RFP – Dugda Washery Monetization

Date: 12.03.2024

REQUEST FOR PROPOSAL

FOR SELECTION OF WASHERY DEVELOPER & OPERATOR

FOR THE WORK OF

DESIGN, BUILD/ RENOVATION, OPERATION & MAINTENANCE

OF

THE DUGDA COAL WASHERY WITH CAPACITY OF 2 MTPA AT BOKARO,

JHARKHAND
ON

BUILD/ RENOVATION, OPERATION, MAINTENANCE AND TRANSFER MODEL

BHARAT COKING COAL LIMITED (A MINI RATNA COMPANY)

(A SUBSIDIARY OF COAL INDIA LIMITED – A MAHARATNA COMPANY)
KOYLA BHAWAN, KOYLA NAGAR, DHANBAD – 826005
CIN: U10101JH972GO1000918

Phone No.: +91-326-2230201

Fax no.: +91-326-2230201
Email: [email protected]
Website: www.bcclweb.in

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Important Notice

The information contained in this Request for Proposal document (the “RFP”) or subsequently
provided to Bidder(s), by or on behalf of Bharat Coking Coal Limited (“BCCL”) or any of
BCCL’s authorized representatives, is provided to Bidder(s) on the terms and conditions set
out in this RFP and such other terms and conditions subject to which such information is
provided.

This RFP is neither an agreement, nor an offer by BCCL to the prospective Bidders or any
other Person. The purpose of this RFP is to provide Bidders with information that may be
useful to them in preparing their bid pursuant to this RFP and all other documents which the
Bidder is required to submit under the RFP (the "Bid"). This RFP includes statements, which
reflect various assumptions and assessments arrived at by BCCL in relation to the Project.
Such assumptions, assessments and statements do not purport to contain all the information
that each Bidder may require. This RFP may not be appropriate for all Persons, and it is not
possible for BCCL, its authorized representatives to consider the investment objectives,
financial situation and particular needs of each party who reads or uses this RFP. The
assumptions, assessments, statements and information contained in this RFP, 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 RFP and obtain independent advice from appropriate sources.

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

BCCL, its authorized representatives, employees and advisers 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 RFP or otherwise, including the accuracy, adequacy,
correctness, completeness or reliability of the RFP and any assessment, assumption, statement
or information contained therein or deemed to form part of this RFP or arising in any way in
relation to the Bidding Process or award process.

This RFP, along with its Annexures, is not transferable. The RFP and the information
contained therein, are to be used only by a prospective Bidder to whom, it is issued. It may
not be copied or distributed by the recipient to third parties (other than in confidence to the
recipient’s professional advisors). In the event that the recipient does not continue with its
involvement in the work in accordance with this RFP, this RFP document shall be kept
confidential.

BCCL accepts no liability of any nature whether resulting from negligence and/or omission
to review any addendum/ corrigendum, or otherwise howsoever caused arising from reliance
by any Bidder upon the statements contained in this RFP. It is the responsibility of the Bidders
to make their own assessments while preparing their proposals/Bids.

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BCCL shall 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 RFP.

BCCL reserves the right to accept or reject any or all of the Bids; qualify or disqualify any or
all Bidders, without giving any reason and is not obliged to correspond with any Bidder in
this regard. Further, BCCL reserves the right to relax, change, review, revise and/or cancel
the criteria set out herein and the Bidding Process, at any time, without assigning any reason
whatsoever. The RFP and invitation does not give rise to any right in rem and is not an offer
or invitation to offer.

The Bidder shall bear all 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 BCCL or any
other costs incurred in connection with or relating to its Bid. All such costs and expenses will
remain with the Bidder and BCCL shall not be liable in any manner whatsoever for the same
or for any other costs or other expenses incurred by a Bidder in preparation for submission of
the Bid, regardless of the conduct or outcome of the Bidding Process. BCCL shall not entertain
any claim for expenses in relation to the preparation of any Bid pursuant hereto.

BCCL, at its absolute discretion, reserves the right to modify any proposed terms and
conditions set out in the RFP as necessary, including but not limited to cancelling/
withdrawing the RFP, and/ or cancelling/ withdrawing the Project under this RFP to meet
its objectives and principles or even otherwise.

This RFP has been designed so that the Bidders follow a step-by-step process from Bid
preparation to submission to evaluation and award. Each prospective Bidder shall conduct its
own research and analysis, check the accuracy, reliability and completeness of the information
provided in this RFP. Bidders to note that the completion of proposed transaction and/or
award of the work contemplated under the tender documents is subject to the receipt of no
objection certificates/approvals, as applicable, for the land lease from the relevant
persons/regulatory authorities under the applicable laws.

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Abbreviations

BCCL Bharat Coking Coal Limited

CIL Coal India Limited

FSA Fuel Supply Agreement

FY Financial Year

GoI Government of India

IST Indian Standard Time

LOI Letter of Intent

NRS Non-Regulated Sector

MOC Ministry of Coal

MTPA Million Tonnes Per Annum

NIT Notice Inviting Tender

RFP Request For Proposal

TEC Technical Evaluation Committee

WDO Washery Developer and Operator

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Important Notice ....................................................................................................................................... 2

Abbreviations ............................................................................................................................................. 4
Definitions .................................................................................................................................................. 6
Chapter 2 Introduction...................................................................................................................... 11
Chapter 3 Dugda Coal Washery ...................................................................................................... 13
Chapter 4 Transaction Structure ...................................................................................................... 19
Chapter 5 Obligations Of BCCL ...................................................................................................... 21
Chapter 6 Obligations of Successful Bidder/ WDO ..................................................................... 22
Chapter 7 Eligibility Conditions ...................................................................................................... 24
Chapter 8 Bidding Process................................................................................................................ 25
Chapter 9 General Instruction to Bidders ...................................................................................... 45
Chapter 10 Bid Security and Process Fee ......................................................................................... 49
Chapter 11 Performance Security under Transaction Agreements .............................................. 51
Chapter 12 Payments by Successful Bidder ..................................................................................... 53
Chapter 13 Change in Control and Transfer .................................................................................... 55
Chapter 14 Fraud and Corrupt Practices .......................................................................................... 58
Chapter 15 Pre-Bid Conference.......................................................................................................... 60
Chapter 16 Miscellanous ..................................................................................................................... 61
Annexure I Letter Comprising Technical Bid .............................................................................. 64
Annexure II Statutory Auditor Certificate – Financial Criteria .................................................. 68
Annexure III Documents to be Submitted against FSA ................................................................ 69
Annexure IV Format of Power of Attorney..................................................................................... 71
Annexure V Format of Bank Guarantee for Bid Security ............................................................ 73
Annexure VI Format for Non-Disclosure Undertaking................................................................. 76
Annexure VII Format for Affidavit-Cum-Undertaking .................................................................. 80
Annexure VIII Format of Queries ....................................................................................................... 82
Annexure- IX Letter of Authorization for Undertaking Site Visit and accessing Data Room
................................................................................................................................................................... 83
Annexure X Integrity Pact ..................................................................................................................... 84
Annexure XI Deed of Adherence .......................................................................................................... 89
Annexure XII Consumption Norms.................................................................................................. 92
Annexure XIII Format of Letter of Intent ......................................................................................... 93
Annexure XIV Modalities for Banning/ Blacklisting of NRS Consumers for Misutilization/
Misdirection of Coal ............................................................................................................................... 95
Annexure XV Electronic Platform Guidelines ................................................................................. 98
Annexure XVI Process Flow Chart.................................................................................................... 99
Annexure XVII Details of Coal Linkage ............................................................................................ 102
Annexure XVIII Washery Development & Operations Agreement ............................................. 103
Annexure XIX Fuel Supply Agreement ......................................................................................... 104
Annexure XX Schedule of Encumbrances ...................................................................................... 105
Annexure XXI Self-Certificate for Captive Coal Mine.................................................................. 106
Annexure XXII Lease Rental Schedule............................................................................................... 108

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Definitions

1.1 Definitions
1.1.1 “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.
1.1.2 ”Adjustment” shall have the meaning ascribed to such term in Clause 8.8.2(a).
1.1.3 “Affiliate” means with respect to a Bidder, a Person who, directly or indirectly: (i)
Controls such Bidder; (ii) is Controlled by such Bidder; (iii) is Controlled by the
same Person, who directly or indirectly, controls such Bidder; or (iv) is an Associate
Company of such Bidder.
1.1.4 “Allocated Quantity” shall have the meaning ascribed to such term in Clause
8.8.1(m)
1.1.5 “Applicable Law” means all applicable statutes, laws, by-laws, rules, regulations,
orders, ordinances, protocols, codes, guidelines, policies, notices, directions,
judgments, decrees and/ or other requirements or official directives of any
governmental authority or court or other rules or regulations, approvals 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.
1.1.6 “Approved Mine Plan” shall mean a mine plan which has been approved in
accordance with the Applicable Laws in relation to the captive coal mine.
1.1.7 “Authorised Signatory” shall mean the individual representing a Bidder who has
been duly authorised on behalf of such Bidder to (i) use the Bidder’s digital
signature certificate; (ii) execute and submit the Bid on behalf of the Bidder; (iii) sign
the Affidavit cum undertaking set out in Annexure VII and the power of attorney
set out in Annexure IVon behalf of the Bidder; and (iv) execute and submit such
other documents as may be deemed necessary, in accordance with the terms hereof.
1.1.8 “Associate Company” has the meaning ascribed to the term ‘associate company’ in
clause (6) of section 2 of the Companies Act, 2013.
1.1.9 “BCCL” or “Authority” shall mean Bharat Coking Coal Limited.
1.1.10 “Bid” shall mean the Technical Bid and Financial Bid submitted by a Bidder
pursuant to this RFP.
1.1.11 “Bid Security” shall have the meaning ascribed to such term in Clause 10.1.1.
1.1.12 “Bidding Document(s)” shall mean this document including its Annexures, any
addendum or corrigendum to this RFP and all other documents issued in relation
to the Bidding Process including the Notice Inviting Tender and the Transaction
Agreements.
1.1.13 “Bidding Process” shall have the meaning as ascribed to it in Chapter 8.
1.1.14 “Bid Due Date” shall mean the date and time, on or before which the Technical Bid
is required to be submitted in accordance with Chapter 8.

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1.1.15 “Bidder” shall mean a Company registered under the Companies Act 2013 or any
previous company law, as applicable in India, which has submitted the Bid.
1.1.16 “Build/Renovation” shall mean construction of a new washery or renovation and
strengthening of existing Dugda Washery (including augmentation, if required)
which inter-alia includes planning, design & engineering, selection of necessary
equipment and machineries, procurement, delivery, erection/ installation, testing,
successful commissioning of coal washery plant and all allied activities.
1.1.17 “Build/Renovation Period” shall mean the period of 42 (forty-two) months
commencing from the date of execution of the WDO Agreement.
1.1.18 "CCO“ means Coal Controller Organisation, Ministry of Coal, Government of
India.
1.1.19 “Certificate of Commercial Operation” shall mean the certificate submitted by the
WDO to BCCL issued in accordance with the WDO Agreement stating that the
Washery can commence operation and undertake the process of washing of raw
coal to generate the End Products.
1.1.20 “CIL” means Coal India Limited (a Government of India undertaking).
1.1.21 “Coal Linkages” shall have the meaning ascribed to it in Clause 4.1.1
1.1.22 “Coal Washery Rejects” shall have the meaning ascribed to the term in the Washery
Rejects Policy.
1.1.23 “Commercial Operation Date” or “COD” shall mean the date on which the
Certificate of Commercial Operation is issued in respect of the Washery of 2 (two)
MTPA Rated Capacity.
1.1.24 “Completion Certificate” shall mean a self-certificate issued in accordance with the
WDO Agreement from the Successful Bidder notifying the Authority of the
completion of building/renovation of the Washery for the Rated Capacity.
1.1.25 “Company” shall have the meaning ascribed to such term in Section 2(20) of the
Companies Act, 2013.
1.1.26 “Contract Period” shall mean a period of 25 (twenty-five) years from the date of
execution of the WDO Agreement, which may be mutually extended by further 5
Years in accordance with the WDO Agreement. For avoidance of doubt, it is
clarified that the Contract Period shall be inclusive of the Build/Renovation Period.
1.1.27 “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.
1.1.28 “CPP” shall mean captive power plant having the meaning as per Rule 3 of the
Electricity Rules, 2005.
1.1.29 “Day” shall mean a period of 24 (twenty-four) hours from midnight to midnight
according to the Gregorian calendar.
1.1.30 “Demand Supply Ratio” shall mean sum of Link Quantity submitted by each
bidder for a particular round divided by the total quantity of coal being offered.
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1.1.31 “Delivery Point” shall have the meaning ascribed to the term in the Fuel Supply
Agreement.
1.1.32 “Dugda Washery” or “Washery” means the coal washery situated on the Project
Land in district Bokaro of Jharkhand which shall be developed/renovated by the
Washery Developer and Operator in accordance with the WDO Agreement.
1.1.33 “Electronic Platform” shall have the meaning ascribed to such term in Clause 8.1.1.
1.1.34 “Eligibility Conditions” shall mean the eligibility criteria specified in Chapter 7.
1.1.35 “Encumbrance” means: (i) a security interest of whatsoever kind or nature
including any mortgage, charge (whether fixed or floating), pledge, lien (including
negative lien), hypothecation, assignment, deed of trust, title retention, or other
encumbrance of any kind securing, or conferring any priority of payment in respect
of, any obligation of any Person including without limitation, any right granted by
a transaction which, in legal terms, is not the granting of security but which has an
economic or financial effect similar to the granting of security under Applicable
Laws; (ii) any voting agreement, interest, option, right of first offer, or refusal or
transfer restriction in favour of any Person; and (iii) any adverse claim as to title,
possession, access or use.
1.1.36 “End Products” shall mean the products generated from the Washery by washing
the coal supplied by BCCL under the FSA in the Washery including washed coking
coal and washed power coal.
1.1.37 “Financial Bid” shall mean the premium required to be submitted as per Clause
8.3.1(b).
1.1.38 “Financial Bid Stage” shall have the meaning ascribed to it in Clause 8.5.
1.1.39 “Fuel Supply Agreement” or “FSA” shall mean the fuel supply agreement as per
Annexure XIX Fuel Supply Agreement to be entered between BCCL and the
Washery Developer and Operator.
1.1.40 “Indexed Price” shall mean the price derived on the basis of applicable price index.
1.1.41 “Last Round” shall have the meaning ascribed to the term in Clause 8.8.1(k).
1.1.42 “Link Quantity” shall have the meaning ascribed to the term in Clause 8.8.1(c).
1.1.43 “LOI” shall have the meaning ascribed to such term in Clause 4.1.2.
1.1.44 “Modulated Price” shall mean higher of the Notified Price or the Indexed Price, as
applicable.
1.1.45 “Month” shall mean a calendar month according to the Gregorian calendar.
1.1.46 “Normative Coal Requirement” shall mean the normative coal requirement
determined in accordance with Clause 8.6.
1.1.47 “Net Worth” means the aggregate value of the paid-up share capital and all reserves
created out of the profits and securities premium account, after deducting the
aggregate value of the accumulated losses, deferred expenditure and miscellaneous
expenditure not written off, as per the audited balance sheet, but does not include
reserves created out of revaluation of assets, write-back of depreciation and
amalgamation.

