16267_Model Tender Document - ML

Blank Tender Document for Auction of Mining Leases for Virgin Mineral Blocks
Government of Bihar
Blank Tender Document
Mining Lease
[Insert Tender Reference No.]
[Insert Name of Mineral Block]
This Tender Document is non-transferable. The Price of this Tender Document is INR [Insert
Tender Fee] (Rupees [Insert Tender Fee in words]) plus applicable GST; GST is payable on
reverse charge mechanism.
July 31, 2024 Page 1 of 115

Blank Tender Document for Auction of Mining Leases for Virgin Mineral Blocks
Contents
1. Important information ........................................................................................ 4
2. Definitions.......................................................................................................... 6
3. Introduction ........................................................................................................ 8
4. The Mineral Block ............................................................................................. 9
5. Eligibility ......................................................................................................... 10
6. Review period and site visit ............................................................................. 14
7. Pre-bid conference ........................................................................................... 15
8. Bidding Process ............................................................................................... 17
A. First round of e-auction........................................................................ 17
B. Second round of e-auction ................................................................... 20
9. Reserve Price ................................................................................................... 23
10. Declaration of Successful Bidder and Grant of Mining Lease ........................ 24
10.1. Issuance of letter of intent: ................................................................... 24
10.2. Declaration as a Successful Bidder:..................................................... 25
10.3. Execution of Mine Development and Production Agreement: ............ 26
10.4. Grant of mining lease: .......................................................................... 26
11. Timetable ......................................................................................................... 27
12. Payments by the Successful Bidder ................................................................. 29
12.1. Upfront Payment .................................................................................. 29
12.2. Periodic payments ................................................................................ 29
12.3. Interest.................................................................................................. 29
13. General conditions regarding tender process ................................................... 30
13.1. Submission of Technical Bid ............................................................... 30
13.2. Language .............................................................................................. 31
13.3. Documents and information................................................................. 31
13.4. Overriding effect .................................................................................. 31
13.5. Cost of bidding..................................................................................... 31
13.6. Verification of information by the Bidders .......................................... 31
13.7. Verification by the State Government and debarment ......................... 32
13.8. Amendment of Tender Document ....................................................... 33
13.9. Bid Due Date and extension ................................................................ 34
13.10. Modifications/ substitution/ withdrawal of bids .................................. 34
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Blank Tender Document for Auction of Mining Leases of Virgin Mineral Blocks
13.11. Rejection of bids .................................................................................. 34

13.12. Validity of bids .................................................................................... 34
13.13. Change affecting the Bidder ................................................................ 35
13.14. Minor deviations .................................................................................. 35
13.15. Single Bid............................................................................................. 35
14. Bid Security ..................................................................................................... 36
15. Fraud and Corrupt Practices............................................................................. 38
16. Other Provisions............................................................................................... 40
16.1. Exploration Obligation......................................................................... 40
16.2. Governing law ...................................................................................... 40
16.3. Right of State Government .................................................................. 40
16.4. Proprietary data .................................................................................... 40
Schedule I : Format of Technical Bid .......................................................................... 41
A. General instructions: ............................................................................ 41
B. Instructions for submission of the Bid Letter ...................................... 41
C. Instructions for submission of the Bid Security ................................... 43
D. Instructions for submission of the Power of Attorney ......................... 44
E. Instructions for submission of the Affidavit ........................................ 44
Annexure I: Format of Bid Letter .................................................................... 45
Annexure II: Format of Bid Security ............................................................... 50
Annexure III: Format of Power of Attorney .................................................... 53
Annexure IV: Format of Affidavit ................................................................... 54
Schedule II : Format for seeking clarification regarding Tender Document ............... 56
Schedule III : Technical details regarding online electronic auction........................... 57
Schedule IV : Format of MDPA .................................................................................. 66
Schedule V : Format of Information Memorandum .................................................. 111
Schedule VI : Indicative Format of Letter of Intent .................................................. 112
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1. Important Information
1.1. This Tender Document has been issued pursuant to notification of an area with
the intent to carry out e-auction for grant of a mining lease for [Name of the
Mineral] (“Mineral”), pursuant to the Act and the Rules framed thereunder. All
information provided in this Tender Document should be read together with the
Act and the Rules framed thereunder. In the event of a conflict between this
Tender Document and the Act or the Rules, the Act or the Rules (as amended
from time to time), as the case may be, shall prevail.
1.2. The information contained in this Tender Document or subsequently provided
to Bidder(s), in documentary or any other form by or on behalf of the State
Government or any of its employees or advisors, is provided to Bidder(s) on the
terms and conditions set out in this Tender Document. It is hereby clarified that
for the purposes hereof, till the issuance of letter of intent by the State
Government to the Preferred Bidder, only Mines & Geology Department,
Government of Bihar is authorized to issue any communication hereunder and
only a written communication from the Mines & Geology Department,
Government of Bihar shall be considered as an official communication by the
State Government. The said written communication will also be uploaded (till
the issuance of letter of intent by the State Government to the Preferred Bidder)
on the e-auction website of MSTC Limited.
1.3. This Tender Document is neither an agreement nor an offer by the State
Government to the prospective Bidders or any other person. The purpose of this
Tender Document is to provide interested parties with information that may be
useful to them in making their bids pursuant to this Tender Document. This
Tender Document includes statements which reflect various assumptions and
assessments arrived at by the State Government in relation to the mineral block.
Such assumptions, assessments and statements do not purport to contain all the
information that each Bidder may require. This Tender Document may not be
appropriate for all persons, and it is not possible for the State Government, its
employees or advisors to consider the investment objectives, financial situation
and particular needs of each party who reads or uses this Tender Document. The
assumptions, assessments, statements and information contained in the Tender
Document may not be complete, accurate, adequate or correct. Each Bidder
should, therefore, conduct its own investigations and analysis and should check
the accuracy, adequacy, correctness, reliability and completeness of the
assumptions, assessments, statements and information contained in this Tender
Document and obtain independent advice from appropriate sources.
1.4. Information provided in this Tender Document to the Bidder(s) has been
collated from several sources some of which may depend upon interpretation of
Applicable Law. The information given is not intended to be an exhaustive
account of statutory requirements and should not be regarded as complete. The
State Government accepts no responsibility for the accuracy or otherwise for
any statement contained in this Tender Document.
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1.5. The State Government, its employees and advisors make no representation or
warranty and shall have no liability to any person, including any Bidder under
any law, statute, rules or regulations or tort, principles of restitution or unjust
enrichment or otherwise for any loss, damages, cost or expense which may arise
from or be incurred or suffered on account of anything contained in this Tender
Document or otherwise, including the accuracy, adequacy, correctness,
completeness or reliability of the Tender Document and any assessment,
assumption, statement or information contained therein or deemed to form part
of this Tender Document or arising in any way from participation in this tender
process.
1.6. The State Government also accepts no liability of any nature howsoever caused
arising from reliance of any Bidder upon the statements contained in this Tender
Document.
1.7. The State Government may in its absolute discretion, but without being under
any obligation to do so, update, amend or supplement the information,
assessment or assumptions contained in this Tender Document. The State
Government may impose such other conditions in the MDPA, Mining Lease, or
letter of intent as may be considered by the State Government to be in the
interest of mineral development and in public interest.
1.8. The issue of this Tender Document does not imply that the State Government is
bound to select a Bidder or to appoint the Preferred Bidder as Successful Bidder
for the mineral block and the State Government reserves the right to reject all
or any of the Bidders or bids without assigning any reason whatsoever.
1.9. Each 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 which may be required by the State Government or any other costs
incurred in connection with or relating to its bid.
1.10. This Tender Document is non-transferable. The Price of this Tender Document
is INR Insert Tender Fee] (Rupees [Insert Tender Fee in words]) plus applicable
GST. GST is payable under the Reverse Charge Mechanism. The price paid by
the Bidder for the Tender Document shall not be refunded.
1.11. In case the day of completion of any requirement is falling due on a public
holiday, the day of completion shall be deemed to be due on the next successive
working day. The expression “public holiday” includes Saturday, Sunday and
any other day declared to be a public holiday by the Central Government or the
State Government, as the case may be.
1.12. Each Bidder shall be responsible for any problem at the Bidder's end like failure
of electricity, loss of internet connection, any trouble with Bidder's computer
etc. which may cause inconvenience or prevent the Bidder from bidding in e-
auction.
1.13. Bidders shall note that at the time of execution of the Mining Lease, area and
block boundary demarcated through DGPS survey shall prevail irrespective of
any variation in Khasra Number at the time of executing the Mining Lease.
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2. Definitions
The words and expressions used herein but not defined herein shall have the same
meaning as assigned to them in the Act or the Rules made thereunder. The following
definitions apply to this Tender Document, unless the context otherwise requires:
2.1. “Acceptable Bank” shall mean a Scheduled Bank as listed in the Second
Schedule of the Reserve Bank of India Act, 1934, excluding those listed under
the headings of Gramin Banks, Urban Co-operative Banks and State Co-
operative Banks.
2.2. “Act” means the Mines and Minerals (Development and Regulation) Act, 1957
(67 of 1957) as amended from time to time
2.3. “Applicable Law” shall mean all applicable statutes, laws, by-laws, rules,
regulations, orders, ordinances, protocols, codes, guidelines, notices, directions,
judgments, decrees or other requirements or official directive of any
governmental authority or court or other law, rule or regulation approval from
the relevant governmental authority, government resolution, directive, or other
government restriction or any similar form of decision of, or determination by,
or any interpretation or adjudication having the force of law in India at the
relevant point in time.
2.4. “Auction Rules” mean the Mineral (Auction) Rules, 2015 as amended from
time to time
2.5. “Authorised Signatory” shall mean the individual representing a Bidder who
has been duly authorised on behalf of such Bidder to execute and submit the
Bid in accordance with the terms hereof, as set forth in Clause 13.1.1(c).
2.6. “Bidder” means a person who has purchased this Tender Document, and the
expression Bidders shall include all such persons.
2.7. “Bid Due Date” shall mean the date on which the Technical Bid and the initial
price offer is required to be submitted in accordance with Clause 8.1A(a).
2.8. “Bid Security” shall have the meaning given to such expression in Clause 14.
2.9. “Final Price Offer” shall have the meaning given to such expression in Clause
8.1B(a).
2.10. “Floor Price” shall have the meaning given to such expression in Clause
8.1A(d).
2.11. “Information Memorandum” means the information memorandum provided
separately containing amongst others, information specified in Clause 4.1.
2.12. “MDPA” means the Mine Development and Production Agreement in the
format as specified in Schedule IV (Format of MDPA).
2.13. “Mineral Block” means [insert name of Mineral Block].
2.14. “Performance Security” means a bank guarantee in the format as provided in
Schedule III of the Auction Rules or a non-interest bearing security deposit to
be provided in terms hereof.
2.15. “Preferred Bidder” shall have the meaning given to such expression in Clause
8.1B(c) or, as the case may be, in Clause 10.1.3.
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2.16. “Qualified Bidders” shall have the meaning given to such expression in Clause
8.1A(e).
2.17. “Reserve Price” shall be as provided under Clause 9.
2.18. “Rules” shall, as the context may require, mean the Auction Rules and/or the
Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession
Rules, 2016 and/or the Minerals (Evidence of Mineral Contents) Rules, 2015
and/or any other rules (including any amendments thereof) formulated under
the Act, as maybe applicable at any point of time.
2.19. “Section” means Section of the Act;
2.20. “State Government” means Government of Bihar.
2.21. “Successful Bidder” shall have the meaning given to such expression in Clause
10.2.
2.22. “Technical Bid” shall have the meaning given to such expression in Clause
8.1A(a)(i)
2.23. “Technically Qualified Bidders” shall have the meaning given to such
expression in Clause 8.1A(c).
2.24. “Tender Document” means this tender document together with the schedules
and documents referred to herein, including the Information Memorandum and
any addenda to this Tender Document.
2.25. “Upfront Payment” means an amount equal to INR [amount in figures]
(Rupees [amount in words]) payable pursuant to the Auction Rules.
2.26. “Value of Estimated Resources” means an amount equal to the product of, -
i. the estimated quantity of mineral resources for which the Mineral Block
is being auctioned, expressed in metric tonne; and
ii. the average price per metric tonne of such mineral as published by
Indian Bureau of Mines for the relevant State for a period of 12 (twelve)
months immediately preceding the month of computation of the Value
of Estimated Resources:
Provided that if for any mineral or mineral grade, the average sale price
in respect of the relevant State for any month is not published by the
Indian Bureau of Mines the average sale price for the latest month
published for such mineral or mineral grade shall be deemed to be the
average sale price for the said month for which average sale price is not
published:
Provided further that if for any mineral or mineral grade, the average
sale price in respect of the relevant State is not published for the entire
period of the preceding 12 (twelve) months, then the all India average
sale price published for such mineral or mineral grade for the said 12
(twelve) months shall be used.
2.27. “Value of Mineral Despatched” shall have the meaning given to such
expression in Clause 9.1.
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3. Introduction
3.1. The Act stipulates grant of mining lease through e-auction in respect of minerals
which vest in the government other than
i. minerals notified as Minor Mineral(s) specified in clause (e) of Section

3 of the Act;
ii. minerals specified in Part A of the First Schedule to the Act; and
iii. minerals specified in Part B of the First Schedule to the Act having grade
equal to or more than the threshold value as specified and notified under
the Atomic Minerals Concession Rules, 2016.
3.2. In exercise of powers conferred by Section 13 of the Act, the Central

Government has notified the Auction Rules and the Minerals (Evidence of
Mineral Contents) Rules, 2015. The Bidders are encouraged to acquaint
themselves with the Act and the Rules made thereunder.
3.3. This Tender Document is being issued by the State Government as per Auction
Rules, for e-auction for grant of a mining lease over the Mineral Block.
3.4. The e-auction would be conducted in accordance with the Act, the Auction
Rules, the Minerals (Evidence of Mineral Content) Rules, 2015, any other order
or notification issued by the Central Government pursuant to the Act and this
Tender Document.
3.5. The Bidders are expected to conduct due diligence regarding the land to be
comprised in the Mining Lease and also familiarise themselves with all
Applicable Laws relating to acquisition of rights over such land to be comprised
in the mining lease including without limitation, the Act, the Forest
Conservation Act, 1980, the Panchayats (Extension to the Scheduled Areas)
Act, 1996, the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation & Resettlement Act 2013, and respective laws of
State Government with respect to land reforms, scheduled areas and any other
Applicable Laws. At the request and cost of the Successful Bidder, the State
Government may consider providing support (without incurring any obligation
whatsoever), in its sole discretion.
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4. The Mineral Block

4.1. The following information regarding the Mineral Block is included in a separate
“Information Memorandum” attached along with this Tender Document as
Schedule V:
(i) precise map of the Mineral Block identified including geographical co-
ordinates, revenue survey details, demarcated using total station and
differential global positioning system and divided into forest land, land
owned by the State Government and land not owned by the State
Government.
(ii) the geological report of the Mineral Block specifying particulars and
estimated mineral resources of [Name of the Mineral] found in the
identified Mineral Block determined pursuant to the Minerals (Evidence
of Mineral Content) Rules, 2015; and
(iii) an indicative list of clearances and permissions required to be obtained

with respect to such area for commencing mining operations.
4.2. Bidders are strongly encouraged to review the Information Memorandum.
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5. Eligibility
Pursuant to the Act and Rule 6 of the Auction Rules, the eligibility for participating in
the e-auction shall be as follows:
(a) The Bidder must meet the Conditions specified in Section 5 which is quoted
below:
“5. Restrictions on the grant of mineral concession
(1) A State Government shall not grant a mineral concession

to any person unless such person--
(a) is an Indian national, or company as defined in

clause (20) of section 2 of the Companies Act,
2013; and
(b) satisfies such conditions as may be prescribed:
Provided that in respect of any mineral specified in Part A and

Part B of the First Schedule, no mineral concession shall be
granted except with the previous approval of the Central
Government.
Explanation.--For the purposes of this sub-section, a person

shall be deemed to be an Indian national,--
(a) in the case of a firm or other association of individuals,

only if all the members of the firm or members of the
association are citizens of India; and
(b) in the case of an individual, only if he is a citizen of India.

Provided further that the previous approval of the Central
Government shall not be required for grant of mineral
concession or mining lease in respect of the minerals specified
in Part A of the First Schedule, where,—
(i) an allocation order has been issued by the Central

Government under section 11A; or
(ii) a notification of reservation of area has been issued by

the Central Government or the State Government under
sub-section (1A) or sub-section (2) of section 17A; or
(iii) a vesting order or an allotment order has been issued by

the Central Government under the provisions of the Coal
Mines (Special Provisions) Act, 2015.
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Provided also that the composite licence or mining lease shall

not be granted for an area to any person other than the
Government, Government company or corporation, in respect of
any minerals specified in Part B of the First Schedule where the
grade of such mineral in such area is equal to or above such
threshold value as may be notified by the Central Government.
(2) No mining lease shall be granted by the State Government unless

it is satisfied that--
(a) there is evidence to show the existence of mineral

contents in the area for which the application for a
mining lease has been made in accordance with such
parameters as may be prescribed for this purpose by the
Central Government;
(b) there is mining plan duly approved by the Central

Government, or by the State Government, in respect of
such category of mines as may be specified by the Central
Government, for the development of mineral deposits in
the area concerned.
Provided that a mining lease may be granted upon the filing of

a mining plan in accordance with a system established by the
State Government for preparation, certification, and monitoring
of such plan, with the approval of the Central Government.”
(b) The Bidder must meet the terms and conditions regarding eligibility as stipulated in
Schedule I of the Auction Rules for e-auction of Mineral Block for grant of mining
lease as quoted below. Accordingly, the net worth of the Bidder must be more than
INR [amount in figures] (Rupees [amount in words]), calculated in accordance with
the following conditions, as applicable:
a. If the Value of Estimated Resources is equal or more than Rupees one

thousand crore, the applicant, including an individual, shall have a net
worth more than 2 percent of Value of Estimated Resources.
b. If the Value of Estimated Resources is less than one thousand crore
rupees but more than one hundred crore rupees, the applicant,
including an individual, shall have a net worth more than 1 percent of
the Value of Estimated Resources.
c. If the Value of Estimated Resources is less than or equal to one hundred
crore rupees, the applicant, including an individual, shall have a net
worth of more than 0.5 percent of the Value of Estimated Resources.
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Provided that the net worth requirement shall not exceed two hundred
crore rupees.
Explanation:
(1) In case an applicant is a subsidiary of another company
incorporated in India, the net worth of such holding company
may also be considered:
Provided that, in such case, the applicant shall continue to be a
subsidiary of such holding company until such time the applicant
meets the aforementioned net worth threshold.
It is clarified that either the net worth of the holding company or
the net worth of the subsidiary shall be considered, and not both.
(2) In case of a Company, the net worth shall be the sum of paid up
share capital and the free reserves as per the audited balance
sheet of the financial year ended immediately preceding the date
of issuance of notice inviting tender.
(3) In case the notice inviting tender is issued between 1st April to
30th September (both days inclusive) of a year, the audited
balance sheet of the financial year before the immediately
preceding financial year, from the date of issuance of notice
inviting tender, may be submitted by the bidder, if the audited
balance sheet of the immediately preceding financial year is not
available.
(4) In case of an individual, the net worth shall be the closing cash
balance on the last date for submission of application, and such
amount may include amount in savings bank accounts in
Scheduled Bank or Post Office, free and un-encumbered fixed
deposits in Scheduled Banks, or Post Office, Listed Companies
/Government organisation or Public Sector Undertaking of a
State and the Central Government, Kisan Vikas Patra, National
Saving certificate, Bonds, Shares of Listed Companies, Listed
Mutual Funds, Unit Linked Insurance Plan, Public Provident
Fund, Surrender Value of Life Insurance policies and un-
encumbered immovable property in the name of Applicant.”
In case of an individual or sole proprietorship, the valuation of

un-encumbered immovable property shall be based on the
relevant circle rate published by the relevant government
authority, and such valuation must be certified by a chartered
accountant. The individual or sole proprietorship shall also
submit an undertaking, on a stamp paper (as a part of the affidavit)
of adequate value stating, inter alia, that the immovable property
(accounted for calculation of net worth) is un-encumbered and
free from all charges (including, but not limited to, lien, mortgage,
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and pledge), and that the said individual or sole proprietorship is

the owner of such immovable property.
Further, for computation of the Bidder’s net worth, if an

individual includes the properties owned by their sole
proprietorship, or if sole proprietorship of such individual
includes the properties owned by the individual, then either of the
following shall be submitted, as applicable:
A. A certificate from the bank in which such sole proprietorship
has a current account certifying that the individual is the
proprietor of the sole proprietorship; or
B. GST registration certificate clearly showing the details of the
sole proprietorship.
The decision of the State Government with respect to the methodology to be used for
computing the net worth of any Bidder shall be final and binding on the Bidders.
(c) The Bidder must comply with Section 6 of Mines and Minerals (Development and
Regulation) Act, 1957; .
Explanation- Participation of persons who are holding or may, in the event of
becoming the highest bidders in the auction, hold the area in excess of the area limit
under Section 6 (1) of the MMDR Act shall be disallowed. It may however be noted
that the area limit would be governed as per the provisions under Section 6 (1) of
the MMDR Act.
(d) The eligibility conditions shall be used only for the purposes of determination of
eligibility for participating in the e-auction set out in this Tender Document. The
Preferred Bidder shall be decided solely on the basis of financial bids submitted by
the eligible Bidders. Provided that, the Preferred Bidder/Successful Bidder shall be
obliged to remain in continuous compliance with eligibility conditions provided in
this Clause 5 till the execution of the Mining Lease deed, which the State
Government may test anytime at its discretion.
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6. Review Period and Site Visit

