ODISHA MINING CORPORATION LIMITED

(A GOLD CATEGORY STATE PSU)

Bid Document
for
DIAMOND CORE DRILLING WORK FOR
MANGANESE AND IRON ORE LEASES IN BARBIL
REGION

(through ee-tendering)
Bid document No: OMC/E
OMC/E-PROC/CMC/58/2022 dated 07.01.2022

Page 1 of 76
Contents

E-procurement notice ................................

................................................................................................................................
.................................... 3
1. Schedule for the Tender ................................
................................................................................................
............................................... 4
2. Data Sheet ................................
................................................................................................................................
..................................... 5
3. Disclaimer................................
................................................................................................................................
...................................... 6
4. Abbreviations ................................
................................................................................................................................
................................ 9
5. Definitions and Interpretations ................................................................................................
.................................. 11
6. Scope of Services................................
................................................................................................
......................................................... 14
7. Eligibility Criteria ................................
................................................................................................
......................................................... 15
8. Instruction to Bidders ................................
................................................................................................
................................................. 18
9. Additional Instructions to Bidders ..............................................................................................
.............................. 27
10. Additional Information on EE-tendering process ................................................................
..................................... 28
Annexure 1: General Conditions of Contract
Contract-Services ................................................................
....................................... 32
Annexure 2: Special Conditions of Contract ................................................................
....................................................... 44
Annexure 2A: Proforma of the Agreement to be signed between OMC and the Service Provider ... 57
Annexure 3: Format for Power of Attorney ................................................................
........................................................ 60
Annexure 4: Price Bid Format ................................
................................................................................................
............................................. 61
Annexure 5: Declaration by the Bidder ...............................................................................................
............................... 62
Annexure 6: Check-list
list for the Techno
Techno-Commercial Bid ................................................................
..................................... 63
Annexure 7: Mandate Form - on the letterhead of the Bidder ..........................................................
.......................... 64
Annexure 8: Format for Performance Security ................................................................
................................................... 66
Annexure 09: Format for Indemnity Bond ..........................................................................................
.......................... 70
Annexure 10: Rate of GST ................................
................................................................................................
................................................... 72
Annexure-11:
11: List of Equipment and Accessories ................................................................
............................................... 73
Annexure-12:
12: SA 8000 Compliance Format ................................................................
........................................................ 74

Page 2 of 76
 E-procurement notice
Bid document No.: OMC/E-PROC/CMC/58/2022
PROC/CMC/58/2022 dated : 07/01/2022

1 Work name DIAMOND CORE DRILLING WORK FOR MANGANESE AND

IRON ORE LEASES IN BARBIL REGION (through e-tendering)
e

2 Availability of tender Date: 08/01/2022, Time: 11.00 AM

documents on the e-
tendering portal of
Government of Odisha
3 Last date for sending queries Date: 17.01.2022; Time: 5.00PM; queries may be sent by
to OMC, if any email to cmc@odishamining.in
4 Pre bid Meeting Date:- 19.01.2022; Time: 11:30 AM by Virtual Mode

5 bid Date:- 21.01.2022

Issue of responses to pre-bid
queries, addendum/
corrigendum, if required
6 Bid Due Date Date: 07.02.2022; Time: 5.30 PM

7 Opening of Techno- Date: 08.02.2022; Time: 11.00 AM

Commercial Bid
8 Opening of Price Bid To be informed to the Technically Qualified Bidders

9 Tender Paper Fee (non- Amount: INR 11,800/- (Rupees eleven thousand eight
refundable) including GST hundred only) including GST @18%
Payable online on the e-tender
tender portal of Government of
Odisha (www.tendersodisha.gov.in)

10 Earnest Money Deposit Amount: INR 16,05,000/- (Sixteen Lakh Five Thousand) only
(EMD)
Payable online on the e-tender
tender portal of Government of
Odisha (www.tendersodisha.gov.in)

All other details can be seen from the Tender Document available on the e-procurement
procurement portal
of the Government of Odisha ((www.tendersodisha.gov.in) and on the website of OMC
(www.omcltd.in). OMC reserves the right to reject any or all bids without assigning any reason
thereof.
Sd/-
Head (C&P)
Odisha Mining Corporation Ltd.
(A Gold Category State PSU)
Registered Office: OMC House, Bhubaneswar
Bhubaneswar-751001
Tel: 0674 2377509, 2377488

Page 3 of 76
1. Schedule for the Tender

Sl. No. Parameter Name

1 Date of publication of NIT Date: 07.01.2022

2 Availability of tender Date: 08.01.2022; Time: 11.00 AM

A
documents on the ee-
tendering portal of
Government of Odisha
3 Site Visit Within 10 days of publication of tender as per
Clause 9.1

4 Bid Due Date Date:07.02.2022; Time:5.30PM

5 Opening of Techno
Techno- Date: 08.02.2022; Time: 11.00 AM
Commercial Bid
6 Opening of Price Bid To be informed to the Technically Qualified
Bidders

Page 4 of 76
2. Data Sheet

Sl. No. Parameter Name

1 Name of tender DIAMOND CORE DRILLING WORK FOR

MANGANESE AND IRON ORE LEASES IN BARBIL
REGION (through e-tendering)

2 Type of tendering Open tendering

3 Mode of tendering e-tender

4 E-tender site www.tendersodisha.gov.in

5 Tender Paper Fee (non- INR 11,800/- (Rupees Eleven thousand eight
refundable) including GST hundred only) including GST @18%
Payable online on the e-tender
tender portal of
Government of Odisha
(www.tendersodisha.gov.in)

6 Earnest Money Deposit Amount: INR 16,05,000/- (Sixteen

Sixteen Lakh Five
(EMD) Thousand) only
Payable online on the e-tender
tender portal of
Government of Odisha
(www.tendersodisha.gov.in)) For exemption of
EMD, please refer Clause 8.7.4 (Instruction to
Bidders)

7 Amount of Performance 10% of the Annual Contract value (excluding

Security taxes)
Amount shall be submitted in the shape of DD or
Bank Guarantee in the format provided in
Annexure 8

8 Nodal Officer Name: B.C. Behera

Phone No.: (+91)-8342002829
E-Mail: bcbehera@odishamining.in
@odishamining.in
9 Address of the OMC Limited OMC House,
P.O. Box No.34
Bhubaneswar - 751 001
Odisha, India
10 Bid document No. OMC/E-PROC/CMC/58/2022;; dated 07.01.2022

Page 5 of 76
 3. Disclaimer

3.1 This Bid document is neither an agreement nor an offer by OMC to the prospective
Bidders or any third party. The purpose of this Bid document is to provide interested
parties with information to facilitate the formulation of their Bid pursuant to this Bid
document.

3.2 This Bid document includes statements, which reflect various assumptions and
assessments arrived at by OMC. Such assumptions, assessments and statements do not
purport to contain all the information that a Bidder may require. This Bid document may
not be appropriate
iate for all persons, and it is not possible for OMC to consider the
particular needs of each party who reads or uses this Bid document.. The assumptions,
assessments, statements and information contained in the Bid document may not be
complete, accurate, adequate
dequate or correct. Each Bidder must, therefore conduct its own
due diligence and analysis and should verify the accuracy, adequacy, correctness,
reliability and completeness of the assumptions, assessments, statements and
information contained in this Bid document and obtain independent advice from
appropriate sources.

3.3 Information provided in this Bid document to the Bidder(s) is on a wide range of
matters, some of which may depend upon interpretation of law. The information
provided is not intended to be an exhaustive account of statutory requirements and
should not be regarded as a complete or authoritative sstatement
tatement of law. OMC accepts
no responsibility for the accuracy or otherwise for any interpretation or opinion on law
expressed herein.

3.4 OMC, its employees and its consultants make no representation or warranty and shall
have no liability to any person including any Bidder under any law, statute, rules or
regulations, the law of contract, tort, principles of restitution or unjust enrichment or
otherwise for any loss,, damage, cost or expense which may arise from or be incurred or
suffered in connection with this Bid document,, or any matter deemed to form part of
this Bid document,, or arising in any way in relation to this Bidding Process.

3.5 Neither OMC nor its employee

employees or its consultants make any representation or warranty
as to the accuracy, reliability or completeness of the information in this Bid document.
OMC also accepts no liability of any nature whether resulting from negligence or
otherwise howsoever caused ar arising
ising from reliance of any Bidder upon the statements
contained in this Bid document.

Page 6 of 76
3.6 The Bidder should confirm that the Bid document downloaded by them is complete in
all respects including all annexures and attachments. In the event the document or any
part thereof is mutilated or missing, the Bidder shall notify the Nodal Officer
immediately in writing.

3.7 If no intimation is received within the last date for submission of Pre
Pre-Bid
Bid queries, it shall
be considered that the Tender Documents received by the Bidder is complete in all
respects and that the Bidder is fully satisfied with the Tender Documents.

3.8 No extension of time shall be granted to any Bidder for submission of its Bid on the
ground that the Bidder did not obtain the complete set of Tender Documents.
ments.

3.9 This Bid document and the information contained herein are strictly confidential and
privileged and are for the exclusive use of the Bidder to whom it is issued. This Bid
document shall not be copied or distributed by the recipient to third parties (other than,
to the extent required by 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 Bid document). In the even
eventt after the issue of the Bid
document, the recipient does not continue with its involvement in the Bidding Process
for any reason whatsoever, this Bid document and the information contained herein
shall be kept confidential by such party and its profession
professional
al advisors at all times.

3.10 OMC may in its absolute discretion, but without being under any obligation to do so,
update, amend or supplement the statements, information, assessment or assumptions
contained in this Bid document at any time during the Bidding Process. All such changes
shall be uploaded on the ee-procurement
procurement portal of the Government of Odisha and on the
website of OMC. It is the duty of Bidders to visit the ee-procurement
procurement portal and the
website of OMC regularly and keep themselves updated on the Bidding Process and any
communication made in relation to the Bidding Process.

3.11 The Bidders or any third party shall not object to such
changes/modifications/additions/alterations as provided in Clause 3.10
10 above, explicitly
or implicitly. Any such objecti
objection
on by the Bidder shall make the Bidder’s Bid 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 Bid
document.

3.12 The Bidder shall not make any public announcements with respect to the Bidding
Process, this Bid document and/or the Bidding Documents. Any public announcements
to be made with respect to the Bidding Process or this Bid document shall be made
exclusively by OMC. Any breach by the BBidder
idder of this Clause shall be deemed to be in

Page 7 of 76
 non-compliance
compliance with the terms and conditions of this Bid document and shall render
the Bid liable for rejection. OMC's decision in this regard shall be final and binding on
the Bidder.

3.13 By responding to the Bid document,, the Bidder shall be deemed to have confirmed that
it has fully satisfied and has understood the terms and conditions of the Bid document.
The Bidder hereby expressly waives any and all claims in respect thereof.

3.14 The Bid is not transferable.

Page 8 of 76
4. Abbreviations

AMC Annual Maintenance Contract

BG Bank Guarantee
BH Bore Hole
BOQ Bill of Quantity
DFO District/Divisional Forest Officer
DSC Digital Signature Certificate
EFT Electronic Fund Transfer
EMD Earnest Money Deposit
ESI Employee’s State Insurance
FoR Freight on Road
FC Forest Clearance
FDP Forest Diversion Proposal
FY Financial Year
GCC General Conditions of Contract
GST Goods and Services Tax
GSTIN GST Identification Number
GSTR GST Returns
GTE General Technical Evaluation
I/C In-Charge
IFSC Indian Financial System Code
INR Indian Rupee / legal tender currency of India
ISI Indian Standards Institute
ISO International Organization for Standardization
IT Income Tax
ITC Input Tax Credit
JV Joint Venture
LD Liquidated Damages
LLP Limited Liability Partnership
LoA Letter of Award
MICR Magnetic Ink Character Recognition
ML Mining Lease
MMP Modified Mining Plan
MSE Micro & Small Enterprises
MSME Micro, Small & Medium Enterprises
NEFT National Electronic Funds Transfer
NIT Notice Inviting Tender
OEM Original Equipment Manufacturer
OMC Odisha Mining Corporation
PAN Permanent Account Number

Page 9 of 76
POL Petroleum, Oil and Lubricants
PSU Public Sector Undertaking
RfP Request for Proposal
RTGS Real Time Gross Settlement
SBI State Bank of India
SCC Special Conditions of Contract
SO Service Order
TIA Tender Inviting Authority

Page 10 of 76
 5. Definitions and Interpretations

The words and expressions beginning with capital letters and defined in this document
shall, unless repugnant to the context, have the meaning ascribed thereto herein.
5.1 “Applicable
Applicable Laws” means all laws, legislations, statutes, rules, directives, ordinances,
notifications, exemptions, regulations, judgments/ orders of any court, tribunal,
regulatory bodies and quasi
quasi-judicial
judicial bodies or any interpretation thereof enacted,
issued, or promulgated by any authority and applicable to either OMC or to the Bidders;
Bidders
5.2 “Authorized Signatory” shall have the meaning as set forth in Clause 8.5;
8.5
5.3 “Bid” means the documents submitted by a Bidder pursuant to this Bid document,
including the Techno
Techno-Commercial
Commercial Bid along with any additional
information/clarifications required/ sought by OMC and the Price Bid, submitted strictly
in the formats provided by OMC. The B Bid
id shall not be considered to be a Bid if it is not
submitted as per the formats prescribed by OMC
OMC;
5.4 “Bidder” designates the legal entity which has made a proposal, a tender or a bid with
the aim of concluding a Service Order / Agreement with OMC
OMC;
5.5 “Bidding Process” meanss the process governing the submission and evaluation of the
Bids as set out in the Bid document itself;
5.6 “Bid Due Date” shall mean the last date for submission of bids, as given in the Schedule
for the Tender. No bids shall be accepted in the e-procurement
procurement portal after the Bid Due
Date;
5.7 “Bid Validity Period” shall have the meaning given to it in Clause 8.8;
5.8 “EMD” means the amount submitted by a Bidder to OMC for participating in the Bidding
Process, in terms of Clause 8.7
8.7;
5.9 “Financial Criteria” shall have the meaning given to it in Clause 7.2;
5.10 “Financial Year” means the 12 months period from 1st April to 31st March corresponding
to the audited annual accounts;
5.11 “Letter of Award (LoA)”
)” means the written official intimation by O
OMC
MC notifying the
Selected Bidder that the work has been awarded in its favour as per the terms and
conditions mentioned therein;
5.12 “Net Worth” shall have the meaning ascribed to it in Section 2(57) of the Companies
Act, 2013;

Page 11 of 76
5.13 “Notice Inviting Tender” or ““Bid document” or “RfP document”” or “Tender Paper” or
“Tender Documents” or “Tender” or “Bid Documents” means documents issued by OMC
vide Bid document No. OMC/E-PROC/CMC/58/2022 dated 07.01.2022 for Diamond
Core Drilling Work for Manganese and Iron Ore Lease
Leases in Barbil Region and shall include
any modifications, amendments, corrigenda/ addenda or alterations thereto. The
documents are as follows:
a) This Bid document
document;
b) Any corrigendum(a)/addendum(a) and clarification(s) to the Bid document
issued by OMC subsequent to the issue of the Bid document will also be
considered an integral part of the Bid document.. Any reference to the Bid
document in the Agreement shall include such corrigendum(a)/ addendum(a);
5.14 “OMC” means Odisha Mining Corporation
n Limited having its registered office at
Bhubaneswar – 751 001, Odisha including its successor and assignees or its
representatives;
5.15 “Pre-bid
id Meeting” means Pre
Pre-bid
id meeting to be held as per the schedule indicated in
the Schedule for the Tender hereof;
5.16 “Price
rice Bid” means the Price Bid submitted by the Bidder, in accordance with Clause
8.15.2;
5.17 “Related Party” shall have the meaning ascribed to it in Section 2(76) of the Companies
Act, 2013;
5.18 “Revised Price Bid” shall have the meaning given to it in Clause 8.21.1
1; <to be kept in
case of L1 selection only>
5.19 “Selected Bidder” shall have the meaning given to it in Clause 8.21;
5.20 “Successful Bidder” shall have the meaning given to it in Clause 8.22;
5.21 “Technical Criteria” shall have the meaning given to it in Clause 7.1;
5.22 “Technically Qualified Bidder” means a Bidder whose Techno Techno-Commercial
Commercial Bid is
responsive and meets the requirements to the satisfaction of OMC as per terms and
condition of the Bid document and is qualified for opening of its Price Bid;
5.23 “Techno-Commercial
al Bid” means proposal submitted by the Bidder in accordance with
Clause 8.15.1;
5.24 “Tender Paper Fee”” shall have the meaning as set forth in Clause 8.6;
5.25 “Turnover” shall have the meaning ascribed to it in Section 2(91) of the Companies Act,
2013.