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1.1.48 “Person” means any natural person, firm, Company, governmental authority, joint
venture, partnership, limited liability corporation, association, fund, trust or other
entity (whether or not having a separate legal personality).
1.1.49 “Performance Security” shall have the meaning ascribed to it under Clause 0.
1.1.50 “Performance Security – FSA” shall have the meaning ascribed to it under Clause
11.2.1.
1.1.51 “Performance Security – WDO Agreement” shall have the meaning ascribed to it
under Clause 11.1.1.
1.1.52 “Process Fee” shall have the meaning ascribed to such term in Clause 10.2.
1.1.53 “Project” means Design, Build/Renovation, Operation, Maintenance and Transfer
of the Dugda Washery with capacity of at-least 2 (two) MTPA at Bokaro,
Jharkhand.
1.1.54 “Rated Capacity” shall mean with respect to the Washery, a minimum Throughput
of 2 (two) MTPA.
1.1.55 “Reserve Price” shall have the meaning assigned to such term in Clause 8.8.1(b).
1.1.56 “Rs” or “INR” means Indian Rupees.
1.1.57 “SCCL” shall mean the Singareni Collieries Company Limited.
1.1.58 “Scheduled Production” shall mean the scheduled quantity of coal production for
a year, from the captive coal mine as per the Approved Mine Plan.
1.1.59 “Scope of Works” shall have the works as listed in Clause 6.3.
1.1.60 “Selected Round” shall have the meaning assigned to such term in Clause 8.8.1(k).
1.1.61 “Service Provider” shall mean the entity that provides the Electronic Platform.
1.1.62 “Specified End-Use Plant” means one or more blast furnace units (with or without
a coke oven plant) which is commissioned and is used to produce steel (in a single
location within the same boundary and/or geographically different location)
located in India and owned by the Bidder and may include a CPP or a
cogeneration unit or any other unit of the Bidder for usage in its Specified End Use
Plant which is commissioned or to be commissioned
1.1.63 “Site” or “Project Land” shall mean 309.37 (three hundred and nine point three
seven) acres of land earmarked under the monetization process of Dugda Washery
and shall include any building and erections thereon and any other land allotted
by BCCL for Bidder’s use in the execution/ performance of the Scope of Work.
1.1.64 "Substitution Notice“ shall have the meaning assigned to the term in Clause 13.4.3
of this RFP.
1.1.65 “Successful Bidder” shall mean the Bidder selected to execute the Project pursuant
to this RFP.
1.1.66 “TPA” shall mean Tonnes per Annum.
1.1.67 “Technical Bid” shall mean a confirmation of compliance with the Eligibility
Conditions along with all other documents required to be submitted by the Bidder
in accordance with Clause 8.4.3 of the RFP.
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1.1.68 “Technical Bid Stage” shall have the meaning ascribed to it in Clause 8.4 of the RFP.
1.1.69 “Technically Qualified Bidders” shall have the meaning assigned to the term in
Clause 8.4.4(b) of this RFP.
1.1.70 "Transaction“ shall have the meaning assigned to the term in Clause 2.1.3 of this RFP.
1.1.71 “Transaction Agreements” collectively means the Fuel Supply Agreement and the
WDO Agreement and such other documents as may be designated as such by
BCCL.
1.1.72 “Throughput” means the quantity of raw coal that can be washed in the Washery
on an annual basis.
1.1.73 “Washery Assets” means the Washery together with specific assets and any other
tangible assets (including but not limited to the CPP or the cogeneration unit or any
other unit of the Bidder at the Site (if any)), civil works and equipment including
utility networks, coal depots, foundations, embankments, pavements, electrical
systems, communication systems and any such assets on the Site.
1.1.74 “Washery Developer and Operator” or “WDO” means the Successful Bidder
which shall enter into the WDO Agreement with BCCL.
1.1.75 “Washery Rejects Policy” shall mean the Policy for Handling & Disposal of
Washery Rejects dated 27 May 2021 notified by the Ministry of Coal and as amended
from time to time.
1.1.76 “WDO Agreement” shall mean the washery development and operations
agreement as per Annexure XVIII Washery Development & Operations
Agreement to be entered between BCCL and the Washery Developer and
Operator.
1.1.77 “Winning Premium” shall mean:
1.1.77(a) for the purposes of this RFP (other than Clause 12.3.1 and Clause 11.2 hereof and
the Annexures/Schedules to this RFP), the relevant premium of the Selected
Round expressed in absolute number terms; and
1.1.77(b) for the purposes of Clause 12.3.1 and Clause 11.2 of the RFP, the Fuel Supply
Agreement and all of the Annexures/Schedules to this RFP, the relevant
premium of the Selected Round expressed as a percentage of the Modulated
Price.

1.1.78 “WPI” shall mean Wholesale Price Index.

The words and expressions beginning with capital letters and defined in this RFP shall, unless
repugnant to the context, have the meaning ascribed thereto herein.

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Chapter 2 Introduction

2.1 Transaction
2.1.1 Bharat Coking Coal Limited (“BCCL” or “Authority”), having Registered Office at
Koyla Bhawan, Koyla Nagar, Dhanbad – 826005, is a ‘Miniratna’ Public Sector
Undertaking and a wholly owned subsidiary of Coal India Limited (“CIL”). The
Company was incorporated in January 1972, under the Companies Act 1956, to
operate coking coal mines in Jharia and Raniganj coalfields and is a major producer
of coking coal in India.
2.1.2 BCCL owns and operates Dugda Coal Washery having existing installed capacity
of 2 (two) Million Tonnes Per Annum (“MTPA”) at Bokaro district, Jharkhand
(“Washery”).
2.1.3 BCCL is inviting Bids from prospective Bidders to design, Build/ Renovate, operate
& maintain and transfer the Washery on Build/Renovation, Operation,
Maintenance and Transfer model (“Transaction”).
2.1.4 The Washery and the Site shall be handed over to the Successful Bidder on “as is
where is” basis, together with all Encumbrances thereto.
2.1.5 This Request for Proposal (“RFP”) containing detailed terms and conditions on the
Transaction is being issued by BCCL for identification and selection of the
Successful Bidder.
2.1.6 The Successful Bidder shall, on signing of requisite agreements, be designated as
the Washery Developer and Operator (“WDO”) and be vested with the rights to
undertake the Project for a period of 25 (twenty-five) years (further extendable by
a period of 5 (five) years).
2.2 Bid Timelines
2.2.1 Bid Timelines shall be shared separately.

2.3 RFP Summary

S. No. Particulars Details
Dugda Coal Washery (2 (two) MTPA) at Bokaro
1. Name of the Washery
district,
Jharkhand
To design, Build/Renovate, operate & maintain
Dugda Coal Washery with a capacity of at least 2
2. Scope of Work (two) MTPA at Bokaro, Jharkhand on Design,
Build/Renovation, Operation, Maintenance and
Transfer model.
3. Bid Validity 180 (one hundred and eighty) Days from Bid Due
Date

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INR 20,00,00,000 (Indian Rupees Twenty Crores)

in form of Bank Guarantee from Acceptable Bank
or NEFT/ RTGS
Bank Account details for Bid Security NEFT/
RTGS

4. Bid Security
Name of Account: Bharat Coking Coal Limited
Account No.: 35160317947
Type of Account: Current Account
Bank Name: State Bank of India
Branch name: Main Branch, Dhanbad
IFSC Code: SBIN0000066
SWIFT Code: SBININBB668
Attention: The General Manager, Washery
Construction Division
Address: Bharat Coking Coal Limited, Koyla
5. Contact Details Bhawan, Koyla Nagar, Dhanbad – 826005
Phone No.: +91-326-2230201
Fax no.: +91-326-2230201
Email: [email protected]

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Chapter 3 Dugda Coal Washery

3.1 Background
Dugda Coal washery was commissioned in 1968, with designed throughput capacity of 2.4
(two point four) MTPA based on the raw coal characteristics of X, IX & VIII seams of Jharia
Coalfield having average ash content in the range of 24% (twenty-four percent)-26%
(twenty-six percent) (Washery Grade-III). Afterwards, the throughput capacity of the plant
was de-rated to 2 (two) MTPA due to change in raw coal characteristics on recommendation
of the Chari Committee.
Features Description
Installed Capacity 2 (two) MTPA
About 1.5 (one point five) kilometres (km) from Dugda
Location railway station. About 20 (twenty) kms from Bokaro
Steel Plant and 3 (three) kms from
Chandrapura CTPS.
Throughput rate 400 (four hundred) tph
Raw material Raw Coking Coal
Coalfield Jharia
Method of Washing Heavy Medium Cyclone and Froth Floatation
Clean Coal/Washed Coal & Middling/ Washed Coal
Finished Products
(Power)
Raw Coal Bunker Capacity 20,000 (twenty thousand) tonnes
Clean Coal Bunker Capacity 5,500 (five thousand five hundred) tonnes
Middling Bunker Capacity 4,800 (four thousand eight hundred) tonnes
3.2 Location and Accessibility
Dugda Washery is situated at Bokaro district, Jharkhand, India. An overview of the
geographical location and accessibility is placed overleaf:

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Route Access to Project Land

Ranchi (Birsa Munda Airport) – 122 (one
Air hundred and twenty-two) km Durgapur (Kazi
Nazrul Islam Airport) –135 (one hundred and
thirty-five) km
Deogar (Baba Baidyanath Airport) –144 (one hundred and forty-four)
km
Nearest Railway Station is Dhanbad (East Central Railway Zone),
Rail
located at about 37 (thirty-seven) km from the Washery
Site is well-connected by roads and can be accessed through following
routes:
Road Dhanbad to Dugda 41 (forty-one) km
Ranchi to Dugda 118 (one hundred and
eighteen) km
Durgapur Dugda 135 (one hundred and thirty-
five) km

3.3 Clearances / Approvals

The WDO shall be responsible for obtaining and maintaining all applicable clearances,
permits and approvals as required for the Project under Applicable Laws. BCCL shall extend
reasonable assistance/ support to the WDO to the extent possible, in this regard. The status
of existing clearances/ approvals is reproduced below: (Note: these clearances have been
sanctioned based on specific technical configurations as determined by BCCL. However, the
WDO shall have to apply for suitable amendments/ obtain fresh approvals based on the
revised design requirements/configuration of the renovated Washery).

Clearances/ Approvals Agency Issue Date Validity

Dugda 2 (two) MTPA
Jharkhand State Pollution
Consent To Operate 12-06-2022 31-03-2025
Control Board
Report of Distance from Department of Forest,
Forest, Forest Reserve and Environment & Climate Change, 19-10-2019 -
Sanctuary Government of Jharkhand,
Factory Licence- Factory Inspection Department,
01-12-2019 31-12-2029
FCA1635500023201 Government of Jharkhand
Dugda NLW 2.5 (two point
five) MTPA
Environmental Clearance for Ministry of Environment, Forest
27-10-2016
2.5 (two point five) MTPA and Climate Change
Dugda Washery
3.4 Project Land
3.4.1 For the Transaction under consideration, around 309.37 (three hundred and nine
point three seven) acres of Project Land has been identified to be provided on long-
term lease of 25 (twenty-five) years (further extendable by 5 (five) years) to the
Successful Bidder. The lease of the Project Land shall at all times be subject to and
compliant with the policy guidelines and directives issued from time to time and
all other Applicable Law(s). The Successful Bidder shall utilize the land towards

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development of Washery and related infrastructure only and shall be prohibited

from utilizing any part of the Project Land other than as expressly contemplated in
the WDO Agreement and shall without prejudice to the generality of the foregoing,
not use any part of the Project for commercial real estate development or any other
commercial activities not incidental to Washery operations as expressly
contemplated in the WDO Agreement.
3.4.2 An overview of the identified Project Land has been placed below:
Mouza Thana Acq under LA/ Transfer Area in Acre
45/1958-59 106.55
Buresera 109
Transfer Govt Land 12.31
45/1958-59 91.34
05/82-83 4.23
Dugda 114
04/83-84 79.3
Transfer Govt Land 15.64
Total 309.37
3.5 Water Supply
3.5.1 The Washery has a water supply arrangement agreement with Damodar Valley
Corporation (DVC) for annual drawal of 1,44,000 (one lakh and forty-four
thousand) cubic meters, through water intake well from Damodar River. There
exists a dedicated corridor for water pipelines in the Site. BCCL has applied for
renewal of the water supply agreement with DVC and pursuant to such renewal the
Successful Bidder may access water supplied through such water supply agreement
and shall pay the requisite water charges to BCCL calculated on the basis of
applicable tariff rates under such water supply agreement and as per the Successful
Bidder’s actual consumption. However, the Successful Bidder shall be free to
approach the relevant utility companies to meet any additional water requirement
for the Project at the sole cost of Successful Bidder. The pipeline from water intake
well to the Washery is a part of the Washery Assets; however, the land over which
it has been laid shall not form part of the Site. The Successful Bidder has to make
necessary infrastructure arrangements for supply of water from the water intake
well.
3.6 Power Supply
3.6.1 The Successful Bidder will receive electrical power supply from BCCL’s sub-station
located near the Washery upon payment to BCCL of requisite supply charges based
on its consumption. The power will be made available to the Successful Bidder
through an existing power transmission line (11 (eleven) kV) originating at this
sub-station at a terminal point (reference point and 1.6 (one point six) km distance)
at the boundary of the Project Land.
3.6.2 BCCL presently has provision for supplying 6 (six) MVA load at 11 (eleven) kV at
the terminal point. The Bidder acknowledges that the 6 (six) MVA load referred to
herein is intended for use by the Washery as well as other facilities such as the
existing township of BCCL and such 6 (six) MVA load referred to herein is not
dedicated to or for the exclusive use of the Washery.
3.6.3 If at any time the Successful Bidder desires higher electrical power supply
arrangement, then it would have to make such arrangements with the relevant
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power distribution utility or government instrumentality directly at its own cost.

