GUJARAT MINERAL DEVELOPMENT CORPORATION LIMITED KHANIJ BHAVAN 132 FT. RING ROAD, UNIVERSITY GROUND VASTRAPUR AHMEDABAD

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1 GUJARAT MINERAL DEVELOPMENT CORPORATION LIMITED KHANIJ BHAVAN 132 FT. RING ROAD, UNIVERSITY GROUND VASTRAPUR AHMEDABAD TENDER NO. GMDC/FL/O&M/2010 OPERATION AND MAINTENANCE OF BRIQUETTING PLANT FOR PRODUCTION OF BRIQUETTES AT FLUORSPAR BENEFICIATION PLANT, KADIPANI DISTRICT: VADODARA PHONE: / / TELEFAX: GUJARAT MINERAL DEVELOPMENT CORPORATION LIMITED AHMEDABAD

2 FLUORSPAR BRIQUETTING CONTRACT 1. Scope of Work To produce various types of briquettes from fluorspar concentrate produced by beneficiation of fluorspar ore. Operation and Maintenance of Briquetting Plant, and production, drying, sorting, packing and weighing of briquettes. The details of work include: - Production of briquettes. - Transportation of briquettes from section to different yards by rail trolleys. - Unloading of trolleys and spreading of briquettes on different platforms in briquette yard for sun drying. - After sun drying, briquettes should be screen (1inch size).oversize of screen briquettes to be packed in HDPE bags each weighing 50 Kgs average. - Sample collection from each bags. - Stiching of filled bags. - Stacking of stiched bags. - Recyling of screen undersize to briquette section. 2. Responsibility of GMDC a. GMDC will provide Fluorspar concentrate powder and required binder to produce briquettes. b. The tub & rail system or dumper/trucks shall be made available to the contractor for transportation of material. c. GMDC will provide electricity to operate the briquetting plant. d. GMDC will provide sufficient bags for packing of dried briquettes to sell. e. GMDC will provide weighing facility to know the actual qty. produced by the contractor. f. Six days working in to two shifts will be allowed per week by GMDC. g. On paid holiday no working will be allowed. 3. Responsibility of the Contractor a. Contractor will provide laborers to carry out the work in two shifts ; 1 st and 2 nd shift. b. Contractor has to produce labour license and follow all rules and regulations enforced by various Govt. authorities. c. Contractor has to repair and maintain the briquetting plant however GDMC will provide all necessary spares and consumables free of cost.

3 TENDER NO. GMDC/FL/O&M/2010 OPERATION AND MAINTENANCE OF BRIQUETTING PLANT FOR PRODUCTION OF SILICATE / STARCH BRIQUETTES FLUORSPAR BENEFICIATION PLANT, KADIPANI DISTRICT: VADODARA Sealed tenders are invited from experienced parties for operation and Maintenance of Briquetting Plant for production of briquettes at Fluorspar Beneficiation Plant, Kadipani, and District: Vadodara. Location : Fluorspar Beneficiation Plant, Kadipani, District: Vadodara Period of contract: Earnest Money Deposit: Tender Document : Cost of tender document : 03 Months Rs /- payable by Demand Draft in favour of GMDC Ltd, on any Nationalized Bank, payable at Ahmedabad. Tender document can be downloaded from the websites and only Rs. 300 in the form of DD to be submitted along with the technical bid. Date and time of receipt: of Tender Date and time of opening: of Tender Up to 30 th August, 2010 upto 3.00 PM On 30th August, 2010 at 4.00 PM GMDC reserves the right to reject / cancel any or all tenders without assigning any reason or split the quantity proposed to be mined and or transported to two or more Bidders as it may deem fit. Offers may be sent to: The General Manager (Tech.) Gujarat Mineral Development Corporation Limited Khanij Bhavan 132 Ft. Ring Road, University Ground, Vastrapur, AHMEDABAD Phone: / / , TELEFAX:

4 INSTRUCTIONS TO BIDDERS 1. Preamble This tender document is intended to give a general description of nature of the work and the quality envisaged for the material, workmanship and the finished product. It is not intended to cover all minute details. The work shall be executed in accordance with best mining practices and to the complete satisfaction of the Corporation. The information given in this tender document is given in good faith and meant to serve as a guide to enable the prospective bidders to submit their offer. It is, imperative that the Bidder shall obtain and examine, for himself, all the data, information and particulars required for the satisfactory execution of the work covered under the scope of tender inquiry. In the event the space provided in the tender forms is insufficient for the required purpose, additional sheets may be added. Each such additional sheet must be numbered consecutively showing the tender number and duly signed. In such cases, reference to the additional sheets must be made in the Tender proposal form. 2 THE TENDER & THE OFFER: It is a two-bid system tender. The bid is required to be made in two parts: Part - I Techno commercial bid - to be submitted in a duly sealed cover super-scribed TECHNICAL BID, Tender No. and Name of work, containing details of the experience, financial position, status of the bidder and other information asked for along with copies of documentary evidences and the amount of EMD as well as cost of tender in the form of a DD. Part II Price-bid - To be submitted in a duly sealed cover super-scribed PRICE BID, Tender No. and Name of work, containing price bid sheet provided by GMDC. This cover should NOT have any other enclosure. The conditional price bid shall be liable for outright rejection. Both these covers should then be placed in another cover, super-scribed Tender No. and Name of work, which should be duly sealed and submitted to GMDC within the prescribed time limits. The bidders are required to enclose the DD for EMD and cost of tender in the sealed Technical Bid cover only and not in Price Bid cover. If the demand draft for the EMD and cost of tender document is not found in the sealed technical bid cover or if the amount mentioned in the DD is found short, the tender will not be considered for scrutiny and will be outrightly rejected. The Corporation reserves the right to reject any or all the tenders or split the work between more than one bidder without assigning any reason thereof.

5 3. OPENING OF BIDS a) The Techno commercial bid cover shall be opened on the schedule date of opening. b) Offer of those firms who have submitted documents towards EMD and cost of tender document in techno commercial bid shall qualify for further scrutiny of their offer. c) However, Price bid Cover will be opened on a different date. The price bid cover of only those tenderers shall be opened whose techno commercial bid have been found acceptable after the scrutiny of the Techno Commercial bid (s) submitted by them for which a separate intimation will be sent indicating the date for the price bid opening. d) Only representative authorized in writing by the respective tenderers shall be permitted to be present during the Tender Opening, along with the condition of only one person per participating/attending tenderers. e) Representative of firm who has not participated in the Tender shall not be permitted to be present at the time of opening of Tender. 4. ACCEPTANCE OF LOI AND PAYMENT OF SECURITY DEPOSIT: The management, on acceptance of the offer, will issue Letter of Intent to the successful bidder; who will be required to confirm its acceptance of the LOI within one week of its receipt. If it does not accept the LOI within stipulated time period, the amount of the EMD paid will be forfeited and necessary further actions may be initiated as may be deemed fit by the management. Within 15 days of submission of its acceptance of LOI, the successful bidder will make payment of Security deposit in the manner prescribed in clause no. 2 of chapter No. VI. The failure shall be deemed to be refusal by the bidder to accept the LOI and the amount of EMD will be forfeited and necessary further actions may be initiated as may be deemed fit by the management. 5. CONTRACT AGREEMENT AND COMMENCEMENT OF WORK: a) The successful bidder, along with the payment of Security Deposit, will also enter into agreement with the Corporation on appropriate Stamp Paper (to be provided by the Bidder) in token of acceptance of the terms and conditions of the contract, with in 15 days of submission of its acceptance of LOI. A letter authorizing successful bidder to commence the work will then be issued by GMDC. The successful bidder will have to start the actual work within 30 days from the date of issue of this authorization letter. In case of failure to commence the work within the above-mentioned period the contract may be terminated, at the discretion of GMDC.

6 b) The agreement should be signed by the below mentioned signatories: Proprietary firm - Proprietor Partnership firm - Senior managing partner Limited Company - Managing Director duly authorized Joint Venture/Consortium - Authorised signatories of legal entities constituted the Joint Venture. 6. GENERAL: a. If the tender documents and forms referred to in the tender are not submitted or are submitted but not found duly filled in and unsigned, will result in rejection of the tender. b. In the event of space being insufficient for furnishing required information, additional sheets may be used and signed. c. Canvassing in any form may lead to rejection of the offer. d. Bids once submitted shall not be returned and shall remain the property of the Principal employer. e. The Tenderer who have earlier been awarded contract by the company for any job which they either did not accept or have abandoned if or contract has been terminated by the company for breach of conditions, shall not be eligible to participate in this tender. f. To assist in the scrutiny, evaluation and comparison of bids, the Corporation may, at its discretion, seek from any or all bidders, clarification(s) on his/their Bids, including technical information, documents and materials after the Technical Bid Opening but before opening of the Price Bid (part-ii). The request for clarification and response shall be in writing or by fax, but no change in the final price or substance of the bid shall be permissible. 7. CORRIGENDUM: Please note that there is no provision to take out the list of parties downloading the tender document from the above referred the websites. As such tenderers are requested to see the website once again before due date of tender opening to ensure that they have not missed any corrigendum uploaded against the said tender after downloading the tender document. The responsibility of downloading the related corrigendum, if any, will be that of the downloading parties.