Page 12 of 76
All other capitalized words not defined herein shall have the same meaning as ascribed
to them in the Bid document
document.. Terms and expressions not defined anywhere in the Bid
Documents shall have the same meaning as are assigned to them in Indian Contract Act,
1872 and/or in General Clauses Act, 1897.

Page 13 of 76
 6. Scope of Services

6.1 The selected Service Provider shall provide the following services to OMC as per the
below mentioned timeframe
timeframe:

# Description Particulars
1. Name of Region/ (Dist.) Barbil Region, Keonjhar District

2. Name of Lease
ease hold As specified in Annexure 2
Dalki, Parulipada & Roida-78
78 ML
3. Mineral/ ore and associated Manganese Ore and Iron Ore
formations
4. Projected quantum of core 19,700
drilling work in Mt
Mtr.
(As specified in Annexure 2)
5. Type of Drilling Diamond Core Drilling

6. Work contract period 9 (Nine) Months

6.2 The detailed scope and specifications of the services, along with the contract period,
payment terms,, etc. are given in Special Conditions of Contract as enclosed in Annexure
2.

6.3 The “General Conditions of Contract

Contract-Services”
Services” as enclosed in the tender at Annexure 1
shall form an integral part of the Bid document and will also form a part of the
Agreement placed against this tender.

Page 14 of 76
7. Eligibility Criteria

The Bidders eligible to pa

participate
rticipate in this tender should fulfill the following Criteria:
# Criteria Required Documents
7.1 Technical Criteria Self-attested
attested copies of
The Bidder must have experience of a) Relevant contracts or work
having successfully executed similar work orders or agreements
during the last 5 (five) years, which shall containing the scope of
be : services, the value of the
Similar Completed Service of 116000 m in contract or work order or
any year. agreement; and
b) Completion certificate from
their clients/employers,
Note: regarding successful
completion of the services
i) “Similar completed Services” shall c) In case meterage of the
mean the Bidder should have contract is not mentioned in
successfully executed Core Drilling the contract or work order or
Work in metallic mineral or hard agreement, then the
formation meterage
rage must be
ii) Applicable 5 (five) years shall be mentioned in the completion
preceding five financial years certificate issued by the
excluding the financial year of client/ employers
floating of the Tender (i.e. FY
2016-17,
17, FY 2017
2017-18, FY 2018-19,
FY 2019-20
20 and FY 2020
2020-21)

7.2 Financial Criteria a) Copies of audited financial

i) Average financial turnover of the statements
Bidder during the last 3 (three) b) In case the audited financial
financial years should be at least INR statements of the last
7.00 Crore financial year is not yet
ready, the Bidder shall
ii) Net worth of the Bidder in each of the
submit unaudited financial
last 3 (three) financial years should be statements, certified by its
positive as per audited balance sheet. statutory auditor
iii) Bidder should submit a solvency c) Solvency certificate as set out
certificate issued by any Nationalised/ in Clause 7.2 (iii) hereof,
Scheduled Commercial Bank for an issued by any Nationalised /
amount at least INR 1.0 Crore. The

Page 15 of 76
 # Criteria Required Documents
certificate should not b
be dated earlier Scheduled Commercial Bank.
than three months from the Bid Due
Date.
Note:
a. Applicable 3 (three) years - FY 2018-19,
FY 2019-20
20 and FY 2020
2020-21

7.3 Other Criteria

7.3.1 The Bidder can be either Copies of all documents, in case
i) a Company (Private or Public), or of
ii) a registered partnership firm, or
i) Company (Private or Public)
iii) an LLP firm
 Certificate of
Incorporation
 Memorandum of
Association
 Articles of Association
ii) Registered partnership firm
 Registration certificate
 Deed of Partnership
iii) LLP firm
 Certificate of
Incorporation
 Deed of Partnership

7.3.2 The Bidder should have valid PAN and  Copy of PAN
GSTIN registration  Copy of GST registration
certificate – REG 06

7.3.3. The Bidder should not have been Affidavit to this effect, as per the
banned/blacklisted by OMC or any format given in Annexure 5
government agency or any PSU as on the
date of submission of Bid
7.3.4 Tender Paper Fee Fee, EMD amount and a) Please refer to Clause 8.6 for
Power of Attorney further details
b) Please refer to Clause 8.7 for
further details.
c) Power of Attorney (as per the
format given in Annexure 3)
in favour of the Authorized

Page 16 of 76
 # Criteria Required Documents
Signatory of the Bidder who
shall also be the DSC holder.
Please refer to Clause 8.5 for
further details

7.3.5 The Bidder whose Contract/Agreement Decision of OMC in this regard is

with OMC had been terminated /failed to final & binding on all such
perform will not be eligible to participate entities
in the bidding.
7.3.6 The Bidder should have registration under  Copy of valid EPF & ESI
the Employees Provident fund act 1952, Registration certificate
State Insurance Act 1948 and Contract  Copy of valid Labour License
Labour Act.

Note
a. The value of the contracts or work orders or agreements to be considered shall
be exclusive of all taxes and duties.

b. The word delivered means that the Bidder ought to have completed the scope of
services in the technical capacity above, even if the total contract or Work Order
is not completed/
leted/ closed. However, Bidder ought to have completed the entire
range of services as specified in the Bid document, even if the total Contract is
not completed/closed. The Bidder shall also be required to submit a part
completion certificate which should clearly indicate the meterage and the
completed portion (physical progress) of the work (which should satisfy
requirement of the Bid document). The part completion certificate shall also
highlight if the part performance/ progress of the work of the Bidder Bidde with
respect to the services under consideration, was satisfactory or not.

c. Bidding in the form of a consortium is NOT allowed.

Page 17 of 76
 8. Instruction to Bidders

8.1 The Bidderss intending to participate in this tender are required to register on the e- e
procurement portal of the Government of Odisha ((www.tendersodisha.gov.in.)
tendersodisha.gov.in.) This is a
onetime activity for registering on the Government website. During registration, the
Bidders willll be required to attach a Digital Signature Certificate (DSC) to the Bidder’s
unique user ID. The DSC used should be of appropriate class (Class II or Class III) issued
from a registered Certifying Authority. The registration of Bidders on the portal shall
sha be
free of cost. The registration shall be in the name of the Bidder, whereas the DSC holder
shall be the duly Authorized Signatory of the Bidder.

8.2 The tender documents shall be available on the state ee-procurementprocurement portal
(www.tendersodisha.gov.in) and the website of OMC (www.omcltd.in
www.omcltd.in). There shall be
no sale of hard copies of the tender documents. Tenders can be accessed by the
prospective Bidders at the above websites and may be downloaded by them free of
cost. However, the Tender Paper Fee shall have to be paid at the time of bid submission,
unless exempted to be paid by the competent authority.

8.3 E-tendering
tendering process is mentioned in Chapter 10.

8.4 The bids are to be submitted in two covers, consisting of: (i) Techno--Commercial Bid
(under Cover I) and (ii) Price Bid (under Cover II)
II). Both the Techno-Commercial
Commercial Bid and
the Price Bid have to be submitted on the e-procurement
procurement portal of the Government of
Odisha.

8.5 The Authorized Signatory of the Bidder shall be duly authorized by a Power of Attorney
authorizing
horizing him/her to perform all tasks related to tender submission, including but not
limited to sign and submit the bid and to participate in the bidding process on behalf of
the Bidder. The format for the Power of Attorney is given in Annexure 3 of this Bid
document. Each page of all scanned documents submitted as part of the Techno- Techno
Commercial Bid along with the bid document shall be initialed with date by the
Authorized Signatory of the Bidder at the lower left
left-hand
hand corner of each page.

8.6 Tender Paper Fee

8.6.1 The Bidder shall pay to OMC a non

non-refundable
refundable amount (“Tender Paper Fee”), indicated
in the Data Sheet, as part of its Techno
Techno-Commercial
Commercial Bid. The mode of payment of the
Tender Paper Fee is also indicated in the Data Sheet.

Page 18 of 76
8.6.2 The Bidders, who are exempted to deposit Tender Paper Fee due to any exemption
granted by the Government of Odisha
Odisha,, are required to attach scanned copy of relevant
documents evidencing such exemption granted, along with the Techno-Commercial
Techno Bid
document while submitting online. The BiBidders,
dders, who does not submit Tender Paper Fee
claiming exemption but does not submit relevant document, is ineligible for bidding and
such bid shall be summarily rejected.

8.7 Earnest Money Deposit (EMD)

8.7.1 Bidders as part of their Techno

Techno-Commercial
Commercial Bid shall have to submit an Earnest Money
Deposit; the amount of the EMD is indicated in the Data Sheet.

8.7.2 Mode of Payment:

The EMD shall be payable online on the ee-tender tender portal of Government of Odisha
(www.tendersodisha.gov.in).
rsodisha.gov.in).
For the avoidance of doubt, it is clarified that OMC shall not be liable to pay any interest
on the EMD deposit so made and the same shall be interest free.

8.7.3 Return of EMD:

The EMD of the technically disqualified Bidders shall be returne
returnedd after declaration of the
list of such technically qualified Bidders in the portal. The EMD of other unsuccessful
Bidders shall be refunded after signing of the Agreement with the Successful Bidder. The
return of the EMD shall be in the form of bank trans
transfer
fer to the account of the Bidder
through the e-procurement
procurement portal of the Government of Odisha.

8.7.4 The Bidders, who are exempted to deposit EMD amount due to any exemption granted
by the Government of Odisha
Odisha,, are required to attach scanned copy of relevant
documents evidencing such exemption granted, along with the Techno-Commercial
Techno Bid
document while submitting online. The Bidders, who does not submit EMD amount
claiming exemption but does not submit relevant document, is ineligible for bidding and
such bid shall be summarily rejected.

8.7.5 The EMD of the Selected Bidder shall be returned upon the Selected Bidder furnishing
the Performance Security.

8.7.6 Forfeiture of EMD:: The EMD shall be forfeited and appropriated by OMC as a genuine
pre-estimated
estimated compensation and damages payable to OMC for, inter alia, the time, cost
and effort of OMC without prejudice to any other right or remedy that may be available
to OMC hereunder, or otherwise, under the following conditions:

Page 19 of 76
 i) if any of the documents submitted by a Bidder as part of the bid is found to be
not genuine or forged or any of the claims, confirmations, statements or
declarations of the Bidder is found to be incorrect or inconsistent, or is a case of
any material misrepresentation of facts at any point of time duringdurin the bid
evaluation process;

ii) if the Selected Bidder fails to acknowledge and return to OMC a signed copy of
the LoA or Agreement within the timeframe allowed by OMC;

iii) if the Selected Bidder fails to submit the Performance Security within the
timeframe allowed
lowed by OMC;

iv) if a Bidder withdraws its bid before completion of the bidding process during the
bid validity period, except as provided in Clause 8.8;

v) If the Bidder has otherwise committed any breach of the terms of this Bid
document;

vi) in case the Selected Bidder

Bidder,, does not comply with the requirements of the Price
Bid or the revised Price Bid, as the case may be;

vii) in case the Techno

Techno-Commercial
Commercial Bid of a Bidder contains any information on the
Price Bid of the Bidder;

8.7.7 In case of cancellation of the tender before bid opening date and time, the EMD shall be
refunded to respective Bidder
Bidder’s account.

8.8 Bid validity period:: The bid shall initially remain valid and binding on the Bidder for at
least 180 (one hundred and eighty) days from the Bid Due Date, as given in the Schedule
for the Tender. Any bid with a shorter validity period shall be rejected by OMC. Under
exceptional circumstances, OMC may in writing request the Bidders to extend the bid
validity period of their bids. In case the Bidder refuses the request of OMC to extend its
bid, the EMD of such Bidder will be returned to the Bidder. However, such bids will not
be evaluated further.

8.9 Issue of clarifications:: Bidders may also send their queries by email to the Nodal officer;
queries received after the last date for sending queries (as per the Schedule for the
Tender) may not be considered by OMC. The responses to the queries received shall be
published by OMC on its website and also on the ee-procurement procurement portal of the
Government of Odisha and the sam same
e shall also be considered to be a part of the tender
documents; however, the source of queries shall not be mentioned.

Page 20 of 76
8.10 Issue of corrigendum / amendment: At any time prior to the Bid Due Date, OMC may at
its own initiative or in response to a query or cla
clarification
rification requested by a prospective
Bidder if found appropriate, issue a corrigendum/ amendment to the tender
documents, which shall be available for download on its website and also on the e- e
procurement portal of the Government of Odisha and the same sh shall
all also be considered
to be part of the tender documents. In order to give Bidders reasonable amounts of
time to take into account such corrigendum / amendment, OMC may at its own
discretion also extend the Bid Due Date.

8.11 Extension of Bid Due Date: OMC may, at its discretion, extend the Bid Due Date which
shall be related as an act of amendment of this Bid document.