3.6.4 The Successful Bidder will have to make its own arrangement for receiving
electrical power at the terminal point and its distribution within the Project Land
including but not limited to Washery, CPP at Site (if applicable), conveyor system,
private railway siding and other facilities at or in connection with the Project
established pursuant to the Transaction Agreements. All costs relating to
maintenance of power supply system and power consumption for common
facilities shall be borne by the Successful Bidder.
3.6.5 BCCL will raise monthly invoices based on applicable tariff for the electrical
power delivered on actuals to the Successful Bidder based on a metering device
located at the BCCL sub-station.
3.7 Railway Siding
3.7.1 The Project Land has 2 (two) railway sidings, namely Dugda Coal Washery Siding
(station code DDCW) and Dugda Coal Washery (station code DUDG) which shall
form part of the Project. The sidings have multiple branch lines and shunting lines.
The WDO shall be responsible for the upkeep/maintenance/repair/operations of
these two railway sidings for the Contract Period, without any recourse to the
Authority.
3.7.2 The following infrastructure is also available:
3.7.2(a) A Track Hopper consisting of 10 (ten) sub-grade hoppers with belt conveyor off
take. Three hoppers out of ten are operational. BOBR wagons can be handled at
this track hopper.
3.7.2(b) There are 2 (two) wagon tipplers which are not operational at present. These can
handle N Boxes.
3.7.2(c) A Wharf wall siding where coal can be unloaded through wagon doors manually
or through excavators.
3.7.2(d) A diesel shunting engine
3.7.2(e) A rope hauler for shunting of wagons
3.7.2(f) 1 (one) no. of road weighbridge for weighment of coal
3.7.2(g) Storage space available within the Project Land to stack washed coking coal and
washed power coal for dispatch by road or rail
3.8 Existing Process Flow of the Washery
3.8.1 ROM (-450 mm) coal is received through railway wagons which are unloaded
manually into the underground unloading hoppers. Out of 10 (ten) unloading
hoppers, 3 (three) hoppers are operational.
3.8.2 ROM coal is transferred to the conveyor belt through vibro-feeders installed at the
bottom of each unloading hopper. ROM coal is conveyed to primary crusher unit
for screening and crushing.
3.8.3 Screening of ROM coal at 75 mm by 3 (three) Nos. (2 (two) Operating + 1 (one)
Standby) screens of 275 (two hundred and seventy-five) tonnes capacity each to
yield 2 (two) fractions i.e. + 75 mm and -75 mm. Presently, only 1 (one) screen is in

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operation.
3.8.4 Picking of stones, boulders, tramp iron pieces etc. on 3 (three) numbers. (2 (two)
Operating + 1 (one) Standby) of low-speed picking belt conveyors. Presently, only
one picking belt is in operation while the other two are non-operational. –
Crushing the oversize of screened coal (i.e. +75 mm) in a single roll tooth crusher.
Stocking of -75 mm crushed coal into two overhead storage bunker (capacity: 10,000
(ten thousand) tonnes each). Presently, the bunker at Dugda-I side is partially
damaged due to which the storage capacity is reduced to 4,000 (four thousand)
tonnes only, while other overhead storage bunker is only 80% (eighty percent)
utilized.
3.8.5 Reclamation of -75 mm coal through two reclaimers and conveying to secondary
crusher house for further sizing of -75 mm coal to -13mm. – Screening of 75-0 mm
coal at 13 mm in 5 (five) Nos. vibrating screens (4 (four) Operating + 1 (one)
Standby) of 175 (one hundred and seventy-five) tph capacity each to obtain two
fractions viz. 75-13 mm & -13 mm. Presently, only three screens are operational.
3.8.6 Crushing of 75-13 mm coal down to -13 mm in 5 (five) Nos.) impact crushers (4
(four) Operating + 1 (one) Standby) and processing in four identical streams of
washing circuits. Presently, only 3 (three) crushers are operational while the other
2 (two) are defunct.
3.8.7 Desliming of 13-0 mm coal by 8 (eight) nos. (4 (four) circuits, 2 (two) nos. each)
desliming screens to get two fractions viz. 13-0.5 mm & -0.5 mm. Presently only
two circuits of washing are operational (1 (one) Operating+ 1 (one) Standby) &
screens of non-operational circuits are defunct.
3.8.8 Washing of 13-0.5 mm coal in 12 (twelve) Nos. (4 (four) circuits, 3 (three) nos. each)
HM cyclones having 600 (six hundred) mm diameter producing clean coal and
sinks (middlings). Other two circuits i.e. A & D circuits are non-operational and
cyclones of these circuits are not present.
3.8.9 Depulping & rinsing of clean coal in 8 (eight) Nos. (4 (four) circuits, 2 (two) nos.
each) D&R clean coal screens. D&R screens of non-operational circuit are absent
and associated units are completely worn out.
3.8.10 Depulping & rinsing of middlings in 8 (eight) Nos. (4 (four) circuits, 2 (two) nos.
each) D&R middlings screens. D&R screens of non-operational D circuit are absent
and a dirty slurry screen is installed at A circuit for recovery of middlings from the
U/f of hydrocyclone.
3.8.11 Feeding -0.5 mm coal to 16 (sixteen) nos. of hydrocyclones (2 (two) circuits, 8
(eight) nos. each) the underflow of which is sent to dirty slurry screen as well as to
storage sump in FF plant.
3.8.12 Presently, the froth floatation plant is defunct. However, presently part of deslimed
slurry (almost 70% (seventy percent)) is fed to a bank of 32 (thirty-two) Nos. (4
(four) circuits, 8 (eight) Nos. for each) hydrocyclones (350 (three hundred and
fifty) mm diameter) of which only 2 (two) circuits are operational. Out of 8 (eight)
hydrocyclones in a circuit, only 4 (four) are operational due to damage of nozzles.
The overflow of these hydrocyclones is then collected in a radial thickener No. 1
(30 m diameter) while underflow of hydrocyclones are taken onto dirty slurry
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screen for dewatering. The dewatered product of the dirty slurry screen is mixed
with the dewatered sinks (middlings) produced from H.M. cyclone to Middling
storage bunker while underflow of dirty slurry screen goes to the radial thickener
no. 1. The underflow of thickener no. 1 is pumped into thickener no. 2 (30 (thirty)
m diameter) from which the underflow thickened slurry is pumped to slurry
pond. Thickener overflow is taken back into the washing process for water
balancing.
Remaining 30% (thirty percent) of deslimed slurry is taken to two numbers of
‘soldered wire dewatering screens’ installed in the Froth Flotation building. The
dewatered product of these screens are taken on the clean coal belt while underflow
is sent to slurry pond. – Storing of clean coal into clean coal bunker (5,500 (five
thousand five hundred) Tonnes capacity) for wagon loading through loading hopper
over the railway lines 1 & 2.
3.8.13 Storing of washed power coal in middling bunker of capacity (5,500 (five
thousand five hundred) t o n n e s capacity) through series of belt conveyor for
loading into wagon through loading hopper.
3.8.14 The process flow chart is placed at Annexure XVI.
3.9 Other Key Infrastructure
3.9.1 Site Office – The site office is situated at the heart of the existing plant inside the
Washery complex. It allows the management of affairs of the Washery relevant to
its day-to-day activities. The site office contains office of the head of the plant and
other executives. The office also has a drawing development section and other office
equipment.
3.9.2 Laboratory with coal testing facility – The laboratory is situated inside the Washery
complex. The laboratory is critical to Washery operations; it contains facility of
washability analysis and other coal testing facilities, enabling the smooth and
efficient operation of the Washery.
3.9.3 Workshop – The workshop is situated inside the Washery complex. The place can
be used to fabrication of Washery spares and other related jobs.
3.9.4 Access Roads and Bridges – The Washery is connected with public road, and there
is one foot overbridge over railway as well.
3.9.5 Telecommunication Facilities -The major places within Washery complex is
connected with landline facility.
3.9.6 It may be noted that BCCL’s township is not a part of the Transaction.

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Chapter 4 Transaction Structure

4.1 Transaction Structure

4.1.1 The Washery along with a coal linkage of 2 (two) MTPA (“Coal Linkage”) would
be awarded through a non-discriminatory ascending clock-auction process
(comprising Technical Bid and Financial Bid) wherein the bidder shall bid for the
coal quantity against a price under the multiple rounds and the bidder sustaining
till the Last Round of multiple rounds of auction shall emerge as the Successful
Bidder. The Winning Premium on coal linkage shall be the cumulation of premiums
of all such rounds basis the demand-supply ratio.
4.1.2 Upon successful completion of the Bidding Process, BCCL shall issue a letter of
intent in the format set out in Annexure XIII Format of Letter of Intent (“LOI”)to
the Successful Bidder in respect of inter alia the Allocated Quantity and Washery
and directing the Successful Bidder for submission of documents specified in
Annexure III. The terms of this RFP shall be deemed to be incorporated in the LOI
by reference and shall form a part of the LOI and BCCL shall be entitled to exercise
all its rights and remedies as stipulated in this RFP.
4.1.3 To effect the Transaction under consideration, following Transaction Agreements
would be executed between BCCL and the Successful Bidder. The term of both
agreements shall be for a period of 25 (twenty-five) years from the date of
execution (further extendable by a period of 5 (five) years) (“Contract Period”)
and shall remain co- terminus:
4.1.3(a) Washery Development & Operations Agreement (“WDO Agreement”)
governing provisions for lease rights and obligations in relation to the Site and
covenants governing designing, building/renovation (and augmentation, if
required), operation & maintenance and transfer of the Washery; and
4.1.3(b) Fuel Supply Agreement (“FSA”) governing the terms of coal linkage.
4.1.4 On execution of such Transaction Agreements, the Successful Bidder as the
Washery Developer and Operator (“WDO”) shall undertake the Project for the
Contract Period in accordance with the Transaction Agreements.

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4.1.5 The WDO would be free to design the Washery as it deems fit. However, the WDO
would be obligated to utilize end-products only for captive consumption for its
Specified End-Use Plant(s) as extant coal distribution policy does not allow grant of
coal linkages for Non-Regulated Sector for merchant sale. Sale of Coal Washery
Rejects shall be as per the Washery Rejects Policy.
4.1.6 The Washery is to be commissioned by the WDO in accordance with the WDO
Agreement within the Build/Renovation Period.
4.1.7 BCCL would enter a long-term Fuel Supply Agreement with the WDO
commensurate to the Washery’s present installed capacity.
4.1.8 The WDO has the flexibility to design and operate the Washery.
4.1.9 The WDO is free to augment the Washery’s rated capacity at its own costs and risk
beyond the existing installed capacity of the Washery. It is clarified that the
obligation of BCCL to supply coal shall be governed by Transaction Agreements
and shall be limited to capacity of 2 (two) MTPA.
4.1.10 In lieu of such rights to operate the Washery, following considerations would be
payable by the WDO:
4.1.10(a) Upfront Payment of INR 72,68,00,000 (Indian Rupees Seventy-Two Crores and
Sixty-Eight Lakhs) comprising aggregate of (a) INR 14,13,00,000 (Indian Rupees
Fourteen Crores and Thirteen Lakhs), being fair value of existing assets, plant
and machinery, spares and (b) INR 58,55,00,000 (Indian Rupees Fifty-Eight
Crores and Fifty-Five Lakhs), being present value of lease rental for first 2 (two)
years.
4.1.10(b) Annual Lease Rentals (from 3rd (third) year onwards) in accordance with the
WDO Agreement.
4.1.10(c) Periodic Payment for Coal supplied as per terms of FSA based on Modulated
Price prevailing on the date of supply plus Winning Premium over Modulated
Price.
4.1.11 The WDO shall also have the right to construct a CPP or any cogeneration unit or
any other unit associated with the WDO’s Specified End Use Plant within the Project
Land within the Contract Period
4.1.12 To secure the obligations of Successful Bidder under the Transaction Agreements,
the Successful Bidder shall have to submit performance security as per Chapter 11.
4.1.13 The WDO shall handover/ transfer peaceful possession of the Site, Washery Assets
and all other facilities & infrastructure on the Site, free of Encumbrances (except
Encumbrances that have not been removed and are existing on the execution date
of the WDO Agreement, as identified in the WDO Agreement), to BCCL in
accordance with the WDO Agreement.

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Chapter 5 Obligations Of BCCL

5.1 Raw Coal Supply

5.1.1 BCCL shall ensure supply of 2 (two) MTPA of raw coal under the FSA at the
Delivery Point(s) in accordance with the provisions of FSA (coal linkage matrix for
the raw coal proposed to be supplied by BCCL from FY24-FY30 is placed at
Annexure XVII Details of Coal Linkage . Beyond FY 2030, BCCL shall ensure the
supply of raw coal with similar characteristics.
5.1.2 BCCL shall supply requisite quantity of raw coal for carrying out performance
guarantee tests by the WDO.
5.2 Coal Quality
5.2.1 BCCL shall ensure supply of coal quality in accordance with the provisions of the
FSA.
5.3 Issuance of Letter of Intent and Execution of Transaction Agreements.
5.3.1 Upon completion of Bidding Process, BCCL shall issue LOI to the Successful Bidder
directing for submission of Performance Security, Upfront Payment, documents
listed at Annexure III.
5.3.2 Within 15 (fifteen) Days of submission of requisite documents, BCCL shall execute
the following agreements with the Successful Bidder:
5.3.2(a) WDO Agreement to design, Build/Renovate (and augment, if required), operate
and maintain the Washery; and
5.3.2(b) FSA for supply of raw coal commensurate for 2 (two) MTPA for the Washery
5.4 Lease of Project Land
5.4.1 The Project Land will be leased by BCCL to the WDO in consideration of lease rental
payments, on and from the date of execution of WDO Agreement for the Contract
Period.

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Chapter 6 Obligations of Successful Bidder/ WDO

6.1 Submission of Documents

6.1.1 The Successful Bidder shall, within 60 (sixty) Days of issuance of LOI by BCCL,
submit the following:
6.1.1(a) Performance Security
6.1.1(b) Upfront Payment
6.1.1(c) Documents listed at Annexure III together with any other documents as may be
requested by BCCL.
6.2 Execution of Transaction Agreements
6.2.1 Within 15 (fifteen) Days of submission of documents, the WDO shall execute the
following agreements with BCCL:
6.2.1(a) WDO Agreement to design, Build/Renovate (and augment, if required), operate
and maintain the Washery; and
6.2.1(b) FSA for supply of raw coal commensurate for 2 (two) MTPA for the Washery
6.3 Scope of Work
6.3.1 The WDO would be authorised for and responsible for such demolition and
removal of existing structures and facilities on the Project Land as may be required
to execute its responsibilities under the WDO Agreement in accordance with
Applicable Laws.
6.3.2 The WDO shall be responsible for lifting/off-take of coal supplied by BCCL from
the Delivery Point(s) as per terms of the FSA and its transportation from Delivery
Point(s) to the Site at its own cost.
6.3.3 The End-Products are to be transported to the Specified End-Use Plant by the WDO
at its own cost.
6.3.4 The WDO shall design and operate the Washery in a manner that optimizes
generation of washed coking coal.
6.3.5 The WDO shall be responsible for maintaining:
6.3.5(a) The access road(s) connecting the Washery to the nearest highway;
6.3.5(b) The approach road from the Washery to the water intake well at Damodar river.
6.4 End-Use of Coal procured under FSA
6.4.1 The renovated Washery should produce at least 2 (two) End Products from the coal
supplied by BCCL under the FSA. It is hereby clarified that the coal procured under
the FSA from BCCL shall be washed in the Washery and the End Products shall be
utilized towards captive consumption for the Specified End-Use Plant(s) of the
WDO.
6.4.2 Notwithstanding the above, the consumption of Coal Washery Rejects, if any, shall
be in accordance with ‘Washery Rejects Policy’ or as per extant policy guidelines
issued by the MOC in this regard. The Bidder shall be required to furnish an

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Affidavit-cum-Undertaking in this regard as per prescribed format attached in

Annexure VII.
6.5 Commencement of Commercial Operations
6.5.1 The Washery (corresponding to 2 (two) MTPA existing installed capacity) is to be
commissioned by the WDO in accordance with the Scope of Work on or before the
expiry of the Build/ Renovation Period.
6.6 Capacity and Augmentation
6.6.1 The WDO shall be free to augment the Washery’s throughput capacity at its own
costs and risk beyond 2 (two) MTPA. It is clarified that the obligation of BCCL to
supply coal shall be 2 (two) MTPA and shall be governed by the Transaction
Agreements.
6.7 Clearances and Approvals
6.7.1 To obtain applicable approvals and clearances, as may be necessary to design,
Build/Renovate (and augment, if required), operate and maintain the Washery.
BCCL will extend necessary assistance/ support to the WDO to the extent possible.
However, the responsibility for procuring fresh approvals/ permissions for the
renovated Washery shall vest with the WDO.