6.1. Pursuant to sub-rule (3) of Rule 9 of the Auction Rules, the potential bidders
shall be provided a fixed period to study the Tender Document and the bidding
process shall commence only after such date as mentioned in Clause 11.
6.2. Site Visit would commence on publication of notice inviting tender and would
end on Bid Due Date.
6.3. Potential bidders shall be eligible to visit the Mineral Block. The site visit to the
Mineral Block shall be conducted with prior notice to the State Government
through the following e-mail address auction.mineral-bih@gov.in . The email
should clearly bear the following subject line: “Site Visit for [insert name of the
mineral block]”.
6.4. State Government shall approve request of site visit received from the potential
bidders and designate an officer to accompany the Bidder for site visit.
6.5. During such period the potential bidders may undertake the site visit to Mineral
Block at their cost and risk to ascertain for themselves the site conditions,
location, communication, climate, availability of power, and any other matter
considered relevant by them. The potential bidder shall not collect the samples
during site visit.
6.6. This Tender Document does not however give an unconditional or unrestricted
right to access the Mineral Block or the right to the potential bidders to prospect
for minerals. The site visit must be in compliance with Applicable Law and
rights of person(s) having surface rights over the Mineral Block.
6.7. In the event a potential bidder undertakes a site visit, then such potential bidder
shall be liable towards any loss or damage caused to the site and/or the person(s)
having surface rights over the Mineral Block, on account of any act of
commission or omission of such potential bidder or its employees, authorised
representatives, agents, advisors etc.
6.8. Potential bidders are advised to conduct the site visit in the manner specified in
Clause 6.3 on or before 17:00 hours (IST) on Bid Due Date.
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7. Pre-bid Conference
7.1. Potential bidders may seek clarifications or request further information regarding
this Tender Document.
7.2. Any queries or requests for additional information concerning this Tender
Document may be sent in .doc, .docx, .xls, .xlsx format only to the State
Government by email to auction.mineral-bih@gov.in in the format specified in
Schedule II (Format for seeking clarifications regarding the Tender Document).
7.3. The email should clearly bear the following subject line: “Queries/Request for
Additional Information: Tender Document for [insert name of the mineral
block]”.
7.4. Each query should contain complete details of facts, information and Applicable
Law relevant to the query and also the particulars of the person posing the query.
The State Government reserves the right to not answer any query, including any
query which is incomplete or anonymous.
7.5. The queries should be emailed on or before the date specified in Clause 11 for
receiving queries.
7.6. It is expressly clarified that no queries may be submitted beyond the last date for
receipt of queries as indicated in Clause 11 of this Tender Document.
7.7. The State Government shall endeavour to respond to the queries within the period
specified in Clause 11. However, the State Government reserves the right to not
respond to any question or provide any clarification, in its sole discretion, and
nothing in this Tender Document shall be taken or read as compelling or requiring
the State Government to respond to any question or to provide any clarification.
7.8. The State Government shall publish the queries for which response has been
provided on a website, without identifying the source of queries.
7.9. Pre-bid conference(s) of the potential bidders shall be convened on the designated
date as mentioned in Clause 11 at a time and place specified by the State
Government. The State Government may, at its sole discretion, choose to convene
the pre-bid conference through virtual mode (or a hybrid of virtual and physical
modes) subject to such conditions as may be notified separately by the State
Government.
7.10. A maximum of 2 (two) representatives of each potential bidder shall be allowed
to participate on submission of duly issued authority letter from the potential
bidder and identity documents.
7.11. The State Government shall endeavour to provide clarifications and such further
information, as it may, in its sole discretion, consider appropriate for facilitating
a fair, transparent and competitive tender process.
7.12. The State Government may also on its own motion, if deemed necessary, issue
interpretations and clarifications to all potential bidders. All clarifications and
interpretations issued by the State Government shall be deemed to be part of the
Tender Document. Provided, however, that any non-written clarifications and
information provided by the State Government, its employees or representatives
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in any manner whatsoever shall not in any way or manner be binding on the State
Government.
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8. Bidding Process
8.1. Pursuant to sub-rule (4) of Rule 9 of the Auction Rules, the e-auction shall be
an ascending forward online electronic auction and shall comprise of attempts
of auction with each attempt of auction consisting of a first round of auction and
a second round of auction as follows:
A. First round of e-auction

(a) In the first round, the Bidders shall be required to submit on or
prior to 17:00 hours (IST) on Friday, September 20, 2024 (“Bid
Due Date”):
(i) The Technical Bid comprising amongst others,

documentary evidence to confirm eligibility as per the
provisions of Clause 5 hereof, and of the Act and the
Rules made thereunder to participate in the auction,
bid security and such other documents and payments
as may be specified in this Tender Document
(“Technical Bid”); and
(ii) Initial price offer, which shall be a percentage of

Value of Mineral Despatched and must be equal to or
greater than the Reserve Price as specified in Clause
9.
The Technical Bid and the initial price offer must be

submitted electronically as provided in Schedule III
(Technical details regarding online electronic auction). The
duly executed original physical copy of the Technical Bid
must be hand delivered either to Mr. Md. Nayyer
Iqubal (Director, DGM, Bihar) or Ms. Beena Kumari
(Mineral Development Officer) for this specific purpose at
address specified in Clause 13.1.2 so that they are received on
or prior to the Bid Due Date, failing which the Technical Bid
shall be deemed to be not received.
In case of a conflict between documents submitted

electronically and documents hand delivered physically, the
documents hand delivered physically shall prevail. It is
clarified that only the Technical Bid is required to be
submitted physically, and the Bidders must not submit the
initial price offer physically. In case the Bidder submits the
initial price offer physically, the Technical Bid and the initial
price offer will be summarily rejected. In case the Bidder fails
to submit the Technical Bid electronically, the Technical Bid
and the initial price offer will be summarily rejected.
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July 31, 2024
(b) The Technical Bid shall be evaluated to ascertain compliance

of the Bidder with the eligibility conditions and requirements
under this Tender Document. While examining the Technical
Bids the State Government may consider such parameters as
it may deem relevant, including considerations that the
Technical Bid:
(i) is received as per the prescribed formats along with

all required documents and information;
(ii) is received by the Bid Due Date including any

extension thereof;
(iii) is submitted electronically in the manner prescribed

in Schedule III (Technical details regarding online
electronic auction);
(iv) contains all the information (complete in all respects)

including the initial price offer as requested in this
Tender Document;
(v) does not contain any condition or qualification;
(vi) only 1 (one) Technical Bid has been submitted by the

Bidder and its Affiliates; or
(vii) is generally considered to be in compliance in terms

of any other parameters as may be considered relevant
by the State Government.
(c) Only those Bidders who are found to be eligible in accordance

with the prescribed eligibility conditions as per Clause 5 of
this Tender Document and whose initial price offer is equal
to or greater than the Reserve Price and whose Technical Bids
meet the requirements under this Tender Document
(“Technically Qualified Bidders”) shall be considered for
the second round of the auction.
(d) The highest initial price offer amongst the Technically

Qualified Bidders shall be the floor price for the second round
of online electronic auction (“Floor Price”).
(e) The Technically Qualified Bidders shall be ranked on the

basis of the descending initial price offer submitted by them.
On the basis of such ranking the Technically Qualified
Bidders, holding first 50% (fifty per cent) of the ranks (with
any fraction rounded off to higher integer) or the top 5 (five)
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July 31, 2024
Technically Qualified Bidders, whichever is higher, shall

qualify as qualified bidders for participating in the second
round of online electronic auction (the “Qualified Bidders”).
Intimation shall be restricted only to the Qualified Bidders.
Provided that if the number of Technically Qualified Bidders

is between 3 (three) and 5 (five), then all the Technically
Qualified Bidders shall be considered as Qualified Bidders:
Provided further that in the event of identical initial price

offers being submitted by 2 (two) or more Technically
Qualified Bidders, all such Technically Qualified Bidders
shall be assigned the same rank for the purposes of
determination of Qualified Bidders and in such case, the
aforementioned 50% (fifty per cent) shall stand enhanced to
the extent of tie occurring within the first 50% (fifty per cent).
Illustration:
(i) In the event there are a total of 10 (ten) Technically

Qualified Bidders, and each Technically Qualified
Bidder submits different initial price offer, then the
Technically Qualified Bidders holding the first 50%
(fifty percent) of ranks shall be considered to be
Qualified Bidders.
(ii) If 3 (three) Technically Qualified Bidders submit the
same initial price offer and are ranked in first 50%
(fifty percent) of the total number of ranks, then all
such 3 (three) Technically Qualified Bidders shall be
considered to be Qualified Bidders and the total
number of Qualified Bidders shall stand increased by
2 (two).
a. The State Government is not obliged to provide

any explanation or clarification on their
disqualification to Bidders who fail to qualify as
Technically Qualified Bidders.
b. Technical Bids shall be deemed to be under
consideration immediately after the submission
and until such time the State Government makes
official intimation of award / rejection to the
Bidders. While the tender process is on-going,
Bidders and/ or their representatives or other
interested parties are advised to refrain, save and
Page 19 of 115
July 31, 2024
except as required/permitted under the Tender

Document, from contacting by any means, the
State Government and/ or their employees/
representatives on matters related to the bids
under consideration.
c. Save and except as provided in this Tender
Document, the State Government shall not
entertain any correspondence with any Bidder in
relation to acceptance or rejection of any bid or
the tender process.
(f) Where the total number of Technically Qualified Bidders is less than
3 (three), then no Technically Qualified Bidder shall be considered
to be Qualified Bidder and the first attempt of auction shall be
annulled.
(g) On annulment of the first attempt of auction, the State Government

may decide to:
i. commence the auction process de novo with a separate set

of terms and conditions and reserve price as it may deem
fit and necessary; or
ii. conduct the second attempt of auction.
(h) In case the State Government decides to conduct the second attempt
of auction as per clause (ii) of sub-clause (g) above, the terms and
conditions of the second attempt of auction shall remain the same as
in the first annulled attempt of auction subject to the conditions that:
i. the highest initial price offer of the Technically Qualified

Bidders if any in the first annulled attempt shall be the
reserve price in first round of the second attempt; and
i. the bidding shall continue to the second round even in

case the number of Technically Qualified Bidders is less
than 3 (three), and even in case of a single Technically
Qualified Bidder.
B. Second round of e-auction

Where the total number of Technically Qualified Bidders is 3 (three) or
more, then the auction process shall proceed to second round of auction
which shall be held in the following manner, namely:
(a) In the second round, the Qualified Bidders may submit their
final price offers which shall be a percentage of Value of
Mineral Despatched (the “Final Price Offer”) and be greater
Page 20 of 115
July 31, 2024
than the Floor Price. The Final Price Offer may be revised till
the conclusion of the e-auction in accordance with the
technical specifications of the e-auction platform as specified
in Schedule III (Technical details regarding online electronic
auction)
(b) The e-auction process shall be annulled if none of the

Qualified Bidders submits a Final Price Offer on the online
electronic auction platform. In case the e-auction process is
annulled due to non-submission of at least 1 (one) Final Price
Offer on the electronic auction platform, the Bid Security of
all such Qualified Bidders who have submitted the highest
initial price offer i.e. the applicable Floor Price for the second
round of e-auction, shall be forfeited in accordance with
Clause 14.6.
(c) The Qualified Bidder who submits the highest Final Price
Offer shall be declared as the “Preferred Bidder”
immediately on conclusion of the e-auction.
8.2. The mining lease shall be for minerals found in the area pursuant to exploration
prior to the e-auction:
Provided that where, subsequent to the e-auction, any new mineral is

discovered, then the holder of mining lease shall follow the provisions of the
Act and the Rules made thereunder’ for inclusion of such new mineral in the
Mining Lease Deed. It is clarified that:
i. Where, subsequent to grant of a mining lease, 1 (one) or more new

major minerals are discovered, the percentage of Value of Mineral
Despatched as quoted by the Successful Bidder under sub-rule (3) of
rule (8) of Auction Rules read with the terms hereof shall be
applicable for the purpose of payment to the State Government in
respect of each such mineral.
ii. Where, subsequent to the grant of mining lease, the presence of a
minor mineral(s) is established or discovered, the treatment of such
minor mineral(s) will be as per the provisions of the Bihar Minerals
(Concession, Prevention of Illegal Mining, Transportation &
Storage) Rules, 2019 (as amended or replaced from time to time)
prevailing at the time when the minor mineral is discovered in the
concession area.
8.3. Special provisions relating to minerals specified in Part B of the First Schedule
to the Act and as per Rule 21 of the Auction Rules:
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‘(1) Notwithstanding anything contained in these rules─
(a) if the holder of a Composite Licence or mining lease discovers

any mineral specified in Part B of the First Schedule to the Act
and not specified in such licence or lease, in the area granted
under such licence or lease, the discovery of such mineral shall
be reported to the Director, Atomic Minerals Directorate for
Exploration and Research, Hyderabad within sixty days from the
date of discovery of such mineral;
(b) the licencee or lessee, shall not win or dispose of any mineral
specified in Part B of the First Schedule to the Act unless such
mineral is included in the licence or lease or a separate licence
or lease for the purpose has been obtained;
(c) the quantities of any mineral specified in Part B of the First

Schedule to the Act recovered incidental to such mining
operations shall be collected and stacked separately and a report
to that effect shall be sent to the Director, Atomic Minerals
Directorate for Exploration and Research, Hyderabad every
month for such further action by the licencee or the lessee as may
be directed by the Atomic Minerals Directorate for Exploration
and Research.
(2) The licencee or lessee referred to in sub-rule (1) shall, within sixty days
from the date of discovery of any mineral specified in Part B of the
First Schedule to the Act, apply to the Secretary, Department of Atomic
Energy, Mumbai, through the State Government, for grant of a licence
to handle such minerals under the provisions of the Atomic Energy Act,
1962 (33 of 1962) and the rules made thereunder and the Department
of Atomic Energy shall intimate to the State Government regarding
issue of the licence in this regard.
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July 31, 2024
9. Reserve Price
9.1. The Reserve Price of the blocks are as per the table below:
Reserve Price
Sl. No. Block Name (as per cent of Value of
Mineral Despatched)
1. Bhora-Kathra Limestone Block 10.00%
2. Majos Magnetite Block 5.00%
3. Bhanta Magnetite Block 5.00%
The “Value of Mineral Despatched” shall be an amount equal to the product

of-
(i) mineral despatched in a month; and
(ii) sale price of the mineral (grade-wise and State-wise) as published by

Indian Bureau of Mines for such month of despatch.
9.2. It is clarified that payment in accordance with the Final Price Offer shall be
required to be paid monthly in addition to the payment of royalty or dead rent,
payments to District Mineral Foundation and National Mineral Exploration
Trust and any other payments as applicable.
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July 31, 2024
10. Declaration of Successful Bidder and Grant of Mining Lease

Pursuant to Rule 10 of the Auction Rules, the mining lease shall be granted to the
Successful Bidder subject to the following:
10.1. Issuance of letter of intent:
10.1.1. As per Section 6 of the Act;
“(1) No person shall acquire in respect of any mineral or prescribed group of

associated minerals in a State-…….
(b) one or more mining leases covering a total area of more than ten square
kilometres;
Provided that if the Central Government is of the opinion that in the interest of
the development of any mineral or industry, it is necessary so to do, it may, for
reasons to be recorded in writing, increase the aforesaid area limits in respect of
prospecting licence or mining lease, in so far as it pertains to any particular
mineral, or to any specified category of deposits of such mineral, or to any
particular mineral located in any particular area.”
Accordingly, the State Government shall not issue a letter of intent without prior
approval from the Central Government in case the Bidder holds or may hold
(including the area relating to the auction hereunder) one or more Mining Leases
covering
i a total area of more than Ten square kilometers, in case of Limestone
mineral, in the State of Bihar.
ii a total area of more than Ten square kilometers, in case of Iron Ore mineral,
in the State of Bihar.
10.1.2. The Preferred Bidder shall submit the first instalment of the Upfront Payment
being INR [amount in figures] (Rupees [amount in words] within 15 (fifteen)
days after being declared as Preferred Bidder.
Provided that the State Government may, for reasons to be recorded in

writing, extend the period of 15 (fifteen) days by further 15 (fifteen) days.
10.1.3. In case the Preferred Bidder fails to submit the first instalment of the Upfront
Payment within the period or extended period mentioned above in Clause
10.1.2, the State Government shall:
(a) forfeit the Bid Security of the Preferred Bidder; and
(b) offer the Bidder who had submitted second highest price offer
in the second round of auction to meet the highest Final Price
Offer and if the said Bidder agrees to the said offer in writing
and submit the first instalment of Upfront Payment within 15
Page 24 of 115
July 31, 2024
(fifteen) days of receipt of offer, the State Government shall

declare said Bidder as the Preferred Bidder and issue Letter of
Intent in accordance with sub-rule (2) of Rule 10 of the Auction
Rules.
Provided that the State Government may, for reasons to be recorded in
writing, extend the period of 15 (fifteen) days referred to in this clause by
further 15 (fifteen) days.
10.1.4. A letter of intent, as per the format provided in Schedule VI, shall be issued by
the State Government to the Preferred Bidder within 15 (fifteen) days of receipt
of the first instalment of the Upfront Payment.
10.2. Declaration as a Successful Bidder:

The Preferred Bidder shall be considered to be the “Successful Bidder”
upon:
(a) continuing to be in compliance with all the terms and conditions of

eligibility;
(b) payment of the second instalment of the Upfront Payment which is

INR [amount in figures] (Rupees [amount in words]);
(c) furnishing an irrevocable and unconditional Performance Security to

the State Government from an Acceptable Bank and payable at Patna,
Bihar, pursuant to the Auction Rules and valid for an initial period of
5 (five) years. This Security should be valid for the period as
specified in Clause 4 of the MDPA, for an amount equal to INR
[amount in figures] (Rupees [amount in words]). Pursuant to sub-rule
(1) of rule 12 of the Auction Rules, the Performance Security shall
be adjusted every 5 (five) years so that it continues to correspond to
0.5% (zero point five per cent) of the reassessed Value of Estimated
Resources (determined in accordance with the Auction Rules)
including the value of any newly discovered mineral that may be
included in the Mining Lease deed on its discovery (provided that the
amount of performance security shall not exceed INR 500,00,00,000
(Rupees Five Hundred Crore)). In such case, bank guarantee
constituting the Performance Security shall be substituted with
another bank guarantee from an Acceptable Bank of the reassessed
value issued in accordance with this Clause 10.2, which is for the
revised amount or if the Performance Security has been provided
through a security deposit, additional amount towards security
deposit shall be provided; and
(d) satisfying the conditions specified in clause (b) of sub-Section (2) of

Section 5 with respect to a mining plan.
Page 25 of 115
July 31, 2024
10.3. Execution of Mine Development and Production Agreement:

The State Government and the Successful Bidder shall enter into the MDPA
upon the Successful Bidder having obtained all consents, approvals, permits,
no-objections and the like as may be required under Applicable Law for
commencement of mining operation.
10.4. Grant of mining lease:

The Successful Bidder shall pay the third installment being 60% (sixty per cent)
of the Upfront Payment subsequent to execution of the Mine Development and
Production Agreement, and upon such payment the State Government shall
grant a mining lease to the Successful Bidder. Upon such payment the State
Government shall execute the mining lease within a period of 30 (thirty) days
from the date of payment. The date of the commencement of the period for
which a mining lease is granted shall be the date on which a duly executed
mining lease deed is registered.
Provided that no mining lease deed shall be executed on expiry of a period of 3
(three) years from the date of the issuance of the letter of intent for mining lease,
and the letter of intent for mining lease shall be invalidated leading to annulment
of the entire auction process:
Provided further that the State Government may allow a further period of 2 (two)
years for execution of the mining lease deed if the reasons for delay were beyond
the control of the Preferred Bidder.
Page 26 of 115
July 31, 2024
11. Timetable
The following timetable shall apply to the tender process. The timetable may be
amended by the State Government through issuance of an addendum or a corrigendum
to the Tender Document.
S. No. Event Description Estimated Date
Stage I – E-auction process for selection of Preferred Bidder*

1. Publication of notice inviting tender in at least
1 (one) English national newspaper and 1 Wednesday, July 31, 2024
(one) local language newspaper
2. Commencement of sale of Tender
Wednesday, July 31, 2024
Document
3. Last date of receiving queries from Bidders [on
or before 17:00 hours (IST)] Wednesday, August 14, 2024
4. Pre-bid conference Wednesday, August 21, 2024
5. Last date for responses to queries by the State
Wednesday, August 28, 2024
Government
6. Last date for sale of Tender Document [on or
Friday, September 13, 2024
before 17:00 hours (IST)]
7. Bid Due Date (Technical + initial price offer)
[on or before 17:00 hours (IST)] Friday, September 20, 2024
8. Opening of the Technical Bids Monday, September 23, 2024
9. Start date for examination of the Technical Bids Monday, September 23, 2024
10. Training and mock-auctions for all the Bidders Thursday, September 26,
on e-auction platform by the e-auction platform 2024
provider To
Wednesday, October 09, 2024
11. Announcement of Technically Qualified
Bidders as per the tender document Monday, October 14, 2024
12. Opening of initial price offer, of only
Technically Qualified Bidders and intimation Tuesday, October 15, 2024
to Qualified Bidders 1 (one) day prior to the To
scheduled date of e-auction of the respective Thursday, October 17, 2024
mineral block (to Qualified Bidders only)
13. Conduct of ascending forward electronic Wednesday, October 16, 2024
auction and submission of Final Price Offer on To
the electronic auction platform Friday, October 18, 2024
14. Announcement of Preferred Bidder Thursday, October 17, 2024
To
Monday, October 21, 2024
15. Payment of first installment (20%) of Upfront Within 15 days from date
Payment by the Preferred Bidder for mining of declaration of Preferred
lease Bidder
Page 27 of 115
July 31, 2024
S. No. Event Description Estimated Date
16. Issuance of letter of intent by State Government Within 15 days from the
(T1) date of receipt of 1st
installment of Upfront
Payment
Stage II – Process for Grant of Mining Lease*
1. Submission of Performance Security and T2
mining plan along with second installment (last date of submission
(20%) of Upfront Payment by the Preferred is T1 + 2 years and 6
Bidder to become Successful Bidder months)
2. Issuance of order by State Government Up to T2 + 3 months
acknowledging Preferred Bidder as the
Successful Bidder subject to compliance with
all the terms and conditions of eligibility
3. Mine Development Production Agreement Up to T2 + 4 months
(MDPA) to be executed between State
Government & Successful Bidder upon
obtaining all consents, approvals, permits, no-
objections from various government
agencies/departments required under
applicable laws for commencement of mining
operations.
4. Payment of third installment (60%) of Upfront Up to T2 + 5 months
Payment
5. Mining Lease deed to be executed by State Up to T2 + 6 months
Government. (last date for execution
of Mining Lease deed is
T1 + 3 years)
Note:
• The timeline shown above is based on calendar days
• Due dates will be updated if any holidays are announced by government in the
intervening period.
• In case the day of completion of any requirement is falling due on a public holiday,
the day of completion shall be deemed to be due on the next successive working day.
Explanation- The expression “public holiday” includes Saturday, Sunday and any
other day declared to be a public holiday by the Central Government or the State
Government, as the case may be.
• The State Government reserves the right to update/ change or modify any of the
above dates.
* In case the bidder gets an extension from the State Government, the date will be
deemed to be extended for the duration of such extension.
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July 31, 2024
12. Payments by the Successful Bidder