8.12 Acknowledgement by the Bidder: It shall be deemed that by submitting its bid, the
Bidder has:

i) made a complete and careful examination of the tender documents, including

the proforma agreement;

ii) received all relevant information requested from OMC;

iii) accepted the risk of inadequacy, error or mistake in the information provided in
the tender documents or furnished by or on behalf of OMC relating to any of the
matters related to this tender or otherwise;

iv) satisfied itself about the scope of work and services to be delivered/rendered
and the extant conditions and all matters, things and information necessary
neces and
required for submitting an informed bid and for providing the required services
in accordance with the tender documents including the contract (to be signed
with OMC) and performance of all of its obligations thereunder;

v) acknowledged and agreed that inadequacy, lack of completeness or

incorrectness of information said to be in the bidding documents or ignorance of
any of the matters shall not be a basis for any claim for compensation, damages,
extension of time for performance of its obligations, loss of profits etc. from
OMC;

vi) agreed to be bound by the undertakings provided by it under and in terms; and

OMC shall not be liable for any omission or commission, mistake or error in respect of
any of the above or on account of any matter or thing ari
arising
sing out of or concerning or

Page 21 of 76
 relating to the tender documents or the bidding process, including any error or mistake
therein or in any information or data given by OMC.

8.13 Right to accept or reject any/ all bids: Notwithstanding anything contained in the Bid
document, OMC reserves the right in its sole discretion, without any obligation or
liability whatsoever, to accept or reject any or all of the Bids at any stage of the Bidding
Process without assigning any reasons, thereof. Further OMC reserves the right to annul
the Bidding Process and / or to reject any or all Bids at any stage prior to the signing of
Agreement without thereby incurring any liability to the affected Bidders or any
obligation to inform the affected Bidders of the grounds for OMC’s action. Decision of
OMC shall be final and binding in this regard. OMC reserves the right to reject any bid if
at any time, a material misrepresentation is made or uncovered or if the bid received is
conditional or qualified.

8.14 Language of the bid: The bid and all related correspondence and documents in relation
to the bidding process shall be in the English language. Supporting documents and
printed literature furnished by the Bidder with the bid may be in any other language
provided
vided that they are accompanied by translations of all the pertinent passages in the
English language, duly authenticated and certified by the Bidder. Supporting materials,
which are not translated into English, may not be considered. For the purpose of
interpretation
terpretation and evaluation of the bid, the English language translation shall prevail.
The English translation of the documents shall be carried out by professional translators
and the translator shall certify that he is proficient in both languages in order
or to
translate the document and that the translation is complete and accurate.

8.15 Bid to be submitted by Bidders: The bid to be submitted by Bidders shall consist of the
Techno-Commercial
Commercial Bid and the Price Bid.

8.15.1 Techno-Commercial
Commercial Bid: Bidders shall have tto submit their Techno-Commercial
Commercial Bid on
the e-procurement
procurement portal of the Government of Odisha. The Techno-Commercial
Techno Bid
should consist of clear and legible scanned copies of all the required documents and
should be submitted within the Bid Due Date, as indicated in the Checklist -Annexure 6
of the Tender. The Techno
Techno-Commercial
Commercial Bid shall contain no information on the Price Bid
of the Bidder.

8.15.2 Price Bid: The Price Bid shall be submitted on the ee-tender
tender portal of the Government of
Odisha as per the price bid format in Annexure 4 and in case of any discrepancy
between the two, the unit price shall prevail.
The Price Bid should be quoted exclusive of all levies and taxes, viz. Goods and Services
Tax (GST) and any other applicable taxes and duties.

8.16 Material deviation

Page 22 of 76
8.16.1 Bids shall be liable for rejection in case of material deviation, that shall include, inter
alia, the following:

i) The Techno-Commercial
Commercial Bid or any accompanying document or Price Bid
submitted by the Bidder is not in accordance w
with
ith the formats given in this
tender document.

ii) The Techno-Commercial

Commercial Bid is not accompanied by all the documents required
to be submitted in terms of this tender document as per Clause 8.15.1

iii) It does not contain all the information (complete in all respects) as requested in
this tender document (in accordance with the formats provided in this tender
document);

iv) The Techno-Commercial

Commercial Bid is not accompanied by documentary evidence of the
credentials of the Bidder(s).

v) The Techno-Commercial
Commercial Bid or Price Bid submitted by the Bidder is conditional
or qualified.

vi) The bid submitted by the Bidder is not valid for the minimum bid validity period,
as per Clause 8.8.

vii) It is otherwise substantially/ materially in deviation of the terms and conditions

of the tenderr document.

8.16.2 OMC may waive any nonconformity in the Bid that does not constitute a material
deviation, reservation or omission. OMC may request that the Bidder submit
information or documentation, within a reasonable period of time (Refer Clause 8.19.3),
to
o rectify nonmaterial nonconformities in the Technical
Technical-Commercial
Commercial Bid related to
documentation requirements. Requesting information or documentation on such non- non
conformities shall not be related to any aspect of the Price Bid. Failure of the Bidder to
complyly with the request of OMC by the date specified therein, may result in the
rejection of its Bid. OMC, however, is not bound to waive such non non-conformity
conformity under
this Clause 8.16.2.

8.17 Bid preparation cost: The Bidder shall bear all its costs associated with or relating to the
preparation and submission of its Bid including but not limited to preparation, copying,
postage, delivery fees, expenses associated with any demonstrations or presentations
pre
which may be required by OMC or any other costs incurred in connection with or
relating to its Bid. All such costs and expenses will remain with the Bidder and OMC shall
not be liable in any manner whatsoever for the same or for any other costs or other

Page 23 of 76
 expenses incurred by a Bidder in preparation or submission of the Bid, regardless of the
conduct or outcome of the Bidding Process.

8.18 Opening of Techno-Commercial

Commercial Bids: The Techno
Techno-Commercial
Commercial Bids shall be opened as
per the schedule indicated in Schedule for the Tender.

8.19 Evaluation of Techno-Commercial

Commercial Bids:

8.19.1 The Techno-Commercial

Commercial Bids shall first be evaluated to determine whether they are
complete, whether the required documents have been submitted in the correct formats
and whether the docume
documentsnts have been properly signed by the Authorized Signatory and
whether the Techno-Commercial
Commercial Bid is generally in order. It will be determined whether
the Techno-Commercial
Commercial Bid is of acceptable quality, is generally complete and is
substantially responsive tto
o the tender documents. For purposes of this determination, a
substantially responsive Techno
Techno-Commercial
Commercial Bid is one that conforms to all the terms,
conditions and specifications of the tender documents without any material deviations
(as defined in Clause 8.16), objections, conditionalities or reservations.

8.19.2 A Techno-Commercial
Commercial Bid which is not substantially responsive, may be rejected by
OMC, and may not subsequently be made responsive by the Bidder by correction of the
material deviations, as defined in C
Clause 8.16.

8.19.3 If required, OMC may ask Bidders to provide clarifications on the uploaded documents
provided in the Techno--Commercial
Commercial Bid, if necessary, with respect to any doubts or
illegible documents. The Officer Inviting Tender may ask for any other documents of
historical
orical nature during Technical Evaluation of the tender. Non submission of legible
documents may render the bid nonresponsive. The authority inviting bid reserves the
right to accept any additional document. Such clarifications shall be submitted by the
Bidder
dder in the Upload Shortfall document sesection of the e-procurement
procurement portal or shall be
submitted through email. The Bidders shall be allowed a maximum time period of 3
(three) working days for uploading on the ee-procurement
procurement portal/ submitting the
requisite shortfall documents through email. However, no changes in the Price Bid shall
be sought, offered or permitted, nor shall the documents sought be related to the EMD.
No modification of the bid or any form of communication with OMC or submission of
any additional
ional documents, not specifically asked for by OMC wil
willl be allowed and even if
submitted, they may not be considered by OMC OMC.

8.19.4 The responsive Techno-Commercial

Commercial Bids shall then be evaluated in detail to determine
whether they fulfill the eligibility criteria (as given in Chapter 7)) and other requirements
of the tender, such as submission of all the requisite documents as listed in Clause
8.15.1.

Page 24 of 76
8.19.5 Based on the evaluation of the Techno Techno-Commercial
Commercial Bids as well as any shortfall
documents submitted by the Bidders within the timeframe allowed by OMC (Refer
Clause 8.19.3), the list of technically qualified Bidders shall be prepared.

8.20 Opening and Evaluation

on of Price Bids

8.20.1 The date and time of opening of the Price Bids shall be communicated to the technically
qualified Bidders in writing by ee-mail or registered post/Speed Post;; the Price Bids of
only technically qualified Bidders shall be opened. A compara
comparative
tive statement shall be
prepared detailing each price component in the bid and including all components of the
Price Bid, as per Clause 8.15.2.

8.21 Selected Bidder: The Bidder who submits the lowest Price Bid shall be the Selected
Bidder. The Selected Bidder shall be issued the LoA. OMC reserves the right to negotiate
the price with the Selected Bidder before issue of the LoA. The Selected Bidder shall
have to acknowledge and accept the LoA by returning a signed copy of the LoA within a
period of 15 (fifteen) days of issue thereof, along with submission of the Performance
Security, failing which the issued LoA may be cancelled and EMD of the Selected Bidder
shall be forfeited by OMC. In such a case, OMC reserves the right to approach the
technically qualified Bidder(s) who has submitted the next lowest Price Bid and ask such
Bidder(s) to match the L1 price and on acceptance of the same, issue a fresh LoA to such
Bidder and proceed with such Bidder in terms of this Clause 8.21.

8.21.1 Tie-Bidders:
In the event that 2 (two) or more technically qualified Bidders (the “Tie Bidders”) have
submitted
bmitted the lowest identical Price Bids. OMC shall hold an auction amongst such Tie
Bidders. The auction shall be held at the offices of OMC and only the Tie Bidders shall be
invited to attend the same, wherein they have to physically submit their revised Price
Bids on their letterhead (with company rubber stamp) and in sealed covers. Hence the
Authorized Signatory of the Tie Bidders are required to attend such auction. The revised
Price
ce Bid (the “Revised Price Bid”) submitted by a Tie Bidder during the auction should
be lower than Price Bid already submitted by it, else the revised Price Bid shall not be
considered by OMC for further evaluation. The Tie Bidder who offers the lowest revised
rev
Price Bid in such auction shall be declared to be Selected Bidder and the lowest revised
Price Bid received by OMC during such aauction
ction shall be the L1 price. In the event that
the Authorized Signatory of a Tie Bidder is not present during the auction or the
Authorized Signatory of such Bidder does not or is unwilling to pa participate
rticipate in such
auction, the auction would be held amongst the remaining Tie Bidders and if there be
only one remaining Tie Bidder, the latter will be declared as the Selected Bidder,
provided that the revised Price Bid submitted by such Bidder is lower than that its
earlier submitted Price Bid; in such as case the revised Price Bid submitted by such
Bidder shall be considered to be the L1 price. In case of a second round of tie between
betw

Page 25 of 76
 the revised Price Bids submitted by the Tie Bidders, the Bidder with the higher average
annual turnover (to be determined by OMC on the basis of the audited financial
statements submitted by such Bidders as part of their Techno
Techno-Commercials
Commercials Bids) in the
last 3 (three) financial years shall be declared as the Selected Bidder and the L1 price
shall be the revised Price Bid submitted by such Bidder during the auction.

8.22 Signing of Agreement: Within 15 days of receipt of the signed copy of the LoA, along
with the Performance Security, the Agreement shall be signed by the Selected Bidder,
failing which the Performance Security shall be forfeited and appropriated by OMC.
OMC In
such a case, OMC reserves the right to approach the technically qualified Bidder(s) who
has submitted the next lowest Price Bid and ask such Bidder(s) to match the L1 price and
on acceptance of the same, issue a fresh LoA to such Bidder and proceed with such
Bidder in terms of Clause 8.21. Upon signing of the Agreement, the Selected
Selecte Bidder shall
be considered to be the “Successful Bidder”. The pro pro-forma
forma of the Agreement is
provided in Annexure 2A hereof. Post signing of the Agreement, OMC shall issue Service
Order(s) to the Successful Bidder.

8.23 Performance Security: The formula for calculating the amount of the Performance
Security is indicated in the Data Sheet. The Selected Bidder shall submit the
Performance Security at the Head Office, OMC upon issue of LoA within a period of 15
(fifteen) days. Performance Securi
Security
ty shall be in the form of a Bank Guarantee from any
Nationalised/ Scheduled Bank invocable at their branch in Bhubaneswar as per the
format given in Annexure 8 or in the form of demand draft from a scheduled
commercial bank and payable in Bhubaneswar, Odi Odisha.
sha. Performance Security in the
form of BG should be operable for invocation at any Nationalised/ Scheduled bank at
Bhubaneswar.

The Performance Security shall be valid for the entire contract period. The Performance
Security shall be released within a p
period
eriod of 60 (sixty) days post completion of the scope
of services, as recommended by OMC designated officer/ key contact for this contract

Page 26 of 76
 9. Additional
dditional Instructions to Bidders
9.1 Site-visit:

9.1.1 Bidders may visit the mine within 10 days of publication of tender and apprise
themselves of the site conditions and its surroundings and obtain for itself, on its own
responsibility, all information that may be necessary for preparing their Bids. The details
of the contact person for site visit of different mining leases are detailed below.
S No Name of the Lease Name and designation Contact Number

1 Parulipada Mr. Pranab Kumar Saha, 7381647347

2 Dalki Sr. Manager(Geology)
3 Roida-78

9.1.2 Bidders shall bear their own costs and make their own arrangements required for
visiting the Site. OMC will only facilitate their visit.

9.1.3 The date of the site visit is provided in the Schedule for the Tender. The date of visit may
be finalized after discussion with the contact person of respective mines mentioned
menti in
the table mentioned in 9.1.1.

9.1.4 A maximum of 4 (four) representatives from each Bidder shall be allowed to participate
in the site visit.

Page 27 of 76
 10. Additional Information on E
E-tendering process

10.1 The e-tendering

tendering process shall be held on the ee-procurement
procurement portal of the Government
of Odisha (www.tendersodisha.gov.in).
tendersodisha.gov.in). All the steps inv
involved
olved starting from hosting of
tenders till determination of the Selected Bidder shall be conducted online on the e- e
procurement portal.

10.2 The Bidder will have to accept unconditionally the online user portal agreement which
contains the acceptance of all the terms and conditions including commercial and
general terms and conditions and other conditions, if any, along with wit on-line
undertaking in support of the authenticity of the declarations regarding the facts,
figures, information and documents furnished by the Bidder on on-line
line in order to become
an eligible Bidder. No conditional bid shall be allowed / accepted.

10.3 The Bidderder will have to give an undertaking online that if the
information/declaration/scanned documents furnished in support of the same in
respect of eligibility criteria are found to be wrong or misleading at any stage, they will
be liable to punitive action aand nd this includes forfeiture of EMD and
cancellation/termination of contract/Agreement.

10.4 The Bidder will submit their Techno

Techno-Commercial Bid and Price Bid on-line.
line. The Bidders
will have to upload a scanned copy of the Techno
Techno-Commercial
Commercial Bid in Cover-I;
Cover the Price
Bid is to be submitted in Cover
Cover-II.