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Chapter 7 Eligibility Conditions

7.1 Technical Eligibility Conditions:

7.1.1 The Bidder shall be a Company, incorporated in India, that owns one or more
Specified End-Use Plant(s). The blast furnace unit(s) with respect to such Specified
End Use Plant(s) should have already been commissioned. The sum of the
Normative Coal Requirement of the Bidder’s Specified End Use Plant(s) excluding
the CPP or any cogeneration unit or any other unit, calculated in accordance with
Clause 8.6 should not be less than 2 (two) Million Tonnes in W-IV grade.
7.2 Financial Eligibility Conditions
7.2.1 The Bidder shall have average Net Worth of not less than INR 100,00,00,000
(Indian Rupees One Hundred Crores), as per standalone audited annual accounts
of last three financial years, being FY 2020-2021, FY 2021-2022 and FY 2022-2023, as
per prescribed format placed at Annexure II.
7.3 Other Eligibility Conditions
7.3.1 The Bidder shall not be precluded by the provisions under "Modalities for
Banning/ Blacklisting of NRS Consumers for Misutilization/ Misdirection of
Coal" as notified by CIL for NRS coal linkage auctions, as amended from time to
time (extant modalities placed at Annexure XIV);
7.3.2 The Bidder should not be banned or blacklisted by CIL or its subsidiaries for any
reason whatsoever.
7.3.3 A Bidder shall submit only 1 (one) bid for the Washery. No Affiliate(s) of such
Bidder shall submit a bid for the Washery. In case an Affiliate(s) of a Bidder also
submits a bid for the Washery, the bids submitted by both the Bidder and its
Affiliate(s) shall be rejected.
7.3.4 The Bidder shall comply with all Applicable Law(s) including but not limited to:
7.3.4(a) Consolidated Foreign Direct Investment Policy, 2020 issued by the Department
for Promotion of Industry and Internal Trade, Ministry of Commerce and
Industry, Government of India (“FDI Policy”), as may be amended from time to
time and Press Notes issued in relation thereto including without limitation Press
Note 4, 2019 and Press Note 3, 2020;
7.3.4(b) Public Procurement (Preference to Make in India) Order, 2017, amended on 16
September 2020 issued by the Department for Promotion of Industry and Internal
Trade (“Make in India Policy”);
7.3.4(c) All laws, rules, regulations, policies, circulars, office memorandums, orders
issued by the Ministry of Coal;
7.3.4(d) All laws, rules, regulations, policies, circulars, office memorandums, orders
issued by the Department of Public Enterprises, Ministry of Heavy Industries
and Public Enterprises including the Office Memorandum (No. DPE/7(4)/2017-
Fin. (Part-I)) dated 20 May 2019, read with the Office Memorandum (F.No.
6/18/2019-PPD) dated 23 July 2020 issued by the Public Procurement Divisions,
Department of Expenditure, Ministry of Finance; and
7.3.4(e) Any other Applicable Law.
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Chapter 8 Bidding Process

8.1 Registration
8.1.1 Pursuant to the NIT, the potential Bidder meeting the Eligibility Conditions as
specified under Chapter 7 is required to register itself on the website of the Service
Provider (“Electronic Platform”), no later than the timeline as has been prescribed
against payment of a non-refundable registration fee of Rs. 10,000 (Indian Rupees
Ten Thousand) plus applicable taxes. Bidders already registered for the coal linkage
auctions of either CIL and/ or SCCL must necessarily use the same registration for
the same Specified End Use Plant and should not register again.. In the event that the
Specified End Use Plant registered on the Electronic Platform by the Bidder combines
one or more blast furnace units, the Bidder will not be able to split such units
subsequently and submit different Bids in respect thereof.
The link for registration is provided below:

https://auction.coaljunction.com/CoalWeb/getLinkageTopNavbarAction.do
https://www.bcclweb.in/?page_id=3678&lang=en

8.1.2 The technical details and other information with respect to access to the Electronic
Platform and bidding thereon are provided in Annexure XV.
8.1.3 In case of any technical clarification regarding access to the Electronic Platform or
conduct of the Bidding Process, the Bidder may contact the Service Provider directly
at the contact details provided in Annexure XV.
8.2 Conditions to Bid
8.2.1 Subject to satisfaction of the following conditions, the Bidders shall be entitled to
submit their Bid in the manner prescribed in Clause 8.3.
8.2.2 the Bidders shall satisfy all the Eligibility Conditions and shall submit all documents
and relevant information in support thereof as specified in Clause 8.4.3.
8.2.3 the Bidder shall submit the Bid Security in accordance with Clause 10.1.
8.3 Stages of Bidding
8.3.1 The Bidding Process shall be conducted in the following sequence:
8.3.1(a) Technical Bid Stage; and
8.3.1(b) Financial Bid Stage, being the auction for coal linkage
8.3.2 Electronic Platform
The details of Electronic Platform are placed at Annexure XV

8.4 Technical Bid Stage

8.4.1 Technical Bid shall be submitted online through the Electronic Platform only using
digital signature of authorised representative of the Bidder on or before Bid Due
Date. In addition to online submission on the Electronic Platform, the documents
specified in Clause 8.4.3(c) shall also be submitted physically with BCCL in
accordance with the Bidding Documents at the address mentioned in Clause 2.3.
8.4.2 The evaluation of eligible Bids shall be done based on details submitted under the
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Technical Bid, including Technical Eligibility Conditions set-out in Chapter 7 of this

RFP.
8.4.3 Documents for Technical Bid
8.4.3(a) Online submission
The documents listed below shall be prepared and scanned in different files (in PDF
or JPEG format such that file size is not more than 5 (five) MB) and uploaded during
online submission of Bids.

(i) Letter Comprising the Technical Bid, Bidder details and details of Specified
End-Use Plant in the prescribed format (Annexure I) along with Annexes and
supporting documents;
(ii) Power of attorney for signing the Bid as per the format at Annexure IV along
with a certified true copy of the relevant authorizations in support thereof.
Notwithstanding anything to the contrary contained herein, Bidders shall be
entitled to submit a power of attorney in a format other than that specified in
Annexure IV; provided that such power of attorney validly and
unconditionally authorizes the Authorised Signatory to inter alia (i) sign
documents, submit information and otherwise act for and on behalf of the
Bidder; and (ii) bind the Bidder by all acts, deed and things done by him in
exercise of his powers under the power of attorney;
(iii) copy of Bid Security (format at Annexure V) in case of bank guarantee; in case
of cash deposit through RTGS into a designated bank account, a letter to BCCL
giving details of the payment made including the Bidder Name, UTR No.,
amount, date of remittance, remitting bank, etc.
(iv) copy of Integrity Pact (format at Annexure X);
(v) copy of Non-Disclosure Undertaking (format at Annexure VI);
(vi) copy of Affidavit-cum-Undertaking wherein the Bidder shall undertake that it
meets all Eligibility Conditions for participation in the Bidding Process and that
the Bidder shall utilize the End Products for the Specified End Use Plant(s) or
as per extant policy in case of Coal Washery Rejects (format at Annexure VII);
(vii) Certified extract of charter documents i.e., Memorandum of Association and
Articles of Association;
(viii) copy of receipt of payment towards Registration Fee for Access to the
Electronic Platform by the Bidder through NEFT/ RTGS;
(ix) self- attested copy of Permanent Account Number (“PAN”);
(x) self-certificate in relation to captive coal mine (format at Annexure XXI)
(xi) self- attested copy of GST Registration;
(xii) Copy of Statutory Auditor’s Certificate on Net Worth in the format as per
Annexure II; and
(xiii) Documentary evidence of payment of Process Fee as per Clause 10.2 being a
letter to BCCL giving details of the payment made including the Bidder Name,

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UTR No., amount, date of remittance, remitting bank, etc.;

8.4.3(b) Technical Bids submitted online shall be encrypted by Bidders using Digital
Signature Certificate of the Authorized Signatory.
8.4.3(c) Offline/ Physical submission of certain original documents
The Bidders shall submit following documents in original in sealed cover within
the Bid Due Date at the address specified in Clause 2.3. The sealed cover should
clearly bear the following identification: “Original Documents for Monetization
of 2 MTPA Dugda Coal Washery at Bokaro, Jharkhand” and shall indicate the
name, registration no. provided by the Service Provider and address of the
Bidder. In addition, an index of the documents submitted should be annexed and
the document shall contain page numbers: Page [•] of Page [•]

(i) Original Power of attorney for signing the Bid along with a certified true copy
of the relevant authorizations in support thereof in accordance with Clause
8.4.3;
(ii) Certified true copy of board resolution authorising execution of
abovementioned Power of attorney;
(iii) Certified extract of charter documents i.e., Memorandum of Association and
Articles of Association;
(iv) Bid Security as per the format at Annexure V in case of bank guarantee; in case
of cash deposit through RTGS into a designated bank account, a letter to BCCL
giving details of the payment made including the Bidder Name, UTR No.,
amount, date of remittance, remitting bank, etc.
(v) Documentary evidence of payment of Process Fee as per Clause 10.2 being a
letter to BCCL giving details of the payment made including the Bidder Name,
UTR No., amount, date of remittance, remitting bank, etc.;
(vi) Copy of Affidavit-cum-Undertaking as per the format at Annexure VII.
8.4.4 Technical Bid Evaluation
8.4.4(a) All Technical Bids submitted online on the Electronic Platform shall be decrypted
by the Technical Evaluation Committee (“TEC”) and subsequently evaluated
against the terms and conditions of the Bidding Documents. The TEC shall have
the right to seek clarifications from Bidders in relation to the Technical Bids as
they may deem fit.
8.4.4(b) All the Bidders whose Technical Bids are in compliance with the provisions of
this RFP shall be declared as Technically Qualified Bidders (“Technically
Qualified Bidders”) and a notification to this effect shall be published on the
Electronic Platform.
8.4.4(c) Bidders are advised that qualification of Bidders will be entirely at the discretion
of the Authority. Bidders will be deemed to have understood and agreed that no
explanation or justification on any aspect of the Bidding Process or selection will
be given.
8.4.4(d) Any information contained in the Technical Bid shall not in any way be

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construed as binding on the Authority, its agents, successors or assigns, but shall
be binding on the Bidder if the Project is subsequently awarded to it based on
such information.
8.4.4(e) Only the Technically Qualified Bidders shall be allowed to participate in the
Financial Bid Stage. Provided however that in the event that there are less than 2
(two) Technically Qualified Bidders, then the Bidding Process shall stand
annulled.
8.5 Financial Bid Stage
8.5.1 In the Financial Bid stage, the Technically Qualified Bidders shall participate in the
Non-Discriminatory Ascending Clock Auction Process (“e-Auction”) for coal
linkage being offered as part of this Transaction.
8.5.2 Technically Qualified Bidder will remain anonymous to other Technically Qualified
Bidders participating in the e-auction process as well as to BCCL.
8.5.3 Following would be visible to all Technically Qualified Bidders on the auction page:
8.5.3(a) Coal Linkage Details
8.5.3(b) Round Premium
8.6 Normative Coal Requirement
8.6.1 The normative coal requirement of the Specified End Use Plant(s) (excluding the
CPP or any cogeneration unit or any other unit) shall be at least 2 (two) MTPA as
calculated by the Electronic Platform ("Normative Coal Requirement") in
accordance with the following formula:
[annual coal requirement as computed by the Electronic Platform based on the
Specified End Use Plant details provided by the bidder excluding the CPP or a
cogeneration unit or any other unit of the Bidder] minus [(annual coal requirement
of the Specified End Use Plant excluding the CPP or a cogeneration unit or any other
unit of the Bidder met through any captive coal mine(s), which shall be computed
on the basis of Washery Grade-IV grade of coal, irrespective of the grade of coal
actually available from the captive coal mine(s)) plus (annual coal requirement of
the Specified End Use Plant excluding the CPP or a cogeneration unit or any other
unit of the Bidder met through any allocation of coal linkage(s) pursuant to auction
process conducted by CIL and/ or its subsidiaries and/or by SCCL or any other
existing coal linkage(s) under New Coal Distribution Policy, which shall be
computed on the basis of Washery Grade-IV grade of coal, irrespective of the
grade of coal actually allocated pursuant to the auction process)].

8.6.2 It is clarified that in case the actual grade of coal available from the captive coal mine
(as specified above) or from allocation pursuant to auction process conducted by
CIL / SCCL is not of Washery Grade-IV, then the Washery Grade-IV grade
equivalent quantity shall be computed as follows:
Washery Grade-IV (Annual coal requirement met from the given source)
equivalent quantity = multiplied by (Indigenous Coking coal requirement
per tonne of hot metal of Washery Grade-IV grade of
coal as per Consumption Norms (Annexure XII)

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Indigenous Coking coal requirement per tonne of hot

metal of the relevant grade of coal as per Consumption
Norms (Annexure XII)

8.6.3 It is clarified that for the purposes of computation of the normative coal requirement
basis the above mentioned formula, the annual coal requirement of the Specified
End Use Plant excluding the CPP or a cogeneration unit or any other unit of the
Bidder met through any allocation of coal linkage(s) pursuant to auction process
conducted by CIL and/ or by SCCL shall be deducted irrespective of the status of
issuance of the letter of intent or signing of the fuel supply agreement
8.7 Annual coal requirement of the Specified End Use Plant
(Excluding the CPP or a cogeneration unit or any other unit of the Bidder met
through any captive coal mine)
8.7.1 Each Bidder who has been allocated captive coal mine(s) (whether having only
coking grade of coal or combination of non-coking and coking grade of coal) for its
Specified End Use Plant(s), shall for each such captive coal mine, submit a self-
certificate for scheduled production of coking coal from such mine as per the format
in Annexure XXI.
8.7.2 If the mine opening permission has been granted by the Coal Controllers’
Organisation (CCO), coal requirement of the Specified End Use Plant (in TPA) met
through such captive coal mine(s) shall be considered in the manner prescribed
below:
8.7.2(a) Bidder shall submit the Scheduled Production of coking coal from its captive coal
mine(s) for the 30 (thirty) financial years commencing from the financial year in
which this RFP has been published, in accordance with Clause 8.7.1.
8.7.2(b) The Electronic Platform shall adjust the annual coal requirement of the Specified
End Use Plant met through the captive coal mine(s) (in TPA). Such adjustment
shall be corresponding to the minimum Scheduled Production of coking coal
from Bidder’s captive coal mine(s) as per the Scheduled Production of coking
coal for 30 (thirty) financial years submitted by the Bidder in accordance with
Clause 8.7.2(a) above.
8.7.3 In case the mine opening permission has not been granted by CCO, then, the coal
requirement met through the captive coal mine shall be considered as zero.
Accordingly, the Electronic Platform shall adjust the annual coal requirement of the
Specified End Use Plant met through the captive coal mine(s) (in TPA).
8.7.3(a) In the event, mine opening permission has been granted post completion of the
Bidding Process, the Successful Bidder, shall simultaneous to the grant of mine
opening permission by CCO submit the same to BCCL along with self-certificate
as per format (A) of Annexure XXI. In case the Successful Bidder fails to submit
the mine opening permission by CCO and/or self- certificate in accordance with
this Clause, BCCL shall have right to terminate LOI and/ or the FSA, as the case
may be, and forfeit the Bid Security or Performance Security as the case may be
8.7.4 In case of any modification in the production schedule of coking coal of a captive