7 No separate intimation in respect of corrigendum will be sent to tenders who down loaded the tender document from the website as information in this respect will not be available to website i.e. only. 8. Examination a. The Bidder shall carefully examine the tender document including all amendments/addendum and corrigendum, if issued, and other details relating to the work and acquaint himself fully with all the conditions and matters therein, which may, in any manner, affect the work and the cost thereof. b. The Bidder shall be deemed to have obtained all information as to risks, contingencies, responsibilities and other circumstances which might influence or affect his tender, the progress and performance of the contract and to have taken into account all conditions and matters that may affect his works under this tender and cost thereof. c. The Bidder shall be deemed to have visited the plant site and its surroundings, carefully examined and satisfied himself about the existing site conditions, availability of local facilities, means of transport etc. and to have quoted rates, taking into consideration all such conditions and matters, which may, in any manner, affect the work and the cost thereof. d. The Bidder shall be deemed to have acquainted himself with all Government, factory and Labour laws, statutes, regulations, rules or notifications relating to taxes, levies and other charges relating to the work at the site or otherwise as applicable from time to time. f. Any neglect or omission or failure on the part of the Bidder in obtaining necessary and reliable information upon the foregoing or any other matter affecting the tender, shall not absolve him of any risk or liabilities or responsibilities for completion of the entire work in accordance with the terms and conditions of the tender document. g. Any conditional tender will be rejected out right and no claim whatsoever in respect thereof shall be entertained. The Management of GMDC reserves the right to reject / cancel any or all tenders without assigning reasons and to negotiate with any Bidder for more favorable rates. 9. COST OF TENDER DOCUMENT The tender documents can be downloaded from our web site The cost of tender documents is to be submitted at the time of submission of supporting document of technical bid in form of the demand draft of Rs. 300/- as mentioned in tender notice, in the sealed technical bid cover. If the amount mentioned in the DD is found short, the tender will not be considered for scrutiny and will be out rightly rejected.

8 BACK-GROUND : 1. PROJECT: Gujarat Mineral Development Corporation Ltd. (GMDC) is a Govt. of Gujarat Enterprise, registered under the Companies Act, 1965, having its Registered Office at Khanij Bhavan, 132 Ft. Ring Road, University Ground, Vastrapur, Ahmedabad GMDC is holding Mining Lease at AMBADUNGER Village, TALUKA: KAWANT Dist. VADODARA. 2. LOCATION: GMDC has a FLUORSPAR BENEFICATION PLANT located at KADIPANI, Taluka KAWANT, Dist. VADODARA and FLUORSPAR MINE AT VILLAGE AMBADUNGAR 6 KM FROM KADIPANI KADIPANI is approachable by all-weather road from VADODARA. VADODARA is the nearest Airport and Railway Station and is about 145 Km.Nearest Taluka village Kawant is 12 Km from Kadipani. Kawant is a fairly large village having Telephone Exchange, Electricity Supply, Transportation services etc. 3 ESTIMATED QUANTITY OF BRIQUETTE PRODUCTION The estimated quantity of briquettes production during the contract period of 06 months: NAME OF PLANT BRIQUETTING PLANT BRIQUETTE PRODUCTION 450 TONNES PER MONTH Monthly target shall be provided to successful bidders with work order. 4. Splitting of contract GMDC reserves the right to award contract to one or more bidders as it deems fit. 5. SCOPE OF WORK The successful bidder shall be required to produce difference type of briquettes as per specification, by using fluorspar concentrate as a major raw material.

9 6. OWNERSHIP OF ALL BRIQUETTES Ownership of all briquettes whether segregated / graded or otherwise shall always be with GMDC. The involvement of the bidder in production of briquettes shall not confer any rights, title or interest to the bidder. 7. WORKING METHOD: GMDC will provide sufficient qty. of Fluorspar concentrate powder along with other raw material to produce the required variety of briquettes. The successful Bidder shall have to follow Factory Act, Rules, Environment Protection Act, Minimum Wages Act, P.F. Act and related Labour laws applicable and maintain registers, records etc. in prescribed format, under the aforesaid laws. The successful Bidder will have to follow the rules & regulations in respect of Air, Water and Hazardous waste as specified by Gujarat Pollution Control Board and will also have to maintain environmental standards as specified by Gujarat Pollution Control Board as per the directives of GMDC officials. 8. PACKING OF BRIQUETTES I. After sun drying and screening selected briquettes will be packed by sorting the regular shaped briquettes in HDPE bags with Net (50Kgs ) Fifty Kgs. weight. The bidder will be responsible for safety of men and machinery used in the plant. Bidder has to work as per directions of the Factory Manager or any authorized person for above operation. Bidder has to maintain and operate the plant through out the contract period and at the end of the contract bidder will hand over the plant in running / working condition, similar to at the time of beginning of the contract and stitching material. II. HDPE bags will be supplied by GMDC Net weight of each bag must be 50Kg min. III. After packing in HDPE bags and its weighment and shifting to godown, the vehicle required for the purpose will be provided by GMDC. 9. GUARANTEED BRIQUETTE PRODUCTION Successful Bidder shall have to manufacture briquettes of total quantity 1350 tonnes during the contract period. If the successful Bidder fails to produce the targeted quantity, penalty shall be imposed as detailed in clause No (20) in the tender document.