12.1. Upfront Payment
The Upfront Payment paid by the Successful Bidder shall be adjusted in full at
the earliest against the amount payable in accordance with the percentage of
Value of Mineral Despatched quoted as the Final Price Offer on commencement
of production of mineral(s) as specified in MDPA.
12.2. Periodic payments

A holder of mining lease shall make such payments as specified in rule 13 of
the Auction Rules. It is clarified that, the holder of mining lease shall pay the
applicable payments quoted under Rule 8 of Auction Rules with respect to the
Value of Mineral Despatched or the minimum production and dispatch
requirement, as specified in the MDPA.
12.3. Interest
The State Government shall charge simple interest at the rate of 12% (twelve
per cent) per annum on any payment due to State Government which is delayed
beyond the due date thereof, as per rule 14 of Auction Rules.
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July 31, 2024
13. General conditions regarding tender process

13.1. Submission of Technical Bid
13.1.1. The Technical Bid shall comprise of the following:
(a) Bid letter in the format specified in Annexure 1 of Schedule I
(Format of bid letter);
(b) Bid Security by an Acceptable Bank in the form of a bank
guarantee for an amount equal to INR [amount in figures]
(Rupees [amount in words]) in the format specified in Annexure
II of Schedule I (Format of Bid Security), which shall be subject
to Clause 14;
(c) In case of Bidder being a company or a partnership firm, a power
of attorney in the format specified in Annexure III of Schedule I
(Format of power of attorney) authorising the signatory of the
bid to participate in the tender process and do all acts pursuant
thereto on behalf of the Bidder, including usage of the digital
signature on behalf of the Bidder. In case of Bidder being an
individual or sole proprietorship, power of attorney would not be
required if such individual/sole proprietor personally signs;
(d) Affidavit in the format specified in Annexure IV of Schedule I
(Format of affidavit); and
(e) In case of Bidder being a company or partnership firm,
(i) duly certified copy of the corporate authorisation, such
as board resolution in case of a company, or
(ii) authority letter (signed by all the partners) in case of a
partnership firm
authorising such company or partnership firm to participate in
the tender process and submit a bid, and authorising the person
signing the power of attorney on behalf of such company or
partnership firm, provided that such document should pre-date
the power of attorney as stated in Clause 13.1.1(c).
13.1.2. The Technical Bid shall be submitted on the electronic platform and the
duly executed original physical copies must be hand delivered either to
Mr. Md. Nayyer Iqubal (Director, DGM, Bihar) or Ms. Beena
Kumari (Mineral Development Officer)in an envelope with “Technical
Bid for [Insert Name of Mineral Block]” clearly written on it to the
following address so that they are received on or prior to the Bid Due
Date, failing which the Technical Bid shall be deemed to be not
received.
Page 30 of 115
July 31, 2024
The Director,
Mines and Geology Department,
Room No 50,Vikas Bhawan,
New Secretariat, Patna, Bihar
13.2. Language
The Bid and all communications in relation to or concerning the Tender
Document and the Bid are required to be in the English language.
13.3. Documents and information

The documents including this Tender Document and all attached documents,
provided by the State Government are and shall remain or become the properties
of the State Government and are transmitted to the Bidders solely for the
purpose of preparation and the submission of a bid in accordance herewith.
Bidders are required to treat all such information as strictly confidential and
shall not use it for any purpose other than for preparation and submission of
their bid. The provisions of this Clause shall also apply to bids and all other
documents submitted by the Bidders in relation to the bid, and the State
Government will not return to the Bidders any bid, document or any information
provided along therewith.
13.4. Overriding effect

If there is a conflict between the mining lease which is inclusive of the MDPA
and this Tender Document, the mining lease which is inclusive of the MDPA
would have overriding effect.
13.5. Cost of bidding

The Bidders shall be responsible for all of the costs associated with the
preparation of their bids and their participation in the tender process. The State
Government will not be responsible or in any way liable for such costs,
regardless of the conduct or outcome of the tender process.
13.6. Verification of information by the Bidders

13.6.1. It shall be deemed that by submitting a bid, the Bidder has:
(a) made a complete and careful examination of the Tender
Document and unconditionally and irrevocably accepted the
terms thereof;
(b) reviewed all relevant information provided by the State
Government, as may be relevant to the bid;
Page 31 of 115
July 31, 2024
(c) accepted the risk of inadequacy, error or mistake in the

information provided in the Tender Document or furnished by or
on behalf of the State Government relating to any of the matters
related to the e-auction process.
(d) satisfied itself about all matters regarding the e-auction process
for submitting an informed bid, in accordance with this Tender
Document and performance of all of its obligations;
(e) acknowledged and agreed that inadequacy, lack of completeness
or incorrectness of information provided in the Tender
Document or ignorance of any of the matters related to the e-
auction process hereinabove shall not be a basis for any claim
for compensation, damages, extension of time for performance
of its obligations, loss of profits etc. from the State Government,
or a ground for termination of the MDPA by the Successful
Bidder; and
(f) agreed to be bound by the undertakings provided by it under and
in terms hereof.
13.6.2. The State Government shall not be liable for any omission, mistake or
error in respect of any of the information provided or on account of any
matter or thing arising out of or concerning or relating to the Tender
Document or the tender process, including any error or mistake therein
or in any information or data given by the State Government.
13.7. Verification by the State Government and debarment

13.7.1. The State Government reserves the right to verify all statements,
information and documents submitted by the Bidder in response to the
Tender Document and the Bidder shall, when so required by the State
Government, make available all such information, evidence and
documents as may be necessary for such verification. Any such
verification or lack of such verification by the State Government shall
not relieve the Bidder of its obligations or liabilities hereunder nor will
it affect any rights of the State Government thereunder.
13.7.2. The State Government reserves the right to reject any bid, and forfeit
and appropriate the entire Bid Security or Performance Security, and any
instalment of the Upfront Payment paid, as may be applicable, if:
(a) at any time, a misrepresentation is made or uncovered,
(b) if the Bidder/Preferred Bidder/Successful Bidder engages in a
Corrupt Practice, Fraudulent Practice, Coercive Practice,
Undesirable Practice or Restrictive Practice as specified in
Clause 15 of this Tender Document;
(c) the Bidder does not provide, within the time specified by the
State Government, the supplemental information sought by the
State Government for evaluation of the bid, or
Page 32 of 115
July 31, 2024
(d) any act or omission of the Bidder/Preferred Bidder/Successful

Bidder results in violation of or non- compliance with the Act,
the Rules thereunder, this Tender Document, or any other
document referred therein or issued pursuant thereto or any
Applicable Law relevant for the tender process, including, but
not limited to:
(i) if the Preferred Bidder fails to furnish the Performance
Security or extend the Bid Security or submit the fresh/
revised Bid Security or make any instalment of Upfront
Payment (first, second and/or third) as prescribed in this
Tender Document;
(ii) failure to execute the MDPA and/or Mining Lease deed

with the State Government within the timelines
prescribed in the Auction Rules;
(iii) failure to furnish unconditional acceptance of the terms

and conditions of Letter of Intent along with relevant
authorization within the timeline prescribed in the Letter
of Intent.
(e) if the Bidder or its Affiliate(s) submits more than 1 (one) bid for
the said Mineral Block.
Any rejection of a bid under this Clause 13.7.2 may lead to the Bidder
being debarred by the State Government from participating in the future
auction of mineral blocks conducted by the State Government under the
provisions of the Auction Rules for 3 (three) years from the date of such
debarment.
13.7.3. In the aforementioned events, the State Government shall be entitled to
forfeit and appropriate the Bid Security or Performance Security and any
instalment of the Upfront Payment paid, as the case may be, without
prejudice to any other right or remedy that may be available to the State
Government under the Tender Document, or otherwise, without any
liability whatsoever.
13.8. Amendment of Tender Document

13.8.1. At any time prior to the Bid Due Date, the State Government may, for
any reason, whether at its own initiative or in response to clarifications
requested by a Bidder, amend the Tender Document.
13.8.2. Any amendment issued hereunder will be in writing and shall be
accessible to all the Bidders and shall be deemed to be part of the Tender
Document.
13.8.3. In order to afford the Bidders a reasonable time for taking an amendment
into account, or for any other reason, the State Government may, in its
sole discretion, extend the Bid Due Date in accordance with Clause 13.9.
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July 31, 2024
13.9. Bid Due Date and extension

13.9.1. Technical Bids should be uploaded and the documents required to be
submitted physically in original pursuant to Clause 13.1.2 must be
received on or before the Bid Due Date. Technical Bids received by the
State Government after the specified time on the Bid Due Date shall not
be eligible for consideration and shall be summarily rejected.
13.9.2. The State Government may, in its sole discretion, extend the Bid Due
Date by issuing an amendment that is made available to all Bidders.
13.10. Modifications/ substitution/ withdrawal of bids

13.10.1. The Bidder may modify, substitute or withdraw its Technical Bid after
submission, prior to the Bid Due Date. No Technical Bid shall be
modified, substituted or withdrawn by the Bidder after the scheduled
closing time for Bid submission on the Bid Due Date, unless the same
has been expressly sought by the State Government.
13.11. Rejection of bids

13.11.1. Notwithstanding anything contained in this Tender Document, the
State Government reserves the right to reject any bid and/or to annul the
tender process and reject all bids at any time without any liability or any
obligation for such acceptance, rejection or annulment, and without
assigning any reasons thereof.
13.11.2. In case such cancellation is pursuant to non-compliance by the relevant
Bidders vis-à-vis submissions of bid then the State Government reserves
the right to appropriate the relevant Bid Security submitted by such non-
compliant Bidders.
13.11.3. The State Government reserves the right not to proceed with the tender
process at any time, without notice or liability, and to reject any bid
without assigning any reasons.
13.11.4. Without prejudice to the generality of the foregoing, the State
Government reserves the right to reject any bid on any criteria specified
in this Tender Document, including without limitation, the following:
(a) bids have not been submitted with all the information and details
listed in this Tender Document.
(b) bid is not conforming to the terms of Clause 8.1A(b) of this
Tender Document.
(c) bids have been submitted without Bid Security or period of
validity.
(d) bids have otherwise not been submitted in accordance with the
Tender Document.
13.12. Validity of bids
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The initial price offer must be valid for a period of not less than 180 (one
hundred and eighty) days from the Bid Due Date. If the second round of e-
auction is not conducted within a period of 180 (one hundred and eighty) days
from the Bid Due Date, then the e-auction process will be annulled.
13.13. Change affecting the Bidder

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

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

A Bidder shall submit only 1 (one) bid in an auction of a Mineral Block. No
Affiliate of such Bidder shall submit a bid in the same auction where such
Bidder has submitted a bid. In case a Bidder submits more than 1 (one) bid in
an auction of a Mineral Block or an Affiliate of the Bidder submits a bid in same
auction where such Bidder has submitted a bid, the bids submitted by the Bidder
and its Affiliate shall be rejected.
For the purpose of this Tender Document:
(i) “Affiliate” with respect to a Bidder shall mean a person who: (a) controls
such Bidder, (b) is controlled by such Bidder, (c) is under common control
with such Bidder, (d) is an associate company of the Bidder, or (e) is a
subsidiary company of such Bidder.
(ii) the terms “associate company”, “control” and “subsidiary company”

shall have the same meanings as assigned to them in the Companies Act,
2013 (18 of 2013).
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14. Bid Security

14.1. The Bidder shall furnish as part of its Technical Bid, a security in the form of a
bank guarantee by an Acceptable Bank and payable at Patna, Bihar in favour of
the State Government in substantially the same format as prescribed at
Annexure II of Schedule I (Format of Bid Security), and having a validity period
of not less than 300 (three hundred) days from the date of issuance of the Notice
Inviting Tender (i.e. the Bid Security shall be valid until Tuesday, May 27,
2025, exclusive of a claim period of at least 60 (sixty) days, and may be
substituted with another bank guarantee of the same value issued in accordance
with this Clause 14, which is valid for an extended period as may be mutually
agreed between the State Government and the Bidder from time to time.
14.2. The Bid Security shall be for INR [amount in figures] (Rupees [amount in
words]). The particulars of beneficiary are set out as below:
Name of Beneficiary Joint Secretary, Department of Mines & Geology
Bank Name State Bank of India
Account No. 40538975875
IFSC Code SBIN0006379
14.3. Save and except as provided in this Tender Document, the Bid Security of
unsuccessful Bidders will be returned by the State Government, without any
interest, within a period of 4 (four) weeks from the date of conclusion of the
second round of the e-auction process or annulment of the tender process as per
the provisions of the Tender Document, whichever is earlier. Notwithstanding
the foregoing, the Bid Security of the Qualified Bidder who has submitted the
second highest Final Price Offer will be retained until the earlier of the
following: (i) the issuance of the Letter of Intent to Qualified Bidder who has
been declared as the Preferred Bidder pursuant to Clause 8.1(B)(c), or (ii) the
provision of the Performance Security by such second highest Bidder pursuant
to it having been declared as the Preferred Bidder in terms of Clause 10.1.2, or
(iii) annulment of the tender process as per the provisions of the Tender
Document.
14.4. The Preferred Bidder’s Bid Security will be returned by the State Government,
without any interest, upon furnishing of the Performance Security in accordance
with the provisions thereof and consequently the Preferred Bidder’s Bid
Security shall remain valid until the time Performance Security is provided.
14.5. The State Government shall be entitled to forfeit and appropriate the Bid
Security as damages, amongst others in any of the events specified in this
Tender Document. The Bidder, by submitting its bid pursuant to this Tender
Document, shall be deemed to have acknowledged and confirmed that the State
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July 31, 2024
Government will suffer loss and damage on account of withdrawal of its bid or
for any other default by the Bidder during the period of bid validity as specified
in this Tender Document. No relaxation of any kind on Bid Security shall be
given to any Bidder.
14.6. The Bid Security shall be forfeited as damages without prejudice to any other
right or remedy that may be available to the State Government under the Tender
Document and/, or otherwise, under, inter alia, the following conditions:
(a) If a Bidder submits a Technical Bid which is not conforming to this
Tender Document, the Act or the Rules framed thereunder or submits an
initial price offer which is less than the Reserve Price;
(b) If a Bidder engages in a Corrupt Practice, Fraudulent Practice, Coercive
Practice, Undesirable Practice or Restrictive Practice as specified in
Clause 15 of this Tender Document;
(c) If a Bidder withdraws its bid during the period of bid validity as
specified in this Tender Document or as extended by mutual consent of
the respective Bidder(s)and the State Government;
(d) If the Preferred Bidder fails to furnish the Performance Security or
extend the Bid Security or submit the fresh/ revised Bid Security or
make any instalment of Upfront Payment (first, second and/ or third) as
prescribed in this Tender Document.
(e) In the case of all such Qualified Bidders who have submitted the highest
initial price offer i.e. the Applicable Floor Price, if the auction process
is annulled due to non-submission of at least 1 (one) Final Price Offer
on the electronic auction platform.
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July 31, 2024
15. Fraud and Corrupt Practices

15.1. The Bidders and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the tender process and subsequent
to the grant of the mining lease. Notwithstanding anything to the contrary
contained herein, the State Government may reject a bid, withdraw the mining
lease, or terminate the MDPA, as the case may be, without being liable in any
manner whatsoever to the Bidder, Technically Qualified Bidder, Preferred
Bidder, or the Successful Bidder, as the case may be, if the State Government
determines that the Bidder, Technically Qualified Bidder, Preferred Bidder, or
Successful Bidder, as the case may be, has, directly or indirectly or through an
agent, engaged in Corrupt Practice, Fraudulent Practice, Coercive Practice,
Undesirable Practice or Restrictive Practice in the tender process. In such an
event, the State Government shall be entitled to forfeit and appropriate the entire
Bid Security or Performance Security, as the case may be, and any instalment
of the Upfront Payment paid, as may be applicable, as damages, without
prejudice to any other right or remedy that may be available to the State
Government under the Tender Document and/ or otherwise.
15.2. Without prejudice to the rights of the State Government under Clause 15.1
herein above and the rights and remedies which the State Government may have
under the mining lease or the MDPA, otherwise if a Bidder, Preferred Bidder or
Successful Bidder, as the case maybe, is found by the State Government to have
directly or indirectly or through an agent, engaged or indulged in any Corrupt
Practice, Fraudulent Practice, Coercive Practice, Undesirable Practice or
Restrictive Practice during the tender process, or after the grant of the mining
lease or the execution of the MDPA, such Bidder or Successful Bidder shall not
be eligible to participate in any tender or Tender Document issued by the State
Government during a period of 5 (five) years from the date such Bidder or
Successful Bidder, as the case maybe, is found by the State Government to have
directly or indirectly or through an agent, engaged or indulged in any Corrupt
Practice, Fraudulent Practice, Coercive Practice, Undesirable Practice or
Restrictive Practices, as the case maybe.
15.3. For the purposes of this Tender Document, the following terms shall have the
meaning hereinafter respectively assigned to them:
(a) “Corrupt Practice” means (i) the offering, giving, receiving, or
soliciting, directly or indirectly, of anything of value to influence the
actions of any person connected with the tender process (for avoidance
of doubt, offering of employment to or employing or engaging in any
manner whatsoever, directly or indirectly, any official of the State
Government who is or has been associated in any manner, directly or
indirectly, with the tender process or arising therefrom, before or after
the execution thereof, at any time prior to the expiry of 1 (one) year from
the date such official resigns or retires from or otherwise ceases to be in
the service of the State Government, shall be deemed to constitute
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July 31, 2024
influencing the actions of a person connected with the tender process);

or (ii) save and except as permitted under this Tender Document,
engaging in any manner whatsoever, whether during the tender process
or after the grant of the mining lease or after the execution of the MDPA,
as the case maybe;
(b) “Fraudulent Practice” means a misrepresentation or omission of facts
or suppression of facts or disclosure of incomplete facts, in order to
influence the tender process;
(c) “Coercive Practice” means impairing or harming, or threatening to
impair or harm, directly or indirectly, any person or property to influence
any person’s participation or action in the tender process;
(d) “Undesirable Practice” means (i) establishing contact with any person
connected with or employed or engaged by the State Government with
the objective of canvassing, lobbying or in any manner influencing or
attempting to influence the tender process;(ii)having a conflict of
interest; or (iii) violating of any Applicable Law; and
(e) “Restrictive Practice” means forming a cartel or arriving at any
understanding or arrangement among Bidders with the objective of
restricting or manipulating a full and fair competition in the tender
process.
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July 31, 2024
16. Other Provisions

16.1. Exploration Obligation
The holder of a mining lease shall complete detailed exploration (G1 level
exploration) and prepare a detailed feasibility study report conforming to Part
IV and V of the Mineral (Evidence of Mineral Contents) Rules, 2015 over the
entire area under the mining lease, within a period of 5 (five) years from the
date of commencement of such mining lease.
16.2. Governing law
The tender process shall be governed by, and construed in accordance with, the
laws of India.
16.3. Right of State Government
16.3.1. The State Government, in its sole discretion and without incurring any
obligation or liability, reserves the right, at any time, to;
(a) Suspend and/or cancel the tender process and/or amend and/or
supplement the tender process or modify the dates or other terms
and conditions relating thereto;
(b) Consult with any Bidder in order to receive clarification or
further information;
(c) Retain any information and/ or evidence submitted to the State

Government by, on behalf of, and/or in relation to any Bidder;
and/or
(d) Independently verify, disqualify, reject and/ or accept any and

all submissions or other information and/or evidence submitted
by or on behalf of any Bidder.
16.3.2. It shall be deemed that by submitting the bid, the Bidder agrees and
releases the State Government, its employees, agents and advisers,
irrevocably, unconditionally, fully and finally from any and all liability
for claims, losses, damages, costs, expenses or liabilities in any way
related to or arising from the exercise of any rights and/ or performance
of any obligations hereunder, pursuant hereto and/ or in connection with
the tender process and waives, to the fullest extent permitted by
Applicable Law, any and all rights and/or claims it may have in this
respect, whether actual or contingent, whether present or in future.
16.4. Proprietary data
All documents and other information supplied by a Bidder to the State
Government shall remain with the State Government.
16.5. Jurisdiction
In any event of dispute arising out of process of e-auction, the courts of Patna
shall only have the jurisdiction.
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July 31, 2024
Schedule I: Format of Technical Bid