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coal mine by approval of competent authority during the subsistence of the

Transaction Agreements, the same shall be notified simultaneously to BCCL by re-
submitting the self-certificate at Annexure XXI with the revised production
schedule for coking coal. Accordingly, an amendment to the FSA shall be executed
to this effect. In case the production schedule for coking coal is revised post
completion of the Bidding Process but prior to execution of the FSA, then, upon
submission of the revised production schedule of coking coal to BCCL immediately
post approval from the competent authority, the FSA shall be executed for the
Allocated Quantity for the year computed based on the revised production schedule
of coking coal.
8.7.5 In the event the Bidder who has been allocated captive coal mine(s) for its Specified
End Use Plant(s), does not submit a self-certificate in accordance with Clause
8.4.3(a)(x) above and/or doesn’t provide the production schedule for coking coal
as stated in Annexure XXI of this RFP, then the Normative Coal Requirement of the
Specified End Use Plant(s) excluding the CPP or a cogeneration unit or any other
unit shall be net of grade adjusted coal requirement on the basis of the peak rated
capacity of such captive coal mine(s) and provisions of Clauses 8.7.2, 8.7.3, and
8.7.4 shall not apply.
8.7.6 Where a coal mine has been allocated for multiple plants, then the Normative Coal
Requirement of the Specified End Use Plant(s) excluding the CPP or a cogeneration
unit or any other unit of the Bidder shall be calculated after proportionately
factoring the Scheduled Production of coking coal from the said mine.
8.7.7 Upon submission of the documents and information specified in Clause 8.4.3 the
Electronic Platform shall generate the Normative Coal Requirement of the Specified
End Use Plant(s) excluding the CPP or a cogeneration unit or any other unit of the
Bidder in Washery Grade-IV. The data with respect to captive coal mines allocated
(together with annual coal requirement of Specified End Use Plants excluding the
CPP or a cogeneration unit or any other unit of the Bidder being met from such
captive coal mines) shall have to be reported by the Bidders themselves on the
Electronic Platform and the Bidders will be responsible for any misrepresentation
in this regard.
8.7.8 Illustration:
The Specified End Use Plant (blast furnace Unit A) of the Bidder is a 2,740 (two
thousand seven hundred and forty) tonnes per Day of hot metal (“TPD”) blast
furnace unit. A mine with maximum projected production of coking coal of
1,000,000 (one million) tonnes per annum (“TPA”) of Washery Grade-I grade of
coal has been allocated for captive consumption to the blast furnace Unit A and blast
furnace Unit B whose annual coal requirement is in the ratio of 2:1. The Coal
Requirement of the Specified End Use Plant shall be assessed as follows:

Case I: Mine Opening Permission has not been granted by CCO for the Mine

No adjustment shall be made for the annual coal requirement of the Specified End
Use Plant excluding CPP or a cogeneration unit or any other unit of the Bidder met
through the mine and the Normative Coal Requirement of the Specified End Use
Plant excluding CPP or a cogeneration unit or any other unit of the Bidder shall be
assessed as below:
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Particulars Unit Note

Capacity of Specified End TPD (A) 10,000
Use Plant
Annual Capacity of Specified TPA (B) = A*365 36,50,000
End Use Plant
Capacity Utilisation (C) 85%
Consumption Norm (based Kg of (D) 820
on Washery Grade- IV) coal/tonnes of
hot metal
Annual Coal Requirement of TPA (E) = 25,44,050
the Specified End Use Plant B*C*D/1000
(based on Washery Grade-IV)
Annual Coal requirement of TPA (F) 0
the Specified End Use Plant
met through captive coal
mine
Annual Coal Requirement of TPA (G) 5,00,000
the Specified End Use Plant
excluding CPP or a
cogeneration unit or any
other unit of the Bidder met
through existing coal linkage
Normative Coal Requirement TPA (H) = E-F-G 20,44,050
based on Washery Grade-IV

Case II: Mine Opening Permission has been granted by CCO for the Mine and
the Scheduled Production of coking coal is provided as under:

30 Year Scheduled Production of coking coal for the Mine

(Based on the Self-Certificate submitted by the Bidder)

Financial Year Scheduled Production (TPA)

2024 45,000
2025 65,000
2026 90,000
2027 1,50,000
2028 3,25,000
2029 5,60,000
2030 8,70,000
2031 10,00,000
2032 10,00,000
2033 10,00,000
2034 10,00,000
2035 10,00,000
2036 10,00,000
2037 10,00,000
2038 10,00,000
2039 10,00,000

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2040 10,00,000
2041 10,00,000
2042 10,00,000
2043 10,00,000
2044 10,00,000
2045 10,00,000
2046 10,00,000
2047 10,00,000
2048 10,00,000
2049 10,00,000
2050 8,50,000
2051 7,50,000
2052 6,00,000
2053 5,00,000
Minimum Scheduled 45,000
Production

The minimum of the Scheduled Production of coking coal in accordance with

Clause 8.7.2 is 45,000 (forty-five thousand) TPA. For the purpose of
assessment of Normative Coal Requirement, it would be considered that the
Specified End Use Plant excluding CPP or a cogeneration unit or any other
unit of the Bidder has been met to the extent of 30,000 (thirty thousand) TPA.
The Normative Coal Requirement of Unit A shall be assessed as follows:

Particulars Unit Note

Capacity of Specified End TPD (A) 10,000
Use Plant
Annual Capacity of Specified TPA (B) = A*365 36,50,000
End Use Plant
Capacity Utilisation (C) 85%
Consumption Norm (based Kg of (D) 820
on Washery Grade- IV) coal/tonnes of
hot metal
Annual Coal Requirement of TPA (E) = 25,44,050
the Specified End Use Plant B*C*D/1000
(based on Washery Grade-
IV)
Annual Coal requirement of TPA (F) 30,000
the Specified End Use Plant
met through captive coal
mine
Annual Coal Requirement of TPA (G) 5,00,000
the Specified End Use Plant
excluding CPP or a
cogeneration unit or any
other unit of the Bidder met
through existing coal linkage

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Normative Coal Requirement TPA (H) = E-F-G 20,14,050

based on Washery Grade-IV

8.8 Non-Discriminatory Ascending Clock Auction Process

8.8.1 The Coal Linkage shall be auctioned through a non-discriminatory ascending clock
auction procedure in the following manner:
8.8.1(a) The auction process for the Coal Linkage will be conducted in multiple rounds.
Duration of the first round would be 15 (fifteen) minutes, and the duration of
the subsequent rounds shall be 8 (eight) minutes each.
8.8.1(b) The floor price for the auction in the first round of the auction process shall be
the Modulated Price (“Reserve Price”).
8.8.1(c) The Bidders shall Bid for a Link Quantity which shall correspond to the present
installed capacity of the Washery ("Link Quantity") being 2 (two) MTPA.
Bidder shall not be allowed submit bid for the quantity other than the Link
Quantity.
8.8.1(d) In round 1 of the auction, the premium shall be Rs. zero/tonne against which the
Bidders will be required to indicate their Link Quantity (i.e. 2 (two) MTPA).
8.8.1(e) At the end of each round, Demand Supply Ratio of that round shall be computed
by the Electronic Platform as under:
𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇𝑇 𝐵𝐵𝐵𝐵𝐵𝐵 𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄 𝑜𝑜𝑜𝑜 𝑎𝑎𝑎𝑎𝑎𝑎 𝐵𝐵𝐵𝐵𝐵𝐵𝐵𝐵𝐵𝐵𝐵𝐵𝐵𝐵 𝑖𝑖𝑖𝑖 𝑎𝑎 𝐿𝐿𝐿𝐿𝐿𝐿 (𝑇𝑇𝑇𝑇𝑇𝑇)
𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷𝐷 𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆𝑆 𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅𝑅(%) =
𝐿𝐿𝐿𝐿𝐿𝐿𝐿𝐿 𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄𝑄 𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂𝑂 (𝑇𝑇𝑇𝑇𝑇𝑇)
8.8.1(f) At the end of each round of the Bidding, the demand/ supply ratio will be
assessed by the Electronic Platform and if demand/ supply ratio at the end of a
particular round is greater than 100% (one hundred percent) then the auction
will move on to next round with a premium of INR 75 (Indian Rupees Seventy-
Five) per tonne plus the premium of the previous round. In each round of the
auction, the Bidders may offer to purchase the Link Quantity against the Reserve
Price plus premium for such round.
8.8.1(g) Bid submitted in each round has to be encrypted with registered DSC.
8.8.1(h) To participate in the subsequent round a Bidder has to participate in the present
round. In case a Bidder does not bid in the present round , then that Bidder is not
allowed to bid in the next round, and the auction would end for such Bidder.
8.8.1(i) A Bidder can Bid only once in each round.
8.8.1(j) Each Bid submitted by a Bidder during any of the auction rounds shall be
considered a valid and binding offer to purchase the Link Quantity at the Reserve
Price plus premium applicable for the relevant round.
8.8.1(k) The auction process shall stop when the demand/ supply ratio is equal to 100%
(one hundred per cent) in a particular round. The round at which the auction
stops (“Last Round”) shall be considered as final round (“Selected Round”) and
the Bidder who has submitted their Bid in this round shall be the Successful
Bidder (“Successful Bidder”).
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8.8.1(l) In the event, no bid is received in the Last Round, the Bidding Process shall stand
annulled.
8.8.1(m) The premium (in Rs./tonne) discovered in the Last Round shall be converted
into percentage terms and rounded up to the nearest second decimal i.e. as a
percentage of Reserve Price (being the Modulated Price) of relevant grade of coal
and shall be constant over the tenure of linkage, and the quantity allocated to
such successful bidder shall be the Allocated Quantity (“Allocated Quantity”).
An illustrative example is provided below:

The link quantity offered is 2000000 TPA as under:

Grade Modulated Price (ROM) Offered Quantity (MTPA)

HVMC W-II 4235 500000

HVMC W-IV 3187 600000
HVMC W-V 2586 900000

3 Bidders (viz Bidder A, Bidder B, Bidder C) expressed their interest in the monetization
scheme. Round Wise auction process is as under:
Round 1

• Premium under Round 1 is zero

• All the 3 bidders submitted the Link Quantity (i.e. 2000000 TPA)
• The Demand Supply Ratio at the end of round 1 shall be 300% i.e. (6000000/2000000)

Round 2

• Premium under Round 2 shall be Rs 75/tonne as the demand supply ratio is more than
100%
• Only 2 bidders submitted the Link Quantity (i.e. 2000000 TPA)
• The Demand Supply Ratio at the end of round 1 shall be 200% i.e. (4000000/2000000)

Round 3

• Premium under Round 3 shall be Rs 150/tonne i.e. Premium under Round 2 plus
premium under round 3 corresponding to demand supply ratio of greater than 100%
in previous round.
• Only 1 bidder submitted the Link Quantity (i.e. 2000000 TPA)
• The Demand Supply Ratio at the end of round 1 shall be 100% i.e. (2000000/2000000)

This shall be the Last Round of auction.

Final premium discovered at the end of the auction process is Rs 150/tonne, which shall be
the Winning Premium. This Winning Premium shall be converted in percentage terms i.e.
as a percentage of Modulated Price of relevant grade of coal and shall be constant over the
tenure of linkage as under:

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*Winning Premium shall be rounded up to the nearest second decimal

8.8.2 Allocated Quantity for the year on the basis of Scheduled Production of coking coal
8.8.2(a) The Successful Bidder shall be entitled to the Allocated Quantity for the year post
adjustment of the Scheduled Production of coking coal (year-on-year) submitted
by such Successful Bidder as part of Annexure XXI (“Adjustment”). The
adjustment with respect to the year-on-year Scheduled Production of coking coal
shall be source-specific and on the basis of the annual coal requirement of the
Specified End Use Plant(s) excluding the CPP or a cogeneration unit or any other
unit met through the Scheduled Production of coking coal for the year. There are
multiple sources from which Coal is proposed to be supplied, which are placed
at Annexure XVII. The Allocated Quantity for each year from a particular source
under the RFP shall be computed in accordance with the following formula:
Allocated Quantity for the year from a particular source” =Adjustment Factor
x Coal Requirement for the year in TPA

Wherein,

Adjustment Factor = Coal requirement of Specified End Use Plant(s) excluding

CPP or a cogeneration unit or any other unit of the Bidder met from a particular
source in TPA divided by 2,000,0000 (two million) Tonnes

Coal Requirement for the year =

Normative Coal Requirement of the Specified End Use Plant(s) excluding CPP
or a cogeneration unit or any other unit of the Bidder as considered in the RFP in
TPA + coal requirement of the Specified End Use Plant(s) excluding CPP or a
cogeneration unit or any other unit of the Bidder corresponding to the minimum
of the Scheduled Production of coking coal as considered in the RFP in TPA –
coking coal requirement of the Specified End Use Plant(s) excluding CPP or a
cogeneration unit or any other unit of the Bidder corresponding to the Scheduled
Production of coking coal for the year in TPA.

8.8.2(b) Adjustment in the Allocated Quantity for the year shall be carried out in case the
Coal Requirement for the year as computed above is less than 2,000,0000 (two
million) tonnes in Washery Grade IV. In the event the Coal Requirement of the
Specified End Use Plant(s) excluding CPP or a cogeneration unit or any other
unit of the Bidder for the Year, as computed above, is more than 2,000,0000 (two
million) tonnes, there shall be no adjustment in the Allocated Quantity.
8.8.2(c) In the event the Coal requirement of the Specified End Use Plant(s) excluding
CPP or a cogeneration unit or any other unit of the Bidder for the Year, as
computed above, is less than or equal to zero, then Annual Contracted Quantity
for that year shall be zero. In the event, the Coal Requirement as computed above,
for each year during the Term of the Agreement is less than or equal to zero, then
the Fuel Supply Agreement shall be terminated.
Illustration:

Assuming the Normative Coal Requirement of the Bidder corresponding to its

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Specified End Use Plant excluding CPP or a cogeneration unit or any other unit
of the Bidder is 3,000,0000 (three million) TPA W-IV grade and the Bidder had a
captive coal mine of W-IV grade with minimum production of 400,000 (four
hundred thousand) TPA, if the Scheduled Production of coking coal for a
particular year is 1,000,000 (one million) tonnes, the Coal Requirement for the
year shall be 2,400,000 (two million and four hundred thousand) TPA (3,000,000
+ 400,000 – 1,000,000).

Assuming the total quantity booked by the Bidder in the auction is 2,000,000
(two million) tonnes, there shall be no adjustment in the quantity allocated to the
Bidder (since the Coal Requirement for the year of 2,400,000 (two million and
four hundred thousand) TPA is more than total coal requirement booked for
the Specified End Use Plant during the auction).

In case the coal requirement of the Bidder for a particular year after adjustment
to the production of coking coal from the captive coal mine for that year is
1,400,000 (one million and four hundred thousand) TPA instead of 2,400,000
(two million and four hundred thousand) TPA, then there will be adjustment in
the Allocated Quantity of the Year and the quantity allocated to the Bidder shall
be revised from 2,400,000 (two million and four hundred thousand) to 1,400,000
(one million and four hundred thousand) tonnes.