10 10. PLACE OF WORK Fluorspar Beneficiation Plant located at Kadipani, Tal. Kawant, Dist. Vadodara. 11. WEIGHMENT Weighment of Plant, Kadipani. briquettes shall be carried out by Weigh Bridge located at Beneficiation An authorised representative of the bidder shall remain present at the time of weighment and will also certify the same. The weighment by the Management shall be final and binding to the bidder. 12. RATES a. The bidder has to quote single firm rate in metric tonne of briquettes produced. b. In every monthly invoice, the quantity of briquettes produced will be there on the basis of jointly certified weighment record. c. Successful Bidder will be given the payment at agreed rates of producing briquettes as per quantity weighed under point 10. The monthly running account bill towards production of briquettes will have to be submitted by Bidder every month at the project and the bill would be forwarded by the Project to HO for audit purpose. 70 % payment will be released after deduction/recoveries as applicable from time to time within 15 days by the Project and the balance 30% payment would be made to Bidder by the project after auditing and approval by H.O. d. The agreed rate shall be valid for the entire currency of the contract and no change in rate shall be allowed in case of any escalation on account of labour, material, fuel and energy costs etc. e. GMDC will provide all raw materials. f. Service Tax, if applicable and payable by the bidder, shall be reimbursed by the GMDC at actual subject to submission of documentary proof of having remitted the Service Tax and to the extent directly related to the services rendered by the bidder under this contract. g. Rate quoted shall remain valid for 180 days from the date of opening of the technical bid, which shall have to be extended unconditionally for further maximum of period 60 days, as deem fit by Corporation.

11 13. MONTHLY RUNNING ACCOUNT BILLS: The Bidder shall submit monthly Running account bills for the work executed during the period (a calendar month or a period not less than 30 days) within 7 days of the completion of the period. Monthly Running Account Bill shall be submitted to the office of the Factory manager with following documents: I. Jointly certified weighment record. II. Copies of Muster Roll and Payment Sheets showing amount of PF deducted from salaries of the labour and employees, amount of contribution of the Contractor. III. Copy of the challans for the amount deposited in RPFC for the previous month. 14. MODE OF PAYMENT: The Running Account bills, submitted at the office of Factory Manager will be processed there considering following deductions. 1. Income tax as per provision of Income Tax Act, and other Taxes (and surcharges) applicable in force from time to time 2. Security 2.5% of the gross amount of the RA bill. 3. Cost of any other services provided / material supplied ( other than agreed free supply of material by GMDC ) plus 10% Service charge, if any, by the Corporation, 4. Penalty leviable as per clause No.8., 5. Other deductions, if any. An ad-hoc 70% of the net payable amount arrived after considering these deduction, will be paid by office of the G.M. [Project], within 15 days of submission of the bill along with its details. The bill shall then be sent to GMDC s HO at Ahmedabad for verification auditing and approval. Balance 30% payable amount of Running account bills shall become payable by Project only within one week of the receipt of the approved bill from HO. [within one and a half month of the first receipt of the RA bill at the Project.]

12 15. PERIOD OF CONTRACT The period of contract will be 03 (Three) months from the date as mentioned in the commencement letter issued from H.O. which can be extended further based on satisfactory performance by mutual consent and agreement. 16. EARNEST MONEY DEPOSIT A non-interest bearing Earnest money of Rs /- ( Rupees ten thousand only ) shall be paid along with the tender by Demand Draft in favour of GMDC Ltd. on any nationalised bank or IDBI, ICICI, UTI, HDFC bank payable at Ahmedabad only. Any tender submitted without Earnest Money shall be rejected and no claim shall be entertained on such rejected tenders. The unsuccessful tenders will be refunded the EMD amount after finalisation of selection of the Bidder by GMDC. Cheque will not be accepted. Other acceptable documents for the purpose of EMD (and also SD) are: 1. National Savings Certificates duly endorsed in favour of GMDC Ltd. 2. Fixed Deposit Receipts issued by a nationalized bank or IDBI, ICICI, UTI, HDFC duly endorsed in favour of GMDC Ltd. 3. Bank Guarantee, issued by a nationalized or IDBI, ICICI, UTI, HDFC valid for a period not less than three months the proposed validity of the bid. The unsuccessful bidders will be refunded the EMD amount by way of crossed cheque within 15 days of finalization of the bids. The EMD of the successful bidders (the Bidder) shall either be adjusted as a part of security deposit, if desired by the bidder or shall be refunded by way of crossed cheque on receipt of security deposit amount as stipulated in clause No SECURITY DEPOSIT a. Successful bidder shall be required to pay in advance a non-interest bearing Security 5% of the total value of the contract work [ i.e. rate quoted by the Bidder X quantity ] within 15 days from the date of issue of LOI / Work Order whichever is earlier, refundable within six months after satisfactory completion of the work by Bidder. b. In case of failure of the successful bidder to carry out the assigned work to the satisfaction of GMDC or if the work is terminated for any fault of the Bidder, the Security Deposit will be forfeited. c. Any outstanding dues payable by Bidder at the time of expiry of the contract, shall be recovered from Bidder s Security Deposit.