A. General instructions:
The Technical Bid comprises of the following documents:
(a) Bid letter in the format specified in Annexure I (Format of bid letter);
(b) Bid Security in form of a bank guarantee for an amount equal to INR [amount
in figures] (Rupees [amount in words]) in the format specified in Annexure II
(Format of Bid Security);
(c) In case of Bidder being a company or a partnership firm, a power of attorney in
the format specified in Annexure III (Format of power of attorney) authorising
the signatory of the bid to participate in the tender process and do all acts
pursuant thereto on behalf of the Bidder, including usage of the digital signature
on behalf of the Bidder. In case of Bidder being an individual or sole
proprietorship, power of attorney would not be required if such individual/sole
proprietor personally signs; and
(d) In case of Bidder being a company or partnership firm,
(i) duly certified copy of the corporate authorisation, such as board resolution
in case of a company or
(ii) authority letter (signed by all the partners) in case of a partnership firm
authorising such company or partnership firm to participate in the tender process
and submit a bid, and authorising the person signing the power of attorney on
behalf of such company or partnership firm, provided that such document
should pre-date the power of attorney stated above in (c);
(e) Affidavit in the format specified in Annexure IV (Format of affidavit).
(f) The power of attorney stated in (c) above should pre-date the Bid Letter and
affidavit and other documents submitted as part of the Technical Bid;
All the aforementioned documents are required to be uploaded on the electronic auction
platform and the original physical copy must be despatched in accordance with Clause
13.1.2 so that they are received on or prior to the Bid Due Date, failing which the
Technical Bid shall be deemed to be not received.
Specific instructions for submission of each of the aforementioned documents are
provide below in each part.
B. Instructions for submission of the Bid Letter

(a) The bid letter must be printed on the letterhead of the Bidder, if the Bidder is a
company, partnership firm or other association of individuals. In case the Bidder
is an individual/sole proprietorship, it may be printed on plain paper.
(b) The bid letter must be signed on each page for and on behalf of the Bidder by
the Authorised Signatory of the Bidder on each page, in case the Bidder is a
company/partnership firm. In case the Bidder is an individual/sole
proprietorship, the Bidder must personally sign each page of the bid letter.
(c) It is recommended that the Bidder may authorise 1 (one) person to deal with all
matters related to bid. However, if the Bidder has authorised more than 1 (one)
person, then the corporate authorisation of all such persons should be enclosed.
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July 31, 2024
If the Bidder has authorised a person other than the Authorised Signatory for
usage of the digital signature on behalf of the Bidder, then the duly certified
copy of the corporate authorisation such as board resolution in case of a
company or authority letter (signed by all the partners) in case of a partnership
firm in respect of such other person should be enclosed. Any change in such
corporate authorisation must be immediately intimated to the State Government.
(d) Documents to evidence compliance with the eligibility conditions must be
enclosed with the bid letter, duly certified by the Authorised Signatory. Such
documents must include:
(i) Certificate of registration/incorporation of the Bidder which is a
company, sole proprietorship, or partnership firm, and copy of
passport(s) of the individual, sole proprietor or partners, as the case may
be, in case Bidder is an individual, sole proprietor or partnership firm. In
case an individual, sole proprietor or partner(s) of a partnership firm does
not have a passport, they may submit an affidavit stating that they do not
hold a passport and they are a citizen of India. Such individual, sole
proprietor or partner(s) of a partnership may submit a copy of any
Government of India issued photo ID and address proof.
(ii) In case the Bidder is a partnership firm or association of individuals, the

constituent documents along with particulars of all the members of the
partnership firm or association of individuals. Each member of the
partnership firm or association of individuals would be required to
comply with the requirements prescribed in the Tender Documents with
respect to submission of documents.
(iii) Net worth certificate issued by: (a) In case of a company, statutory
auditors of the Bidder (certificate should clearly mention that it has been
issued by the statutory auditor of the company and the net worth stated
therein is the sum of the paid up share capital and the free reserves, in
terms of Explanation No 2 and/ or No. 3 to the Schedule I of Auction
Rules. In case the net worth of the Bidder’s holding company is
considered, the shareholding pattern establishing the relationship
between such holding company and the Bidder shall be as of the last day
of the financial year considered in terms of Explanation No. 2 and/ or
No. 3 to the Schedule I of Auction Rules); (b) In case of a partnership
firm, certificate should clearly mention that it has been issued by the
chartered accountant, and the net worth stated therein is as per the
partners’ capital account, and is equivalent to the sum of the paid up
share capital and the free reserves of a company, in terms of Explanation
No 2 to the Schedule I of Auction Rules; (c) In case of an individual or
sole proprietorship, certificate issued by a chartered accountant
regarding the total amount as closing cash balance including un-
encumbered immovable property, derived as per Clauses 5(b) and 5(c)
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July 31, 2024
of the Tender Document. The certificate shall have a list of all

immovable property owned by the said individual/sole proprietorship
along with its valuation (which shall have to be certified by the chartered
accountant), and an undertaking from the individual/sole proprietorship
on a stamp paper (as a part of affidavit) of adequate value stating, inter
alia, that the immovable property is un-encumbered and free from all
charges (including, not limited to, lien, mortgage, and pledge), and that
the said individual/sole proprietorship is the owner of the immovable
property.
Further, for the computation of the Bidder’s net worth, if an individual

includes the properties owned by their sole proprietorship, or a sole
proprietorship of such individual includes the properties owned by the
individual, then either of the following shall be submitted, as applicable:
A. A certificate from the bank in which such sole proprietorship has
a current account certifying that the individual is the proprietor of
the sole proprietorship; or
B. GST registration certificate clearly showing the details of the
sole proprietorship.
(iv) Particulars of the mineral concession (mining lease, composite licence,
reconnaissance permit or prospecting licence) held by the Bidder and/ or
its affiliates for the purpose of Section 6 as applicable.
(v) Shareholding pattern including name of the promoter(s)/ owner(s) as on

March 31 of the relevant financial year and the latest financial year,
certified by the statutory auditor/ Company Secretary
C. Instructions for submission of the Bid Security
(a) The Bid Security must be in form of a bank guarantee for an amount equal to
INR [amount in figures] (Rupees [amount in words]). The particulars of
beneficiary are set out as below:
Name of Beneficiary Joint Secretary, Department of Mines & Geology
Bank Name State Bank of India
Account No. 40538975875
IFSC Code SBIN0006379
(b) The Bid Security may be issued at any place in India by an Acceptable Bank
(Scheduled Bank as listed in the Second Schedule of the Reserve Bank of India
Act, 1934, excluding those listed under the headings of Gramin Banks, Urban
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July 31, 2024
Co-operative Banks and State Co-operative Banks) and must be payable at

Patna, Bihar.
(c) The Bid Security must have a validity period of not less than 300 (three
hundred) days from the date of issuance of Notice Inviting Tender (i.e. the Bid
Security shall be valid until Tuesday, May 27, 2025, exclusive of a claim period
of at least 60 (sixty) days.
(d) The Bid Security must be stamped in accordance with Applicable Law.
(e) Bidder shall provide electronic confirmation (Structured Financial Messaging

System) of the Bid Security.
D. Instructions for submission of the Power of Attorney
(a) The power of attorney must be issued in India in accordance with Applicable
Law and it must be in issued in accordance with the constitutional documents
of the Bidder after obtaining all corporate approvals as may be required. In case
of a company, the extract of constitutional documents and certified copies of the
corporate authorisations, such as board resolution, must be enclosed with the
power of attorney.
(b) The power of attorney must be issued under the common seal, if any.
(c) The power of attorney must be stamped in accordance with Applicable Laws
and notarised.
(d) The power of attorney must be issued in the name of a person who is in full time
employment of the Bidder.
E. Instructions for submission of the Affidavit
(a) The affidavit must be executed in India in accordance with Applicable Law and
it must be in issued in accordance with the constitutional documents of the
Bidder after obtaining all corporate approvals as may be required.
(b) The affidavit must be stamped in accordance with Applicable Law and
notarised.
(c) The affidavit must be signed by a person who is in full time employment of the
Bidder and duly authorised to sign the same.
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Annexure I: Format of Bid Letter
Bid Letter
(On the letter head of the Bidder. Each page of the letter to be signed by the Authorised
Signatory)
[date]
To,
The Director,
Vikas Bhawan, New Secretariat,
Patna, Bihar
Sub: Bid letter for [insert name of Mineral Block] (Insert Name of Bidder and
MSTC Registration number of Bidder)
Ref: Tender Document dated Wednesday, July 31, 2024 (“Tender Document”)
Dear Sir,
I/We having examined the Tender Document and understood their contents, hereby
submit my/our Technical Bid. Capitalised expressions used in this letter have the same
meaning as ascribed thereto in the Tender Document.
1. The Technical Bid is unconditional and unqualified.

2. I/We have reviewed the terms of the Tender Document and hereby
unconditionally and irrevocably accept, agree and acknowledge the terms thereof.
3. I/We acknowledge that the State Government will be relying on the information
provided in the Technical Bid and the documents accompanying the Technical
Bid for selection of the Preferred Bidder and subsequent selection of the
Successful Bidder, and I/we certify that all information provided therein is true
and correct; nothing has been omitted which renders such information
misleading; and all documents accompanying the Technical Bid are true copies
of their respective originals.
4. This statement is made for the express purpose of my/our participation in the
tender process and possible selection as Successful Bidder.
5. I/We/our members/partners hereby confirm that I/we/our members/partners
satisfy all the eligibility conditions prescribed in the Tender Document. Specific
confirmations with respect to my/our compliance with the eligibility conditions
Page 45 of 115
July 31, 2024
are provided below:

(a) [Insert separate paragraphs for compliance with each of the eligibility conditions
of the Tender Documents, with specific reference to enclosed documents as
mentioned in the instructions.
(b) [We shall continue to be a subsidiary of [name of holding company] whose net
worth has been considered for meeting the terms and conditions of eligibility until
such time we meet the aforementioned net worth threshold].
6. [For the purposes of Section 6 I/ we/ our members/ partners/ my/ our affiliates do
not hold any mineral concession (including a reconnaissance permit, prospecting
licence, composite licence, and/or mining lease) in the State of Bihar.] OR [For
the purposes of Section 6 I/ we/ our members/ partners/ my/ our affiliates hold
the following mineral concessions in the State of Bihar:
Provide details of the mineral concessions (including a reconnaissance permit,
prospecting licence, composite licence, and/or mining lease) held by the Bidder
and/ or its affiliates including any Letter of Intent issued.]
Details of Mining Leases / LoIs for Mining Leases
Sr. No. Block Name District Mineral Name Area (in Hectares)
1.
2.
(insert additional rows if needed)
Details of Composite Licence or Prospecting Licence/ LoIs for Composite

Licence or Prospecting Licence
Sr. No. Block Name District Mineral Name Area (in Hectares)
1.
2.
(insert additional rows if needed)
(Note: Bidders may insert similar tables if they hold any reconnaissance permit,
prospecting licence in the state)
7. [I/ We/ our members/ partners/ my/ our affiliates are not simultaneously
participating in any other auction of mineral concession which may result in grant
of a mineral concession in the State of Bihar] OR [I/ We/ our members/ partners/
my/ our affiliates are simultaneously participating in following auction(s) of
mineral concession which may result in grant of a mineral concession in the State
of Bihar:
Provide details of the mineral concessions which may be granted if the Bidder/
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July 31, 2024
members/ partners is successful in another auction.]

8. I/We hereby acknowledge that if we submit or produce any document and it is
discovered subsequently that such document was false or incorrect then I/we shall
be liable under the Applicable Law for the time being in force.
9. I/We shall make available to the State Government any additional information it
may find necessary or require to supplement or to authenticate the Technical Bid.
10. I/We acknowledge the right of the State Government to reject my/our Technical
Bid and/or the Final Price Offer without assigning any reason or otherwise and
hereby waive, to the fullest extent permitted by Applicable Law, my/our right to
challenge the same on any account whatsoever.
11. I/We declare that:
a) I/We have examined and understood the Act, all Rules framed thereunder, the
Tender Document and all documents referred therein including the
Information Memorandum;
b) I/We have examined and have no reservations to the Tender Document,
including any addendum issued by the State Government;
c) I/We have not directly or indirectly or through an agent engaged or indulged
in any Corrupt Practice, Fraudulent Practice, Coercive Practice, Undesirable
Practice or Restrictive Practice, as defined in the Tender Document, in respect
of any tender or request for proposal issued by or any agreement entered into
with the State Government or any other public sector enterprise or any
government, central or state; and
d) I/We hereby certify that we have taken steps to ensure that in conformity with
the provisions of Clause 15 of the Tender Document, no person acting for
me/us or on my/our behalf has engaged or will engage in any Corrupt Practice,
Fraudulent Practice, Coercive Practice, Undesirable Practice or Restrictive
Practice.
e) I/We have not been convicted of illegal mining.
f) No mining dues or outstanding payments are pending with Government of
Bihar for a period more than 60 (sixty) days after the due date.
g) There are no pending or threatened litigations or legal or quasi-legal
proceedings against me/us which may impact my/our ability to perform
my/our obligations under the Tender Document, the letter of intent, the
MDPA, the Mining Lease deed, the Act and/or the Auction Rules.
h) I/ We unconditionally and irrevocably accept and agree that I/ we shall be
bound by (i) the enactment, bringing into effect, adoption, promulgation,
amendment, modification or repeal of any Applicable Laws (including the Act
and Rules) occurring at any time, including prior to or after the Bid Due Date.
12. I/We understand that you may cancel the tender process at any time and that you
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are neither bound to accept any bid that you may receive nor to invite the Bidders
to bid, without incurring any liability to the Bidders, in accordance with the
Tender Document.
13. I/We hereby irrevocably waive any right or remedy which I/we may have at any
stage at law or howsoever otherwise arising to challenge or question any decision
taken by the State Government in connection with the selection of the Preferred
Bidder, or in connection with the tender process itself, in respect of the Tender
Document and the terms and implementation thereof.
14. In the event of I/we being declared as the Successful Bidder, I/we agree to enter
into MDPA and other documents in accordance with the Tender Document and
pay such amounts and provide such security as required therein.
15. I/We have ensured compliance with the Tender Document and to the best of
my/our knowledge this bid is conforming to the terms thereof.
16. I/We agree and understand that the Bid is subject to the provisions of the Tender
Document. In no case, I/we shall have any claim or right of whatsoever nature if
the mining lease is not awarded to me/us or my/our bid is not opened or rejected.
17. The initial price offer has been and the Final Price Offer shall be quoted by me/us
after taking into consideration all the terms and conditions stated in the Tender
Document, MDPA, my/our own estimates of costs and feasibility and after a
careful assessment of the geological and other information, the Information
Memorandum and the proposed mining lease and all the conditions that may
affect the utilisation of minerals.
18. I/We shall keep this offer valid for 180 (one hundred and eighty) days from the
Bid Due Date specified in the Tender Document.
19. I/ We have submitted only 1 (one) Bid for the Mineral Block in accordance with
the terms of the Tender Document. No Affiliate(s) of [mine/ ours] has submitted
a Bid for said Mineral Block. I/ We agree and understand that, in case any
Affiliate(s) of [mine/ ours] also submits a Bid for said Mineral Block, the Bids
submitted by [me/ us] and [my/ our] Affiliate(s) will be rejected.
In witness thereof, I/we submit this bid letter forming part of my/our Technical Bid
under and in accordance with the terms of the Tender Document.
Yours faithfully,
For and on behalf of [insert name of the Bidder]
(Signature, name and designation of the Authorised signatory)
Date:
Place:
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Enclosed:
(a) [list and description of documents enclosed]
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July 31, 2024
Annexure II: Format of Bid Security

[Adequate stamp duty to be paid by the Bidder with respect to this document.]
Bank Guarantee
[Bank Guarantee.No.]
[date]
To,
The Director,
Vikas Bhawan, New Secretariat,
Patna, Bihar
1. In consideration of you, being the State Government of Bihar (“State Government”, which
expression shall unless it be repugnant to the subject or context thereof include its,
successors and assigns) having agreed to receive, pursuant to the provisions of the Tender
Document dated Wednesday, July 31, 2024, the bid of [Name of the Bidder] [a company
registered under the Companies Act, (1956/2013)] and having its registered office at
[Address of the Bidder] OR [an individual/ sole proprietorship who is citizen of India,
having income tax permanent account number [number], residing at [address]] OR
[partnership firm/association of individuals], all of whom are Indian citizens and resident
in India] (“Bidder”), for the e-auction pursuant to the Tender Document for the [insert
name of Mineral Block] (“Mineral Block”) dated Wednesday, July 31, 2024 (“Tender
Document”), we [Name of the Bank] having our registered office at [address of the
registered office] and one of its branches located at Patna, Bihar, [name and address of the
branch] (“Bank”), at the request of the Bidder, do hereby in terms of the Tender Document,
irrevocably, unconditionally and without reservations guarantee the due and faithful
fulfilment and compliance of the terms and conditions of the Tender Document by the
Bidder and unconditionally and irrevocably undertake to pay forthwith to the State
Government an amount of INR [amount in figures] (Rupees [amount in words])
(“Guarantee”) as our primary obligation without any demur, reservation, recourse, contest
or protest and without reference to the Bidder, if the Bidder shall fail to fulfil or comply
with all or any of the terms and conditions contained in the Tender Document.
2. Any such written demand made by the State Government stating that the Bidder is in default
of the due and faithful fulfilment and compliance with the terms and conditions contained
in the Tender Document shall be final, conclusive and binding on the Bank.
3. We, the Bank, do hereby unconditionally undertake to pay the amounts due and payable
under this Guarantee without any demur, reservation, recourse, contest or protest and
without any reference to the Bidder or any other person and irrespective of whether the
claim of the State Government is disputed by the Bidder or not, merely on the first demand
from the State Government stating that the amount claimed is due to the State Government
by reason of failure of the Bidder to fulfil and comply with the terms and conditions
contained in the Tender Document. Any such demand made on the Bank shall be conclusive
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as regards amount due and payable by the Bank under this Guarantee. However, our
liability under this Guarantee shall be restricted to an amount not exceeding INR [amount
in figures] (Rupees [amount in words]).
4. This Guarantee shall be irrevocable and remain in full force for a period of not less than
300 (three hundred) days from the date of issuance of Notice Inviting Tender (i.e. the bid
security shall be irrevocable and remain in full force until Tuesday, May 27, 2025,
exclusive of a claim period of at least 60 (sixty) days or for such extended period as may
be mutually agreed between the State Government and the Bidder, and agreed to by the
Bank, and shall continue to be enforceable till all amounts under this Guarantee have been
paid.
5. We, the Bank, further agree that the State Government shall be the sole judge to decide as
to whether the Bidder is in default of due and faithful fulfilment and compliance with the
terms and conditions contained in the Tender Document including, amongst others, the
failure of the Bidder to keep its bid open during the bid validity period set forth in the
Tender Document, and the decision of the State Government that the Bidder is in default
as aforesaid shall be final and binding on us, notwithstanding any differences between the
State Government and the Bidder or any dispute pending before any court, tribunal,
arbitrator or any other authority.
6. The Guarantee shall not be affected by any change in the constitution or winding up of the
Bidder or the Bank or any absorption, merger or amalgamation of the Bidder or the Bank
with any other person.
7. In order to give full effect to this Guarantee, the State Government shall be entitled to treat
the Bank as the principal debtor. The State Government shall have the fullest liberty without
affecting in any way the liability of the Bank under this Guarantee from time to time to
vary any of the terms and conditions contained in the Tender Document or to extend time
for fulfilment and compliance with all or any of the terms and conditions contained in the
Tender Document by the said Bidder or to postpone for any time and from time to time any
of the powers exercisable by it against the said Bidder and either to enforce or forbear from
enforcing any of the terms and conditions contained in the Tender Document or the
securities available to the State Government, and the Bank shall not be released from its
liability under these presents by any exercise by the State Government of the liberty with
reference to the matters aforesaid or by reason of time being given to the said Bidder or any
other forbearance, act or omission on the part of the State Government or any indulgence
by the State Government to the said Bidder or by any change in the constitution of the State
Government or its absorption, merger or amalgamation with any other person or
governmental department or instrumentality, but for this provision, have the effect of
releasing the Bank from its such liability.
8. Any notice by way of request, demand or otherwise hereunder shall be sufficiently given
or made if addressed to the Bank and sent by courier or by registered mail to the Bank at
the address set forth herein.
9. We undertake to make the payment on receipt of your notice of claim on us addressed to
[name of Bank along with branch address at Patna, Bihar] and delivered at our above branch
which shall be deemed to have been duly authorised to receive the said notice of claim.
10. It shall not be necessary for the State Government to proceed against the said Bidder before
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proceeding against the Bank and the guarantee herein contained shall be enforceable
against the Bank, notwithstanding any other security which the State Government may have
obtained from the said Bidder or any other person and which shall, at the time when
proceedings are taken against the Bank hereunder, be outstanding or unrealised.
11. We, the Bank, further undertake not to revoke this Guarantee during its currency except
with the previous express consent of the State Government in writing.
12. The Bank declares that it has power to issue this Guarantee and discharge the obligations
contemplated herein, the undersigned is duly authorised and has full power to execute this
Guarantee for and on behalf of the Bank.
13. Notwithstanding anything contained herein,
a. the liability of the Bank under this Guarantee shall not exceed the Guarantee amount
i.e. INR [amount in figures] (Rupees [amount in words]).
b. This Guarantee shall be valid up to Tuesday, May 27, 2025.
c. This Guarantee shall be payable at [Patna], [address of branch of the bank at Patna,
Bihar]
d. This Guarantee may be verified by contacting the bank at
Address of the Bank [insert address of the Bank]
Name of the Contact Person [insert name of Contact Person at the Bank]
Phone No: [insert Phone No of Contact Person at the Bank]
Official Email Id: [insert official email id of the Bank]
Signed and Delivered by ………………………. Bank
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Annexure III: Format of Power of Attorney