8.8.2(d) In the event the mine opening permission is received subsequent to completion
of the Bidding Process, the Allocated Quantity for the remaining period of the
Fuel Supply Agreement shall be computed in the manner prescribed above,
based on the Scheduled Production of coking coal submitted by the Successful
Bidder to BCCL, as per format at Annexure XXI immediately on receipt of such
information from the Successful Bidder. An amendment to the Fuel Supply
Agreement shall be executed between the Successful Bidder and BCCL to this
effect.
8.8.2(e) Provided however, in accordance with Clause 8.7.5 in the event the Bidder who
has been allocated captive coal mine(s) for its Specified End Use Plant(s), does
not submit a self-certificate as specified in Clause 8.7.1 and/or doesn’t provide
the production schedule for coking coal as stated in Annexure XXI of this RFP,
then there shall be no adjustment to the Allocated Quantity in accordance with
this Clause 8.8.2.
Illustration:
Assuming that the Specified End Use Plant of the Bidder is a 2,740 (two
thousand seven hundred and forty) tonnes per Day of hot metal (“TPD”) blast
furnace unit and that the Bidder has an existing fuel supply agreement with an
annual contracted quantity of 500,000 (five hundred thousand) TPA in W- IV
grade and a mine of W-IV grade of coal has been allocated for captive
consumption to the Specified End Use Plant Unit, and mine opening permission
has been granted by CCO on 1 February 2024, then:

30 Year Coking Coal Production from Approved Mine Plan

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Year Year Start Date Year End Date Scheduled

(MOP) Production
(TPA)
Year 1 01-02-24 31-01-25 15,000
Year 2 01-02-25 31-01-26 50,000
Year 3 01-02-26 31-01-27 4,50,000
Year 4 01-02-27 31-01-28 5,50,000

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Year Year Start Date Year End Date Scheduled

(MOP) Production
(TPA)
Year 5 01-02-28 31-01-29 10,00,000
Year 6 01-02-29 31-01-30 10,00,000
Year 7 01-02-30 31-01-31 10,00,000
Year 8 01-02-31 31-01-32 10,00,000
Year 9 01-02-32 31-01-33 10,00,000
Year 10 01-02-33 31-01-34 10,00,000
Year 11 01-02-34 31-01-35 10,00,000
Year 12 01-02-35 31-01-36 10,00,000
Year 13 01-02-36 31-01-37 10,00,000
Year 14 01-02-37 31-01-38 10,00,000
Year 15 01-02-38 31-01-39 10,00,000
Year 16 01-02-39 31-01-40 10,00,000
Year 17 01-02-40 31-01-41 10,00,000
Year 18 01-02-41 31-01-42 10,00,000
Year 19 01-02-42 31-01-43 10,00,000
Year 20 01-02-43 31-01-44 10,00,000
Year 21 01-02-44 31-01-45 10,00,000
Year 22 01-02-45 31-01-46 10,00,000
Year 23 01-02-46 31-01-47 10,00,000
Year 24 01-02-47 31-01-48 10,00,000
Year 25 01-02-48 31-01-49 10,00,000
Year 26 01-02-49 31-01-50 8,50,000
Year 27 01-02-50 31-01-51 7,50,000
Year 28 01-02-51 31-01-52 6,00,000
Year 29 01-02-52 31-01-53 5,00,000
Year 30 01-02-53 31-01-54 5,50,000

The financial-year wise pro-rated production schedule of coking coal is approximately:

Financial Year Financial Year Financial Year Scheduled
Start Date End Date Production (TPA)
Pro-rated
2024 01-04-2023 31-03-2024 2,500
2025 01-04-2024 31-03-2025 20,833
2026 01-04-2025 31-03-2026 1,16,667
2027 01-04-2026 31-03-2027 4,66,667
2028 01-04-2027 31-03-2028 6,25,000
2029 01-04-2028 31-03-2029 10,00,000
2030 01-04-2029 31-03-2030 10,00,000
2031 01-04-2030 31-03-2031 10,00,000
2032 01-04-2031 31-03-2032 10,00,000
2033 01-04-2032 31-03-2033 10,00,000
2034 01-04-2033 31-03-2034 10,00,000
2035 01-04-2034 31-03-2035 10,00,000
2036 01-04-2035 31-03-2036 10,00,000
2037 01-04-2036 31-03-2037 10,00,000

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Financial Year Financial Year Financial Year Scheduled

Start Date End Date Production (TPA)
Pro-rated
2038 01-04-2037 31-03-2038 10,00,000
2039 01-04-2038 31-03-2039 10,00,000
2040 01-04-2039 31-03-2040 10,00,000
2041 01-04-2040 31-03-2041 10,00,000
2042 01-04-2041 31-03-2042 10,00,000
2043 01-04-2042 31-03-2043 10,00,000
2044 01-04-2043 31-03-2044 10,00,000
2045 01-04-2044 31-03-2045 10,00,000
2046 01-04-2045 31-03-2046 10,00,000
2047 01-04-2046 31-03-2047 10,00,000
2048 01-04-2047 31-03-2048 10,00,000
2049 01-04-2048 31-03-2049 9,75,000
2050 01-04-2049 31-03-2050 8,33,333
2051 01-04-2050 31-03-2051 7,25,000
2052 01-04-2051 31-03-2052 5,83,333
2053 01-04-2052 31-03-2053 5,08,333
Minimum Scheduled Production 2,500

It is seen from the production schedule above that the minimum production of coking coal
over the next 30 (thirty) years is 2,500 (two thousand five hundred) tonnes, corresponding to
coking coal production for the current year.

The Normative Coal Requirement of the Specified End Use Plant in W-IV grade is as per the
table below:

Particulars Unit Note

Capacity of Specified End Use TPD (A) 10,000
Plant
Annual Capacity of Specified End TPA (B) = A*365 36,50,000
Use Plant
Capacity Utilisation (C) 85%
Consumption Norm based on Kg of (D) 820
Washery Grade- IV coal/tonnes of
hot metal
Annual Coal Requirement of the TPA (F) = 25,44,050
Specified End Use Plant (based on B*C*D/1000
Washery Grade-IV)
Annual Coal requirement of the TPA (G) 2,500
Specified End Use Plant met
through captive coal mine (based
on Washery Grade IV)
Annual Coal requirement of the TPA (I) 5,00,000
Specified End Use Plant met
through existing linkage (based on
Washery Grade IV)

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Normative Coal Requirement TPA (J) = F - H - I 20,41,550

based on Washery Grade-IV

Assuming that the Successful Bidder is supplied raw coal from 3 (three) different sources.
The quantity supplied from each source is as per the table below:

S.No. Source Annual Quantity Adjustment Factor =

(TPA), W-IV C/2 Million Tonnes
(A) (B) (C) (D)
1 Source 1 7,50,000 37.50%
2 Source 2 6,50,000 32.50%
3 Source 3 6,00,000 30.00%
Total 20,00,000 100.00%

The total coal requirement of the Specified End Use Plant ** to be met from Allocated Quantity
under this RFP shall be updated in accordance with the Normative Coal Requirement and the
Scheduled Production of coking coal, as below:
Financi Schedule Normative Coal requirement of Coal Total coal Allocated Quantity
al Year d Coal SEUP in WIV Requireme requireme
Productio Requireme corresponding to: nt in the nt of SEUP
n nt of Minimu Schedule FY met under Source Source Source
SEUP** for m of the d the auction 1 2 3
the auction Schedule Productio Adjustment Factor
d n of the
Productio year 37.50% 32.50% 30.00%
n Initial Source-wise
Allocated Qty

7,50,00 6,50,00 6,00,00

0 0 0
(A) (B) (C) (D) (E) (F) = (C) + (G) IF F>G, then initial
(D) - (E) source-wise Allocated
Quantity otherwise =
F*Adjustment Factor
2024 2500 2041550 2500 2500 2041550 2000000 750000 650000 600000
2025 20833 2041550 2500 20833 2023217 2000000 750000 650000 600000
2026 116667 2041550 2500 116667 1927383 2000000 722769 626400 578215
2027 466667 2041550 2500 466667 1577383 2000000 591519 512650 473215
2028 625000 2041550 2500 625000 1419050 2000000 532144 461191 425715
2029 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2030 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2031 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2032 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2033 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2034 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215

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2035 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2036 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2037 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2038 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2039 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2040 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2041 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2042 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2043 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2044 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2045 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2046 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2047 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2048 1000000 2041550 2500 1000000 1044050 2000000 391519 339316 313215
2049 975000 2041550 2500 975000 1069050 2000000 400894 347441 320715
2050 833333 2041550 2500 833333 1210717 2000000 454019 393483 363215
2051 725000 2041550 2500 725000 1319050 2000000 494644 428691 395715
2052 583333 2041550 2500 583333 1460717 2000000 547769 474733 438215
2053 508333 2041550 2500 508333 1535717 2000000 575894 499108 460715

All values in TPA, W-IV grade of coking coal

**excluding CPP, cogeneration unit or any other unit of the Bidder which is associated with and
included as part of the Specified End Use Plant

8.9 Issuance of Letter of Intent

8.9.1 Upon successful completion of e-auction, BCCL shall issue a letter of intent in the
format set out in Annexure XIII Format of Letter of Intent (“LOI”) to the
Successful Bidder in respect of inter alia the Allocated Quantity and Washery. The
terms of this RFP shall be deemed to be incorporated in the LOI by reference and
shall form a part of the LOI and BCCL shall be entitled to exercise all its rights and
remedies under this RFP.
8.10 Execution of the Transaction Agreements
8.10.1 The Successful Bidder shall, within 60 (sixty) Days of issuance of the LOI by BCCL,
submit the following to BCCL:
8.10.1(a) Performance Security as specified in Chapter 11;
8.10.1(b) Upfront Payment as specified in Clause 12.1.1; and
8.10.1(c) Documents specified in Annexure III together with any other documents as may
be requested by BCCL.
8.10.2 Within 15 (fifteen) Days of submission of above-mentioned documents by the
Successful Bidder, the Transaction Agreements shall be executed between the
Successful Bidder and BCCL in respect of the Allocated Quantity and Washery.
8.10.3 The Successful Bidder shall not be entitled to seek any deviation, modification or
amendment in the Transaction Agreements. The terms of this RFP shall be deemed
to be incorporated in the Transaction Agreements by reference and shall form a part
of the Transaction Agreements and BCCL shall be entitled to exercise all its rights

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and remedies as stipulated in this RFP and the Transaction Agreements. In the event
of any inconsistency or difference in the provisions of the RFP and those of the
Transaction Agreements, the provisions of the Transaction Agreements shall
prevail.
8.11 Cost of Bidding
8.11.1 The Bidders shall bear all costs associated with the preparation and submission of
their Bids. BCCL is not bound to accept any Bid and reserves the right to annul the
Bidding Process without assigning any reason thereof at any time during the
Bidding Process and without incurring any liability to the Bidders.
8.12 Verification of information by the Bidders
8.12.1 It shall be deemed that by participating in the Bidding Process, the Bidder has:
8.12.1(a) made a complete and careful examination of the RFP and unconditionally and
irrevocably accepted the terms thereof;
8.12.1(b) reviewed all relevant information provided by BCCL, as may be relevant to the
Bidding process;
8.12.1(c) satisfied itself about all matters regarding the Bidding Process required for
submitting an informed Bid in accordance with this RFP and performance of all
of its obligations hereunder;
8.12.1(d) acknowledged and agreed that inadequacy, lack of completeness or
incorrectness of information provided in the RFP or ignorance of any of the
matters related to the Bidding 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 BCCL, or a ground for termination of the
Transaction Agreements by the Successful Bidder; and
8.12.1(e) agreed to be bound by the undertakings provided by it under and in terms
hereof.
8.12.2 BCCL 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 RFP or the Bidding process, including any error or
mistake therein or in any information or data given by BCCL.
8.13 Verification and Disqualification
8.13.1 BCCL reserve the right to verify all statements, information and documents
submitted by the Bidder in response to the RFP and the Bidder shall, when so
required by BCCL, make available all such information, evidence and documents as
may be necessary for such verification. Any such verification or lack of such
verification by BCCL shall not relieve the Bidder of its obligations or liabilities
hereunder nor will it affect any rights of BCCL thereunder.
8.13.2 Without prejudice to any other right or remedy that may be available to BCCL under
the RFP and/ or the Transaction Agreements, BCCL reserve the right to disqualify
the Bidder, cancel the LOI and/ or terminate the Transaction Agreements, as the
case may be, and appropriate the entire Bid Security or Performance Security, as the
case may be, if:

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8.13.2(a) at any time, a misrepresentation on part of the Bidder is made or uncovered,

8.13.2(b) the Bidder does not provide, within the time specified by BCCL, the
supplemental information sought by BCCL, or
8.13.2(c) any act or omission of the Bidder results in violation of or non-compliance with
the LOI, the Transaction Agreements, this RFP and/ or any other document
referred therein or issued pursuant thereto or any Applicable Law relevant for
the Bidding Process.
8.13.2(d) In the event of any exercise of its rights by BCCL under Clause 8.13, BCCL may
also in its discretion, disqualify the Bidder from participating in the auction.
8.14 Amendment of the RFP
8.14.1 At any time prior to the last date (as specified in Clause 2.2.1 for submission of
information, documents and payments (“Bid Due Date”), BCCL may for any
reason, whether at its own initiative or in response to clarifications requested by a
Bidder, modify the RFP by the issuance of an addendum and/ or corrigendum
and/or updated RFP.””
8.14.2 Any addendum and/ or corrigendum and/or updated RFP issued hereunder will
be in writing and shall be accessible to all the Bidders and shall be deemed to be
part of the RFP.
8.14.3 In order to afford the Bidders a reasonable time for taking an addendum and/ or
corrigendum into account, or for any other reason, BCCL may, in its sole discretion,
extend the Bid Due Date in accordance with Clause 8.14.1.
8.15 Due Date and Extension
8.15.1 The information, documents and payments pertaining to Bidding Process should be
submitted/ uploaded before the Bid Due Date.
8.15.2 BCCL may, in its sole discretion, extend the Bid Due Date by issuing an addendum
and/ or corrigendum in accordance with Clause 8.14.1 uniformly accessible for all
Bidders.
8.15.3 Any submission of information, documents and payments pertaining to the Bidding
Process after the Bid Due Date shall not be eligible for consideration and shall be
summarily rejected.
8.16 Rejection
8.16.1 Notwithstanding anything contained in this RFP, BCCL reserves the right to reject
any Bid and/ or to annul the Bidding 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.
8.16.2 BCCL reserves the right not to proceed with the Bidding process at any time,
without notice or liability, and to reject any Bid without assigning any reasons.
8.16.3 Without prejudice to the generality of the foregoing, BCCL reserves the right to
reject any Bid on any criteria specified in this RFP, including without limitation, the
following:

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8.16.3(a) Bids have not been submitted with all the information and details listed in this
RFP;
8.16.3(b) the information, documents and/ or payments with respect to the Bidding
Process are determined to be non-responsive in terms of Clause 9.6;
8.16.3(c) Bids have been submitted without Bid Security; and
8.16.3(d) Bids have otherwise not been submitted in accordance with the RFP.
8.16.3(e) if the Bidder and/ or its Affiliate and/or its Associate Company also submits a
bid, then the Bidder along with its Affiliate and/or its Associate Company shall
be disqualified/ rejected.