13 d. It shall be refunded to the Contractor, within a period of three months after satisfactory completion of the work and removal of equipment, tools tackles, campsite etc, and the due fulfillment of all the terms and conditions of the contract. The Contractor shall obtain No Dues Certificate and Site Clearance certificate to this effect from the General Manager [Project] / Project-in-Charge and shall submit the same to the General Manager [Tech] at HO, who after verification of the fact will arrange for refund of SD. e. The bidder will also have to submit NO DEMAND CERTIFICATE along with the above mentioned certificate as per the Performa given in the tender document. f. GMDC reserves the right to recover the charges or the penalty from the Security Deposit in the following circumstances- g. If the bidder or its employees causes any damage or destroy any property belonging to GMDC. h. The shortfall amount of all compensations, penalties and other sums of money payable by the bidder or recoveries to be made under the terms of this contract which is due but not paid by the bidder in full, etc. 18. BIDDER CREDENTIALS: Bidders should have similar type of experience in any plant. Have on his rolls adequate experienced and qualified staff. 19. Statutory Obligations: a. The Bidder shall be responsible for arranging requisite manpower, and shall also fulfill the provisions of Factory and Labour laws, PF Act and Rules, Contract Labour Laws etc., pertaining to employment of labour and other statutes in force from time to time. b. The selected Bidder will be required to obtain License from the A.L.C. (State), Vadodara for the required strength of labour, before commencement of work at site and the same shall be maintained updated and valid throughout the currency of the contract. c. If any amount becomes payable by GMDC as a result of any claim or application in terms of the provisions or non compliance of provision of the any Acts and the Rules and Regulations, By-laws or the Orders made there under, applicable from time to time, such amounts shall be recoverable from the bidder for which GMDC will not be responsible for any compensation.

14 d. The selected Bidder shall also indemnify the GMDC against any claims, compensations, damages, loss, penalty etc. for breach and / or non-fulfillment of the prevailing Rules and Regulations and other statutory provisions in force from time to time and applicable to the work during the currency of contract. 19. COMPLIANCE OF STATUTES Bidder shall strictly abide by all the laws governing employment, payment of wages, Safety and welfare of his labour and staff and relevant provisions of the Minimum Wages Act, PF/ Gratuity Act, the Workmen s Compensation Act, Contract labour (Abolition and Regulation) Act, the Factory Act, Industrial Dispute Act, Bonus Act and other Statutory provisions as ones existing now or as may be introduced hereafter as well as the orders of the Central and State Govt. and the Rules and Regulations framed under the said Acts. If any amount becomes payable by GMDC as a result of any claim or application in terms of the provisions of the said Acts and the Rules and Regulations, By-laws or the Orders made there under, such amounts shall be recoverable from Bidder. Any consequences arising out of non-compliance of Safety Provisions will be at Bidder s sole risk and cost. Bidder will maintain all the statutory registers under the above Acts and Regulations and will submit the same on demand by the Factory Manager / General Manager (Project). 20. SUBLETTING - The whole of the work included in the contract shall be executed only by the Bidder himself and the Bidder shall not directly or indirectly transfer, assign, underlet or sublet the contract or any part thereof or interest therein and doing so shall result in the contract being terminated at the risk and cost of the Bidder. 21. NON-FULFILMENT OF TERMS AND CONDITIONS OF THE CONTRACT If the Bidder fails to carry out the work as per the terms and conditions of the contract to the complete satisfaction of GMDC, the GMDC shall be entitled to forfeit the Security Deposit paid by the Bidder. In such an event, GMDC shall have the right to complete and/or to get the work completed at the cost and risk of the Bidder and the Bidder shall be responsible to pay any additional cost incurred by GMDC to complete the work and/or to get the work completed. Likewise, if the Bidder does not fulfill the terms and conditions of the contract and does not carry out the work to the entire satisfaction of GMDC, the work can be terminated at the sole discretion of GMDC without assigning any reason whatsoever for the same and in such an event GMDC shall be entitled to forfeit the Security Deposit paid by the Bidder and shall also have the right to complete and / or get completed the work at the sole risk and cost of the Bidder. In addition GMDC shall also have the right to recover such cost from the Bidder to complete and/or to get completed the work. In both the above events the Bidder shall be entirely responsible for all the costs and consequences arising there from.