[Adequate stamp duty to be paid by the Bidder with respect to this document.]
Power of Attorney for Signing of Bid
Know all men by these presents, I/We, [name and address of the Bidder] do hereby irrevocably
constitute, nominate, appoint and authorise [Name], son / daughter/ wife of [name of father
/husband] and presently residing at [address], who is presently employed with me/ us and
holding the position of [designation], as my/ our true and lawful attorney (“Attorney”) to do
in my/ our name and on my/ our behalf, all such acts, deeds and things as are necessary or
required in connection with or incidental to submission of our bid for the [insert name of
Mineral Block] (“Mineral Block”) in response to the Tender Document, dated Wednesday,
July 31, 2024issued by State Government of Bihar (“State Government”) including but not
limited to signing and submission of all applications, affidavits, bids and other documents and
writings, participate in Bidders’ and other conferences and providing information / responses
to the State Government, representing me/us in all matters before the State Government, and
generally dealing with the State Government in all matters in connection with or relating to or
arising out of our bid for the Mineral Block and/or upon award thereof to us and/or till the
entering into Mine Development and Production Agreement with the State Government and
grant of mining lease.
AND I/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 my/our Attorney pursuant to and in exercise of the
powers conferred by this power of attorney and that all acts, deeds and things done by my/our
said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to
have been done by me/us.
In witness whereof I/we, [name of Bidder], the above named principal have executed this power
of attorney on this [Date] day of [Month], 20[Year]
For……………………………..
(Signature, name, designation and address)

[under the Common Seal (in case Bidder is a company)]
Witnesses:
1.
2.
[particulars of notarisation]
Accepted
[particulars of authorized person]
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July 31, 2024
Annexure IV: Format of Affidavit
(To be duly executed and adequate stamp duty to be paid by the Bidder with respect to this
document.)
Affidavit
I, [name] aged [age] years, resident of [address]working as [designation] an Authorised

Signatory on behalf of [name of the Bidder]( “Bidder”) hereby state as under:
1. I am the [designation of the deponent] of the Bidder. I am conversant with the facts and
circumstances surrounding the subject of this affidavit [and have been authorised to
depose to the same pursuant to the power of attorney dated [date] issued pursuant to
[particulars of corporate approval]]. I am filing this affidavit to place on record
verification of facts and documents in connection with the tender process concerning
“Insert name of Mineral Block”.
2. [Insert separate paragraphs for each information/ document brought on record on the
website of the e-auction platform or physically submitted with the State Government,
in a chronological sequence].
3. [If applicable, also insert separate paragraphs for particulars of mineral concessions
(including a reconnaissance permit, prospecting licence, composite licence, and/or
mining lease) held by the Bidder or for which the Bidder would be participating in
auction process being conducted simultaneously].
4. [In case of an individual, sole proprietorship, association of individuals, or a partnership
firm, insert a separate paragraph to the effect that such individual/s or sole proprietor
or each of the partners, as the case may be, is a citizen of India.]
5. [In case of an individual or a sole proprietorship, insert a separate paragraph to the effect
that the immovable property included for calculation of net worth is un-encumbered
and free from all charges (including, but not limited to, lien, mortgage, and pledge), and
that the individual/ sole proprietorship is the owner of the said immovable property.]
6. I/ we have submitted only 1 (one) Bid for the Mineral Block in accordance with the
terms of the Tender Document. No Affiliate(s) of [mine/ ours] has submitted a Bid for
said Mineral Block. I/ We agree and understand that, in case any Affiliate(s) of [mine/
ours] also submits a Bid for said Mineral Block, the Bids submitted by [me/ us] and
[my/ our] Affiliate(s) will be rejected.
7. That nothing has been concealed in the information submitted as mentioned above.
Solemnly affirmed and verified on this [day] day of [month][year] at [place].
(Signature)
Name, Designation & Address
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VERIFICATION
I, [name], [the [designation of the deponent] of] the Bidder above named, having my office at
[address], do hereby solemnly declare that what is stated above is on the basis of the books and
records of the Bidders, and verify that the contents of the above affidavit are true and correct,
no part of it is false and nothing material has been concealed therefrom.
Verified at [day] day of [month] [year] at [place].
[particulars of notarisation] Deponent
(Signature)
Name, Designation & Address
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Schedule II: Format for Seeking Clarification Regarding Tender

Document
(Applicable only for the Pre-Bid conference before submission of the Technical Bid in response
to the Tender Document)
S. No. Document Clause No. Clarification Suggested Rationale for

and Required Text for Clarification
Existing Amendment, if or
Provision any Amendment
The above data is to be provided in .doc, .docx, .xls, .xlsx format only.
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July 31, 2024
Schedule III: Technical Details Regarding Online Electronic Auction
1. Registration Methodology:
In order to submit online bids in the e-bidding process for Mining Lease and Composite License,
a Bidder needs to register itself with the e-auction website of MSTC Limited, A Government of
India Enterprise. For this the Bidder should visit the website at
https://www.mstcecommerce.com/auctionhome/mlcln/index.jsp and click on the button
“Registration”. Bidders already registered with the said website need not register again.
On the next page, the ‘General Terms and Conditions’ will be shown with two options – Register
as Buyer and Register as Seller. The Bidder shall have to click on the link Register as ‘Buyer’ to
proceed.
On the next page, bidder will be displayed the ‘Buyer Terms and Conditions’ pages.
Bidder has to ‘Agree’ to the terms and conditions and a page to enter the e-mail and
mobile number will open. The e-mail and mobile will be verified by one time password
(OTP).
After verification via OTP, an online ‘Buyer Registration Form’ will appear on screen
and the Bidder has to fill up the same with correct information. During this process, the
Bidder shall create his user id and password and keep note of the same. The Bidder shall
ensure that the secrecy of his user id and password is maintained at all time and he/she
shall alone be responsible for any misuse of the user id and password.
While filling the form, the buyer/bidder has to enter the correct details such as company
name , GSTIN and address as mentioned on GST certificate or which is available with
the GST portal. The above details will be verified with the data available with GST portal.
Only when the correct details as required above have been mentioned, the bidder shall be
able to ‘Preview’ the entered details before ‘Submission’.
The Bidder may check the details entered from the ‘Preview’ page before final
submission. On successful submission of the online registration form, the Bidder shall
receive a confirmation mail in the registered email address advising the Bidder to remit
the registration fee via ‘e-payment’ link. The e-payment link shall be accessible to the
bidder when he logs-into the portal via the ‘User ID’ and ‘Password’ created by him
during registration.
The fee has to be paid via ‘NEFT/RTGS’ or ‘Onlinepay’ options under e-payment link.
A non refundable registration fee of INR 10,000/- plus applicable taxes (Rs. 11800.00)
is to be paid online.
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Note:
1. The activation of registration via fee received from NEFT/RTGS is subject to

realization of funds by the bank.
2. GSTIN is mandatory for completing the registration.
3. The Class III Signing and Encryption Combo DSC of the bidder shall be mapped
during first login after the fee payment. Bidder will need to synchronize their Class III
Signing and Encryption Combo Digital Signing Certificate (DSC) during first login.
To update the Class III Signing and Encryption Combo DSC, bidders may login to their
dashboard using old DSC and delete it using link “Delete DSC” provided in their login
and map their login with new Class III Signing and Encryption Combo DSC. For any
other queries related to Major Mineral Block, the bidder can send mail to
mlclmstc@mstcindia.in
Or contact the respective branch/region assigned to him. (region is mentioned in the

activation mail sent to bidders on receipt of the registration fee).
It may be noted that Bidders need not visit any of the offices of MSTC Limited for
submission of the documents related to registration. However, the Bidders may contact
any office of MSTC Limited for seeking assistance on the login process, details of
which are available on MSTC website www.mstcindia.co.in.
Bidder may contact MSTC’s help desk number "07969066600” for assistance in
any technical or system related issues.
MSTC Limited reserves the right to call for additional documents from the bidder if
needed and the Bidder shall be obliged to submit the same.
2. Downloading information of mineral block
There are two sets of documents available for downloading from the website of e-
auction platform provider.
First set of documents will be available free of cost in public domain and can be
downloaded without registration on e-auction platform provider’s website. These
documents may include the following:
(a) Blank format of customized model tender document for this particular e-auction
process; and
(b) Mineral block summary
The above information is being made available to all potential Bidders in order to assist
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them in familiarizing about the tender process and the mineral block on e-auction.
Subsequent to Bidder registration process with MSTC, certain other detailed documents
(Particular Tender Document of the mineral block including Information Memorandum
containing geological report and other information) shall be made available for
download to the Bidder only subsequent to payment of a tender fee of INR [amount in
figures] (Rupees [amount in words]) plus applicable GST per mineral block. GST is
payable on reverse charge mechanism.
The Tender Document shall be sold in online mode only through website of MSTC.
Bidders shall login with its user id and password. Bidder shall have the facility to make
payment towards the cost of tender document through RTGS/NEFT provided under the
login of the Bidder. The Bidder after login shall click on the link for e-payment and
then select the event number from the drop down menu for which it intends to make the
payment. The bidder should enter the appropriate amount towards cost of the paid
document and select RTGS/NEFT and click on submit. The bidder should fill an online
RTGS application form and take a printout of the same before proceeding to transfer
the fund to the beneficiary account. In case the Bidder has an online banking facility, it
can make this payment online as well. After transferring the fund, the bidder shall be
required to communicate the UTR No and other details to MSTC through email at the
following email addresses.
MSTC MSTC Contact Email Phone No.

S No Office Office Person
Name Code
1 Bihar PTN Amit ptnopn1@mstcindia.in 0612-2506169
Branch Goutam, /
Office Manager 9886624201
2 Bihar PTN Mayank ptnopn3@mstcindia.in 0612- 2506169
Branch Kumar, /
Office Deputy 8269000225
Manager
The Bidder shall send the email regarding the payment details to the email address
corresponding to the office of MSTC which is conducting the event as stated above.
Once MSTC receives the payment in the designated account and the required
information from the Bidder, it shall activate the link for downloading of the paid
documents for the respective mineral Block(s). And subsequently bidders shall be able
to download the tender document through the link “Download Paid Document”
provided in their login dashboard.
The Bidder may note that the files containing information about the mineral
blocks can be in various formats like doc, xls, ppt, pdf, jpg, jpeg, zip, rar etc. and
it shall be the responsibility of the Bidder to have suitable facilities at its end to
download these documents from the website of MSTC.
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3. Preparation and Submission of Bid
The complete process of bid submission will be divided into 2 stages as follows:
a. Stage 1: Technical Bid
This stage will comprise (i) online submission of the Technical Bid and the
initial price offer; and (ii) offline submission of certain original documents as
detailed below.
(i) Online submission of Technical Bid and initial price offer with
supporting documents
This stage shall be open to all Bidders who have purchased the Tender
Document(s) for the specific mineral block(s).
In this process, the Bidder, after logging in to the above stated website, will have
to click on the link “click for Auction”. In the next page, the Bidder shall have
to go to the link “Stage 1 Technical cum IPO Submission”. Thereafter, the
bidder will have a bouquet under “My Menu” having 3 (three) sub-menus –
“Bid Floor Manager”, “Upload Documents” and “Attach Documents”.
Bid Floor Manager
Once the Bidder clicks on this sub-menu and then clicks on the menu “Live
Auctions” on the next page, it will display a list of mine(s) for which the bidder
has paid the tender document fees. On clicking on any of these mine(s), the
Bidder will be directed to a screen where it can fill up the technical bid template
and save the data. The Bidder can edit such data as many times as it wishes.
After saving the Technical Bid, the link / button for Initial Price Offer shall get
activated. The Bidder, on clicking this button, will be directed to a screen having
a template where it can fill up its Initial Price Offer and click on the Final
Submission button.
However, please note that the bidder cannot save the Initial Price Offer/click on
‘Final Submission’ without attaching its uploaded document(s). A warning
message will be displayed by the system stating “Final Submission button will
only be visible once documents have been upload and attached along with this
event.”.
The bidder after entering the Initial Price offer and clicking on 'Final
Submission' will be displayed the list of documents attached against the tender
event. Clicking on ‘OK’ will proceed to save the Initial Price Offer followed by
final submission. The final submission shall be digitally signed by the Bidder
using its registered digital signature. Any digital signature certificate other than
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the registered one, shall not be acceptable for bid submission by the system.
The Bidder may note that the “Initial Price Offer” button will be activated only
after the Technical Bid has been saved.
Upload Documents
The Bidder shall also have to upload the supporting documents along with the
Technical Bid, as required under the Tender Document. These supporting
documents will need to be uploaded in pdf format only (the file size should be
limited to 4 MB; in case of larger files, they may be split into multiple files with
suitable nomenclature). Files in formats other than pdf shall not be accepted.
For this, the bidder shall first click on the link “Upload documents” and upload
the files in support of its Technical Bid. After uploading of the supporting
documents, a pop-up message will be displayed by the system stating, “Please
attach documents to respective events”.
Attach Documents
After uploading these documents, the Bidder shall have to attach them with the
specific tender for the concerned mine for which it is intending to submit the
Technical Bid. It may be noted by the Bidder that in case it intends to use the
same supporting document for more than one mine, it does not need to upload
the same document every time. The supporting document, once uploaded, can
be attached with Technical Bid for multiple mineral block(s), if desired.
Under attach documents link, bidder will select the tender event for which he
intends to attach the document for. Once selected, he will then click on ‘Attach’
against the uploaded document in the list and the status of the same will change
to ‘Detach’. This means the document has been successfully ‘attached’ against
the tender event.
The Bidder should note that only a file which is “attached” with a specific
mine(s) shall be considered during evaluation of the Technical Bid. Files
which are not attached to any mine(s) shall not be considered for evaluation.
The Bidder should also note that a Bid will be considered as submitted if and
only if the Bidder has submitted the Initial Price Offer. Only such Bids will
be opened for which Initial Price Offer has been submitted. It is further
clarified that saving of Technical Bid without saving of the Initial Price Offer
will be treated as non-submission of bid.
Upon successful submission of Initial Price Offer, the Bidder shall receive a bid
acknowledgement from the system automatically.
The Bidders may note that the Technical Bid and the Initial Price Offer
submitted online as above will be encrypted by the MSTC’s own software
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before storage in the database. This will be done to protect the sanctity and
confidentiality of the Bids before the actual opening of the same.
The Bidder has an option to edit Technical Bid and initial price offer as many
times as it wishes till the final submission.
Modification / Withdrawal of Bid
If after submission of Initial Price Offer and before the scheduled closing time
for Bid submission a Bidder wishes to make changes in its Bid, it can do so by
clicking the “Delete Bid” option. By doing so, the entire Bid submitted by the
Bidder will get deleted. A system generated email will be sent to the Bidder
acknowledging the deletion. The Bidder will be able to save and submit its new
Bid again. If a Bidder deletes its Bid and does not submit its new Bid in the
same manner as stated above, its Bid will not come up for opening or further
processing.
If after final submission of Bid and before the scheduled closing time for Bid
submission a Bidder wishes to withdraw its bid, it can do so by clicking the
“Withdraw Bid” option. By withdrawing a bid, a Bidder will lose the
opportunity to re-submit its Bid against the same mine(s).
(ii) Offline submission of certain original documents
The Bidders shall submit the Technical Bid in original in sealed cover
on or prior to the Bid Due Date. The sealed cover should clearly bear
the following identification: Original Documents (Technical Bid) for
Mineral Block and shall indicate the name and address of the Bidder. In
addition, the documents shall contain page numbers: Page [●] of [●]
The aforementioned documents shall be submitted at the following address:

The Director,
Room No 50,Vikas Bhawan,
New Secretariat, Patna
Deadline for online submission of (i) Technical Bid and the initial price offer
with supporting documents; and (ii) offline submission of certain original
documents
The Bidders shall also note that online submission of Technical Bid and the
initial price offer with supporting documents and offline submission of certain
original documents shall be allowed only up to time and date as per Bid Due
Date specified in Clause 11. Bidders in their own interest are advised to
complete the entire process well in advance to avoid any last minute hiccup /
technical problems. No complaints shall be entertained in this regard at any
stage.
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(iii) Evaluation of Technical Bid
a. Evaluation of Technical Bid
Technical Bids shall be evaluated in the manner provided in the

Tender Document. The e-auction platform provider may conduct
mock-auctions/demo for Bidders on e-auction platform.
Problems/Issues, if any encountered by the bidders during the demo
auction may be brought to the notice of concerned MSTC office.
b. Opening of Initial Price Offer
Initial price offer shall be opened 1 (one) day before the scheduled
date of e-auction of the respective mineral block.
For example, initial price offers for mineral block(s) scheduled for
e-auction on 02.01.20xx will be opened on 01.01.20xx. All
Technically Qualified Bidders will be ranked in accordance with
Clause 8.1A(e).
The Qualified Bidders as per top 50% ranking principle (subject to

minimum criteria as specified in the Tender Document) will be
intimated by an email by the State Government from the designated
email id of the State Government for the particular auction OR the
State Government may advise the e-auction platform to intimate
from the email id of MSTC for their qualification for the second
round of electronic auction against specific mineral block(s) in the
e-auction platform provider website within their secured login. The
email will only state that the recipient of the email has been qualified
for the second round of auction and the Floor Price (highest Initial
Price Offer) for the second round of auction.
b. Stage 2: Electronic Auction – Final Price Offer
a. Intimation to Qualified Bidders
Along with the above intimation, the Bidder shall also receive information
regarding applicable Floor Price for second round of e-auction of the mineral
block which is the highest initial price offer received from the Technically
Qualified Bidders.
It is expressly clarified that Bidders should not expect to receive the information
on the second highest IPO received from the Technically Qualified Bidders as
a matter of usual course.
It shall be the sole responsibility of the Bidder to regularly check the MSTC
website and log in to see whether it has qualified for a certain mineral block or
not. MSTC will not be responsible for non-receipt of email by the Bidder and
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its consequences.
b. Conduct of e-auction
E-auction is the process of inviting binding Final Price Offer(s) from Qualified
Bidders through internet for the purpose of determination of the Preferred
Bidder. During this process, the Qualified Bidder will be able to submit its Final
Price Offer as many times as it wishes against the same mineral block. The
Qualified Bidder will remain anonymous to other Qualified Bidders
participating in the electronic auction process as well as to MSTC / State
Government. The Qualified Bidder will be able to see the prevailing highest
Final Price Offer against the mineral block, but the name of the highest
Qualified Bidder at any point of time will not be displayed. The Qualified
Bidder shall have to put its Final Price Offer over and above the displayed
highest bid by a minimum increment of 0.5% to become the highest Qualified -
Bidder. The electronic auction process will have a scheduled start and close time
which will be displayed on screen. A Qualified Bidder will be able to put its
Final Price Offer after the start of bid time and till the close time of electronic
auction. The current server time (IST) will also be displayed on the screen. In
the event a Final Price Offer is received during the last 10 (ten) minutes before
the scheduled close time of electronic auction, the close time of electronic
auction will be automatically extended by 10 (ten) minutes from the last
received bid time to give equal opportunity to all other Qualified Bidders. This
process of auto extension will continue till no Final Price Offer is received
during a period of 10 (ten) minutes.
For example, assuming that the initial scheduled close time for a particular
electronic auction is 1:00 pm and a Final Price Offer is received at 12:55 pm,
the scheduled close time shall be revised to 1:05 pm. Again if a Final Price Offer
is received at 1:01 pm, the scheduled close time shall be revised to 1:11 pm and
so on. In the event that no further Final Price Offer is received till 1:11 pm, the
electronic auction will close at 1:11 pm. The revised close time will be displayed
on screen and the Qualified Bidders are advised to keep refreshing its webpage
to get the latest information.
The above example is only illustrative and meant for explaining the e-auction
process only.
During the process of electronic auction, the Bidder shall be required to sign
their bids with their registered digital signature certificate (DSC) and the use of
which has been duly authorised on behalf of the Bidder. Any digital signature
certificate other than the above shall not be acceptable for bid submission by the
system.
Bidders may use ‘Bidder’s Guide’ link available on login page for the detailed
procedure. Bidders in their own interest are advised to get themselves
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acquainted with the electronic auction process of auction platform provider by

getting their Authorised Representative trained beforehand through some demo
electronic auctions as per Clause 11.
Digital Signature Certificate
A Bidder shall be required to possess a valid Class III Signing and Encryption
Combo Digital Signature Certificate (DSC) of signing and encryption combo
type to be able to submit its Bid and to participate in the electronic auction on
MSTC website. For this purpose, Bidders shall be required to authorize its
Authorized Signatory to procure a class III DSC of signing and encryption
combo type from any Certifying Authority or their authorized agencies in India.
The Bidder may note that only one user id will be mapped with a given Class
III Signing and Encryption Combo DSC for the Authorized Signatory.
The Class III Signing and Encryption Combo Digital Signature Certificate will
be used to digitally sign the Bids that the Bidder will submit online.
It will be the sole responsibility of the Bidder and its respective Authorized
Signatory to maintain the secrecy of the password for the Class III Signing and
Encryption Combo Digital Signature Certificate. The Bidder and its Authorized
Signatory shall be solely responsible for any misuse of the Class III Signing and
Encryption Combo DSC and no complaint / representation in this regard shall
be entertained at any stage by MSTC/ Central Government /State Government.
The system requirements are as follows:
 Operating System- Windows 10, 11.
 After going to the Major Mineral Block Auction (New Portal) portal, a pop-up
of system settings will appear, detailing the system settings. Through which
bidders can configure their system for bidding. Once settings are done, the pop-
up message will hide and the bidder can proceed to login. Bidders must have
Windows operating system installed on their system through which they wish
to bid.
For any Queries or System Setting Related Technical issues concerns please
contact the following Help-Desk numbers: - 07969066600
Availability- 9:30 AM to 5:30 PM on all working days
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Schedule IV: Format of MDPA
Mine Development and