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Chapter 9 General Instruction to Bidders

9.1 General Terms

9.1.1 Notwithstanding anything to the contrary contained in this RFP, in the event of a
conflict, the relevant provisions of the Transaction Agreements when executed,
shall have overriding effect.
9.1.2 The documents including this RFP and all attached documents, provided by BCCL
are and shall remain or become the properties of BCCL and are transmitted to the
Bidders solely for the purpose of preparation and 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 9.1.2 shall also apply mutatis mutandis to
bids and all other documents submitted by the Bidders in relation to the bid, and
BCCL will not return to the Bidders any document, or any information provided
along therewith.
9.1.3 Any issuance of the LOI and execution of the Transaction Agreements pursuant to
this RFP shall be subject to the terms hereof and any documents issued pursuant to
this RFP and/ or any other document referred herein.
9.2 Instructions for Bid Submission
9.2.1 The bid and all related correspondence and documents in relation to the Bidding
Process shall be in English language. Supporting documents and printed literature
furnished by the Bidder with the Bid may be in any other language provided that
they are accompanied by translations of all the pertinent passages in the English
language, duly authenticated and certified by the Bidder. Supporting materials,
which are not translated into English, shall not be considered. For the purpose of
interpretation and evaluation of the Bid, the English language translation shall
prevail.
9.2.2 The Bidders are required to submit soft copies of their bids electronically on the
Electronic Platform, using valid Digital Signature Certificates and documents
mentioned in Clause 8.4.3(c) physically at the address mentioned in Clause 2.3.
Bidders have to follow instructions mentioned in Annexure XV for submission of
bid. Bid submitted through any other mode shall not be entertained and shall be
rejected.
9.2.3 Bid once submitted on the Electronic Platform cannot be withdrawn or modified or
substituted.
9.2.4 BCCL will evaluate only those Technical Bids that are complete in all respects along
with the Bid Security, Process Fee, Registration Fee for Access to Electronic
Platform, Power of Attorney and any other documents as specified in this RFP. Any
Incomplete and/ or conditional Bids shall be liable to rejection by BCCL. The Bidder
shall ensure that all the pages of Technical Bid shall contain Bidder’s stamp along
with signature in indelible ink of the authorised personnel of the Bidder.
9.2.5 Bidder should take into account any addendum/ corrigendum published on the
website from time to time, before submitting their bids. Bidder should go through

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the NIT and the RFP carefully to understand the documents required to be
submitted as part of the Bid.
9.2.6 Bidder, in advance, should prepare their Bid to be submitted as indicated in the
RFP/ schedules/ annexures and generally, they can be in PDF/ XLS/ RAR/ DWF/
JPG formats. The Bid shall be scanned with 100 dpi with black and white option
which helps in reducing size of the scanned document.
9.2.7 Bidder should log into the site well in advance for bid submission so that they can
upload the bid in time, i.e. on or before the bid submission time as specified. Bidder
will be responsible for any delay due to other issues.
9.2.8 The server time (which is displayed on the Bidders’ dashboard) will be considered
as the standard time for referencing the deadlines for submission of the bids by the
Bidders, opening of bids etc. The Bidders should follow this time during bid
submission.
9.2.9 The Bid shall be valid for a period of not less than 180 (one hundred and eighty) Days
from the Bid Due Date.
9.3 Bidder’s Responsibility
9.3.1 The Bidder is expected to carefully examine the contents of all documents provided.
Failure to comply with requirements of RFP will be at Bidder’s own risk. Prior to
submission of Bid, the Bidder is responsible for:
9.3.1(a) making a complete and careful examination of requirements, and other
information set forth in this RFP;
9.3.1(b) seeking any relevant information as required from BCCL; and
9.3.1(c) making a complete and careful examination of various aspects of the Project,
including but not limited to:
9.3.1(d) the Project Land; and
9.3.1(e) all other matters that might affect the Bidder’s performance under the terms of
this RFP.
9.3.2 Prospective/ Successful Bidders is required to inform BCCL about any pending
proceedings/ outcome of if any, against the Bidder under the Insolvency and
Bankruptcy Code, 2016 (“IBC”) (as amended from time to time), through relevant
Board resolutions/ intimation by Company Secretary/ self-declaration by
proprietors/ partners (in case of proprietorship or partnership firm respectively).
ln case of non-intimation about referral/ commencement of IBC proceedings before
the National Company Law Tribunal (“NCLT”) or Debt Recovery Tribunal
(“DRT”), as the case may be, by the Bidder prior to participation in the auction
process or execution of the Agreement, and such lapse comes to the notice of BCCL,
the Bid Security submitted by the Bidder shall be forfeited. The Agreement shall be
executed only if the matter is resolved in favour of the Bidder by the NCLT/ DRT,
as the case may be, subject to Clause 7.3.1 of this document.
9.4 Site Visit and Verification of Information
9.4.1 Bidders are encouraged to submit their respective Bids after visiting the Site and
ascertaining for themselves the site conditions, location, surroundings, availability
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of power, water and other utilities for renovation, access to Site, applicable laws and
regulations, and any other matter considered relevant by them. The costs of visiting
the Site shall be at the Bidder’s own expense.
9.4.2 The Bidder and any of its personnel or agents will be granted permission by the
Authority to enter upon its premises for the purpose of such visit, but only upon the
express condition that the Bidder, its personnel, and agents will release and
indemnify the Authority and its personnel and agents from and against all liability
in respect thereof, and will be responsible for death or personal injury, loss of or
damage to property, and any other loss, damage, costs, and expenses incurred as a
result of the inspection.
9.4.3 The geotechnical and other related data provided by the Authority is based on the
investigation conducted by Authority and is for reference purposes only. The
Bidder should satisfy himself with the data furnished and make his own
investigations, if required, for submitting his Bid.
9.4.4 The Authority shall not be liable in any manner whatsoever to the Bidder and such
termination shall be without prejudice to any right or remedy which the Authority
shall have under this RFP, the Transaction Agreements or under applicable law.
9.5 Confidentiality
9.5.1 Information provided under this RFP shall be kept confidential and shall not be
disclosed to any person who is not officially concerned with the Bidding Process.
9.5.2 BCCL and the Bidder shall treat all information, submitted as part of Bid, in
confidence and will require all those who have access to such information to treat
the same in confidence. BCCL and the Bidder may not divulge any such information
unless it is directed to do so by any statutory body that has the power under law to
require its disclosure. BCCL shall comply with its internal policies in this regard.
9.6 Tests of responsiveness
9.6.1 BCCL may at any time prior to or post issuance of the LOI determine whether the
documents, information and/ or payments in relation to the conditions to the
Bidding Process or the Bids have been submitted or received from the Bidder in
accordance with the requirements of this RFP. BCCL reserves the right to disqualify
any Bidder, cancel the LOI, terminate the Transaction Agreements and forfeit the
Bid Security and/ or Performance Security, as the case may be, if it is of the opinion
that the conditions to the Bidding Process or any other requirements for subsequent
submissions have not been duly satisfied and no request for alteration,
modification, substitution or withdrawal shall be considered or permitted by BCCL
in respect of the documents/ information submitted with respect to the conditions
to the Bidding Process, subsequent documents or payments with respect to the Bids.
While making any determination with respect to responsiveness of any documents,
information and/ or payments submitted or received from the Bidder, BCCL, may
consider such parameters as it may deem relevant including considerations that the
same:
9.6.1(a) are as per the prescribed formats and have been submitted or paid in the manner
stipulated in this RFP;

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9.6.1(b) have been submitted by the Bid Due Date including any extension thereof;
9.6.1(c) contain all information (complete in all respects) as requested in this RFP;
9.6.1(d) are not incorrect, false or misleading etc.;
9.6.1(e) do not contain any conditions or and/ qualifications;
9.6.1(f) have been provided in relation to one Specified End Use Plant; and
9.6.1(g) are generally not considered to be non-responsive in terms of any other
parameters as may be considered relevant by BCCL.
Save and except as provided in this RFP, BCCL shall not entertain any correspondence with
any Bidder in relation disqualification of a Bidder in accordance with this Clause 9.6.1.

9.7 Clarifications of Bids/ Shortfall Documents

9.7.1 To facilitate evaluation of Bids, the Authority shall, at its sole discretion, seek
clarifications from any Bidder regarding its Bid. Such clarification(s) shall be
provided within the time specified by the Authority for this purpose. Any request
for clarification(s) and all responses to such clarification(s) shall be in writing.
9.7.2 If the Bidder does not provide responses to the clarifications sought under Clause
9.7.1 above within the prescribed time, its Bid shall be liable to be rejected. In case
the Bid is not rejected, the Authority may proceed to evaluate the Bid by construing
the particulars requiring clarification to the best of its understanding, and the Bidder
shall be barred from subsequently questioning such interpretation of the Authority.

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Chapter 10 Bid Security and Process Fee

10.1 Bid Security

10.1.1 The Bidder shall furnish, as part of its Technical Bid, a security in the form of (i) a
bank guarantee by an Acceptable Bank, in favour of Bharat Coking Coal Limited in
the form and substance as prescribed at Annexure V and having a validity period
of not less than 210 (two hundred and ten) Days from the Bid Due Date and a claim
period of minimum 60 (sixty) Days from the date of expiry of validity period of bank
guarantee for Bid Security; or (ii) cash deposit through RTGS into a designated bank
account, the details of which shall be specified separately(the “Bid Security”). The
Bid Security, if issued in the form of a bank guarantee, shall be issued in paper form
as well as under Structured Financial Messaging System (SFMS) platform. For
example, if Bid Due Date is December 31, 2023, then Bid Security should be valid
till at least July 28, 2024 and claim period should be till at least September 26, 2024.
10.1.2 The Bid Security shall be INR 100 (Indian Rupees One Hundred) per tonne
multiplied by the Link Quantity (i.e. 2,000,000 (two million) Tonnes), which shall
be INR 20,00,00,000 (Indian Rupees Twenty Crores). Any Bid not accompanied by
the Bid Security shall be summarily rejected by BCCL as non- responsive.
10.1.3 Save and except as provided in this RFP, the Bid Security of unsuccessful Bidders
will be returned by BCCL, without any interest, upon issuance of the Letter of Intent
to the Successful Bidder or when the Bidding Process is cancelled by BCCL.
10.1.4 The Successful Bidder’s Bid Security will be returned, without any interest, upon
the signing of Transaction Agreements and furnishing of Performance Security in
accordance with the provisions thereof.
10.1.5 The Bid Security shall be liable to be forfeited and appropriated inter-alia in any of
the events specified in Clause 10.1.6 or elsewhere in this RFP. The Bidder, by
participating in the Bidding process pursuant to this RFP, shall be deemed to have
acknowledged and confirmed that BCCL will suffer loss and damage on account of
any default by the Bidder during the Bidding Process. No relaxation of any kind on
Bid Security shall be given to any Bidder.
10.1.6 The Bid Security shall be forfeited as damages without prejudice to any other right
or remedy that may be available to BCCL under the RFP and/ or under the
Transaction Agreements, or otherwise, under, inter alia, the following conditions:
10.1.6(a) The information, documents and/ or payments with respect to the conditions to
the Bidding Process are determined to be non-responsive in terms of Clause 9.6;
10.1.6(b) If a Bidder engages in a Corrupt Practice, Fraudulent Practice, Coercive Practice,
Undesirable Practice or Restrictive Practice as specified in Clause 14.1 of this RFP;
10.1.6(c) In the case of a Successful Bidder, if it fails within the time limits specified in
Clause 8.10:
(i) to furnish the Performance Security;
(ii) to submit the Upfront Payment
(iii) to submit the documents specified in Annexure III together with such other

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documents as may be requested by BCCL; or

(iv) to execute the Transaction Agreements,
in which case, the Bidder will also cease to be a Successful Bidder.
10.2 Process Fee
10.2.1 The Bidders shall be required to submit a process fee in the form of an earnest
money deposit ("Process Fee").
10.2.2 The Process Fee shall be INR 20 (Indian Rupees Twenty) per tonne (inclusive of
GST) multiplied by the Link Quantity which corresponds to INR 4,00,00,000
(Indian Rupees Four Crores).
10.2.3 The Process Fee of the Successful Bidder will be debited towards transaction
expenses for running the Bidding Process.
10.2.4 The Process Fee of the unsuccessful bidders shall be refunded, without any interest,
to such Bidder after completion of the Bidding Process.
10.2.5 Process Fee shall be submitted along with the Technical Bid in the bank account of
BCCL as per details placed at Clause 2.3.

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Chapter 11 Performance Security under Transaction Agreements

The Successful Bidder shall submit separate performance security under the WDO
Agreement and the Fuel Supply Agreement (“Performance Security”).

11.1 Performance Security under WDO Agreement

11.1.1 The Successful Bidder shall provide to BCCL, a performance security amounting to
INR 19,16,00,000 (Indian Rupees Nineteen Crore and Sixteen Lakhs) in the form of
an irrevocable and unconditional guarantee from an Acceptable Bank, or in the form
of a non-interest bearing security deposit in the account of BCCL the details of
which is placed at Clause 2.3, for the performance of its obligations under the WDO
Agreement within such time as specified in Clause 8.10 ("Performance Security –
WDO Agreement”). The Performance Security-WDO Agreement shall be
maintained until completion of 3 (three) months after the date of expiry of the
defects liability period as specified in the WDO Agreement.
11.1.2 The Performance Security-WDO Agreement, if provided in the form of a bank
guarantee shall be substantially in the form as provided in the WDO Agreement.
The Performance Security-WDO Agreement, if provided in the form of a security
deposit shall be non-interest bearing.
11.2 Performance Security under FSA
11.2.1 The Successful Bidder shall provide to BCCL, a performance security in the form of
an irrevocable and unconditional guarantee from an Acceptable Bank, or in the form
of a non-interest bearing security deposit in the account of BCCL the details of
which is placed at Clause 2.3, for the performance of its obligations under the FSA
within such time as specified in Clause 8.10 (“Performance Security – FSA”).
The amount of Performance Security should be as under:

Amount of Performance Security - FSA: 6% of [(Modulated Price x (1+Winning Premium)]

x ACQ (2 MTPA)

11.2.2 The Performance Security - FSA, if provided in the form of a bank guarantee, shall
remain valid till 3 (three) months from the date of expiry of the FSA with claim
period of at least 1 (one) Year. The Performance Security - FSA, if provided in the
form of a non-interest-bearing security deposit, shall be refunded to the Successful
Bidder within 3 (three) months after the date of expiry of the FSA. The return or
refund of the Performance Security FSA is subject to successful completion of the
obligations of the Purchaser and complete settlement of all claims of the Seller
arising out of the FSA.
11.2.3 The Performance Security - FSA, if provided in the form of a bank guarantee shall
be in substantially the form as provided in the FSA. The Performance Security - FSA,
if provided in the form of a security deposit shall be non-interest bearing.
11.2.4 The amount of Performance Security - FSA shall be suitably revised in case of
change in Modulated Price. The Successful Bidder shall have to top up/provide a
fresh Bank Guarantee (in the event Performance Security - FSA is submitted in the
form of a Bank Guarantee) or deposit addition funds (in case the Performance

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Security - FSA is provided in the form of Security Deposit) in case of revision in

Modulated Price on account of increase in escalation. The additional performance
security shall have to be deposited within 30 (thirty) Days of such revision.
Correspondingly, in case of revision in Modulated Price on account of reduction in
escalation, Successful Bidder can submit a new Bank Guarantee for the revised
value in case the Performance Security- FSA is submitted in the form of a Bank
Guarantee or BCCL shall refund the excess value to Successful Bidder in case the
Performance Security- FSA is provided in the form of Security Deposit.
11.3 Appropriation of Performance Security
The Performance Security may be appropriated by BCCL in the manner specified in
the Transaction Agreements and shall be without prejudice to the other rights and
remedies available under this RFP, the Transaction Agreements or Applicable Law,
without incurring any liability whatsoever.