15 In case of any change in the directives / rules of the Central / State Government regarding mining of bauxite and execution of work related thereto, the same shall have to be strictly adhered to and shall be binding upon the bidder, GMDC will not be responsible for any compensation for any damages suffered by the bidder due to such changes. If it is required for any reason, GMDC reserves the right to cancel, terminate, amend and/or alter the contract and/or bifurcate and/or reduce the contract work, at any time, without giving any notice to the Bidder and without incurring any responsibility for such termination, modification and/or alteration and in such an event the Bidder shall have to take away his labour, tools, tackles, machinery, equipment etc. and shall leave the site at once and fully comply with the instructions of GMDC. 22. PENALTY a. The Liquidated damages shall be leviable after end of every month on the shortfall in the quantity of briquettes specified in respect of that month, counted from the date of commencement of work till the relevant RA Bill period, at the following rates Cumulative Shortfall till the Rate for Liquidated damages for Running Account Bill Period shortfall quantity Up to 5% of the prescribed cumulative 2% of the contract rate per MT quantity More than 5% up to15% of the 5% of the contract rate per MT prescribed cumulative quantity More than 15% of the prescribed 10% of the contract rate per MT cumulative quantity c) The obligation to strictly comply with the specified monthly quantity i.e. the quantity specified in respect of the particular month in the monthly schedule is fundamental requirement and obligation of the bidder. d) Shortfall in the targeted quantity shall be reviewed on cumulative target basis at the end of each running account bill period so that the bidder can recoup and recover the shortfall, if any, during the month of the respective RA bill period. 23. DISPUTES & LEGAL JURISDICTION Matter relating to any dispute or difference arising out of this tender and subsequent contract award based on the bid shall be subject to the exclusive jurisdiction of Ahmedabad court only. 24. FORCE MAJEURE Force majeure is herein defined as natural phenomena such as floods, droughts, earthquakes and epidemics, declaration of war, change in Central / State Govt. policies,

16 strikes, lockouts etc. In such conditions force majeure can be enforced and it will be obligatory on both the parties to make an agreement regarding the period and the applicability of the force majeure in each case and both the parties will inform each other in writing within ten days the date of commencement and termination of the force majeure. Under the circumstances of force majeure stated above, the contract in terms of quantity and period can be extended by a period equivalent to the loss of time due to force majeure as per the mutual agreement. 25. TERMINATION OF THE CONTRACT In case of Bidder s failure to carry out the work to the satisfaction of GMDC as per terms of the contract, GMDC can at its sole discretion, terminate the contract and/or forfeit the Security Deposit. This will, however, not absolve Bidder from the obligation to fulfill other terms and conditions of the contract. In such a case, the Bidder will have no right whatsoever to claim any compensation for the same. The decision of GMDC in this regard shall be final and binding upon Bidder. In case of any changes in the directives of Central/State Government regarding mining operation / and execution of work related thereto, the same shall have to be strictly adhered to and binding upon Bidder for implementation and GMDC will not be responsible for any losses suffered by the successful Bidder as a result of such changes. GMDC may terminate this contract at any time during by giving seven days notice to the Bidder without assigning any reason whatsoever. 26. LOCAL FACILITIES / LOCAL CONDITIONS a. The GMDC do not undertake and agree to provide any facilities to the Contractor at the work site. b. Single point Three Phase Electricity supply may be made available by GMDC at Contractor s camp / workshop, if located within the GMDC owned area. Further distribution of power will have to be arranged by Contractor at its own risk and cost. Power consumed will be metered and charged at the prevailing rate of GEB. However, the Contractor will be free to make its own independent arrangements. 27. GENERAL CONDITIONS a. Bidder shall not assign charge or sublet the contract to third parties. b. Bidder will also have to make necessary arrangements for potable drinking water at each point of work for the officials/ employees working under Bidder, at his cost.

17 c. All the personnel engaged by the Bidder in connection with the performance of the contract shall be his employees only and no claim shall be entertained against the Corporation in respect of non-payment of wages or remuneration of any description due by the Bidder to his employees or for any failure on his part in the discharge of his obligations to his employees. d. In the event of GMDC becoming liable for any claims by any person/s as a result of application of the provisions of the said Acts, Rules and Regulations and others there under, GMDC has the right to deduct the said amount from the amounts due to the Bidder, from his bills or Security Deposit e. Bidder will pay the compensation/cost towards injury to any person/s or damage to property/ies belonging to GMDC, Private parties or Government, as directed by GMDC or Government. f. Bidder shall submit on demand muster roll, wages / salary sheets, PF return and Challans as well as the reports, registers and returns as provided for in the law, rules and regulations every month and as required by GMDC. g. Bidder will arrange for regular checking and maintenance of machinery deployed by him to keep the same in proper and safe working order at all the times. Periodical checking of all such machines as required under various statutes shall be organized through the GMDC s representative and their report shall be maintained properly. h. Management does not undertake and agree to provide any facilities to Bidder at the site. i. Bidder will arrange at his cost all necessary tools, tackles, machinery and equipment etc. as may be required to execute the contract. j. For any dispute arising out of this contract or interpretation of any terms thereof, the decision of the Committee consisting of concerned Project Head at H.O., concerned Head at the Project, and the Divisional Head concerned with the matter under dispute, subject to concurrence of MD GMDC, shall be final and binding upon Bidder. k. Upon acceptance of the contract, the Bidder will have to submit valid Labour contract License under contract labour (Regulations and Abolition Act). l. Bidder will ensure that labours are engaged only as per the terms and conditions laid-down in the Labour License. m. It should be noted that the targeted quantity allotted to Bidder is as per assessment of GMDC based on various geological data and as such, it is advisable for the Bidder to visit the site and discuss with the Project management before submitting