10.5 Procedure for bid submission and payment of Tender Paper Fee

10.5.1 Log on to e-procurement

procurement portal: The Bidders have to log onto the ee-procurement
procurement portal
of the Government of Odisha (www.tendersodisha.gov.in) using their digital signature
certificate and then search and then select the required active tender from the "Search
Active Tender" option. Then the submit button can be clicked against the selected
tender so that it comes to tthe "My Tenders" section.

10.5.2 Uploading of the Techno

Techno-Commercial
Commercial Bid and the Price Bid: The Bidders have to upload
the required Techno-Commercial
Commercial Bid and the Price Bid, as mentioned in the tender
document and in line with the Works Department office memorandum no.7885, dated
23 July 2013.

10.5.3 Payment of Tender Paper Fee: Tender Paper Fee and EMD shall be paid using a single
banking transaction. The Bidders have to sele
select
ct and submit the bank name as available
in the payment options. A Bidder shall make electronic payment using his/her internet

Page 28 of 76
 banking enabled account with designated banks or their aggregator banks. The payment
gateways of the designated banks (State Bank of India/ ICICI Bank, HDFC Bank) are
integrated with the e-procurement
procurement portal. A Bidder having account in other banks can
make payment using NEFT/RTGS facility of designated banks. Online NEFT/RTGS
payment can be done using internet banking of the bank in which the Bidder holds his
account, by adding the account number as mentioned in the challan as an interbank
beneficiary.
Only those Bidders who successfully remit their EMD on submission of bids would be
eligible to participate on the tender/bid process. The Bidders with pending or failure
payment status shall not be able to submit their bid. Tender Inviting Authority, State
Procurement Cell, NIC and the designated Banks shall not be held responsible for such
pendency or failure.

10.5.4 Bid submission: Only after

er receipt of intimation at the ee-procurement
procurement portal regarding
successful transaction by Bidder, the system will activate the 'Freeze Bid Submission'
button to conclude the bid submission process.

10.5.5 System generated acknowledgement receipt for successful bibid

d submission: System will
generate an acknowledgement receipt for successful bid submission. The Bidder should
make a note of 'Bid ID' generated in the acknowledgement receipt for tracking their bid
status.

10.6 Clause Deleted

10.7 Price Bid: The price bid contain

containing
ing the bill of quantity will be in Excel format (or any
other format) and will be uploaded by OMC during tender creation. This will be
downloaded by the Bidder and will be used to quote the Price Bid, exclusive of all taxes
& duties etc. Thereafter, the B Bidder
idder will upload the same Excel file during bid submission
in Cover-II.
II. The L1 price will be decided for module as stipulated in the tender. The Price
Bid of the Bidders will have no conditions. The Price Bid which is incomplete and not
submitted as per the
he instructions given shall be summarily rejected by OMC without any
further reference to the Bidder.

10.8 Modification of bids: Modification of the submitted bid shall be allowed online only
before the Bid Due Date. A Bidder may modify and resubmit the bid online as many
times as he may wish. Bidder may withdraw only once its Bid online within the end date
of Bid submission.

10.9 Opening of Techno-Commercial

Commercial Bids: The Techno
Techno-Commercial
Commercial Bids shall be opened as
per the schedule given in the Schedule of Tender. The Techno Commercial bids (Cover-I)
(Cover
will be decrypted on-line
line and will be opened by the designated bid openers of OMC with

Page 29 of 76
 their Digital Signature Certificates. The Techno
Techno-Commercial
Commercial Bids shall be opened as per
the schedule, irrespective of the number of bidbidss received. Even in case of receipt of
single bid, the Techno-Commercial
Commercial Bid shall be opened for evaluation. In case no bids
are received, the tender shall be automatically cancelled with approval of the
competent authority of OMC.

10.10 Evaluation of Techno-Commercial

Commercial Bids: The Techno
Techno-Commercial
Commercial Bids shall be evaluated
in terms of Clause 8.19. If required, OMC may ask Bidders to provide clarifications on
their bid or provide shortfall documents within a period of 3 (three) working days. The
T
Bidders will get this information on their personalized dash board under “Upload
shortfall document/information” link. However, no changes in the Price Bid shall be
sought, offered or permitted, nor shall the documents sought be related to the EMD or
thee Tender Paper Fee. No modification of the bid or any form of communication with
OMC or submission of any additional documents which are not specifically asked for by
OMC, will be allowed and even if submitted, they will not be considered by OMC.
Additionally,
lly, information shall also be sent by system generated ee-mail
mail and SMS, but it
will be the Bidder’s responsibility to check the updated status/information on their
personalized dash board at least once daily after opening of bid. No separate
communication will be required in this regard. Non
Non-receipt
receipt of email and SMS will not be
accepted as a reason for non non-submission
submission of documents within prescribed time. The
Bidder shall submit the requisite clarifications and the requested documents and in the
Upload Shortfallall document section of the ee-procurement
procurement portal within the specified
period and no additional time will be allowed for submission of the clarifications/
documents. In case of any failure of the Bidder to submit the requisite documents
within the allowed timeframe,
imeframe, OMC shall proceed to evaluate its Techno-Commercial
Techno
Bid without any further reference to the Bidder.

10.11 Based on the evaluation of the Techno

Techno-Commercials
Commercials Bids, the list of technically qualified
Bidders shall be prepared and the same shall be uploa
uploaded,
ded, along with the date and time
of opening of Price bid in the portal and such Bidders shall also be informed through
system generated e-mail
mail and SMS alert. The Price Bid of such shortlisted Bidders shall be
decrypted and opened on the scheduled date and time by the designated bid openers of
OMC with their Digital Signature Certificates. The Bidders may view the price bid
opening online remotely on their personalized dashboard under the link “Bid Opening
(Live)” and can see the Price Bid /BOQ submitted by all shortlisted Bidders.

10.12 A comparative statement of the Price Bids shall be generated by the e-procurement
e
system. The same shall be downloaded and will be signed by the officers of OMC
opening the Price Bids and submitted to the competent authority of OMC for approval
and further necessary action. The comparative statement shall also be viewable to the
participating Bidders whose Price Bids were opened. In case of tie bids, the same shall
be dealt with in terms of Clause 8.21.

Page 30 of 76
10.13 Upon approval and complet
completion of the due process of OMC, the Selected Bidder shall be
issued the LoA in terms of Clause 8.21. The LoA shall be sent through registered/ speed
post to the office address of the Selected Bidder;; a scanned copy of the
Agreement/Service Order shall also be uploaded on the e-procurement
procurement portal.

Page 31 of 76
Annexure 1: General Conditions of Contract
Contract-Services
1. Definitions

In the interpretation of the Contract and the general and special conditions governing it,
unless the context otherwise requires
requires:

1.1. “Contract Price” or “Contract Value” shall mean the price payable to the Service
Provider under the Service Order / Agreement for the full and proper performance of
his contractual obligations;

1.2. “Service Order” or “Contract” or “Agreement” shall mean the Service Order /
Agreement
reement and all attached exhibits and documents referred to therein and all terms
and conditions thereof together with any subsequent modifications thereto;

1.3. "Site" shall mean the place or places named in the Service Order / Agreement or such
other place orr places at which any work has to be carried out as may be approved by the
OMC;

1.4. "Service Provider” or “Contractor” shall mean a firm or company with whom the Service
Order / Agreement is placed and shall be deemed to include the supplier in successors
(approved
proved by OMC) representatives, heirs, executors, administrators and permitted
assignee as the case may be;

1.5. "Services" means the services specified in the Service Order which the Service Provider
has agreed to supply under Service Order / Agreement;

2. Scope of Services

2.1. Scope of Services shall be as defined in the Special Conditions of Contract and Annexure
thereto.

3. Instructions, Direction & Correspondence

A) All instructions and orders to Service Provider shall, excepting what is herein
provided, be given by OMC.

B) All the work shall be carried out under the direction of and to the satisfaction of
OMC.

Page 32 of 76
 C) All communications including technical/commercial clarifications and/or
comments shall be addressed to OMC shall always bear reference to the Service
Order / Agreement.

D) Invoices for payment against Service Order / Agreement shall be addressed to

OMC.

E) The Service Order / Agreement number shall be shown on all challans / invoices,
communications, packing lists, containers and bills of lading (as applicable), etc.
e

4. Service Order / Agreement Obligations

4.1. If after award of the LoA, the Service Provider does not acknowledge the receipt of
award or fails to furnish the Performance Security within the prescribed time limit (as
the case maybe), the OMC reserves the ri
right
ght to cancel the LoA and forfeit the EMD.

4.2. Once a Service Order / Agreement is accepted and confirmed and signed, the terms and
conditions contained therein shall take precedence over the Service Provider’s bid and
all previous correspondence.

4.3. The Servicee Order/ Agreement shall, in all respects, deemed to be and shall construe
and operate as an Indian Contract in conformity with the Indian Laws.

5. Modification in Service Order / Agreement

5.1. All modifications leading to changes in the Service Order / Agreement with respect to
technical and/or commercial aspects including terms of delivery of services, shall be
considered valid only when accepted in writing by OMC by issuing amendment to the
Service
rvice Order / Agreement. Issuance of acceptance or otherwise in such cases shall not
be any ground for extension of agreed delivery date and also shall not affect the
performance of Service Order / Agreement in any manner except to the extent mutually
agreed
ed through a modification of Service Order / Agreement.

5.2. OMC shall not be bound by any printed conditions or provisions in the Service Provider’s
Bid Forms or acknowledgment of Service Order / Agreement, invoices and other
documents which purport to impose any conditions at variance with or supplemental to
Service Order / Agreement.

Page 33 of 76
6. Use of Service Order / Agreement Documents & Information

6.1. The Service Provider shall not, without OMC’s prior written consent, disclose any
approved plan, drawing, pattern, sa
sample
mple or information furnished by or on behalf of the
OMC in connection therewith, to any person other than a person employed by the
Service Provider in the performance of the Service Order / Agreement. Disclosure to any
such employed person shall be made iinn confidence and shall extend only so far as may
be necessary for purpose of such performance.

6.2. The Service Provider shall not, without OMC’s prior written consent, make use of any
document or information enumerated in Clause 6.1 except for purpose of performing
perf
the Service Order / Agreement.

7. Patent Rights, Liability & Compliance of Regulations

7.1. Service Provider hereby warrants that the use of the services delivered hereunder will
not infringe claims of any patent covering such service and Service Provider agrees to be
responsible for and to defend at his sole expense all suits and proceedings against OMC
based on any such alleged patent infringement and to pay all costs, expenses and
damages which OMC may have to pay or incur by reason of any such suit or
proceedings.

7.2. The Service Provider shall indemnify OMC against all third
third-party
party claims of infringement
of patent, trademark or industrial design rights arising from the services delivered by the
Service Provider.

7.3. Service Provider shall be responsible for compliance with all requirements under the
laws and shall protect and indemnify completely the OMC from any claims/penalties
arising out of any infringements.

8. Performance Security

8.1. The Service Provider shall furnish Performance Security as per the terms and conditions
provided in the Bid document.

8.2. The Performance Security shall be for due and faithful performance during the period of
execution of the services and is liable for forfeiture in the following cases:
 If the successful Bidder fails to undertake the work after issuance of LoA, or
 If the Service Provider abandons the work before its completion or during its
extended period, or

Page 34 of 76
  If the work performed by the Service Provider is not as per the Agreement, or
 On breach of Service Order / Agreement by th
the
e Service Provider.

8.3. The proceeds of Performance Security shall be appropriated by the OMC as

compensation for any loss resulting from the Service Provider’s failure to complete his
obligations under the Service Order / Agreement without prejudice to any of o the rights
or remedies the OMC may be entitled to as per terms and conditions of Service Order /
Agreement.

8.4. Performance Security shall be extended by the Service Provider in the event of delay in
completion of work, as defined in the Service Order / Ag Agreement
reement for any reason
whatsoever. OMC’s claim period shall remain valid for twelve months after the expiry of
the guarantee/warrantee/Defect Liability Period or till the satisfactory performance of
the objectives of the Service Order / Agreement, whicheve
whichever is later.

8.5. For the avoidance of doubt, it is hereby clarified, that the Performance Security shall not
carry any interest.

9. Delivery of Services

9.1. Delivery of the Services shall be made by the Service Provider in accordance with terms
specified in the Special Conditions of Contract.

9.2. The delivery terms are binding and essential and consequently, no delay is allowed
without the written approval of OMC. Any request concerning delay will be null and void
unless accepted by OMC.

10. Terms of Payment

10.1. Details about

bout the method of payment, payment terms, billings, place of payment, etc.
under this Service Order / Agreement shall be specified in the Special Conditions of
Contract.

10.2. All payments shall be made in INR only and shall be made directly to the bank account
accoun
of the Service Provider.

10.3. No advance shall be paid and no letter of credit shall be issued.

10.4. Payment shall be released within 30 (thirty) days after receipt of relevant documents
complete in all respects.

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10.5. No interest charges for delay in payments, if any, shall be payable by OMC.

10.6. Defective bills shall be returned to the Service Provider within 7 (seven) working days.
No payment shall be made on defective/incomplete bills.

11. Subcontracting /out-sourcing/

sourcing/ sub
sub-letting/ Assignment

11.1. The Service Provider is not allowed to subcontract, outsource, sub-let let or assign the
contract and scope of services, either partly or wholly, without the written approval of
the designated official from OMC side for the services for which such subletting is
sought. However, the O OMC
MC management reserves the full right to refuse any such
approval to the Service Provider without being bound to provide any reason or rationale
for such decision.
Provided, nevertheless, that any such consent shall not relieve the Service Provider from
any obligation, duty or responsibility under the Service Order / Agreement.

12. Cancellation of Service Order / Agreement

12.1. If the Service Provider fails to fulfil the terms and conditions of the Service Order /
Agreement which are spelt out in the Tender Docu Document,
ment, OMC shall have the right to
terminate the Service Order / Agreement and award the total or balance work (if any) to
any other Service Provider at the risk and cost of the said Service Provider after giving 30
days’ notice to the Service Provider as ttoo why the said work shall not be awarded to
another entity at his risk and cost. Further the Service Order/Agreement could be
terminated by OMC if:

i) There is a force-majeure
majeure situation,
ii) Service Provider has given false declaration or document including affidavit,
affi
iii) There is conflict of interest between OMC & Service Provider during the Service
Order / Agreement execution,
iv) The Service Provider defaults in proceeding with the work as per the milestones
and/or in complying with any of the terms and conditions, stipulated
st in the
Service Order / Agreement,
v) The Service Provider or firm or any of the partner represented by the Service
Provider, in the subject Service Order / Agreement is adjudged as Insolvent by
the concerned authority and further if the Service Provi
Provider
der has been wound up
and dissolved,
vi) The Service Provider assigns/transfers/sub
assigns/transfers/sub-lets
lets the entire work or a portion
thereof without the approval of the Competent Authority,

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 vii) The Service Provider offers to give or agrees to give gift or any other
consideration tangible or intangible, as inducement or reward for seeking or
offering benefits in the Service Order / Agreement as the case may be,
viii) A court order or an order of a competent statutory forum is received in respect
of the Service under consideration of the Service Order / Agreement.