Production Agreement
[Insert Name of Mineral Block]
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CONTENTS
PARTIES: .................................................................................................................... 69
BACKGROUND: ........................................................................................................ 69
1. DEFINITIONS AND INTERPRETATION .................................................... 71
1.1. Definitions............................................................................................ 71
1.2. Interpretation ........................................................................................ 73
2. COMPLIANCE................................................................................................ 75
3. CONDITION FOR GRANT OF MINING LEASE ........................................ 76
4. PERFORMANCE SECURITY AND APPROPRIATION ............................. 77
4.1. Performance Security ........................................................................... 77
4.2. Events for appropriation of the Performance Security ........................ 77
4.3. Manner of appropriation of the Performance Security ........................ 78
5. INFORMATION.............................................................................................. 80
6. UTILISATION OF MINERAL ....................................................................... 81
7. PAYMENTS .................................................................................................... 82
7.1. Payment of bid amount ........................................................................ 82
7.2. Other payments .................................................................................... 83
8. MINIMUM PRODUCTION AND DISPATCH REQUIREMENT ................ 84
9. GENERAL RIGHTS AND OBLIGATIONS .................................................. 85
9.1. Limited mining rights .......................................................................... 85
9.2. Authorisations ...................................................................................... 85
9.3. Geological and archaeological finds .................................................... 85
10. MINING PLAN AND COMPLIANCE WITH APPLICABLE LAW ........... 86
11. REPRESENTATIONS AND WARRANTIES................................................ 87
12. INDEMNITIES ................................................................................................ 88
13. ASSIGNMENT, SECURITY FOR FINANCING .......................................... 90
13.1. Prohibition on Assignment .................................................................. 90
13.2. Assignment conditions ......................................................................... 90
13.3. Security for financing .......................................................................... 90
14. INSURANCE ................................................................................................... 91
15. ACCOUNTS AND AUDIT ............................................................................. 92
15.1. Audited accounts .................................................................................. 92
15.2. Appointment of auditors ...................................................................... 92
15.3. Certification of claims by statutory auditors ........................................ 92
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16. GOVERNMENT INSPECTION ..................................................................... 93

17. EVENT OF FORCE MAJEURE ..................................................................... 94
18. EFFECTIVE DATE AND TERM ................................................................... 95
18.1. Effective Date ...................................................................................... 95
18.2. Term ..................................................................................................... 95
18.3. Retention of Books and Records.......................................................... 95
19. MISCELLANEOUS ........................................................................................ 96
19.1. Time of essence................................................................................................ 96
19.2. Publicity ............................................................................................... 96
19.3. Severability .......................................................................................... 96
19.4. Costs and expenses .............................................................................. 96
19.5. Further assurance ................................................................................. 96
19.6. Legal and prior rights ........................................................................... 97
19.7. Waiver .................................................................................................. 97
19.8. Amendments ........................................................................................ 97
19.9. Counterparts ......................................................................................... 97
19.10. No agency or partnership ..................................................................... 98
19.11. Notices ................................................................................................. 98
19.12. Entire Agreement ................................................................................. 98
19.13. Specific performance of obligations .................................................... 99
SCHEDULE A – LIST OF PERSONS ...................................................................... 100
SCHEDULE B – LIST OF CONSENTS AND APPROVALS ................................. 101
SCHEDULE C - PARTICULARS OF THE LEASE AREA .................................... 102
SCHEDULE D - MINIMUM PRODUCTION AND DISPATCH REQUIREMENT
........................................................................................................................ 103
SCHEDULE E - WARRANTIES .............................................................................. 104
SCHEDULE F - ADDRESS FOR PROVIDING NOTICES .................................... 107
SCHEDULE G- TREATMENT OF SHORTFALL QUANTITY…………………..100
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[To be executed on stamp paper of adequate value.]

This Mine Development and Production Agreement is made by and between following:
PARTIES:
1 The Governor of Bihar, acting through the Mines & Geology Department,
Government of Bihar (the “State Government”).
2 [Name of the Successful Bidder] [incorporated in India under the Companies Act,
[1956/2013] with corporate identity number [CIN of the Successful Bidder], whose
registered office is at [address of registered office], India and principal place of business
is at [address of principal place of business, if different from registered office]] OR [an
individual/ sole proprietorship [who/ whose sole proprietor] is citizen of India, having
income tax permanent account number [number], residing at [address]] OR [persons
listed in Schedule A organised as a [partnership firm/ association of individuals], all of
whom are Indian citizens and resident in India] (the “Successful Bidder/lessee”).
BACKGROUND:
A. An electronic auction was conducted by the State Government pursuant to the Tender
Document (defined hereinafter) for grant of a Mining Lease (defined hereinafter) over
the Lease Area (defined hereinafter) for mining of the Mineral (defined hereinafter).
B. The Successful Bidder quoted [Final Price Offer] per cent as the bid parameter in the
electronic auction and was declared as the Preferred Bidder (as defined in the Tender
Document).
C. As a Preferred Bidder, the Successful Bidder made payment of the first instalment of
the Upfront Payment which is INR [amount in figures] (Rupees [amount in words]) on
[date] through [payment mechanism], upon which the State Government issued a letter
of intent dated [date].
D. The Preferred Bidder completed the conditions specified in Clause 10.2 of the Tender
Document and submitted written confirmation of the same to the State Government
through a letter dated [date], upon which the Preferred Bidder was considered to be the
Successful Bidder by an order of the State Government dated [date].
E. Thereafter, the Successful Bidder obtained all the consents, approvals, permits, no-
objections and the like as required under Applicable Law for commencement of mining
operation, as listed in Schedule B.
F. Accordingly, the State Government is now entering into this Agreement with the
Successful Bidder with respect to matters pertaining to the Mining Lease over the Lease
Area and other matters incidental thereto, and this Agreement shall be read together
with the Mining Lease.
NOW THEREFORE, in consideration of the mutual covenants, terms and conditions and
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understandings set forth in this Agreement, and other good and valuable consideration (the
adequacy of which are hereby mutually acknowledged), the Parties with the intent to be legally
bound hereby agree as follows:
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1. DEFINITIONS AND INTERPRETATION
The definitions and rules of interpretation in this clause apply in this Agreement.
1.1. Definitions
1.1.1. “Act” means the Mines and Minerals (Development and Regulation) Act, 1957 (67 of
1957) as amended from time to time.
1.1.2. “Agreement” means this Mine Development and Production Agreement and all
attached annexure, schedules, exhibits and instruments supplemental to or amending,
modifying or confirming this Agreement in accordance with the provisions of this
Agreement.
1.1.3. “Agreement Date” shall mean the date on which execution of this Agreement by both
the Successful Bidder and the State Government is completed.
1.1.4. “Applicable Law” shall mean all applicable statutes, laws, by-laws, rules, regulations,
orders, ordinances, protocols, codes, guidelines, notices, directions, judgments, decrees
or other requirements or official directive of any governmental authority or court or
other law, rule or regulation approval from the relevant governmental authority,
government resolution, directive, or other government restriction or any similar form
of decision of, or determination by, or any interpretation or adjudication having the
force of law in India at the relevant point in time.
1.1.5. “Appropriation Event” shall have the meaning given to such expression in Clause
4.2.1.
1.1.6. “Auction Rules” shall mean the Mineral (Auction) Rules, 2015, as amended from time
to time.
1.1.7. “Claim” shall have the meaning given to such expression in Clause 12.3.
1.1.8. “Commencement Report” shall have the meaning given to such expression in Clause
5.1(b).
1.1.9. “Control” shall include the right to appoint majority of the directors or to control the
management or policy decisions exercisable by a person or persons acting individually
or in concert, directly or indirectly, including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements or in any other
manner.
1.1.10. “Eligibility Conditions” shall mean the eligibility conditions specified in the Act and
the Auction Rules including all the eligibility conditions listed in Clause 5 of the Tender
Document.
1.1.11. “Encumbrances” means any mortgage, pledge, equitable interest, assignment by way
of security, conditional sales contract, hypothecation, right of other Persons, claim,
security interest, encumbrance, title defect, title retention agreement, voting trust
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agreement, interest, option, lien, charge, commitment, restriction or limitation of any

nature whatsoever, including restriction on use, voting rights, transfer, receipt of
income or exercise of any other attribute of ownership, right of set-off, any arrangement
(for the purpose of, or which has the effect of, granting security), or any other security
interest of any kind whatsoever, or any agreement, whether conditional or otherwise, to
create any of the same.
1.1.12. “Event of Force Majeure” shall have the meaning given to such expression in Clause
17.1.
1.1.13. “Final Price Offer” shall mean [per cent of Value of Mineral Despatched], based on
which the Successful Bidder was declared successful in the tender process for the
Mineral Block. The “Value of Mineral Despatched” being an amount equal to the
product of,- (i) mineral despatched in a month; and (ii) sale price of the mineral (grade-
wise and State-wise) as published by Indian Bureau of Mines for such month of
despatch.
1.1.14. “Good Industry Practice” means, in relation to any undertaking and any
circumstances, the exercise of that degree of skill, diligence, prudence and foresight
which would reasonably and ordinarily be expected from a skilled and experienced
Person engaged in the same type of undertaking under the same or similar
circumstances.
1.1.15. “Governmental Approval” means any authorization, approval, consent, licence or

permit required from any Governmental Authority.
1.1.16. “Governmental Authority” means any government authority, statutory authority,

government department, agency, commission, board, tribunal or court or other law, rule
or regulation making entity having or purporting to have jurisdiction on behalf of the
Republic of India or any state or other subdivision thereof or any municipality, district
or other subdivision thereof.
1.1.17. “Indemnified Party” shall have the meaning given to such expression in Clause 12.1.
1.1.18. “Lease Area” shall mean the Lease Area as more particularly described in SCHEDULE
C.
1.1.19. “Mineral” means [Insert Name of Mineral].
1.1.20. “Mineral Block” means [Insert Name of Mineral Block].

1.1.21. “Minimum Production and Dispatch Requirement” shall have the meaning given to
such expression in Clause 8.1.
1.1.22. “Mining Lease” shall have the meaning given to such expression in the Act and the
Rules made thereunder.
1.1.23. “Mining Plan” means a mining plan drawn in accordance with clause (b) of sub-section
(2) of Section 5 of the Act.
1.1.24. “Monthly Payment” shall have the meaning given to such expression in Clause 7.1.1.
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1.1.25. “Notice” shall have the meaning given to such expression in Clause 19.11.
1.1.26. “Parties” means and refers to the State Government and the Successful Bidder
collectively and “Party” refers to any 1 (one) of them.
1.1.27. “Performance Security” shall have the meaning given to such expression in Clause
4.1.
1.1.28. “Pre-Commencement Report” shall have the meaning given to such expression in
Clause 5.1(a).
1.1.29. “Rules” shall, as the context may require, mean the Auction Rules and/or the Minerals
(Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016
and/or the Minerals (Evidence of Mineral Contents) Rules, 2015 and/or any other rules
(including any amendments thereof) formulated under the Act, as maybe applicable at
any point of time.
1.1.30. “Term” shall have the meaning given to such expression in Clause 18.2.
1.1.31. “Third Party” means any Person that is not a signatory to this Agreement.
1.1.32. “Warranties” shall have the meaning given to such expression in Clause 11.1 read with
SCHEDULE E.
1.2. Interpretation
1.2.1. Any reference to any statute or statutory provision shall include:
(i) all subordinate legislation made from time to time under that provision (whether
or not amended, modified, re-enacted or consolidated); and
(ii) such provision as from time to time amended, modified, re-enacted or

consolidated (whether before or after the date of this Agreement) to the extent
such amendment, modification, re-enactment or consolidation applies or is
capable of applying to any transactions entered into under this Agreement prior
to the Agreement Date and (to the extent liability thereunder may exist or can
arise) shall include any past statutory provision (as from time to time amended,
modified, re-enacted or consolidated) which the provision referred to has
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directly or indirectly replaced.
1.2.2. Unless the context otherwise requires, words in the singular shall include the plural and
the plural shall include the singular.
1.2.3. References to the masculine, the feminine and the neuter shall include each other.
1.2.4. References to a “company” shall include a company, corporation or other body

corporate, wherever and however incorporated or established.
1.2.5. The recitals and schedules form part of this Agreement and shall have the same force
and effect as if expressly set out in the body of this Agreement, and any reference to
this Agreement shall include any recitals and schedules to it. Any references to clauses
and schedules are to clauses and schedules to this Agreement. Any references to parts
or paragraphs are, unless otherwise stated, references to parts or paragraphs of the
schedule in which the reference appears.
1.2.6. A reference to this Agreement or any other document shall be construed as references
to this Agreement or that other document as amended, varied, novated, supplemented
or replaced from time to time.
1.2.7. A reference to this Clause shall, unless followed by reference to a specific provision,
be deemed to refer to the whole Clause (not merely the sub-Clause, paragraph or other
provision) in which the expression occurs.
1.2.8. A reference to a party shall include that party’s representatives, permitted successors
and permitted assigns.
1.2.9. Each of the representations and warranties provided in this Agreement is independent
of other representations and warranties and unless the contrary is expressly stated, no
Clause in this Agreement limits the extent or application of another Clause.
1.2.10. Headings to Clauses, parts and paragraphs of schedules and schedules are for
convenience only and do not affect the interpretation of this Agreement.
1.2.11. A reference to “in writing” includes any communication made by letter or fax but not
e-mail (unless otherwise expressly provided in this Agreement.).
1.2.12. Unless otherwise specified, any reference to a time of day is to Indian Standard Time.
1.2.13. Any words following the terms including, include, in particular, for example or any
similar expression shall be construed as illustrative and shall not limit the sense of the
words, description, definition, phrase or term preceding those terms.
1.2.14. Where the context permits, other and otherwise are illustrative and shall not limit the
sense of the words preceding them.
1.2.15. Any obligation on a party not to do something includes an obligation not to allow that
thing to be done.
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2. COMPLIANCE
2.1. The Successful Bidder hereby represents and warrants to the State Government that it
has complied with all the terms and conditions of the Act and the Rules made
thereunder, the Tender Document and other Applicable Law, as were required to be
complied with by the Successful Bidder, with respect to tender process for the Lease
Area and the Successful Bidder is eligible in all respects to receive Mining Lease over
the Lease Area. The Successful Bidder also represents and warrants to the State
Government that it is in compliance with all the Eligibility Conditions.
2.2. Relying on the representations and warranties of the Successful Bidder and the
information, documents and other undertaking provided by the Successful Bidder,
including the Warranties provided under Clause 11, the State Government is pleased to
enter into this Agreement with the Successful Bidder for grant of Mining Lease over
the Lease Area to the Successful Bidder subject to terms and conditions specified in
this Agreement.
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3. CONDITION FOR GRANT OF MINING LEASE
3.1. Subsequent to execution of this Agreement, the Successful Bidder shall pay the third
instalment of the Upfront Payment which is INR [amount in figures] (Rupees [amount
in words]) within a period of 30 (thirty) days from the Agreement Date.
3.2. Upon such payment, the State Government shall grant a Mining Lease to the Successful
Bidder within a period of 30 (thirty) days from the date of receipt of the payment.
3.3. The date of the commencement of the period for which a Mining Lease is granted shall
be the date on which a duly executed Mining Lease is registered.
3.4 Notwithstanding anything contained in this Clause 3, no Mining Lease shall be

executed on the expiry of the period of 3 (three) years from the date of letter of intent
and the letter of intent shall be invalidated leading to annulment of the entire auction
process. The State Government may, however, allow a further period of 2 (two) years
for execution of the Mining Lease deed if the reasons for delay were beyond the control
of the Successful Bidder.
3.5 The Successful Bidder shall execute the Mining Lease within the period referred to in
Clause 3.4 and Sub-rule 6 of Rule 10 of the Auction Rules, failing which:
(a) the Letter of Intent shall be revoked;
(b) this Agreement shall be terminated; and
(c) the Performance Security and any instalment of Upfront Payment paid shall be
forfeited and appropriated in full by the State Government.
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4. PERFORMANCE SECURITY AND APPROPRIATION
4.1. Performance Security
4.1.1. The Successful Bidder has provided to the State Government [an irrevocable and
unconditional bank guarantee, dated [date] from [name of bank] issued at [place] and
payable at Patna/ security deposit] for an amount equal to INR [amount in figures]
(Rupees [amount in words]) (the “Performance Security”) in the format provided in
Schedule III of the Auction Rules.
4.1.2. The amount of Performance Security shall be reassessed every 5 (five) years
commencing from the date of issuance of the Performance Security i.e. [date], so that
the amount of Performance Security corresponds to 0.5% (zero point five per cent) of
the reassessed Value of Estimated Resources including the value of any newly
discovered mineral that may be included in the Mining Lease deed on its discovery
(provided that the amount of performance security shall not exceed INR 500,00,00,000
(Rupees Five Hundred Crore)).
4.1.3. For the purposes of such reassessment, the Successful Bidder shall submit an
application in writing to the State Government at least 3 (three) months prior to the
expiry of the aforementioned period of 5 (five) years. Such application must contain in
sufficient details, documentary evidence confirming the reassessed Value of Estimated
Resources including the value of any newly discovered mineral that may be included
in the Mining Lease deed on its discovery on the date of such application.
4.1.4. The State Government shall dispose such application within 3 (three) months from the
date of receipt of duly completed application. If the State Government does not dispose
such application within the aforementioned period of 3 (three) months, then the
application shall be deemed to be approved. In such case, [bank guarantee constituting
the Performance Security shall be substituted with another bank guarantee] OR
[additional amount shall be deposited towards the security deposit] of the reassessed
value issued in accordance with this Clause 4, within a period of 15 (fifteen) days expiry
of the aforementioned period of 3 (three) months. In case the Performance Security has
been provided in the form of security deposit and the value of Performance Security
reduces after reassessment, the State Government shall refund the excess value of
security deposit.
4.1.5. The Performance Security should remain valid for an initial period of 5 (five) years and
thereafter, for subsequent periods of 5 (five) years or remaining Lease term, whichever
is lower.
4.2. Events for appropriation of the Performance Security
4.2.1. The Performance Security may be appropriated by the State Government upon
occurrence of any of the events specified in Table 4.3.1 (the “Appropriation Event”),
to be determined by the State Government in its sole discretion. In case the Performance
Security is in form of a bank guarantee, the State Government may invoke the same on
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an Appropriation Event. In case the Performance Security is in form of a security

deposit, the State Government may deduct an amount from such security deposit on an
Appropriation Event.
4.2.2. Provided however that in the event an Appropriation Event has occurred solely on
account of an Event of Force Majeure which could not have been mitigated by the
Successful Bidder through Good Industry Practice as provided in Clause 17, then the
Performance Security shall not be appropriated for such specific Appropriation Event.
4.3. Manner of appropriation of the Performance Security
4.3.1. Upon occurrence of an Appropriation Event, to be determined by the State Government,

the State Government shall have the unconditional right to appropriate the Performance
Security in the following proportion by providing a written notice to the Successful
Bidder:
Table 4.3.1
S.No. Appropriation Event Amount of the Performance
Security to be appropriated
1. Failure of the Successful Bidder Entire Performance Security
to pay the third installment of the
Upfront Payment within the time
specified in Clause 3.1
2. Failure of the Successful Bidder Value of the Performance Security for
to comply with the annual each failure to comply with the annual
Minimum Production and Minimum Production and Dispatch
Dispatch Requirement as Requirement as specified in
required under Clause 8 SCHEDULE D.
3. Any transfer of the mining lease Entire Performance Security.
which is not in conformity with
the Act and rules made
thereunder.
4. Failure of the Successful Bidder The amount of such Payment due and
to make the Monthly Payment payable, along with interest computed
and payments as per Clause in accordance with rule 14 the
7.1.2 Auction Rules.
5. In case of lapse of the mining Such proportion as may be determined
lease, to carry out protective, by the State Government as per sub -
reclamation and rehabilitation rule (10) of Rule 20 of Minerals
measures in the Lease Area (Other than Atomic and Hydro
Carbons Energy Minerals)
Concession Rules, 2016.
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Table 4.3.1
S.No. Appropriation Event Amount of the Performance
Security to be appropriated
6. In case of surrender of the entire Entire Performance Security as per
area of the mining lease by the sub rule (3) of Rule 21 of Minerals
lessee (Other than Atomic and Hydro
Carbons Energy Minerals)
Concession Rules, 2016.
7. Failure of the Successful Bidder Entire Performance Security and such
to fully exploit mineral other penalty as may be imposed from
resources of the Mineral Block time to time.
during the period of the lease as
per the approved Mining Plan(s)
8. In case of any Appropriation In the manner set forth in this
Event set forth elsewhere in this Agreement and/ or the Tender
Agreement and/ or in the Tender Document, as the case may be.
Document
9. In case of the Warranties being Entire Performance Security.
untrue or misleading or incorrect
in any manner whatsoever.
10. Termination of the mining lease Entire Performance Security.
(except termination under
Section 4A(1) of the Act)
11. Any other breach or non- Such proportion as may be determined
compliance with any of the by the State Government in its sole
provisions of this Agreement. discretion.
4.3.2. In the event of a part or total appropriation of the Performance Security, the Successful
Bidder shall be required to: (i) rectify the Appropriation Event; and (ii) substitute the
bank guarantee constituting the Performance Security or deposit additional amount
towards security deposit within 15 (fifteen) days of receipt of a notice under Clause
4.3.1.
4.3.3. Any 1 (one) or more Appropriation Events resulting in appropriation of the entire
Performance Security shall give the State Government a right to terminate the mining
lease, without prejudice to any other proceeding to be taken against the mining lease
holder.
It is clarified that for the purposes of this Clause the initial Performance Security
provided under Clause 4.1.1 for INR [amount in figures] (Rupees [amount in words])
shall be reckoned, and not the reassessed Performance Security under Clause 4.1.2.
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5. INFORMATION
5.1. In addition to information that may be required to be provided in accordance with