18 his offer, to assess the quantity, quality and the working conditions of the block to be allotted to Bidder. n. If the Bidder fails to submit to GMDC the copy of PF Challans of preceding month within first 15 days of succeeding month, the management of GMDC reserves the right to suspend or cancel the contract. o. Upon completion of targeted quantity of contract, the Bidder has to stop working. p. The Bidder will have to take comprehensive insurance of men deployed by him. q. Each and every page of the tender proposal including the original document supplied by the Corporation shall be signed by the Bidder with his usual signature. All signatures should be dated and Company s seal shall be affixed below it. 28. BIDDING SCHEDULE The rates will be quoted by the Bidder strictly in the prescribed Bidding Schedule only, annexed hereto. The Bidding Schedule will be placed in a Sealed envelope marked Price Bid and submitted along with the Tender in an overall sealed envelope super scribed PRODUCTION OF BRIQUETTES

19 D E C L A R A T I O N From: Date: To The Managing Director Gujarat Mineral Development Corporation Limited : Khanij Bhavan 132 ft. Ring Road University Ground Vastrapur AHMEDABAD Dear Sir, I/We hereby solemnly declare that any of our partners severally and/or individually or our firm/company have not been put at any time in the past on the black list either by Central / State Government or any of their Undertakings. Further, I / We hereby agree that subsequent to awarding the work under this tender to me/us or to our firm / our Company, if the Corporation comes to know that any of our partners either individually or severally, or our firm / Company was black listed by any of the above stated agencies, the Corporation shall be entitled to take any action/s against me/us severally and/or individually or our firm / Company in this regard, in any manner, that it may be deemed fit. Thanking you, Yours faithfully, SIGNATURE OF THE BIDDER WITH RUBBER STAMP Place: (On letter head of the bidder after completion of the contract before release of SD)

20 FORMAT OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT (EMD) ( On Non-judicial Stamp paper to be submitted along with submission of bids). (Name of the Bank) Address.. Guarantee No.. A/C Messrs.. (Name of Bidder) Date of Expiry. Limit to liability (currency & amount). Invitation for Tender No.. dated ( bidding document ) For.. (Name of Facilities) Subject: Earnest Money Deposit Bank Guarantee. Date 200 To General Manger (LP), Gujarat Mineral Development Corporation. 132 Ft Ring Road, Near University Ground Vastrapur, Ahmedabad. Dear Sir, In consideration of Gujarat Mineral Development Corporation ( hereinafter called GMDC ) which expression shall unless repugnant to the subject of context include his successors and assigns having agreed to exempt M/s. (hereinafter called Bidder ) from demand under the terms and conditions of Technical Bid Document ( hereinafter called the said Bidding Document ) issued by the GMDC vide Tender No. for the work ( Name of the facilities ) from Earnest Money Deposit (EMD) of Bid for the due fulfillment by the Bidder of the terms and conditions contained in the said Bidding Document on production of Bank Guarantee for INR ( only ) ( figure in words). 1. We the ( Name of Bank ) hereinafter referred to as Bank having our registered office at ( address of Bank ) do hereby undertake and agree to indemnify and keep indemnified GMDC to extent of INR ( only ) ( figures in words ) against any losses, damage cost, charges and expenses caused to or suffered by or that may be caused or suffered by GMDC by reason of any breach or breaches by the Bidder of any of

