Beruflich Dokumente
Kultur Dokumente
APPENDIX – 13
Bidder i.e. Lead Member seeking Qualification having its own strength under Cl.
5.2 of RFQ Document and bidding as per Cl. No. 5.1.4 (b) (iii) of
RFQ Document
(on the strength of other associate(s) collectively meeting both the TQR i.e. set up and
operation as per Cl. No. 5.1.4 (b) (ii) of RFQ. The bidder i.e. Lead Member has to
meet atleast Clause no. 5.2 of RFQ)
[To be submitted before signing of the Contract by the Bidder i.e. Lead
Member]
CMPDI
WHEREAS the Owner has invited Proposal for Jagannath Washery in
Jagannath Area of MCL on “Build–Operate-Maintain” (BOM) concept, vide its Bid
Notice No./ Bid Document No.MCL/SAMB/CIVIL/09-10/1214 dated 29.08.2009
AND WHEREAS, M/s OSD Coke Pvt. Ltd. (the Bidder/ LM) has submitted its
Proposal bearing Ref. No. ...................... dated ................. based on MoU dated
……….. in association with (1) M/s ........................., (2) M/s ......................... &
(3) M/s Jindal Steel & Power Ltd.*, (the Associate 1, 2 & 3 respectively) and this
Deed of Joint Undertaking under these presents and the proposal, in accordance
with the requirements of cl. no. 6.4.1 of RFQ Document, have been signed jointly
by us.
AND WHEREAS M/s OSD Coke Pvt. Ltd. (the Bidder/ LM) have requisite FQR of
Clause 5.2 of Qualifying Requirements, Chapter-5 of RFQ of Bid Document and is
entitled to bid under Clause 5.1.4 (b) (iii) of Associate/ Consortium Route of
Chapter-5 of RFQ of the Bid Document, as the Bidder associates with (1)
M/s ........................., (2) M/s ......................... & (3) M/s Jindal Steel & Power ltd.
*. M/s ………………. (Associate 1) has experience of Set-up/ Operation/ None*,
M/s ………………. (Associate 2) has experience of Set-up/ Operation/ None* and
M/s Jindal Steel & Power Ltd. (Associate 3) has experience of Set-up and Operation
and thus after association, the Bidder & his Associate(s) collectively meet the
requirements of plant set-up under Cl. No. 5.1.1 and of plant operation as per Cl.
No. 5.1.2 of Qualifying Requirements, Chapter-5 of RFQ of Bid Document. The said
Bidder (LM) and its Associate(s) hereby furnish an undertaking that they shall
be held jointly and severally responsible and bound unto Owner for Setting up
of Coal Washery as well as performance of the Contract for the period for which
the association has entered into this JDU, fully meeting the parameters
guaranteed for the Coal Washery as per the bidding documents/ specifications
including furnishing Financial Securities, in the event the Proposal is accepted by
the Owner, resulting in a Contract (hereinafter called the "Contract").
Job No.311707243 A – 30 Signature of Bidder
with Seal and Date
CMPDI
The role, tenure & % stake of the members of the Association/ Consortium is as given
hereafter :
M/s Jindal Steel & Set up & Operation Entire Contract Period
Power Ltd.(Associate
3)
1.0 That in consideration of the Award of the Contract by the Owner to M/s
OSD Coke Pvt. Ltd. (the Bidder i.e. LM), we, the aforesaid Bidder (LM) and the
Associate(s), will jointly and severally be responsible in accordance with the
Contract to Owner for successful Setting up of Coal Washery as well as
performance of the Contract, fully meeting the guaranteed parameters required as
per the Contract Specification.
2.0 The Bidder (LM) alongwith the Associate(s) having the experience of set up
and associate(s) having the experience of operation shall have responsibility of
set up and operation & maintenance of the plant for entire term of the contract.
2.1 Without prejudice to the generality of the undertaking in paragraph 1.0 above, the
manner of achieving the objective set-forth in paragraph 1.0 above shall be as follows:
a) M/s Jindal Steel & Power Ltd. (name of the Associate(s) having Technical
Qualification Requirement as per Cl. No. 5.1.1 of RFQ Document) shall be
required to furnish the design and to advise and provide necessary technical
assistance to M/s OSD Coke Pvt. Ltd..
c) In the event, the Associate(s) and the Bidder (LM) fail to demonstrate
successful performance of the Coal Washery, as set forth in the Bidding
Documents, the Associate(s) and the Bidder (LM) will be jointly responsible for
taking proper corrective measures.
e) The Associate(s) will be fully responsible for the quality of all the
equipment/ main assemblies/ components manufactured at its works or at its
Vendor's works and, if necessary, their repair or replacement, for incorporation
in the Coal Washery, and timely completion as per the Contract.
f) However, the Associate(s) having experience of set up as per Cl. No. 5.1.1 of
the RFQ Document shall have exclusive responsibility of setting up of the said
washery and also have responsibility in general for operation & maintenance of the
plant as per the tenure specified in this JDU.
4.0 We, the Bidder (LM) and the Associate(s), undertake not to revoke this
Undertaking for the full term of the Contract or until a minimum period as
stipulated in this JDU and further stipulate that the undertaking herein
contained shall terminate upon satisfactory completion of such period. We further
agree that this Undertaking shall be without prejudice to the various liabilities
of the Bidder (LM), including the Financial Security as well as other
obligations of the Bidder (LM) in terms of the Contract.
5.0 In case of award, the Bidder (LM) & his Associate(s) shall furnish a
Financial Security in proportion to their respective stakes (in INR) in favour of
the Owner from any reputed commercial bank @ acceptable to Owner. The value of
such Financial Security for Development Guarantee and/ or Contract
Performance Guarantee shall be guaranteed towards the faithful performance/
compliance of this Joint Deed of Undertaking in accordance with the terms &
conditions specified herein. The guarantee shall be unconditional, irrevocable and
valid as stipulated under the Contract. The guarantee amount shall be payable to
Owner on demand without any demur, reservation, protest or contest.
6.0 That this Deed will form an integral part of the Contract awarded to the Bidder
(LM) on acceptance of its Proposal and shall be operative from the date of the
Contract coming into force.
ASSOCIATE(S)
For and on behalf of (1) M/s ………(2) M/s ………(3) M/s Jindal Steel & Power
Ltd.*
(Name of the Associates)
@ The Bank Guarantee shall be from any of the Bank listed in Bidding
Documents.
* Strike out whichever is not applicable.