Applicable Law, the Successful Bidder shall provide periodic reports to the State
Government (or such other Governmental Authority as may be specified by the State
Government) regarding mining operations at the Lease Area, including compliance
with the Minimum Production and Dispatch Requirement, in accordance with the
following provisions:
(a) Pre-Commencement Report
Prior to commencement of mining operations at the Lease Area, the Successful

Bidder shall provide a written intimation (“Pre-Commencement Report”) to
the State Government once every 3 (three) months regarding the following:
(i) the actions taken by the Successful Bidder towards commencement of
the mining operations at the Lease Area, including compliance with the
Mining Plan and a tentative date for commencement of the mining
operations;
(ii) any deviations from the Mining Plan, the reasons for such deviations
and the steps taken by the Successful Bidder to rectify such deviation;
and
(iii) whether in the opinion of the Successful Bidder, it shall be able to
commence mining operations at the Lease Area within the time specified
under sub-clause (i) above for commencement of the mining operations.
(b) Commencement Report
Within 7 (seven) days of the commencement of mining operations at the Lease

Area, the Successful Bidder shall provide a written intimation to the State
Government confirming commencement of mining operations at the Lease Area
(the “Commencement Report”).
(c) Periodic reporting
The Successful Bidder shall also submit such reports and information as
required under the Act and the Rules made thereunder.
5.2. The reports under Clause 5.1 shall be provided to the State Government as attachments
to an email addressed to the following e-mail address: auction.mineral-bih@gov.in or
at such other e‐mail address as may be specified in writing by the State Government
from time to time. Such attachments must be digitally signed by the Successful Bidder
using a Class III digital signature certificate issued by a certifying authority in India.
5.3. The State Government shall have the right to seek such further information regarding
the reports provided under Clause 5.1 and also seek independent verification of the
same.
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6. UTILISATION OF MINERAL
6.1. The Successful Bidder shall utilise the Mineral strictly in compliance with Applicable
Law, including the Act and the Rules framed thereunder.
6.2. The Mining Lease shall be for all major mineral(s) found in the area subsequent to the
auction. The percentage of Value of Mineral Despatched as quoted by the successful
bidder under sub-rule (3) of rule (8) of Auction Rules shall be applicable for the purpose
of payment to the State Government in respect of each such mineral.
6.3. Where subsequent to the grant of mining lease, presence of a minor mineral(s) is
established or discovered, the treatment of such minor mineral(s) shall be as per the
provisions of the Bihar Minerals (Concession, Prevention of Illegal Mining,
Transportation & Storage) Rules, 2019 (as amended or replaced from time to time)
prevailing at the time when the minor mineral is discovered in the concession area.
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7. PAYMENTS
7.1. Payment of bid amount
7.1.1. The Successful Bidder shall make monthly payments on the basis of the Final Price
Offer (the “Monthly Payment”). The Monthly Payment shall be computed on the basis
of the Value of Mineral Despatched.
7.1.2. In case the annual dispatch is less than the Minimum Production and Dispatch
Requirement specified in Clause 8, the Successful Bidder shall make payment on the
basis of the Final Price Offer on the shortfall within 20 (twenty) days from the end of
such year. For the purpose of compliance with the Minimum Production and Dispatch
Requirement, the expression “year” shall mean the period of 12 (twelve) months
commencing from the effective date of Mining Lease, and each subsequent 12 (twelve)
months period thereafter. The Upfront Payment paid by the Successful Bidder shall be
adjusted at the earliest in full against the amount payable in accordance with the per
cent of Value of Mineral Despatched quoted as the Final Price Offer on commencement
of production of mineral(s). The treatment of the shortfall quantity (including the
manner of its ascertainment, the grade to be considered, and the pricing in this regard)
shall be as set forth in SCHEDULE G.
7.1.3. The Monthly Payment is required to be made within 20 (twenty) calendar days of expiry
of each month with respect to Mineral despatched from the Lease Area in such calendar
month till Upfront Payment is adjusted in full. After the Upfront Payment is fully
adjusted, the Monthly Payment is required to be made within 5 (five) calendar days of
expiry of each month with respect to Mineral despatched from the Lease Area in such
calendar month.
7.1.4. All payments required to be made by the Successful Bidder shall be made net of all
applicable taxes. In the event, taxes are payable, the Successful Bidder shall gross-up
the amount payable and make payment of the aggregate amount.
7.1.5. In case of production and dispatch of mineral earlier than the schedule date of
commencement of production, sub-Rule (2) of Rule 13 of the Auction Rules will apply,
and has been quoted below:
The lessee shall pay the applicable amount quoted under rule 8 to the State
Government on a monthly basis.
“Provided that in case of auction of mining lease in respect of an area having

existence of mineral contents established in accordance with rule 5 of the
Minerals (Evidence of Mineral Contents) Rules, 2015, the lessee shall pay only
fifty per cent. of the amount quoted under rule 8, for the quantity of mineral
produced and dispatched earlier than the scheduled date of commencement of
production as given in the tender document:
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Provided further that for such quantity of mineral produced and dispatched,
other payments as specified in sub-rules (1), (3) and (4) shall be payable in full
and the successful bidder shall obtain all necessary approvals, permissions,
licences and the like as may be required under any law for the time being in
force for starting early production.
Explanation.— For the purposes of this sub-rule, it is clarified that the incentive
specified in the first proviso on payment of amount quoted under rule 8 shall be
applicable on the quantity of mineral produced and dispatched between actual
date and the scheduled date of commencement of production.”
The scheduled date of commencement of production is 5 (five) years from the issuance
of the Letter of Intent.
7.2. Other payments
The Successful Bidder shall also be required to make payments as required under
Applicable Law, including the Act and the Rules framed thereunder.
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8. MINIMUM PRODUCTION AND DISPATCH REQUIREMENT
8.1. The conduct of mining operations at the Lease Area shall be subject to the annual
milestones listed in SCHEDULE D with respect to production and dispatch (the
“Minimum Production and Dispatch Requirement”).
8.2. The Successful Bidder would provide periodic information to the State Government
regarding compliance with the Minimum Production and Dispatch Requirement in the
manner stipulated in Clause 5 (INFORMATION).
8.3. Any non-compliance with the Minimum Production and Dispatch Requirement would
result in appropriation of the Performance Security in the manner stipulated in Clause
4 (PERFORMANCE SECURITY AND APPROPRIATION) and in case where non-
compliance with the Minimum Production and Dispatch Requirement exceeds 5 (five)
instances during the term of the lease or occurs consecutively for 3 (three) years, such
non-compliance shall give the State Government a right to terminate the Mining Lease
without prejudice to any other proceedings to be taken against the Mining Lease holder.
Provided further that the amount payable under this clause shall be in addition to any
appropriation of the Performance Security for non-compliance of any Minimum
Production and Dispatch Requirement under this Agreement.
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9. GENERAL RIGHTS AND OBLIGATIONS
9.1. Limited mining rights
Pursuant to this agreement the Successful Bidder shall be entitled to conduct mining
operations only in the Lease Area and shall not be entitled to conduct the mining
operations in any other area outside the Lease Area. The rights granted to the Successful
Bidder herein to conduct mining operations are exclusive within the Lease Area.
9.2. Authorisations
The Successful Bidder shall obtain and maintain all Governmental Approvals required
for conducting the mining operations at the Lease Area and performing its obligations
under this Agreement.
9.3. Geological and archaeological finds
It is expressly agreed that other than rights to mine for the Mineral(s) (as may be granted
under any Mining Lease pursuant hereto), geological or archaeological rights do not
form part of the rights granted to the Successful Bidder under this Agreement and the
Successful Bidder hereby acknowledges that except in relation to the Mineral(s) (as
may be granted under any Mining Lease pursuant hereto), it shall not have any mining
rights or interest in the underlying minerals, metals, gas, oil, fossils, antiquities,
structures or other remnants or things either of particular geological or archaeological
interest and that such rights, interest and property on or under the Lease Area shall vest
in and belong to the Central/ State Government or the concerned Governmental
Authority under Applicable Law. The Successful Bidder shall take all reasonable
precautions to prevent its workmen or any other person from removing or damaging
such interest or property and shall inform the Central/ State Government forthwith of
the discovery thereof and comply with such instructions as the concerned Governmental
Authority may reasonably give for the removal of such property.
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10. MINING PLAN AND COMPLIANCE WITH APPLICABLE LAW
10.1. The Mining Plan applicable pursuant to clause (b) of sub-section (2) of the Section 5 of
the Act shall be complied with by the Successful Bidder at all times. The Successful
Bidder shall also comply with Applicable Law in relation to conduct of mining
operations.
10.2. The Successful Bidder shall implement an annual production and dispatch plan to
ensure that the estimated quantity of mineral resources in the Mineral Block are fully
exploited during the period of the Mining Lease as per the approved Mining Plan(s),
failing which appropriate actions in accordance with this Agreement shall be initiated.
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11. REPRESENTATIONS AND WARRANTIES
11.1. The Successful Bidder represents and warrants to the State Government (save as
otherwise disclosed to the State Government in writing), as of the Agreement Date in
the manner as detailed in SCHEDULE E (“Warranties”).
11.2. None of the representations, warranties and/ or statements contained in this Agreement
shall be treated as qualified by any actual or constructive knowledge on the part of the
State Government or the Central Government or any of its respective agents,
representatives, officers, employees or advisers.
11.3. In the event that any of the representations or warranties made or given by the
Successful Bidder ceases to be true or stands changed, the Successful Bidder shall
promptly notify the State Government of the same. The Successful Bidder hereby
waives all its rights to invoke and shall not invoke the State Government's knowledge
(actual, constructive or imputed) of a fact or circumstance that might make a statement
untrue, inaccurate, incomplete or misleading as a defence to a claim for breach of
Warranties or covenant or obligation of the Successful Bidder.
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12. INDEMNITIES
12.1. In this clause, a reference to the State Government shall include the State Government;
any of the departments or ministries of the State Government; and of the officers,
employees, staff, advisors, representatives or agents of the State Government
(collectively the “Indemnified Party”) and the provisions of this Clause shall be for
the benefit of the Indemnified Party, and shall be enforceable by each such Indemnified
Party.
12.2. The Successful Bidder shall indemnify the Indemnified Party against all liabilities,
costs, expenses, damages and losses (including but not limited to any interest, penalties
and legal costs (calculated on a full indemnity basis) and all other professional costs
and expenses) suffered or incurred by the Indemnified Party arising out of or in
connection with:
(a) any breach of the Warranties;
(b) Successful Bidder's breach or negligent performance or non-performance of

this Agreement;
(c) the enforcement of this Agreement;
(d) any claim made against the Indemnified Party for actual or alleged infringement
of a Third Party's rights arising out of or in connection with mining operations
at the Lease Area or performance or non-performance of any of the obligations
under this Agreement to the extent that such claim arises out of the breach,
negligent performance or failure or delay in performance of this Agreement by
the Successful Bidder, its employees, agents or contractors;
(e) any claim made against the Indemnified Party by a Third Party for death,
personal injury or damage to property arising out of or in connection with
mining operations at the Lease Area or performance or non-performance of any
of the obligations under this Agreement; or
(f) any loss or damages caused on account of breach of any Applicable Law by the
Successful Bidder, including without limitation any costs incurred by the State
Government in cleaning or rectifying of any environmental damages caused by
the Successful Bidder on account of, lack of Good Industry Practice; breach,
negligent performance or failure or delay in performance of this Agreement; or
non-compliance with Applicable Law.
12.3. If any Third Party makes a claim, or notifies an intention to make a claim, against the
Indemnified Party which may reasonably be considered likely to give rise to a liability
under this indemnity (a “Claim”), the Indemnified Party shall as soon as reasonably
practicable, give written notice of the Claim to the Successful Bidder, specifying the
nature of the Claim in reasonable detail.
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12.4. Subject to the Successful Bidder providing security to the Indemnified Party, to the
Indemnified Party's sole and absolute satisfaction against any claim, liability, costs,
expenses, damages or losses which may be incurred, the Successful Bidder may take
such action as it may reasonably deem fit to avoid, dispute, compromise or defend the
Claim.
12.5. Payments of the amount of Claim shall become due and payable within 30 (thirty) days
of receipt of notice of Claim. If a payment due from the Successful Bidder under this
clause is subject to Tax (whether by way of direct assessment or withholding at its
source), the Indemnified Party shall be entitled to receive from the Successful Bidder
such amounts as shall ensure that the net receipt, after Tax, to the Indemnified Party in
respect of the payment is the same as it would have been were the payment not subject
to Tax.
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13. ASSIGNMENT, SECURITY FOR FINANCING
13.1. Prohibition on assignment
13.1.1. Except as provided in this Clause 13, the Successful Bidder shall not assign this
Agreement.
13.1.2. In situations where the mining lease of the Successful Bidder has been transferred in
accordance with the provisions of the Act and Rules made thereunder, this Agreement
shall be promptly assigned by the Successful Bidder to the transferee of such mining
lease and the relevant assignee shall comply with the provisions of Clause 13.2.
13.2. Assignment conditions
Assignment of this Agreement under Clause 13.1 shall be subject to the following
conditions precedent:
(a) the proposed assignee must meet the applicable Eligibility Conditions;
(b) the proposed assignee must agree to unconditionally and irrevocably adhere to
the provisions of the Act and Rules made thereunder and this Agreement and
must enter into a deed of adherence/ assignment agreement in such form as may
be satisfactory to the State Government;
(c) the proposed assignee must have furnished the Performance Security, to
substitute any subsisting Performance Security provided by the Successful
Bidder; and
(d) the proposed assignee must have paid any other amount due from the Successful
Bidder and agree to indemnify and hold the State Government harmless in all
respects against any claims from any Third Party or the Successful Bidder with
respect to such assignment.
13.3. Security for financing
13.3.1. Subject to Applicable Law, the Successful Bidder shall be entitled to create security
over the Lease Area through mortgage for the purposes of availing financing from a
bank or financial institutions for the purposes of financing of mining operations at the
Lease Area and such security creation shall not require prior approval by the State
Government or the Central Government.
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14. INSURANCE
At all times during the Term hereof, the Successful Bidder will maintain, and cause its
contractors and sub-contractors to maintain, with financially sound and reputable
insurers, insurance against such casualties and contingencies, of such types, on such
terms and in such amounts (including deductibles, co-insurance and self-insurance, if
adequate reserves are maintained with respect thereto) as is consistent with Good
Industry Practice.
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15. ACCOUNTS AND AUDIT
15.1. Audited accounts
The Successful Bidder shall maintain books of accounts recording all its receipts, income,
expenditure, payment, assets and liabilities in accordance with Good Industry Practice and
Applicable Law.
15.2. Appointment of auditors
The State Government shall have the right, but not the obligation, to appoint at its cost
at any time, an auditing firm or an auditor to audit and verify all those matters, expenses,
costs, realizations and things with respect to the Lease Area or which the statutory
auditors are required to do, undertake or certify pursuant to this Agreement.
15.3. Certification of claims by statutory auditors
Any claim or document provided by the Successful Bidder to the State Government in
connection with or relating to receipts, income, payments, costs, expenses, accounts or
audit, and any matter incidental thereto shall be valid and effective only if certified by
its statutory auditors in case of a company or chartered accountant in case of a
partnership firm, individual, association of individual or sole proprietorship.
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16. GOVERNMENT INSPECTION
16.1. The Central Government or the State Government, through its authorized
representatives shall have the right to free ingress and egress within any part of the
Lease Area at any time to inspect works or activities being undertaken or implemented
by the Successful Bidder in order to monitor and verify compliance with the terms of
this Agreement and Applicable Law.
16.2. The Central Government or the State Government, through its authorized
representatives, shall have access to the Successful Bidder’s financial and other records
and transactions (relatable to any period) at any time upon reasonable advance notice,
the right to copy therefrom, for the purpose of assessing the performance and
compliance of the Successful Bidder with the terms of this Agreement and Applicable
Law, rules and regulations or to aid in the enforcement of the same.
16.3. The Central Government or the State Government shall have the right to conduct, either
directly or indirectly through any Third Party, a performance audit to verify compliance
by the Successful Bidder, of its obligations hereunder.
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17. EVENT OF FORCE MAJEURE

17.1. Event of Force Majeure means any of the following events or circumstances or
combination of the following events or circumstances which are beyond the reasonable
control of the Successful Bidder, which could not have been prevented by Good
Industry Practice or by the exercise of reasonable skill and care and which or any
consequences of which, have a material and adverse effect upon the performance by
the Successful Bidder of its obligations or enjoyment of its rights:
(i) acts of God, flood, drought, earthquake or other natural disaster;

(ii) epidemic or pandemic;
(iii) terrorist attack, civil war, civil commotion or riots, war, threat of or
preparation for war, armed conflict, imposition of sanctions, embargo, or
breaking off of diplomatic relations;
(iv) nuclear, chemical or biological contamination or sonic boom;
(v) collapse of buildings, fire, explosion or accident; or
(vi) any labour or trade dispute, strikes, industrial action or lockouts (other than
those solely affecting Successful Bidder claiming the same as an Event of Force
Majeure and attributable to such Successful Bidder’s policies regarding labour,
compensation or employment or labour related conditions).
17.2. Provided it has complied with Clause 17.3, if the Successful Bidder is prevented,
hindered or delayed in or from performing any of its obligations under this Agreement
by an Event of Force Majeure, the Successful Bidder shall not be in breach of this
Agreement or otherwise liable for any such failure or delay in the performance of such
obligations.
17.3. Upon occurrence of an Event of Force Majeure, the Successful Bidder shall:
(i) as soon as reasonably practicable after the start of the Event of Force Majeure
but no later than thirty days from its start, notify the State Government in writing
of the Event of Force Majeure, the date on which it started, its likely or potential
duration, and the effect of the Event of Force Majeure on its ability to perform
any of its obligations under this Agreement; and
(ii) use all reasonable endeavours to mitigate the effect of the Event of Force
Majeure on the performance of its obligations including following of Good
Industry Practice.
17.4. If an obligation is suspended by reason of an Event of Force Majeure for more than 1
(one) month continuously, the Parties shall enter into good faith negotiations to revise
the terms of this Agreement to reflect the changed circumstances, provided that this
Agreement shall remain in effect during the period during which the Parties are
negotiating the terms of any such revision.
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18. EFFECTIVE DATE AND TERM
18.1. Effective Date
This Agreement shall come into effect on the Agreement Date i.e. [date].
Notwithstanding the foregoing it is expressly acknowledged and agreed that the rights
of the Successful Bidder in respect of the Mineral Block, whether under this Agreement
or otherwise, shall come into full force and effect from the date of execution of the
Mining Lease.
18.2. Term
This Agreement shall commence on the dates mentioned in Clause 18.1 and shall
continue for the period of validity of the Mining Lease granted to the Successful Bidder
(“Term”).
18.3. Retention of Books and Records
Upon termination of this Agreement, the Successful Bidder shall retain all documents,
books and records related to the Lease Area for a period of 3 (three) years or such longer
period as may specified under Applicable Law. It is clarified that the Successful Bidder
may also retain such books and records in electronic form if permitted under Applicable
Law.
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19. MISCELLANEOUS
19.1. Time of essence
Each of the Parties hereby agrees that, with regard to all dates and time periods set forth
or referred to in this Agreement, time is of the essence.
19.2. Publicity
The Successful Bidder shall not issue any information, document or article for
publication in any news or communications media or make any public statement in
relation to this Agreement without the prior written consent of the State Government
unless required to do so by Applicable Law, provided that prior to any disclosure of
any such information required by Applicable Law, the Successful Bidder must first
notify the State Government, who shall then have the opportunity to respond to and/or
dispute such intended disclosure.
19.3. Severability
19.3.1. If any term, provision, covenant or restriction of this Agreement or the application
thereof to any Person or circumstance shall be held invalid, void or unenforceable by a
court of competent jurisdiction or other Governmental Authority to any extent, the
remainder of the terms, provisions, covenants and restrictions of this Agreement and
the application thereof to Persons or circumstances (other than those as to which any
portion of this Agreement is held invalid, void or unenforceable) shall not be affected
thereby and shall remain in full force and effect to the fullest extent permitted by law,
so long as the economic or legal substance of the transactions contemplated hereby is
not affected in any manner materially adverse to any Party.
19.3.2. Upon such a determination, the Parties shall negotiate in good faith to modify this
Agreement so as to effect the original intent of the Parties as closely as possible in an
acceptable manner in order that the transactions contemplated hereby be consummated
as originally contemplated to the fullest extent possible.
19.4. Costs and expenses
19.4.1. The Successful Bidder shall bear its own costs in connection with the execution of this
Agreement.
19.4.2. The stamp duty payable for this Agreement shall be borne by the Successful Bidder.
19.5. Further assurance
The Successful Bidder shall cooperate with the State Government and execute and
deliver to the State Government such instruments and documents and take such other
actions as may be requested from time to time in order to carry out, evidence and
confirm their rights and the intended purpose of this Agreement.
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19.6. Legal and prior rights
All rights and remedies of the State Government hereto shall be in addition to all other
legal rights and remedies belonging to the State Government and the same shall be
deemed to be cumulative and not alternative to such legal rights and remedies aforesaid
and it is hereby expressly agreed and declared by and between the Parties hereto, that
the determination of this Agreement for any cause whatsoever shall be without
prejudice to any and all rights and claims of the State Government, which shall or may
have accrued prior thereto.
19.7. Waiver
19.7.1. The waiver of any default or breach under this Agreement by the State Government
shall not constitute a waiver of the right to terminate this Agreement for any substantial
default of a similar nature or under any other terms and conditions of this Agreement.
19.7.2. No failure or delay by the State Government in exercising any right or remedy provided
by Applicable Law under or pursuant to this Agreement shall impair such right or
remedy or operate or be construed as a waiver or variation of it or preclude its exercise
at any subsequent time and no single or partial exercise of any such right or remedy
shall preclude any other or further exercise of it or the exercise of any other right or
remedy. The rights and remedies of the State Government under or pursuant to this
Agreement are cumulative, may be exercised as often as it considers appropriate and
are in addition to its rights and remedies under Applicable Law.
19.7.3. Submission of any document, information, report or notice, which contains any
information or reference to any default or breach under this Agreement or any
Applicable Law, to the State Government shall not be construed to be a deemed
approval of such breach or default and the State Government may exercise any rights
or remedies with respect to such default at any time.
19.8. Amendments
No amendment of this Agreement (or of any of the documents referred to in this