21 the terms and conditions contained in the said Bidding Document and unconditionally pay the amount claimed by GMDC on demand and without demur to the extent aforesaid. 2. We ( Name of Bank ) do hereby undertake to pay the amounts due and payable under the guarantee without any demur merely on a demand by you stating that the amount claimed is due by way of loss or damage caused to or would be caused or suffered by you by reason of any breach by the said Bidder of any of the terms or conditions contained in the said Bidding Document by reason of the Bidder s failure to fulfill the conditions of said Bidding Document. Any such demand on the Bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding INR. 3. We ( Name of Bank ) further agree that GMDC shall be the sole judge of and as to whether the Bidder has committed any breach or breaches of terms and conditions of the said Bidding Document and the extent of loss, damages, costs, charges and expenses caused to or suffered by or that may caused to or suffered by GMDC on account hereof to the extent of the Bid Security required to be deposited by the Bidder in respect of the said document and the decision of GMDC that the Bidder has committed such breach or breaches and as to the amount or amounts of loss, damages, costs, charges, and expenses caused to or suffered by or that may be caused to or suffered by GMDC shall be final and binding on us. 4. We ( Name of Bank ) further agree that guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance on the said Bidding Document and that it shall continue to be enforceable till you certify that terms and conditions of the said Bidding Document have been fully and properly carried out by the said Bidder and accordingly discharge the guarantee. Unless a demand or claim under this guaranteed is made on us in writing on or before the (date) we shall be discharged from all liability under this guarantee. 5. We ( Name of Bank ) further agree with you that you have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Bidding Document or to extend time of performance by the said Bidder from time to time or to postpone for any time or from time to time any of the powers exercisable by you against the said Bidder and to forbear or enforce any of the terms and conditions relating to the said Bidding Document and we shall not be relieved from our liability by reason of any such variation or extension being granted to the said Bidder or for any forbearance act or omission on your part or any indulgence by you to the said Bidder or any such matter or thing whatsoever under the law relating to sureties would but for this provision have effect of so relieving us. 6. It shall not be necessary for GMDC to proceed against the Bidder before proceeding against the Bank and the Guarantee herein contained shall be enforceable against the

22 Bank, notwithstanding any security which GMDC may have obtained from the Bidder at this time when proceeding are taken against Bank hereunder be outstanding or unrealised. 7. We ( Name of Bank ) further undertake to unconditionally pay the amount claimed by GMDC merely on demand and without demur to the extent aforesaid. 8. We, the said Bank lastly undertake not to revoke this guarantee during its currency except with the previous consent of GMDC in writing and agree that any change in the constitution of GMDC or the Bidder or the said Bank shall not discharged our liability hereunder dated day of 200. for ( Name of Bank ) Yours faithfully For ( Name of the Bank )

23 (FORMAT FOR AFFIDAVIT) (On Non-Judicial Stamp Paper of RS 100/-) A F F I D A V I T UNDERTAKING REGARDING GENUINESS OF DOCUMENTS I,, Partner/Legal Attorney/Accredited Representative of M/s. solemnly declare that : i) We are submitting Tender for the work against Tender No. ii) None of the Partners of our firm is relative of employee of (Name of the Company) iii) All information furnished by us in respect of fulfillment of eligibility criteria and qualification information of this Tender is complete, correct and true. iv) All documents/credentials submitted along with this Tender are genuine, authentic, true and valid. v) If any information and document submitted is found to be false/incorrect at any time, GMDC may cancel my Tender and action as deemed fit may be taken against us, including termination of the contract, forfeiture of all dues including Earnest Money / Security deposit and banning/delisting of our firm and all partners of the firm etc. SIGNATURE OF THE TENDERER WITH SEAL. Dated.. Seal of Notary

24 DATA TO BE FURNISHED BY THE BIDDER A) ORGANISATION STRUCTURE 1. Name of the applicant : 2. Status : Firm /Company /Individual 3. Date of establishment : 4. Permanent Address : of the Head Office 5. Full name, age, : qualifications, experience etc. of the Partners / Directors / Proprietor Note- Please enclose certified copies of the following : a) Partnership Deed b) Registration Certificate c) Articles of Association of the Company d) Annual Report of the last year or audited Balance-sheet. WORKING EXPERIENCE DETAILS 1. a) Name of the agency for which mining was done. b) Value of the mining contract. c) Year of contract (enclose certified copies) : 2. P.F. Registration No. and : Labour License No. if any, with Central / State Govt. and/or Other Central / State Govt. Undertaking. 3. List of key personnel with their : technical qualification and experience etc.

25 4. Details of any penalty / premium : levied / awarded during last 2 years for default / appreciation in execution of work. FINANCIAL DATA 1. Latest Solvency Certificate from a : Nationalised Bank for a minimum Amount of Rs. 10 lacs. 2. Names of Bankers and their : address.

26 FORM AA PRICE BID / SCHEDULE Name of Work :- OPERATION AND MAINTENANCE OF BRIQUETTING PLANT FOR PRODUCTION OF BRIQUETTES AT FLUORSPAR BENEFICIATION PLANT, KADIPANI DISTRICT: VADODARA Name of Bidder :- Address :- Sr. No. Description 1. Production of Fluorspar briquettes Unit Rate (in Rs.) (In figure) MT Rate ( in words) WITH SEAL SIGNATURE OF THE BIDDER