Termination of the agreement shall not relieve the Service Provider of any obligations
which expressly or by necessary implication survives termination. Except as otherwise
provided in any provisions of the agreement expressly limiting the liability of the Service
Provider, shall not relieve the Service Provider of any obligations or liability for loss or
damage to OMC arising out of or caused by acts or omissions of the Service Provider
prior to the effective date of terminatio
termination
n or arising out of such termination. Even if
Service Order / Agreement is terminated/abandoned prematurely, OMC reserves the
right to deduct/impose penalties and shall remain indemnified, till such time all or any
such claims are suitably addressed. OMC rreserveseserves the right to appropriate the
Performance Security, as a genuine pre
pre-estimated
estimated damage suffered by OMC for the non- non
performance by the Service Provider. OMC may also impose further penalties on the
Service Provider such as holidaying/banning/blacklist
holidaying/banning/blacklisting
ing for a specific period of time. In
all such cases, the decision of OMC shall be final. This notice shall be in accordance with
Clause 12.1.

13. Right to risk for procurement / rendering of services

If the Service Provider fails to fulfill the terms and conditions of the Service Order /
Agreement, OMC shall have the right to procure the services from any other party for
the execution/ completion of the scope of services under the Service Order / Agreement
Agree
and recover from the Service Provider all charges/expenses/losses/damages which may
be suffered by OMC, at the risk and cost of the Service Provider, after giving 15 (fifteen)
days of notice to the Service Provider. This will be without prejudice to thet rights of
OMC for any other action including termination of the Service Order / Agreement.

14. Force Majeure

14.1. “Force Majeure Event” means any event or circumstances or combination of events or
circumstances which:

A) Are beyond the reasonable control of the Party affected by such event (the
Affected Party); and cannot by exercise of reasonable diligence, reasonable
precautions and reasonable alternative measures (where sufficient time to adopt
such precautions or alternative measures before the occurrence of such event or
circumstances is available), be prevented or caused to be prevented;

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 B) Materially and adversely affects such Party’s performance of its duties or
obligations or enjoyment of its rights under this Service Order / Agreement.

14.2. As soon as practicable

able and in any case within 7 (seven) days from the date of occurrence
of a Force Majeure Event or the date of knowledge thereof, the Affected Party shall
notify the other Party of the same, setting out the details of the Force Majeure Event.

14.3. If the Affected

ted Party is rendered wholly or partially incapable of performing any of its
obligations under this Service Order / Agreement because of a Force Majeure Event, it
shall be excused from performance of such obligations to the extent it is unable to
perform the
he same on account of such Force Majeure Event.

14.4. If a Force Majeure Event described above, in the reasonable judgment of the Parties, is
likely to continue beyond a period of 6 (six) months or any other period as stipulated in
the Bid document, the parties may mutually decide to terminate the Service Order /
Agreement or continue the Service Order / Agreement on mutually agreed revised
terms.

15. Dispute Resolution

15.1. Any dispute, difference or controversy of whatever nature howsoever arising under, or
out of, or in relation, to this tender or the Service Order / Agreement (including its
interpretation) between OMC and the Service Provider, and so notified in writing by
either party to the other party shall, in the first instance, be attempted to be resolved
amicably and the parties agree to use their best efforts for resolving all disputes arising
under or in respect of this tender promptly, equitably and in good faith. In the event of
any dispute between the parties, it is agreed that a discussion shall be held between the
Service Provider and OMC within 7 (seven) days from the date of reference to discuss
and attempt to amicably resolve the dispute. If such meeting doe doess not take place within
the 7 (seven) day period or the dispute is not amicably settled within 15 (fifteen) days of
the meeting, the dispute, if referred to, shall be decided by the Civil Court of competent
jurisdiction at Bhubaneswar. There shall be no ar arbitration
bitration between the Parties. The
provisions of Arbitration & Conciliation Act, 1996 as amended from time to time, shall
have no application to the present work.

15.2. Governing law and jurisdiction: This Service Order / Agreement shall be construed and
interpreted
reted in accordance with and governed by the laws of State and Central
Government in force in India. The Courts at Bhubaneswar shall have exclusive
jurisdiction over all matters arising out of or relating to this Service Order / Agreement.

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16. Governing Language

The Service Order / Agreement shall be written in English language as specified by the
OMC in the Instruction to Bidders. All literature, correspondence and other documents
pertaining to the Service Order / Agreement which are exchanged by the parties shall be
written in English language. Printed literature in other language shall only be
considered, if it is accompanied by an English translation. For the purposes of
interpretation, English translation shall govern and be binding on all parties.

17. Notices

Any notice given by one party to the other pursuant to the Service Order / Agreement
shall be sent in writing or by email. A notice shall be effective when delivered or on the
notice’s effective date, whichever is later.

18. Permits & Certificates

18.1. Service Provider shall procure, at his expense, all necessary permits, certificates and
licences required by virtue of all applicable laws, regulations, ordinances and other rules
in effect at the place where any of the work is to be performed, and Service Provider
further agrees to hold OMC harmless from liability or penalty which might be imposed
by reason of any asserted or established violation of such laws, regulations, ordinances
or other rules.

19. General

19.1. The Service Provider shall be deemed to have carefully examined all Service Order /
Agreement documents to its entire satisfaction. Any lack of information shall not in any
way relieve the Service Provider of his responsibility to fulfill his obligation under the
Service Order / Agreement documents.

19.2. The General Conditions of Contract (GCC)

(GCC)-Services
Services shall apply to the extent that they are
not superseded by provisions of other parts of the Special Conditions of Contract.

19.3. Losses due to non-compliance

compliance of Instructions

Losses or damages occurring to the OMC owing to the Service Provider’s failure to
adhere to any of the instructions given by the OMC in connection with the contract
execution shall be recoverable from the Service Provider.

19.4. Recovery of sums due:

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 All costs, damages or expenses which the OMC may have paid, for which under the
Service Order / Agreement, the Service Provider is liable, may be recovered by the OMC
(he is hereby irrevocably authorized to do so) from any money due to or becoming due
to the Service Provider under this Service Order / Agreement or other Service Orders /
Agreements and/or may be recovered by action at law or otherwise. If the same due to
the Service Provider be not sufficient to recover the recoverable amount, the Service
Provider shall pay to the OMC, on demand, the balance amount.

20. Liability and Indemnity

20.1. Service Provider shall indemnify, defend and hold OMC harmless against:

a) any and all third party claims, actions, suits or proceedings against OMC, for any
loss of or damage to property of such third party, or death or injury to such third
party, arising out of breach by the Service Provider of any of its obligations under
the Service Order / Agreement, except to the extent that any such claim, action,
suit or proceeding has arisen due to a negligent act or omis
omission,
sion, breach of the
Service Order / Agreement, or breach of statutory duty on the part of OMC, its
suppliers and Service Providers, employees, servants or agents; and

b) any and all losses, damages, costs, and expenses including legal costs, fines,
penalties and interest actually suffered or incurred by OMC from third party claims
arising by reason of breach by the Service Provider of any of its obligations under
this Service Order / Agreement, except to the extent that any such losses,
damages, cost & expens
expenses
es including legal costs, fines, penalties and interest
(together to constitute “Indemnifiable Losses”) have arisen due to negligent act or
omission breach of the Service Order / Agreement, or breach of statutory duty on
the part of OMC, its suppliers or SService
ervice Providers, employees, servants or agents
or any of the representations; and

c) to the extent of the value of free issue materials to be issued till such time the
entire Service Order / Agreement is executed and proper account for the free issue
materials
als is rendered and the left over / surplus and scrap items are returned to
OMC. The Service Provider shall not utilize OMC’s free issue materials for any job
other than the one contracted out in this case and also not indulge in any act,
commission or negligence
ligence which will cause / result in any loss/damage to the OMC
and in which case, the Service Provider shall be liable to OMC to pay compensation
to the full extent of damage / loss and undertake to pay the same.

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20.2. OMC remains indemnified (even if the Serv Service
ice Order / Agreement ends pre-maturely)
pre
towards all or any obligations due to OMC by the Service Provider and shall continue to
remain in force till such time all or any such claims are suitably addressed.

21. Publicity & Advertising

Service Provider shall not without the written permission of OMC make a reference to
OMC or any Company affiliated with OMC or to the destination or the description of
goods or services supplied under the Service Order / Agreement in any publication,
publicity or advertising med
media.

22. Blacklisting

Blacklisting of a business concern/entity or supplier may be resorted to in following

cases:-
i) If the Proprietor or Partner or Director of the business concern/entity is
convicted by a Court of Law, following prosecution under the normal process of
Law for an offence involving moral turpitude in relations to business dealings;
ii) If security consideration of the state i.e. any action that jeopardize the security
of the State.
iii) If there is justification for believing that the Proprietor or Part
Partner
ner or Director of
the Concern/entity has been guilty of malpractices such as bribery, corruption,
cheating, fraud and tender fixing etc.
iv) If the business concern/entity refuses / fails to return the OMC’s dues without
adequate cause;
v) If the business concer
concern/entity
n/entity is blacklisted by any Department of the Central
Government / State Government/Central PSU/State PSU.
vi) If the business concern/entity is a concern/entity evader of Central/ State taxes /
duties for which OMC has received notice from the concerned departmentde of
Central / State Govt.
vii) If violation of important conditions of contract/agreement.
viii) If submission of false/fabricated/forged documents for consideration of a tender

23. Insurance

23.1. The Service Provider will obtain an insurance policy covering all ris
risks,
ks, damages, loss etc.
The insurance cover in favour of employer shall be from the start date to the end of
Defect Liability Period. Insurance shall cover the following.
I. loss of or damage to the works, plant and materials
II. loss of or damage to Equipment

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 III. losss of or damage of property (except the Works, Plant, Materials and
Equipment) in connection with the Contract and
IV. personal injury or death

23.2. Policies and certificates for insurance shall be delivered by the Service Provider to the
Officer-in-Charge/Head
Charge/Head of Department or his nominee for the approval before the start
date of the Contract. All such insurances shall provide for compensation to be payable
p in
the types and proportions of currencies required to rectify the incurred loss or damage.

23.3. If the Service Provider does not provide any of the policies and certificates required,
OMC may take insurance which the Service Provider should have obtai
obtained
ned and provided
and recover the premiums from payments otherwise due to the Service Provider.

24. Statutory and Legal requirements

24.1. The Service Provider shall comply with all the statutory and legal requirements and
requirements for obtaining license under the Contract Labour (Regulation and Abolition)
Act 1970 and shall bear all necessary expenses in this regard.

24.2. The Service Provider shall abide by the applicable statutory provisions on minimum
wages, payment off wages, EPF, ESI, gratuity, retrenchment, leave and leave
encashment, health care, uniform and compensation to its employees and workmen.

24.3. The Service Provider shall not take any action in relation to handling of its personnel
which may adversely affect tthehe existing labour relations of OMC. The Service Provider
has to maintain close liaison and cordial relations with the local people and the unions.

25. Compliances to policies and standards adopted or to be adopted by OMC

25.1. The Service Provider shall abide by and ensure compliance with the following policies
and standards adopted or to be adopted by OMC:

i) Social accountability standard SA8000 standard – details available at the

website. OMC has adopted ed this certification standard. Towards this, the
th Service
Provider shall ensure that all certification requirements applicable to it are met
by it at its own costs.

25.2. ISO certification: OMC is an ISO 9001: 2000 certified organization. The Service Provider
shall ensure that all certification requirements applicable to it are met by it at its own
costs and to the satisfaction of OMC and the certifying authority.

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26. Safety

26.1. The Service Provider shall comply with all the stipulations and requirements of DGMS as
well as with other applicable laws concerning minminee safety and as applicable and relevant
to its scope of services. The Service Provider shall at all times be responsible to carry out
all operations as per the extant applicable laws. The Service Provider shall also be
responsible for complying with the st statutory
atutory obligations of the state Pollution Control
Board and other environmental and safety regulations. The Service Provider shall ensure
that its operations create no hazards or disturbance for the surrounding inhabitants and
areas.

26.2. OMC may from time to time audit the safety practices employed by the Service Provider
and the Service Provider shall comply with the recommendations/ directions made by
OMC as a result of such audit.

26.3. During the course of the contract period, if any accident occurs whether major
m or minor
in which the Service Provider or its employees are involved or are responsible, the
Service Provider shall immediately inform OMC without any delay.

26.4. The Service Provider shall indemnify OMC from any liability falling on OMC due to any
accident,
nt, whether minor or major, or by any act of commission/omission by the Service
Provider or by its representatives or by its employees. If OMC is made liable for any such
claim by the court of law or any other authority, the same shall be reimbursed to OMC
by the Service Provider as if OMC has paid on their behalf. The same shall be adjusted
from the invoices payable by OMC to the Service Provider, if not paid within a period of
30 (thirty) days of such payment being made by OMC.

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Annexure 2: Special Conditions
ditions of Contract
1. General

These Special Conditions of Contract delete, amend or add to the clauses in the General
Conditions of Contract. In the event of an inconsistency, these Special Conditions of
Contract shall supersede or take precedence over the General Conditions of Contract
Contrac to
the extent of that inconsistency
inconsistency.

2. Scope of work, service requirements including technical parameter

2.1. The Scope of work shall include

include:

a. Survey for location of drill hole points (GPS Reading) as per provided plan or as
advised by the Site Geologist/Camp In charge/ Sectional Head of Geology of
respective region (Barbil).
b. Measurement of co-ordinates,
ordinates, RL of drill holes and drawing of profiles along each
completed drill hole section by way of field survey (DGPS/ GPS/ Total station)
s
c. Drawl and processing of drill core samples as advised by the Site Geologists/ Camp-
Camp
in-charge/
charge/ Sectional Head of Geology of the Region.
d. The core drilling work will be executed under supervision and direction of Geologists
of OMC.
e. The Service Providerr has to achieve the projected quan
quantum
tum of core drilling at
different MLs of Barbil region as given in the table below.
Table 1: Core Drilling at Barbil Region of OMC, Keonjhar District, Odisha
Total quantity
Lease Meterage (in m)

Parulipada 9700

Dalki 5900 19700

Roida-78 4100
— The contract target may be increased up to 20% of the awarded work based on satisfactory
performance of agency and on discretion of OMC on same price, terms & conditions. In case
of increase in drilling quantum beyond 120% of the awarded contract, t, OMC may negotiate
with the agency.
— Necessary Clearances shall be obtained by OMC before start of drilling operation by agency.

