losses


Annual Turnover: Annual Gross Revenue Earned by the Bidder




                                                                               61

								
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