Agreement) shall be valid unless it is in writing and signed by or on behalf of each of
the Parties to it. The expression “amendment” shall include any amendment, variation,
supplement, deletion or replacement however effected. Unless expressly agreed, no
amendment shall constitute a general waiver of any provisions of this Agreement, nor
shall it affect any rights, obligations or liabilities under or pursuant to this Agreement
which have already accrued up to the date of amendment, and the rights and obligations
of the Parties under or pursuant to this Agreement shall remain in full force and effect,
except and only to the extent that they are so amended.
19.9. Counterparts
This Agreement may be executed in 2 (two) counterparts, each of which will be deemed
an original, with the same effect as if the signatures thereto and hereto were upon the
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same instrument, but all of which together will constitute 1 (one) and the same
instrument.
19.10. No agency or partnership
The Parties agree that nothing in this Agreement shall be in any manner interpreted to
constitute an agency for and on behalf of any other Party. None of the provisions of this
Agreement shall be deemed to constitute a partnership between the Parties hereto and
no Party shall have any authority to bind the other Party or shall be deemed to be the
agent of the other Party in any way.
19.11. Notices
All notices, requests, demands or other communication (“Notice”) required or

permitted to be given under this Agreement and the provisions contained herein shall
be written in English and shall be deemed to be duly sent by registered post with
acknowledgment due, or transmitted by facsimile transmission to the other Parties at
the address indicated in SCHEDULE F thereof or at such other address as the Party to
whom such notices, requests, demands or other communication is to be given shall have
last notified to the Party giving the same in the manner provided in this Clause, but no
such change of address shall be deemed to have been given until it is actually received
by the Party sought to be charged with the knowledge of its contents. Any notice,
request, demand or other communication delivered to the Party to whom it is addressed
as provided in this Clause 19.11 shall be deemed to have been given and received on
the day of its receipt at such address.
A copy of the Notice sent by registered post with acknowledgment due, or transmitted
by facsimile transmission may also be sent through email to the email addresses
specified in SCHEDULE F solely for the information of the recipient and shall take
effect only when the registered post is actually delivered or the fax is received by the
recipient, as the case may be.
19.12. Entire Agreement
The Mining Lease inclusive of this Agreement (including all such deeds and documents
issued or executed pursuant hereto or referred to herein), and the Tender Document,
together with all documents referred herein and thereunder constitutes and represents
the entire agreement between the Parties with regard to the rights and obligations of
each of the Parties and cancels and supersedes all prior arrangements, agreements or
understandings, if any, whether oral or in writing, between the Parties on the subject
matter hereof or in respect of matters dealt with herein. If there is a conflict between
the Mining Lease inclusive of this Agreement and the Tender Document, the Mining
Lease inclusive of this Agreement would have overriding effect.
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19.13. Specific performance of obligations
The State Government shall be entitled to an injunction or injunctions to prevent

breaches of this Agreement or to seek or enforce specific performance of this
Agreement, in addition to any other legal rights and remedies, without the necessity of
demonstrating the inadequacy of monetary damages.
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SCHEDULE A – LIST OF PERSONS
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SCHEDULE B – LIST OF CONSENTS AND APPROVALS
[To be provided prior to execution.]
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SCHEDULE C - PARTICULARS OF THE LEASE AREA
[To be provided prior to execution.]
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July 31, 2024
SCHEDULE D - MINIMUM PRODUCTION AND DISPATCH REQUIREMENT
The Successful Bidder shall meet the annual Minimum Production and Dispatch Requirement as
stated in the table below:
Year (since Minimum Production and Value of Performance Security

commencement of Dispatch Requirement (% of to be appropriated
mining lease) yearly production as per
approved Mining Plan)
Year 1 0% 24% of Average sale price of relevant
mineral published by IBM as applicable
Year 2 5% - Majos & Bhanta Block during the year of shortfall (multiplied
by) shortfall in dispatch [Minimum
10% - Bhora Kathra Block
Production and Dispatch Requirement
Year 3 40%
(minus) actual annual dispatch]
Year 4 60%
Year 5 onwards 60%
Page 103 of 115

July 31, 2024
SCHEDULE E - WARRANTIES
1. INFORMATION
1.1. The information, provided to the State Government during the tender process and any
time thereafter, including but not limited to the information contained in this
Agreement, by the Successful Bidder is true, accurate and not misleading in any manner
whatsoever.
1.2. Neither this Agreement nor any of the information and documents provided during the
tender process exercise contains any untrue statement of fact, or omits to state a material
fact necessary to make the statements herein or therein not misleading. The documents
provided to the State Government and/or its advisors during the conduct of the tender
process, are true and complete copies of such documents and none of the information
provided to the State Government and/or its advisors during the tender process was
incorrect, inaccurate or misleading in any manner whatsoever.
2. AUTHORITY
2.1. The Successful Bidder has full legal capacity to enter into this Agreement and to
perform its obligations under it and has taken all action necessary to authorise such
execution and delivery and the performance of such obligations.
2.2. This Agreement has been duly executed and delivered by the Successful Bidder, and
(assuming due authorisation, execution and delivery and performance by the Parties),
constitutes a legal, valid and binding obligation of the Successful Bidder, enforceable
against the Successful Bidder in accordance with the terms of the Agreement.
2.3. The Successful Bidder has obtained requisite corporate authorisation, including passing
of all necessary resolutions at the meeting of its board of directors/ partners/ members
held on [date] to execute this Agreement and carry out all transactions and actions
contemplated under this Agreement and do all necessary acts incidental to this
Agreement.
2.4. The execution and delivery of this Agreement by the Successful Bidder and the
performance of the obligations under it do not and shall not:
(a) conflict with or violate any provision of the memorandum of association or

articles of association of the Successful Bidder;
(b) require on the part of the Successful Bidder, any filing with, or permission,
authorisation, consent or approval of, any Governmental Authority;
(c) conflict with, result in breach of, constitute (with or without due notice or lapse
of time or both) a default under, result in the acceleration of obligations under,
create in favour of any party any right to terminate, modify or cancel, or require
any notice, consent or waiver under, any contract or instrument to which the
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July 31, 2024
Successful Bidder is party or by which it is bound or to which its assets are

subject; and
(d) violate, conflict with or constitute a default under any Applicable Law, lien,
lease, judgement, award, Act, order, writ, injunction, decree, statute, rule or
regulation or any other restriction of any kind or character applicable to the
Successful Bidder or its properties or assets.
2.5. No person is entitled to any brokerage, finder's, or other similar fee or commission in
connection with the transactions contemplated by this Agreement.
3. GENERAL
The Successful Bidder
(a) is duly organised, validly existing and in good standing under the laws of
India;
(b) meets all the Eligibility Conditions prescribed under the Act read with the
Auction Rules and the Tender Documents;
(c) has the financial standing and capacity to undertake mining operations at the
Lease Area in accordance with the Minimum Production and Dispatch
Requirement;
(d) is subject to civil and commercial laws of India with respect to this Agreement
and it hereby expressly and irrevocably waives any immunity in any
jurisdiction in respect thereof;
(e) there are no actions, suits, proceedings or investigations pending or to the

Successful Bidder’s knowledge threatened against it at law or in equity before
any court or before any other judicial, quasi judicial or other authority, the
outcome of which may constitute an event of default hereunder;
(f) has neither violated or defaulted nor has knowledge of any violation or default
with respect to any order, writ, injunction or any decree of any court or any
legally binding order of any Governmental Authority;
(g) has complied with Applicable Law and has not been subject to any fines,
penalties, injunctive relief or any other civil or criminal liabilities;
(h) except as set forth in any Mining Lease, all rights and interests of the Successful
Bidder in and to the Lease Area shall pass to and vest in the relevant
Governmental Authority on the date of termination or expiry hereof, free and
clear of all Encumbrances without any further act or deed on the part of the
Successful Bidder or the Central Government;
(i) no bribe or illegal gratification or any other illegal amount has been paid or will
Page 105 of 115

July 31, 2024
be paid in cash or kind by or on behalf of the Successful Bidder to any Person

to procure the rights granted hereunder; and
(j) Without prejudice to any express provision contained in this Agreement, the
Successful Bidder acknowledges that prior to the execution of this Agreement,
the Successful Bidder has after a complete and careful examination made an
independent evaluation of the Lease Area and the information provided by the
State Government, and has determined to its satisfaction the nature and extent
of risks and hazards as are likely to arise or may be faced by the Successful
Bidder in the course of performance of its obligations hereunder. The Successful
Bidder also acknowledges and hereby accepts the risk of inadequacy, mistake
or error in or relating to any of the matters set forth above and hereby confirms
that the State Government and any Governmental Authority shall not be liable
for the same in any manner whatsoever to the Successful Bidder.
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July 31, 2024
SCHEDULE F - ADDRESS FOR PROVIDING NOTICES
A. Notice to the State Government
Address
Telephone
Fax
E-mail (only
for
information)
With CC to the Central Government
Address Ministry of Mines

Telephone
Fax
E-mail (only
for
information)
B. Notice to the Successful Bidder
Address
Telephone
Fax
E-mail (only
for
information)
Page 107 of 115

July 31, 2024
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by
their duly authorised representatives on the date and year written below, at Bihar:
Signatories
Government of Bihar [Name of the Successful Bidder]
…………………………………… ……………………………..
Name: Name:
Designation: Designation
Date: Date:
Duly authorized to execute this

Agreement pursuant to resolution
passed by the board of directors of the
[name of the Successful Bidder] on
[date].
Page 108 of 115

July 31, 2024
SCHEDULE G - TREATMENT OF SHORTFALL QUANTITY
Limestone :
The shortfall quantity shall be considered in the same ratio for each type of grade, as
the ratio arrived at based on the quantities of each type of grade actually dispatched in
a year.
Price to be applied for shortfall quantity: the average of the monthly Average Sales
Price (Bihar) published by IBM for the concerned grade and in the event Bihar State
price is not published by IBM then all India published price will be considered.
Provided in case of no production during a year, ratio of grades’, as per dispatches in
the preceding year will be considered for treatment of shortfall quantity for each type,
in such year. However, price to be applied for the shortfall quantity shall be based on
Average Sales Price (Bihar) published by IBM for the concerned grade and in the event
Bihar State price is not published by IBM then all India published price for the financial
year with no production for the purpose of calculation of payment related to Minimum
Production and Dispatch Requirement.
Provided further in case of no production after the grant of Mining Lease, ratio of
grades’ in the geological report shall be considered. Further, the price to be applied for
the shortfall quantity shall be based on Average Sales Price (Bihar) published by IBM
for the concerned grade and in the event Bihar State price is not published by IBM then
all India published price for the financial year with no production for the purpose of
calculation of payment related to Minimum Production and Dispatch Requirement.
Iron Ore (Magnetite):

The shortfall quantity shall be considered in the same ratio for each type of grade, as
the ratio arrived at based on the quantities of each type of grade actually dispatched in
a year.
Price to be applied for shortfall quantity: the average of the monthly Average Sales
Price (Bihar) published by IBM for the concerned grade and in the event Bihar State
price is not published by IBM then all India published price will be considered.
Provided in case of no production during a year, ratio of grades’, as per dispatches in

the preceding year will be considered for treatment of shortfall quantity for each type,
in such year. However, price to be applied for the shortfall quantity shall be based on
Average Sales Price (Bihar) published by IBM for the concerned grade and in the event
Bihar State price is not published by IBM then all India published price for the financial
year with no production for the purpose of calculation of payment related to Minimum
Production and Dispatch Requirement.
Provided further in case of no production after the grant of Mining Lease, ratio
of grades’ in the geological report shall be considered. Further, the price to be applied
for the shortfall quantity shall be based on Average Sales Price (Bihar) published by
Page 109 of 115

July 31, 2024
IBM for the concerned grade and in the event Bihar State price is not published by IBM
then all India published price for the financial year with no production for the purpose
of calculation of payment related to Minimum Production and Dispatch Requirement.
Page 110 of 115

July 31, 2024
Schedule V: Format of Information Memorandum

[Attached separately to the Tender Document on the e-auction website of MSTC Limited]
Page 111 of 115

July 31, 2024
Schedule VI: Indicative Format of Letter of Intent
No.
[Insert Address of State
Government]
Date:
To,
[Name of Preferred Bidder]
[Address of Preferred Bidder]
Sub: Letter of intent with reference to e-auction dated [Insert Date] for grant of a mining lease
for [Name of Mineral Block] for [Name of the Mineral] in ………… village,
……………. Taluka, ………………… District on ………………… Hectare Area of
Survey No. ……………
1. Background:
1.1. Government of Bihar, pursuant to the Mines and Minerals (Development and
Regulation) Act, 1957 (the “Act”) and the Mineral (Auction) Rules, 2015 as
amended from time to time (the “Auction Rules”), issued the notice inviting
tender dated [Insert Date] to commence the auction process for grant of mining
lease for [Name of Mineral Block] located in [Name of the District of Bihar].
The e-auction process was conducted in accordance with the tender document
for the said mineral block and [Name of the Preferred Bidder] was declared as
the ‘Preferred Bidder’ under Rule 9(9)(iii) or Rule 10(1A) of Auction Rules,
having quoted a Final Price Offer of [Insert Amount].
1.2. As required under Rule 10(1) or Rule 10(1A) of the Auction Rules and the
tender document for the said mineral block, [Name of the Preferred Bidder] has
made payment of the first instalment, being 20% (twenty per cent) of the upfront
payment of Rs. [Insert Amount (both in number and words)] through [Mode of
Payment] dated [date of making of payment], which was received on [Date of
receipt of payment] at [location].
2. Grant of Letter of Intent

2.1. Accordingly, pursuant to Rule 10(2) of the Auction Rules and the terms of the
Tender Document, the Government of Bihar is issuing this letter of intent for
grant of Mining Lease for [Name of Mineral Block] for [Name of the Mineral]
in ………… village, ……………. Taluka, ………………… District on
………………… Hectare Area of Survey No. ……………to [Name of
Preferred Bidder] for a period of 50 (fifty) years.
Page 112 of 115

July 31, 2024
3. Conditions
3.1. This letter of intent and the subsequent grant of aforementioned mining lease
shall be subject to the provisions of the Act and the Rules made thereunder, as
amended from time to time, and the [Name of the Preferred Bidder] shall be
designated as the ‘Successful Bidder’ and subsequently granted the mining lease
only upon satisfactory completion of all the requirements under the Act and
Rules made thereunder.
The State Government may impose such other conditions in the Mine
Development and Production Agreement (MDPA) and/or Mining Lease as may
be considered by the State Government to be in the interest of mineral
development and in public interest.
[Name of the Preferred Bidder] shall be bound by (i) the enactment, bringing
into effect, adoption, promulgation, amendment, modification or repeal of any
Applicable Laws (including the Act and Rules) occurring at any time, including
prior to or after the Bid Due Date; (ii) any amendments made by the State
Government to this effect in the Tender Document, the letter of intent, the
MDPA and/or the Mining Lease deed at any time, including prior to or after the
Bid Due Date.
3.2. For reference, the requirements under the Auction Rules for designation of
[Name of the Preferred Bidder] as the ‘successful bidder’ and subsequent grant
of the mining lease are reiterated below. It is clarified that the requirements
mentioned below are only for reference and in the event of any change in the
Act or the Rules made thereunder, the requirements under the modified Act or
the Rules made thereunder, as the case may be, shall be applicable.
(a) Designation as the “Successful Bidder”:

[Name of the Preferred Bidder] shall be considered to be the “Successful
Bidder” upon:
(i) continuing to be in compliance with all the terms and conditions
of eligibility;
(ii) payment of the second instalment being 20% (twenty per cent)
of the upfront payment;
(iii) furnishing an irrevocable and unconditional performance
security to the State Government from an Acceptable Bank and
payable at Patna, Bihar pursuant to the Auction Rules;
(iv) satisfying the conditions specified in clause (b) of sub-section
(2) of Section 5 of the Act with respect to a mining plan; and
(v) [Additional condition, if any, to be mentioned – prior approval
of the Central Government must have been obtained with respect
Page 113 of 115

July 31, 2024
to such additional condition – as required under Rule 10(3)(e) of

the Auction Rules.].
(b) Signing of the Mine Development and Production Agreement

[Name of the Successful Bidder] shall sign the Mine Development and
Production Agreement with the Government of Bihar upon obtaining all
consents, approvals, permits, no-objections and the like as may be
required under applicable laws for commencement of mining
operations.
(c) Grant of Mining Lease

Subsequent to signing of the Mine Development and Production
Agreement, [Name of the Preferred Bidder/ Successful Bidder] shall
make payment of the third instalment being 60% (sixty per cent) of the
upfront payment and thereafter the Government of Bihar shall grant the
aforementioned mining lease.
4. Validity
4.1. This Letter of Intent shall be valid only if [Name of the Preferred Bidder]
ensures that the Bid Security is valid until the Performance Security is furnished
to the Government of Bihar failing which this letter of intent shall become
invalid from the date of expiry of the Bid Security.
4.2. This letter of intent is valid for a period of 3 (three) years from the date of its
issuance, within which time all the above conditions must be fulfilled and the
Mining Lease deed must be executed between the [Name of the Preferred
Bidder] and the Government of Bihar. In case there is a delay in execution of
Mining Lease deed due to reasons beyond the control of the Preferred Bidder,
then it may submit an application to Government of Bihar, requesting for further
extension
4.3. If the Government of Bihar is satisfied that there is a delay in execution of
Mining Lease deed due to reasons beyond the control of the Preferred Bidder
and a longer period is required to enable the Preferred Bidder to satisfy all or
any of the above conditions, it may extend the validity of this letter of intent for
such period or periods as the Government of Bihar may specify. Provided that:
(a) this letter of intent shall be extended for a maximum period of 2 (two) years;
and (b) the total period for which this letter of intent would remain valid must
not exceed 5 (five) years from the date of issuance.
4.4. The holder of the Letter of Intent shall comply with the terms and conditions
of this Letter of Intent, including executing the Mining Lease within the period
referred to in Sub-rule 6 of Rule 10 of the Auction Rules, failing which:
a) this Letter of Intent shall be revoked; and
b) the Bid Security or the Performance Security, as the case may be, and
any instalment of Upfront Payment paid, shall be forfeited and
appropriated in full by the State Government
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July 31, 2024
[Name of the Preferred Bidder] shall furnish acceptance of the terms and conditions of Letter
of Intent by [Insert Date].
[Designation]
[Name of the State Department]
Copy to:
1.
Page 115 of 115

July 31, 2024

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Blank Tender Document for Auction of Mining Leases for Virgin Mineral Blocks

Blank Tender Document

[Insert Tender Reference No.]

[Insert Name of Mineral Block]

July 31, 2024 Page 1 of 115

13.11. Rejection of bids .................................................................................. 34

i. minerals notified as Minor Mineral(s) specified in clause (e) of Section

3.2. In exercise of powers conferred by Section 13 of the Act, the Central

4. The Mineral Block

(iii) an indicative list of clearances and permissions required to be obtained

4.2. Bidders are strongly encouraged to review the Information Memorandum.

(1) A State Government shall not grant a mineral concession

(a) is an Indian national, or company as defined in

(b) satisfies such conditions as may be prescribed:

Provided that in respect of any mineral specified in Part A and

Explanation.--For the purposes of this sub-section, a person

(a) in the case of a firm or other association of individuals,

(b) in the case of an individual, only if he is a citizen of India.

(i) an allocation order has been issued by the Central

(ii) a notification of reservation of area has been issued by

(iii) a vesting order or an allotment order has been issued by

Provided also that the composite licence or mining lease shall

(2) No mining lease shall be granted by the State Government unless

(a) there is evidence to show the existence of mineral

(b) there is mining plan duly approved by the Central

Provided that a mining lease may be granted upon the filing of

a. If the Value of Estimated Resources is equal or more than Rupees one

In case of an individual or sole proprietorship, the valuation of

and pledge), and that the said individual or sole proprietorship is

Further, for computation of the Bidder’s net worth, if an

6. Review Period and Site Visit

A. First round of e-auction

(i) The Technical Bid comprising amongst others,

(ii) Initial price offer, which shall be a percentage of

The Technical Bid and the initial price offer must be

In case of a conflict between documents submitted

(b) The Technical Bid shall be evaluated to ascertain compliance

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

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

(iii) is submitted electronically in the manner prescribed

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

(v) does not contain any condition or qualification;

(vi) only 1 (one) Technical Bid has been submitted by the

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

(c) Only those Bidders who are found to be eligible in accordance

(d) The highest initial price offer amongst the Technically

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

Technically Qualified Bidders, whichever is higher, shall

Provided that if the number of Technically Qualified Bidders

Provided further that in the event of identical initial price

(i) In the event there are a total of 10 (ten) Technically

a. The State Government is not obliged to provide

except as required/permitted under the Tender

(g) On annulment of the first attempt of auction, the State Government

i. commence the auction process de novo with a separate set

ii. conduct the second attempt of auction.

i. the highest initial price offer of the Technically Qualified

i. the bidding shall continue to the second round even in

B. Second round of e-auction

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