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2.2. Specification

The core drilling work shall be taken up by the agency as per the following specifications:

i. Size of hole/core: The holes shall be drilled in HQ/HX, NQ/NX or BQ / BX sizes.

ii. Inclination of hole: The bore holes shall be vertical
iii. Depth of hole: The depth of bore hole may vary from 50 to 200 meter (may be less
or more at times). Depth of closure of each bore hole shall be advised/decided by
the concerned Site Geologist/ Camp
Camp-in-charge
charge or if required by the Sectional Head of
Geology of the Region.
iv. Recovery of core: Recovery of core should be minimum 90% in ore zone and 70% in
other non-ore
ore zones. In a zone, run wise core recovery percentage is to be
maintained in a register on daily basis by the site representatives of the agency & to
be counter signed
gned by the site geologist. Zone wise core recovery will be certified by
the concerned site Geologists/Camp
Geologists/Camp-in-charge.
v. Type of Drilling: Dry/Wet drilling using triple tube core barrel with appropriate
drilling mud/polymer is preferred. Wet drilling by double le tube core barrel or dry
drilling is also acceptable provided the core recovery satisfies the norms as at clause-
clause
IV and without affecting the physical & chemical nature of drill core.
vi. Preservation of Core: Core drill cuttings recovered as per run shall be
b preserved in
UPV Core boxes with proper labeling of depth/length of core and handed over by
the agency to the Site Geologist / Camp In charge. The core boxes are to be supplied
by the agency. The core boxes should be of appropriate size (Length: 1.20 Mtr) with
suitable size partition/cabinets
rtition/cabinets to accommodate different size of core recovered
(HQ/HX, NQ/NX, BQ/BX) and preserved in original shape without breaking/
alteration.
vii. Sampling: The agency shall draw samples from the core and process it for analysis as
per standard procedu
procedure
re under the guidance of the Site Geologist. Each sample shall
be reduced to an appropriate quantity by following the standard sampling
procedures such as homogenizing, coning, quartering and pulverizing into 100/200
mesh and prepared into four packets of 50gm each. The final sample packets shall
be properly labeled with BH Number, sample run and handed over to the concerned
site geologist/camp in
in-charge.
a. The agency has to establish a mechanized sample preparation unit in the space
provided to the agency at Seremda prospecting Camp, immediately to cope up
the urgency of the work.
b. Power supply as available will be provided by OMC.

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viii. Bore hole pillaring:: Each completed drill hole shall be marked with a concrete pillar
of minimum size 9”x9”x18” (L x B x H ) indic
indicating
ating the bore hole number, location,
coordinates and RL, under the guidance of the site geologist/camp in-charge.(By
in
DGPS, Total station survey)
ix. Plans and Sections: The agency shall submit both hard and soft copies of completed
drill hole sections showing the ground profile and location of bore holes along the
section in 1:1000 scale on auto CAD software to the concerned site Geologist/ camp
in-charge
charge from time to time as per requirement and advice of site Geologist/
Regional Head of Geology.
x. The drilling and the ancillary work, as per specification above, will be executed under
the supervision and direction of the Site Geologist / Camp In In-charge/
charge/ Head of
Geology of respective region. Data confidentiality is of prime importance in OMC.
The agency should havhave
e to sign confidentiality agreement before commencing the
work to ensure that no data should be leaked out to any person outside the
organization. Data within the company should be provided to Site Geologist / Camp
In-charge/
charge/ Head of Geology of respective region.
xi. Apart from the drilled cores and samples as mentioned, the following reports shall
be submitted by the agency
a. Month wise execution plan: The agency has to submit month wise plan of
execution for the given job within the specified time frame and the same shall be
adhered to. The drilling performance will be critically reviewed monthly at
respective Camp Office/Regional office.
b. Daily rig wise drilling report: The agency shall submit a daily drilling progress
report to the Site Geologist / Camp In
In- charge.
rge. The report should encompass the
number of running hours, details of idle hours and the reason for idleness of the
machine (Setup/ Pull Down, Survey Multi Shot, Run/Pull Casing/Rods,
Cementing, Reduce Hole Size, Retrieve Casing, Mixing/Conditioning Hole, Hol
Standby, Bogged/Fishing, Wedging/PMDD, Reaming Time, etc.)
c. Driller’s Logbook: The agency should maintain the driller’s logbook register at
the drill site which can be accessed by the site geologist as and when required.
The driller’s logbook should cont
contain the following:
a. Information about Hard and soft strata encountered during drilling
b. Water loss/More water used if any
c. Bore hole deviation result, with date, time and depth
d. Run wise Core recovery
e. Fracture zone encountered, if any,
f. Change of drill bit, if any,
g. Break down time, if any

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 h. Actual running hours of the drill rig
i. Cementing done, if any,
j. Driller’s comment about the strata
k. Each run of drilling should be written in the register showing the
difficulties/achievement in course of drilling
drilling.
Note:
Depending upon the field conditions, OMC Limited reserves the right of changing the
technical parameters including depth of drilling and specifications.

2.3. Other Terms and Conditions:

i. It shall be the agency’s responsibility to set up the camp for providing necessary
accommodation to its drilling personnel nearest to the drilling site at respective
mining leases. Management of the camp affairs and providing logistic support
including supply
ply of water to the drilling personnel at camp shall be the
responsibility of the agency.
ii. Preparation of approach road for mobilization of men and machinery to the
drilling site and other required materials shall be the responsibility of the agency.
iii. The agency
ency has to take up the drilling work as per the direction of the Geologist,
Koira Regional Office/Camp In In-charge/
charge/ Mines Manager or Sectional Head of
Geology of respective regions.
iv. The site in-charge
charge of the agency shall submit the daily, weekly and monthly
progress report of the drilling work to the Sectional Head of Geology of the
region, duly certified by Site Geologist/Camp InIn-charge.
charge. A copy of monthly
progress report must be forwarded to General Manager (Geo) /Head of Geology,
HO within first week of susucceeding
cceeding month by the agency, duly certified by
Sectional Head of Geology of the concerned Region.
v. The drilling should be undertaken as per the LOI/work order issued &
specifications given in this tender schedule. Any deviation to the same will lead
to termination/cancellation
mination/cancellation of the contract. However, depending upon the field
conditions, OMC Limited reserves the right of changing the technical parameters
in case of requirement.
vi. In case the agency fails to achieve the desired specification or abandons a hole
before the required depth, another hole adjacent to the incomplete hole would
be taken up by the agency as directed by the site geologist/camp in-charge
in and
no cost for the incomplete hole shall be paid by OMC.
vii. The core should be collected the drill ccore
ore with utmost care at the time of drilling
and shall be preserved in properly partitioned G.I. core boxes (to be supplied by

Page 47 of 76
 agency) with necessary labelling of the runs/depth under the direction of the site
geologist/camp in
in-charge. Details of the bore hole, box number, length of core
etc. are to be written on the outer and inner side of the core boxes. The core
boxes are to be delivered to the respective site geologist/camp in-charge
in at the
respective Prospecting Camp.
viii. Necessary survey work required for locating the bore holes on the ground,
measurement of the co co-ordinates,
ordinates, RL of the completed holes and profile of each
drill section etc. shall be done by the agency as per the plan/ advice of the site
geologist/ camp inin-charge.
ix. A register is to be maintai
maintained at drilling site (rig-wise)
wise) on daily basis to record
bore hole wise / run
run-wise
wise drilling logs, indicating the size of core barrel/casing
used, the percentage of core recovered and the process of core drilling (dry/wet
in D.T. or T.T. method etc.) for co
convenience
nvenience of supervision and preparation of
summarized log with above data (bore hole wise). Summarized logs in respect of
completed bore holes with abstract of above data must be submitted to Camp In
charge and Sectional Head of Geology along with the monmonthly
thly bill of the agency.
x. The Agency shall alone be responsible for payment of wages/salary including
VDA not less than minimum wages as notified and fixed by the officer of the
Chief Labour Commissioner (C), Ministry of Labour and Employment
Government of India from time to time and statutory dues as fixed under the
relevant statutes pertaining to the workers engaged by him.
xi. All the payments to the workers shall be made through bank only.
xii. The Agency shall provide First
First-Aid facilities at the workplace.
xiii. The Agency
gency shall provide initial training on safety for the worker’s deployed as
required under provisions of the Mines vocational training rules and subsequent
D.G.M.S circular.
xiv. The Agency at his cost shall arrange for initial and periodically medical
examination
ion of his employees from the time to time in time bound manner as
prescribed under mines rule 1955 and subsequent D.G.M.S circular. However, in
case the Agency does not do the same OMC Ltd. may do the same on behalf of
the Agency and the entire cost so bo
borne
rne shall be deducted from the payable of
the Agency.
xv. The agency will observe and submit necessary statutory returns as applicable
under Mines Act, 1952; EPF Act, 1952; C. L. (R&A) Act, 1971; MMDR Act, 1957,
MC Rules, 1960; MCDR, 1988; Forest Act, 1980; En Environment
vironment Protection Act,
1986; other Act, rules, statutory & legal orders applicable from time to time
during the work period. This has to be also reported to the site Geologist/Mines
Manger/Regional Manager of Daitari.

Page 48 of 76
 xvi. The agency shall be liable for paym
payment
ent of compensation to workers under
workmen’s compensation Act, 1923. Any payment if made by OMC, shall be
reimbursed if not, deducted by OMC from the agencies due.
xvii. The Agency is required to obtain a Labour License from the appropriate authority
for the persons
ersons to be deployed as provided under the prevailing Contract Labour
(R&A) Act

3. Contract period

3.1. The contract time period shall be of 9 months from the effective date of the contract.

3.2. ML wise work order/ LOA shall be issued to the selected LL-1 agency as given in the table
at clause No. 2.5 above. The OMC management reserves the right to undertake
evaluation of the progress of work at any point of the contract period.

3.3. At any point of time, OMC may rescind the awarded work without any risk and
responsibility
ty in case it is observed that work performance is poor or not in the interest
of OMC.

3.4. In case of earlier completion of awarded work target, the service provider may request
in writing to OMC for a greater quantity of core drilling, limited to 120% of the awarded
target of contractual period, at the existing rate, terms and conditions, to be decided at
OMC option. Any quantity beyond 120% in the contract period, negotiation of price shall
be required.

3.5. During the contract period, on receipt of required forest clearances of any adjacent
leases of Barbil Region the agency has to accept the additional core drilling contract of
those leases at the same rate terms & conditions of this tender.

3.6. Work will be started

rted immediately in the Dalki & Parlipada & shall continue under
Form-C
C approval in Roida
Roida-78 ML.

3.7. In case
ase of any delay in completion of work due to any unseen reason attributed to OMC,
the contract period shall be extended for completion of work with same price, terms &
conditions of the contract.

4. Co-ordination of Work

4.1. The Manager (Geo.) of Seremda camp, Barbil Region and under the direction/ guidance
of Camp Officer (Seremda Prospecting camp) will co-ordinate
ordinate the work. It is the
responsibility of the Service Provider to plan & execute the work strictly in accordance

Page 49 of 76
 with the instruction of Sr. Manager (Geo.), C
Camp
amp officer, Seremda prospecting camp of
Barbil Region.

4.2. The Service Provider shall nomi

nominate
nate the site representative who shall be responsible for
the execution of the work and act as per the instructions of the representative/
authority of OMC.

5. Payment terms:

5.1. The place of payment shall be the Head Office, Bhubaneswar of OMC.

5.2. The service provider shall submit the bill in triplicate (3 copies) towards the work
undertaken for a month along with applicable GST to the concerned Certifying Authority
(The site Geologist), Along with the below mentioned documents duly stamped and
signed by the authorized
thorized signatory of the Service Provider. The invoice must contain the
name, address, and GST Registration no. of the service provider.

a. Attendance record of the employees for the relevant month – duly authenticated by
certifying authority of OMC as a mar
markk of acceptance and verification.
b. The wages sheet of the employees for the relevant month.
c. Bank statement for crediting the net wages amount to the individual bank account
of the employees – duly certified by the concerned Bank.
d. PF Deposit Challan & ECR co
copy
py of the month preceding the relevant month.
e. Challan & ESI deposit (if applicable) of the month preceding the relevant month.
f. GST deposit challan of the month preceding the relevant month.
g. Any other documents required by the statutory authorities (Welfare/Personnel &
Finance) of Mines / Regional Office, Barbil.
h. And any other statutory deduction if so, will be submitted for the preceding month
with the invoice.
5.3. The concerned site geologist wi with
th due certification shall recommend the bill to the
concerned Camp officer, Seremda prospecting Camp, Barbil Region. Camp Officer shall
verify & certify the bill and forward the same to the Regional Manager, Barbil for
certification by the Regional Head (Personnel), OMC that the Service Provider has
complied with all the statutory or obligatory or both provisions/benefits of the
personnel deployed by the Service Provider. Monthly payments will be released on the
joint certification of certifying authority (Camp Officer, Seremda Camp & Regional Head
(Personnel)).

5.4. At the Regional Office, the Regional Manager shall endorse the bill to the Head
(Personnel), who shall scrutinize the bill for statutory compliances including EPF challan,
monthly bill etc. and forward
ward the bill to the Regional Manager within a week.

Page 50 of 76
5.5. In case of any deficiencies or clarification wanted in respect of the bill, it should be
pointed out for compliance in writing and the service provider should be advised to
comply the same. The Regional Manager will endorse the bill to the G.M. (Geology), for
processing towards release of payment.

5.6. Income tax and other statutory deductions as applicable shall be deducted from each
running bill and the same will be deposited with the Government authorities by OMC
Ltd. as required under law

6. Service Provider’s method of work

The service provider shall give full information in advance as to its plans for carrying out
each part of the work to the Manager (Geo.), Sr. Manager ((Geo.), Seremda prospecting
camp. At anyny time before the commencement or during the progress of work, if it
appears to the OMC that the organization of the service provider is insufficient/
inadequate to deliver the progress/ quality of work as required, the OMC may order the
service provider to change or improve progress of work, facilities methods or
organization and the service provider shall promptly comply with such orders but
compliance with such orders shall not relieve the service provider of its obligations to
secure the degree of safe
safety,
ty, the quality of work and the quantity and the rate of
progress required under the contract.

7. Price Revision

No price revision: there shall be no price or rate revision throughout the contract period
and/or till completion of 120% of total dri
drilling target.

8. Taxes & Duties

8.1. Indirect Taxes

A) The Service Provider agrees to and, hereby accepts full and exclusive liability for
payment of any and all taxes, duties, charges and levies as per the Applicable
Laws as applicable
icable for the Scope of Supply in accordance with the provisions of
this Service Order / Agreement. IIn n case it is increased or decreased under any
statute, rules, regulations, notifications, etc. of any Authority, the impact shall be
to the account of OMC subject to submission of documentary evidence to the
satisfaction of OMC.

B) In case any fresh tax is imposed by any Authority under any Applicable Law
during the Contract Period, the Service Provider shall deposit the same to the
appropriate Authority which shall be reimbursed by OMC on actuals and upon
submission of documents evidencing such payment.

Page 51 of 76
C) Obligations
bligations relating to Goods and Services Tax (GST)

i) The Service Provider should have registration under GST Acts

ii) The Service Provider has to raise Invoice as required under section 31 of
the GST Act and relevant Rules made there under.
iii) The Invoice should contain the following particulars as required under
Rule 46 of CGST Rules;
a. Name, address and Goods and Services Tax Identification Number
of the Supplier;
b. A consecutive serial number not exceeding sixteen characters, in
one or multiple series, containing alphabets or numerals or
special characters
characters- hyphen or dash and slash symbolised as “-” “
and “/” respectively, and any combination thereof, unique for a
financial year;
c. Date of its issue;
d. Name, address and Goods and Services Tax Identification Number
or Uni
Unique
que Identity Number, if registered, of the recipient;
e. Harmonised System of Nomenclature code for goods or SAC code
for services;
f. Description of goods or services;
g. Quantity in case of goods and unit or Unique Quantity Code
thereof;
h. Total value of supply of goods or services or both;
i. Taxable value of the supply of goods or services or both taking
into account discount or abatement, if any;
j. Rate of tax (Central tax, State tax, integrated tax, Union territory
tax or Cess);
k. Amount of tax charged in respect of ta taxable
xable goods or services
(Central tax, State tax, integrated tax, Union territory tax or Cess);
l. Place of supply along with the name of the State, in the case of a
supply in the course of Inter
Inter-State
State Trade or Commerce;
m. Address of delivery where the same is d different
ifferent from the place of
supply;
n. Whether the tax is payable on reverse charge basis; and
o. Signature or digital signature of the supplier or his authorised
representative.
iv) The Service Provider should file the GST Returns as required in the GST

Page 52 of 76
 Acts, and details of Invoice submitted to OMC and GST amount charged
thereon should reflect in Form GSTR GSTR-2A
2A within a reasonable time, so as
to make OMC enable to take Input Tax Credit (ITC) of the GST amount
paid against those invoices.
v) If due to any reason attribut
attributable
able to the Service Provider, Input credit of
the GST amount paid on Invoices raised by the Service Provider is not
available to OMC/denied by the dept. then the same will be recovered
from the payments of the Service Provider or the Service Provider has to t
deposit an equivalent amount.
vi) The Service Provider has to comply with all the Provisions of GST Acts,
Rules and Notifications issued there under.
vii) The Service Provider will comply with the "Anti profiteering Measure" as
required under Section 171 of the C CGST Act.
viii) The Service Provider hereby undertakes to indemnify OMC, from any
liabilities arising in future due to noncompliance by the Service Provider
of the GST Acts, Rules and any other Acts currently in force and
applicable to the Service Provider in rel relation
ation to the job assigned to the
Service Provider by OMC.

8.2. Direct Taxes

TDS as applicable shall be deducted under Income Tax Act, 1961 and certificate of
deduction shall be provided by OMC to the Service Provider in accordance with the
provisions of Incomee Tax Act, 1961.

9. Liquidated Damages

9.1. If the Service Provider fails to deliver the services within the delivery period and any
extension thereof, unless such failure is due to force majeure situation or due to OMC’s
default, liquidated damages (LD) shall be imposed by OMC on the Service Provider.
Provid
However, imposition of LD shall be without prejudice to the other remedies available to
OMC under the terms of the Service Order / Agreement.

9.2. Liquidated Damages shall be calculated in the following manner

# Timeline Target to be achieved (In %)

1 1st Quarter 20% of the awarded target.
(Month 1 to Month 3)

Page 53 of 76
 2 2nd Quarter 40%
0% of the awarded target.
(Month 4 to Month 6)
3 3rd Quarter 40% of the awarded target.
(Month 7 to Month 9)

If the agency fails to achieve the target as prescribed above, retention amount at 2%
(two per cent) of the Basic Rate per meter (excluding taxes) shall be withheld in respect
of the shortfall quantity (in Mts.) not achieved in the said quarter
quarter.

If the agency fails to achieve the shortfall quantity by the end of the Contract Period,
then the withheld amount shall be deducted as part of Liquidated Damages from their
payables. GST on LD shall be recovered in addition to the LD amount.

9.3. The delivery period

eriod shall start from the date of acceptance of the Service Order /
Agreement or seven days from the date of issue of Service Order / Agreement,
whichever is earlier.

9.4. OMC shall have full liberty to realise the LD through the following ways
ways:

a. Appropriation of the Performance Security; OR

b. Appropriation the of EMD (in case provision of Performance Security does not exist);
OR
c. Reduction of the invoice/document value and release of the payment accordingly

9.5. Any waiver of LD shall be at the sole option of OMC onl

onlyy and any extension must be in
writing and with the approval of the competent authority of OMC.

9.6. If at any time during the Service Order / Agreement, the Service Provider encounters
conditions that may impact the timely performance of services, the Service Provider
shall promptly notify to OMC in writing of the fact of the delay, it’s likely duration and its
cause(s). As soon as practicable after receipt of the Service Provider’s notice, the OMC
shall evaluate the situation and may at its discretion waive th
the
e LD on the request of the
Service Provider at Head Office level.

10. Designated nodal officer and key contacts of OMC

1. Sri Suman Krishna Sit
Sit, General Manager (Geo.) Mob No. 7763807475

11. Limitation of Liability

Notwithstanding anything contrary contained herein, the aggregate total liability of

Service Provider under the Service Order / Agreement or otherwise shall be limited to

Page 54 of 76
 100% of Service Order / Agreement price. However, neither party shall be liable to the
th
other party for any indirect and consequential damages, loss of profits or loss of
production.

12. Compliances to policies and standards adopted or to be adopted by OMC

The Service Provider shall abide by and ensure compliance with the following policies
and
nd standards adopted or to be adopted by OMC:

i) Integrated Management System (IMS) policy of OMC – as available on the

website of OMC and as may be updated by OMC from time to time
ii) Sustainable Development Framework (SDF) – The Ministry for Mines,
Government of India has implemented a “Star Rating” system for mining leases
to promote sustainable development practices, which includes addressing the
social impact of resettlement and rehabilitation and key information’s of the
mining activity including mines basbasic
ic information’s environmental safe guard
measures, CSR activities as a whole.
A star rating program is the implementation to be given to mining leases for the
efforts and initiatives taken for implementation of the SDF. In order to
implement its performa
performance
nce with respect to the SDF on environmental, social and
operational aspects, OMC has constituted a Sustainable Development Unit
(SDU). In this context, the Service Provider shall adhere to implement at its own
costs all aspects, requirements and directive
directivess of the SDF and SDU as may be
applicable to the Service Provider.

13. Obligations of OMC

OMC shall be responsible for providing the below mentioned facilities
a. Access to the site and suitable arrangement for conducting the tests at site
b. Provision of safety and security at mine premises and accommodation if requested
subject to availability and on chargeable basis at existing rates.
c. OMC shall provide engineering support by supervision during testing program. It will
ensure that proper prac
practice
tice and procedures are following during conduct of the test.
d. Provide principal employer certificate to the Service Provider if necessary, for
obtaining Labour License
e. The format for providing daily as well as weekly progress report of the drilling work
along
ong with the logging report shall be provided by the Site Geologist/Camp In- In
charge.
f. The camp in-charge
charge /Site Geologist shall provide the reference point coordinates
and Reduced Level for fixation of bor
boreholes in the field

Page 55 of 76
14. Obligation of the Service Provider
The Service Provider shall provide inter
inter-alia the below facilities
a. Provide all safety equipment to the workers and take necessary measures for safety.
b. Provide necessary medical facilities to its workers and provide drinking water at its
own cost.
c. The agency shall report immediately to the Mines Manager/ Site Geologist / Camp
In-charge
charge in case of any major or minor accident to his worker or staff
d. The agency will make all necessary arrangements for commencement and carrying
out of the drilling work by it
itss own resources in accordance to the specifications,
terms and conditions indicated herein
e. As and when required, the agency has to assist OMC to liaise with the forest and
other officials including ha
handling
ndling of local problem if any for uninterrupted/ smooth
execution of core drilling work
f. Concrete pillars are to be constructed on the completed holes and details will be
written on the concrete pillar indicating the drill hole number, location coordinates
and RL under the guidance of the Site Geologist/Camp In In-charge.

Page 56 of 76
Annexure
nnexure 2A: Proforma of the Agreement to be signed between OMC and the
Service Provider
Ref: [•]

This Agreement (hereinafter called the “Agreement”) is made on this [•] day of the month of
[month], [year].

BETWEEN

Odisha Mining Corporation Limited, an undertaking of the Government of Odisha and having its
head office at OMC House, Bhubaneswar
Bhubaneswar-751001
751001 (hereinafter referred to as “OMC”, which
expression shall, unless
nless repugnant to or inconsistent with the context, mean and include
in its
successors and assigns) of the first part.

AND

M/s. [•], a company incorporated under the provisions of the Companies Act, 1956/2013 or a
registered partnership firm under the pro
provisions
visions of the Indian Partnership Act, 1932 or a LLP
firm registered under LLP Act, 2008 and having its registered office at [•] (hereinafter referred
to as the “Service Provider” which expression shall unless repugnant to or inconsistent with the
context, mean and include its successors and assigns) of the other part.

WHEREAS
i) the Service Provider, in the ordinary course of its business, is engaged in providing [•]
services to its clients, and have represented to OMC through their bid(s), against Bid
document
cument No. [•] dated [•] (hereinafter called the “Tender”) for the Procurement of
Services - [•] (through e-tendering);
tendering);

ii) on the basis of the said Tender, OMC has adjudged the Service Provider as a successful
Bidder and issued Letter of Award (LoA) No. [•] dated [•] for the same;

iii) the Service Provider has agreed through their letter of acknowledgement vide letter No.
[•] dated [•] to perform and undertake the scope of work as described in the Tender;

iv) the Service Provider is being engaged to provide the required services on the terms and
conditions set forth in this Agreement;

NOW THEREFORE THE PARTIES hereby agree as follows:

1. The mutual rights and obligations of the Service Provider and OMC shall be as set forth
in this Agreement, in particular:

Page 57 of 76
 (a) The Service Provider shall provide out the services in accordance with the
provisions of this Agreement; and

(b) OMC shall make payments to the Service Provider in accordance with the
provisions of this
is Agreement.

1. Conditions of Contract

(a) Contract Period: <include relevant clauses from SCC>

(b) Payment Terms: <include details related to the final quoted /negotiated prices>

(c) <Other important terms and conditions may be included>

(d) The Agreement shall be governed by the laws of India and the courts of
Bhubaneswar shall have exclusive jurisdiction over all disputes arising under,
pursuant to and/or in connection with this Agreement

(e) This Agreement has been executed in English, which shall be the binding and
controlling language for all matters relating to the meaning or interpretation of
this Agreement

(f) All the terms and conditions as per the Bid document No. [•] dated [•] (including
the General Conditions of Contract and Special Conditions of Contract) shall
shal be
applicable for this Agreement

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective authorized representatives on the day and year first before written.

For and on behalf of Odisha Mining For and on behalf of M/s.

Corporation

(Authorized Representative) (Authorized Signatory)

Name: Name:
Designation: Designation:
Odisha Mining Corporation Name of the Service Provider:
OMC House, Bhubaneswar-751001
751001 Address:

In presence of the following witnesses

Name: Name:
Designation: Designation:
Odisha Mining Corporation Name of the Service Provider:

Page 58 of 76
OMC House, Bhubaneswar-751001
751001 Address:

Page 59 of 76
Annexure 3: Format for Power of Attorney

(to be executed on INR 100 non judicial stamp paper and to be duly notarized)
Known all men by these presents, we…………………………………………….. (name of the firm and
address of the registered office) do hereby irrevocably constitute, nominate, appoint and
authorize Mr./ Ms. (name), …………………… son/daughter/wife of ……………………………… and
presently residing at …………………., who is presently employed with us and holding the position
of ……………………………. , as our true and lawful attorney (hereinafter referred to as the
“Attorney”) to do in ourr 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 tender against the
Bid document no. [•] dated [•] published by Odisha Mining Corporation Limited for the
“Procurement of Services – [•]”, including but not limited to signing and submission of all
applications, bids and other documents and writings,

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 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 Witnesses

………………………………………………………………….. 1.
(Signature, name, designation and address)

2.
Accepted

(Signature)
(Name, Title and Address of the Attorney)

Page 60 of 76
Annexure 4: Price Bid Format
# Item SAC Quantity of Units Basic Rate Total Total
Description Code Core per Mtr in Amount Amount
Drilling figures to be without in Words
entered by Taxes
the Bidder in
Rs P
1 Diamond Core Enter 19700 Mtr.
Drilling in SAC
Parulipada, Dalki Code
& Roida -78

Signature of the Bidder with seal

Page 61 of 76
Annexure 5: Declaration by the Bidder

(to be executed on INR 100 non judicial stamp paper and to be duly notarized)

Date:______________
Sub: Tender No. ______________________

In response to the Tender Document above stated, I/We hereby declare and solemnly swear
that our Company/y/ firm ___________________ is not banned/blacklisted as on date by any
competent court of Law, forum or any State Government or Central Government or their
agencies or by any statutory entities or any PSUs.
AND, if at any stage the declaration/statement o onn oath is found to be false in part or otherwise,
then without prejudice to any other action that may be taken, I/We, hereby agree to be treated
as a disqualified Bidder forr the ongoing Contract.
In addition to the disqualification our concern/entity may b
bee banned/blacklisted.
AND, that I/We, shall have no right whatsoever, to claim for consideration of my/our bid at any
stage and the money deposited in the form of EMD shall be liable for forfeiture in full, and the
tender, if any to the extent accepted may be cancelled.

Signature of the Deponent

(Authorized signatory of the Bidder with Seal)

Date:
Place:

Page 62 of 76
Annexure 6: Check-list
list for the Techno
Techno-Commercial Bid
(to be enclosed with the Techno
Techno-Commercial Bid)
1. Name of the Bidder,, Postal address & Registered Office:
2. Type of organization:
3. Contact name & designation of the Authorized Signatory of the Bidder & contact
number:
4. Official email, phone, fax:
5. Official website:
Sl. No. Qualification Requirement Complied Documents
1 Bidder’s Experience – Documents in support of
meeting Technical Criteria and Financial Criteria
(Refer Chapter 7)
2 Incorporation related documents
3 Proof of payment of Tender Paper Fee
4 Proof of payment of EMD/ documents related
related- to
exemption from the same
5 Power of Attorney - Annexure 3
6 Declaration by the Bidder - Annexure 5
7 Signed copy of check list with seal - Annexure 6
8 Bank details – Annexure 7
9 Indemnity Bond - Annexure 9
10 Rate of GST – Annexure 10
11 Details of Equipments & Accessories proposed to
be deployed – Annexure 111
12 SA 8000 Compliance – Annexure 12
13 Others

Date Signature of the Authorized Signatory

ignatory of the Bidder with Seal

Page 63 of 76
Annexure 7: Mandate Form - on the letterhead of the Bidder

To

Odisha Mining Corporation Limited

OMC House, Post Box No. – 34, Unit 5, Bhubaneswar

Odisha – 751001

Sub: Mandate for payment through electronic mode i.e. EFT/NEFT/RTGS

Dear Sir,

We are hereby giving our consent to get all our payments due from Odisha Mining Corporation Ltd.
through electronic mode i.e. EFT/NEFT/RTGS. We also agree to bear all the bank charges payable in this
regard.

(Please furnish the information in capital letter)

2. Name of the Bidder

3. Address of the Bidder

PIN Code

IT PAN

e-mail ld Mobile No

Phone FAX No

4. Bank Particulars

Bank Name

Branch Name

Branch Place

Account No.

Account Type Saving/Current/Cash Credit Branch State

RTGS Enable Yes/No NEFT Enabled Yes/No Core-Bank

Bank Enabled * Yes/No

Branch Code MICR Code IFSC Code

* In case of Bidders having Bank account in Andhra Bank

5. Effective Date

Page 64 of 76
We hereby declare that the particulars furnished are correct & complete. If any transaction is delayed or
not effected for incomplete/incorrect information/any other technical reasons, we will not hold the
OMC Ltd. responsible.

Date Signature of the Authorized Signatory of the Bidder with Seal

Certified that the Bank particulars furnished are correct as per our record.

Date: Signature of the Bank with seal

Page 65 of 76
Annexure 8: Format for Performance Security
BG should be obtained from Nationalised/ Scheduled Bank and should be operable and
invokable at its Branch in Bhubaneswar
(To be executed on INR 100/
100/- non-judicial stamp paper)
B.G. No. Dated:
WHEREAS:
(A) ………………….. (“AGENCY”) and Odisha Mining Corporation having its office at OMC
House, Bhubaneswar – 751 001 ("OMC") has issued a Letter of Award (LoA) dated
…………….. (the "LoA") whereby OMC has agreed to engage the Agency for
………………………………………………………………………………………………………………. (the
“agreement”).
(B) The LOA requires the AGENCY to furnish Performance Security to OMC of a sum of INR
________/- (the "Guarantee Amount") as security for due and faithful performance of
its obligations, under and in accordance with the AGREEMENT, for a period of ______
(the “Guarantee Period”).
(C) We, ………………………. through our branch at ……………………..(Bhubaneswar) (the "Bank")
have agreed to furnish this bank guarantee ("Bank Guarantee") as Performance
Perfor Security.
NOW, THEREFORE, the Bank hereby, unconditionally and irrevocably, guarantees and
affirms as follows:

1. The Bank hereby, unconditionally and irrevocably, guarantees and undertakes to

pay to OMC upon occurrence of any failure or default in due du and faithful
performance of all or any of the AGENCY’s obligations, under and in accordance
with the provisions of the agreement, on its mere first written demand, and
without any demur, reservation, recourse, contest or protest, and without any
reference
ce to the Agency, such sum or sums up to an aggregate sum of the
Guarantee Amount as OMC shall claim, without OMC being required to prove or
to show grounds or reasons for its demand and/ or for the sum specified therein.

2. A letter from OMC that the AGENCAGENCYY has committed default in the due and
faithful performance of all or any of its obligations under and in accordance with
the agreement shall be conclusive, final and binding on the Bank. The Bank
further agrees that OMC shall be the sole judge as to wheth
whether
er the AGENCY is in
default in due and faithful performance of its obligations under the agreement
and its decision that the Agency is in default shall be final, and binding on the
Bank, notwithstanding any difference between OMC and the Agency, or any
dispute
pute between them pending before any court, tribunal, arbitrator or any

Page 66 of 76
 other judicial or quasi
quasi-judicial
judicial body or by the discharge of the Agency for any
reason whatsoever.

3. In order to give effect to this Bank Guarantee, OMC shall be entitled to act as if
the Bank were the principal debtor and any change in the constitution of the
Agency and/ or the Bank, whether by their absorption with any other body or
corporation or otherwise, shall not in any way or manner affect the liability or
obligation of the Bank under this Bank Guarantee.

4. It shall not be necessary, and the Bank hereby waives any necessity, for OMC to
proceed against the Agency before presenting to the Bank its demand under this
Bank Guarantee.

5. OMC shall have the liberty, without affecting in any manner the liability of the
Bank under this Bank Guarantee, to vary at any time, the terms and conditions of
the agreement or to extend the time or period for the compliance with,
fulfilment and/ or perf
performance
ormance of all or any of the obligations of the AGENCY
contained in the agreement or to postpone for anytime, and from time to time,
any of the rights and powers exercisable by OMC against the AGENCY, and either
to enforce or forbear from enforcing any of the terms and conditions contained
in the agreement and/ or the securities available to OMC, and the Bank shall not
be released from its liability and obligation under this Bank Guarantee by any
exercise by OMC of the liberty with reference to the matters aforesaid or by
reason of time being given to the AGENCY or any other forbearance, indulgence,
act or omission on the part of OMC or of any other matter or thing whatsoever
which under any law relating to sureties and guarantors would, but for this
provision,
ion, have the effect of releasing the Bank from its liability and obligation
under this Bank Guarantee and the Bank hereby waives all of its rights under any
such law.

6. This Bank Guarantee is in addition to, and not in substitution of, any other
guarantee or security now or which may hereafter be held by OMC in respect of,
or relating to, the agreement or for the fulfillment, compliance and/ or
performance of all or any of the obligations of the Agency under the agreement .

7. Notwithstanding anything conta

contained
ined hereinbefore, the liability of the Bank under
this Bank Guarantee is restricted to the Guarantee Amount and this Bank
Guarantee will remain in force until the expiry of the Guarantee Period, and
unless a demand or claim in writing is made by OMC on ththe
e Bank under this Bank
Guarantee no later than twelve (12) months from the date of expiry of the

Page 67 of 76
 Guarantee Period, all rights of OMC under this Bank Guarantee shall be forfeited
and the Bank shall be relieved from its liabilities hereunder.

8. The Bank undertakes

rtakes not to revoke this Bank Guarantee during its validity,
except with the previous express consent of OMC in writing, and declares and
warrants that it has the power to issue this Bank Guarantee and the undersigned
has full powers to do so on behalf of the Bank.

9. Any notice by way of request, demand or otherwise hereunder may be sent by

hand/messenger or by post addressed to the Bank at its above referred branch,
which shall be deemed to have been duly authorized to receive such notice and
to effect payment
yment thereof forthwith, and if sent by post it shall be deemed to
have been given at the time when it ought to have been delivered in due course
of post and in proving such notice, when given by post, it shall be sufficient to
prove that the envelope cont
containing
aining the notice was posted and a certificate
signed by an officer of OMC that the envelope was so posted shall be conclusive.

10. This Bank Guarantee shall come into force with immediate effect and shall
remain in force and effect until the expiry of the G
Guarantee
uarantee Period (including the
claim period) or until it is released earlier by OMC pursuant to the provisions of
the agreement.

11. Capitalized terms used herein, unless defined herein, shall have the meaning
assigned to them in the agreement.

12. Notwithstanding
ding anything contained herein:
i) Our liability under this Bank Guarantee shall not exceed INR
..........................
ii) The Bank Guarantee shall be valid up to ………. (“Expiry Date including
claim period” ………………. of the Bank Guarantee).
iii) We are liable to pay the guaranteed amount or any part thereof under
this Bank Guarantee only and if you serve upon us a written claim or
demand made in the manner prescribed in this Bank Guarantee on or
before ………… (Claim Period of the Bank Guarantee) at our Branch at
_________________________Bhubaneswar.
iv) After claim period all your rights under this Bank Guarantee will be
forfeited and we shall be relived and discharged from all liabilities
thereunder, irrespective of whether the original has been returned
retur to us
or not.

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 13. The Bank Guarantee is issued in paper form and Advice transmitted through
SFMS with required details to the beneficiary’s advising bank ((UNION
UNION BANK OF
INDIA, OMC CAMPUS BRANCH, BHUBANESWAR, IFSC Code UBIN0810592)
UBIN0810592

Signed and Delivered byy ________ Bank By the hand of Mr./Ms. ________, its ________ and
authorized official.
(Signature of the Authorized Signatory) (Official Seal)
NOTE:
(i) The Bank Guarantee should contain the name, designation and code number of the
officer(s) signing the Bank Guarantee.
(ii) The address, telephone number and other details of the head office of the Bank as well
as of issuing branch should be mentioned on the co
covering
vering letter of issuing Branch.
For _____________________________________________ [Indicate name of Bank]

Signature……………………………………………………………………….
Full Name…………………………………………………………………..….
Designation……………………………………………………………………
Power of Attorney No…………………………………………………….
…………………………………….
Date……………………………………………………………………………….
Seal of the Bank……………………………………………………………..
WITNESS: (SIGNATURE WITH NAME AND ADDRESS)
(1)
Signature……………………………………………………………………..
Full Name……………………………………………………………………..
(2)
Signature………………………………………………
Signature……………………………………………………………………..
Full Name……………………………………………………………………..

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Annexure 09:: Format for Indemnity Bond

(To be furnished in Stamp paper as per Stamp Act)

(Stamp Paper should be purchased in the name of the Service provider)
This deed of Indemnity executed by …….………………………… hereinafter referred to as
'Indemnifier' which expression shall, unless repugnant to the context or meaning thereof,
include its successors, administrators, representative and assignees in favour of M/s. Odisha
Mining Corporation Ltd., Bhubaneswar, hereinafter referred to as the ‘Indemnified’ which
expression shall unless repugnant to the context or meaning thereof, include its successors and
assignees witnesses as to.
Whereas the indemnified herein has awarded to the Indemnifier herein a purchase order/
service order for the supply of ………………………………………………. on terms and conditions set out
inter alia in the Purchase order/ Service Order No………………………………………………. valued at
Rs…………………(Rupees ………….. only)
And Whereas, it is required under the above mentioned purchase order/ service order to
provide an Indemnity bond to the indemnified to safeguard its interest, to be free from defect
due to
o faulty material or workmanship for a period of………………………..calendar months from
the date of receipt of stores or ………… actual working hours from the date of commissioning
whichever is earlier of the stores supplied by the Indemnifier to the indemnified.
Thee indemnifier hereby irrevocably agrees to indemnify the indemnified that for any and all
claims, liabilities, damages, losses, costs, charges, expenses, proceedings & actions of any
nature whatsoever made or instituted against or caused to be suffered by the Indemnified
directly or indirectly by reasons of.
I. any wrongful, incorrect, dishonest, criminals, fraudulent or negligent work default,
failure, bad faith, disregard of its duties and obligation, act or omission by the
Indemnifier.
II. any theft robbery, fraud,
raud, or other wrongful action or omission by the Indemnifier and
/or any of its staff
The indemnifier hereby irrevocably agrees to indemnify the indemnified that any items/
services loaned by indemnified for use by the indemnifier in the event of the products/
prod services
getting damaged/ non-operational,
operational, or such that it affects its life guarantee, the indemnifier
shall as may be deemed necessary repair or make good the defective assets at site, free of cost,
within a reasonable time specified by the indemnif
indemnified or reimburse the pro--rata cost of the
stores to the extent the life not achieved as per the guarantee, or supply spare stores for the
defective portion only free of cost at site in respect of the purchase order/ service order
obligations that emanate from the same already referred to the extent of
₹.………………(Rupees…………………………………………………
.………………(Rupees………………………………………………… only)

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 For ……………………………………………………………………
(Signature with Name and Designation)
Station:
Date: Company Seal
Witness
1…………………………………………..
Signature with Name, Designation and Address
2…………………………………………..
Signature with Name, Designation and Address

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Annexure 10: Rate of GST
The bidders are required to provide the description of activities and applicable GST in the below format

S No Description SAC/HSN Code Rate of GST

1 Diamond Core Drilling in Barbil Region

Signature Seal

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Annexure-11:: List of Equipment and Accessories

DETAILS OF EQUIPMENTS AND ACCESSORIES FOR CORE DRILLING,

WHICH THE TENDERER PROPOSES TO DEPLOY
(For Rig machines owned by the bidder agency)
Sl. Make No of Drilling Maximum Year of Remarks
No. & Rigs Capacity Depth Purchase (including
Model (in mtr. drilled Present
(Mechanical/ Per day/ in a hole. status of
Hydrostatic) month) (iron,Mn & performance
Chrome)

(Signature of the Bidder with seal)

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 Annexure-12: SA 8000 Compliance Format
A. Basic information

Name of the organization

Registered Office Address

Telephone No / Mobile No.

Name of the contact person

Number of employees (staff

and Workers)

B. Information regarding Social Accountability

 What is the minimum age required to join your organization? ______Years

 Do you engage child labour in any light work? Yes / No
 What types of certificates / ID proof (Like mark sheet, Birth certificate, aadhar card) you keep with
you? Original / Photocopy
 Do you require to keep any kind of deposit at the time of employment? Yes / No
 Do the workers know the risk / hazard associated with their work? Yes / No
 Do you provide personal protective equipment(s) to your employees free of cost? Yes / No
 Do you ensure canteen facility for your employees? Yes / No
 What types of medical benefits you provide to your employees?

 Do you allow trade union and collective bargaining? Yes / No

If no, how do you ensure freedom of expression? (Write NA if you mark as yes)

 In case of non-performance
performance of any employee, how do you deal with such situations?

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 What are the procedures of hiring /promotion in your organization?

 Do you provide appointment letter to your employees? Yes / No

 Do you maintain a documented terms and conditions of employment, or personnel file? Yes/ No
 If no, how do you terminate your employee?

 How do you ensure that your employees are not discrimination on the basis of cast creed, gender,
religion, age etc?

 How many shift you have? __________ shifts

 Which day is off day in your organization? ___________

 In case, a person works in off day or holiday, how he / she is compensated?

 Do you engage worker in overtime? Yes / No

 Do you pay overtime to your employees as per law? Yes / No

 Lowest amount (salary / wage) you pay to your employees? Rs._________/-

Rs._________/ (per day)
 Highest amount paid by you? Rs._________/-
Rs._________/ (per day)
 Is there any case of deduction in wage? Yes / No
 In case, it is yes, what are the general reasons for such deduction?

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 Have you taken care to look into issues related to child labour Forced labour, health & safety,
working hours and remuneration of your suppliers Yes /
No

Declaration:

We do hereby declare that our organization is committed to the principles of social accountability. We
will promptly implement remedial / corrective actions identified against the requirement and will
promptly inform your organization. We also declare that the sub contractors / sub supplier’s
performances are monitored by us regarding issues related to SA8000.

Moreover, we declare that if invited, we shall participate in awareness programme as well as monitoring
programme organized by you.

We declare that the above-mentioned

mentioned information are correct to the best of our knowledge

________________________ Seal of the organization

(Signature)

Name of the person:____________________________

Designation: __________________________________

Date _____________/__________/ ____________

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