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Chapter 12 Payments by Successful Bidder

12.1 The Successful Bidder shall be required to make payments under the Transaction
Agreements as below:
12.1.1 Upfront Payment
Upon issuance of Letter of Intent, the WDO shall pay Upfront Payment to the tune
of around INR 72,68,00,000 (Indian Rupees Seventy-Two Crores and Sixty-Eight
Lakhs) comprising aggregate of:

12.1.1(a)INR 14,13,00,000 (Indian Rupees Fourteen Crores and Thirteen Lakhs), being fair
value of existing assets, plant and machinery, spares;

12.1.1(b) INR 58,55,00,000 (Indian Rupees Fifty-Eight Crores and Fifty-Five Lakhs), being
present value of lease rental for first 2 (two) years.
12.1.2 The Upfront Payment shall be made within the timelines prescribed in Clause 8.10.
12.1.3 Non submission of Upfront Payment shall result in termination of the LOI and
forfeiture of the Bid Security.
12.2 Lease Rentals
12.2.1 Lease rental shall be payable annually towards utilizing the Project Land and other
infrastructure. The WDO would be required to make annual payments towards
lease rentals for the Transaction as per the lease rental schedule placed at Annexure
XXII.
12.2.2 Such lease payments would be payable from 3rd (third) year onwards in
accordance with the WDO Agreement.
12.3 Payment for Coal Supplied
12.3.1 The Successful Bidder shall be required to make periodic payments for the coal
supplied under the FSA based on the following formula:
[(aggregate of the Modulated Price and (the Winning Premium multiplied by the Modulated
Price) multiplied by (the ACQ under the FSA)], where,

ACQ = Allocated Quantity being 2.0 MTPA

12.3.2 Indexation of price payable for Coal supply

12.3.2(a) Wholesale Price Index (WPI) will be used for indexing of the basic price of coal
to be supplied under the FSA by applying on prevailing Modulated Price as on
31st March of the year (for the first year of indexing i.e. on 1st April 2023, WPI
will be applicable on Notified Price to arrive Modulated Price). Indexation of
basic price may be done to the extent of 25%(1/4th) of the movement of WPI.
12.3.2(b) The change in price with WPI (Indexed Price) over previous year shall have a cap
of +5%/-2.5% at the upper end and lower end.
12.3.2(c) The Modulated Price, applicable for supply, shall be the Indexed Price or and the
prevailing Notified Price for NRS consumers, whichever is higher. In case of
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revision in Notified Price anytime during the year, the new Modulated Price shall
be arrived by taking the Notified price or the prevailing Modulated Price,
whichever is higher. The new Modulated Price will be effective from the date of
such revision. The Modulated Price, so arrived, will be rounded off to the next
higher integer.

12.3.2(d) The Modulated Price will be calculated on the basis of movement of final WPI
index of December every year vis a vis December last year and will be made
effective from 1st of April of the following year, starting from 1st April 2023.
12.3.3 The Winning Premium fetched at the time of auction (over Reserve Price) will
remain constant and shall be applicable as a percentage over the Modulated Price.
12.3.3(a) In case there is change in Modulated Price during the course of the auction either
due to change in Notified Price or application of new Modulated Price (in April),
the ongoing auction will continue with the earlier Modulated Price. However,
during actual supply, the new Modulated Price will be applicable.
12.3.3(b) CIL/BCCL reserves the right to change/amend/modify the above-mentioned
indexation methodology/parameters and the same shall be binding on Seller and
Purchaser for all commercial and operational provisions under the FSA.
12.3.3(c) The As Delivered Price of Coal computed pursuant to the above shall exclude
sizing charges, transportation charges up to the Delivery Point, rapid loading
charges, statutory charges, levies and other charges as may be applicable from
time to time, which shall be additionally payable by the Successful Bidder.
12.3.3(d) All royalties, taxes, duties, cess, and such statutory levies payable to the State
Government, Central Government and/ or to any other statutory authority on
the supply, dispatch and delivery of Contracted Grade of Coal under the FSA
shall be borne by the Successful Bidder.
12.3.3(e) In all cases the entire freight charges, irrespective of the mode of transportation
of the Coal supplied, shall be borne by and to the account of the Successful
Bidder.
12.3.3(f) Notwithstanding anything to the contrary contained herein, the Successful
Bidder shall be liable to make payment to BCCL in terms of the FSA, on the basis
of Contracted Grade with respect to all quantity of Coal supplied, irrespective of
when and in what condition the loaded wagons/ rakes/ road transport vehicles
reach or do not reach the destination.

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Chapter 13 Change in Control and Transfer

13.1 Change in Control/ transfer subsequent to determination of Successful Bidder

13.1.1 Notwithstanding anything to the contrary contained in the Transaction
Agreements, any change in Control, ownership or management of the WDO and/or
transfer of its Specified End-Use Plant, along with the rights in relation to coal
linkage granted under the FSA or operations of the Washery shall only be
undertaken or permitted with the prior written approval of BCCL, provided that:
13.1.1(a) such change in Control does not result in the WDO becoming non-compliant
with any of the Eligibility Conditions enlisted in the RFP or the transferee of the
Specified End-Use Plant continues to satisfy all of the Eligibility Conditions
under the RFP;
13.1.1(b) such change in Control and/ or transfer occurs in accordance with Applicable
Laws and conditions for transfer and/or assignment as per Security clause of the
WDO Agreement and change in name clause of the FSA; and
13.1.1(c) Deed of Adherence in format specified in Annexure XI is executed and delivered
to BCCL.
13.1.2 The decision of BCCL in this behalf shall be final, conclusive, and binding on the
WDO, and the WDO hereby undertakes that it shall not give effect to any such
acquisition of equity or control of the board of directors of the WDO or transfer of
the Specified End-Use Plant without such prior approval of BCCL. Any change in
Control or transfer of the Specified End-Use Plant not in conformity with this Clause
or Applicable Laws shall be deemed to be void ab-initio and BCCL may in such
cases, at its sole discretion, appropriate the Bid Security or Performance Security as
the case may be, and terminate the WDO Agreement and the FSA.
13.1.3 Notwithstanding anything to the contrary contained herein, it is hereby expressly
agreed by the WDO that no change shall be effected in its shareholding pattern or
beneficial ownership or otherwise so as to make it ineligible in terms of any
Applicable Laws, to undertake and perform its obligations hereunder.
13.2 Change in Control prior to determination of Successful Bidder
13.2.1 Upon submission of documents and payments relating to the conditions to the
Bidding Process but prior to determination of the Successful Bidder, no change in
Control of a Bidder shall be permitted without the prior approval of BCCL.
13.2.2 BCCL shall grant such approval only if such change in Control does not result in
the Bidder becoming non-compliant with any of the Eligibility Conditions and such
change in Control occurs in accordance with Applicable Law.
13.2.3 The Bidder acknowledges and agrees that in the event of a change in Control of a
Bidder during the Bidding process until the determination of the Successful Bidder,
the Bidder would be deemed to have knowledge of the same and shall be required
to inform BCCL forthwith along with all relevant particulars about the same.
13.3 Consequences of default
13.3.1 Any change in Control of the Successful Bidder and/or any transfer of the Specified

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End Use Plant along with the rights in relation to the allocated coal linkage and
Washery implementation and operations which is not in conformity with this RFP
or Applicable Laws shall be deemed to be void ab-initio. BCCL, may in such
situations and without prejudice to its rights under Applicable Law, in its sole
discretion, appropriate the Bid Security, Performance Security, disqualify the
Bidder, terminate the Transaction Agreements and/ or cancel the LOI and
allocations, as the case may be.
13.4 Security Provisions for Financing
Subject to Applicable Laws and other applicable provisions of the WDO Agreement,
the Successful Bidder shall be entitled to create Encumbrances over the Washery or
Site (including leasehold interest of the WDO in the Site) in favor of Lenders for
securing financing provided by the Lenders to the WDO for the Build/ Renovation
of the Washery (including augmentation, if any) and the Site subject to compliance
with the conditions specified in this Clause, which conditions shall be reflected in
the financing documents executed by the WDO with the Lenders:
13.4.1 the ownership of the Project Land shall always remain vested with BCCL and any
creation of any Encumbrance over the assets of the WDO and on leasehold rights of
the WDO shall not affect the ownership of BCCL over such Project Land;
13.4.2 such Encumbrance shall not continue beyond the Contract Period;
13.4.3 in case of an event of default by the WDO under the financing documents executed
with the Lenders, the Lenders shall be entitled to enforce the Encumbrance created
in their favour in accordance with this Clause, Applicable Law and any other
applicable provisions of the Transaction Agreements:
13.4.3(a) the Lender with the highest exposure (in case of multiple banking), shall be
entitled to seek a substitution of the WDO by providing a written notice to the
Authority (the “Substitution Notice”);
13.4.3(b) the Substitution Notice shall contain complete particulars of the proposed
transferee (the “Selectee”), particulars of compliance of the Selectee with all the
Eligibility Conditions specified in the RFP, particulars of the debt due and such
data and information as would be necessary and relevant for the Authority to
decide as to acceptability of the Selectee;
13.4.3(c) the Authority may require such other information as it may deem fit regarding
suitability of the Selectee and the Lenders/Selectee shall promptly provide such
information to the Authority;
13.4.3(d) the Substitution Notice must be accompanied by an unconditional undertaking
of the Selectee to the effect that it shall upon acceptance by the Authority observe,
comply with, perform and fulfil the residual terms, conditions and covenants of
the Transaction Agreement as if the Selectee had been the WDO under the
Transaction Agreement and to assume, discharge and pay the debt due on terms
and conditions agreed to by the Selectee with the secured creditors. The Selectee
shall also undertake to enter into such documents and agreements with the
Authority as may be necessary or required to give effect to the substitution of the
WDO by the Selectee;

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13.4.3(e) the Authority shall convey its acceptance or otherwise of the Selectee within 60
(sixty) Days of (a) the date of receipt of the Substitution Notice; or (b) the date of
receipt of additional information and clarifications requested in respect of any
data, particulars or information comprised in the Substitution Notice, whichever
is later;
13.4.3(f) In the event that the Authority fails to communicate its acceptance or otherwise
or the objections if any it has to the acceptance of the Substitution Notice, within
the time specified in sub-clause (v) above, the Authority shall be deemed to have
accepted the Substitution Notice and the Selectee.
13.4.3(g) upon acceptance of the Selectee by the Authority or the Authority having been
deemed to have accepted the Substitution Notice, the WDO Agreement shall be
assigned in favour of the Selectee when:
(i) such Selectee and the WDO shall execute a deed of adherence in the format as
specified in the WDO Agreement confirming the Selectee’s adherence to the
terms and conditions of the Transaction Agreements and;
(ii) such Selectee shall execute such other documents and agreements with the
Authority as may be necessary or required to give effect to the substitution of
the WDO by the Selectee.
13.4.4 the WDO shall keep the Authority promptly informed about: (i) any default in its
obligation under any arrangement with any of its Lenders; (ii) any Encumbrance
created over the Washery or the Site under the WDO Agreement; and (iii) any action
initiated by the Lenders regarding enforcement of such Encumbrance.
Save and except the creation of Encumbrance for the benefit of the Lenders, the WDO shall
not assign, sub-lease or sub-license the WDO Agreement or in any manner create an
Encumbrance on the Site or the Washery, or transfer or dispose part or whole of its leasehold
rights or interest under the WDO Agreement without the prior consent in writing of the
Authority, which consent the Authority may deny without assigning any reason if such sub-
lease, sub-license, assignment or Encumbrance has or may affect the rights and obligations of
the Authority under the WDO Agreement or Applicable Laws.

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Chapter 14 Fraud and Corrupt Practices

14.1 Fraud and Corrupt Practices

14.1.1 The Bidder and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process and subsequent
to the issue of the LOI and during the subsistence of the Transaction Agreements.
Notwithstanding anything to the contrary contained herein, or in the LOI or the
Transaction Agreements, BCCL may reject the Bid, withdraw the LOI and/or
terminate the Transaction Agreements, as the case may be, without being liable in
any manner whatsoever to the Bidder or the Developer, as the case may be, if it
determines that the Bidder or the Developer has, directly or indirectly or through
an agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice in the Bidding Process.
14.1.2 Without prejudice to the rights of BCCL under Clause 14.1.1 above and the rights
and remedies which BCCL may have under the LOI or any of the Transaction
Agreements or otherwise, if the Bidder or the Developer, as the case may be, is
found by BCCL 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 Bidding Process or after the issuance of
the LOI or execution of the Transaction Agreements, such Bidder shall not be
eligible to participate in any tender or RFP issued by BCCL for a period of 2 (two)
years from the date such Bidder or WDO, as the case may be, is found by BCCL 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, as the case may be.
14.1.3 For the purposes of this Clause 14.1, the following terms shall have the meaning
hereinafter respectively assigned to them:
14.1.3(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 Bidding Process (for avoidance of doubt, offering of
employment to, or employing, or engaging in any manner whatsoever, directly
or indirectly, any official of the BCCL who is or has been associated in any
manner, directly or indirectly, with the Bidding Process or the LOI or has dealt
with matters concerning the Fuel Supply Agreement and/or WDO Agreement
or arising therefrom, before or after the execution thereof, at any time prior to the
expiry of one year from the date such official resigns or retires from or otherwise
ceases to be in the service of BCCL, shall be deemed to constitute influencing the
actions of a person connected with the Bidding Process); or, engaging in any
manner whatsoever, whether during the Bidding Process or after the issue of the
LOI or after the execution of the Fuel Supply Agreement and/or WDO
Agreement, as the case may be, any person in respect of any matter relating to
the Project or the LOI, or the Fuel Supply Agreement and/or WDO Agreement,
who at any time has been or is a legal, financial or technical adviser of the BCCL
in relation to any matter concerning the Project;
14.1.3(b) "fraudulent practice" means a misrepresentation or omission of facts or

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suppression of facts or disclosure of incomplete facts, in order to influence the

Bidding Process;
14.1.3(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 Bidding Process;
14.1.3(d) "undesirable practice" means establishing contact with any person connected
with or employed or engaged by BCCL with the objective of canvassing,
lobbying or in any manner influencing or attempting to influence the Bidding
Process;
14.1.3(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 Bidding Process.

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Chapter 15 Pre-Bid Conference

15.1 Pre-Bid Conference

15.1.1 Pre-bid conference of the interested parties shall be convened at a time and place
specified by BCCL [Dhanbad] in physical/digital mode as per the Bid Timelines in
Clause 2.2. The details for joining the pre-bid conference shall be communicated on
the Electronic Platform.
15.1.2 A maximum of 2 (two) representatives of each Bidder shall be allowed to participate
physically, on production of an authority letter from the Bidder. The purpose of the
pre-bid conference will be to clarify any issue regarding the Bidding Documents.
The Bidder is requested to submit questions for the pre-bid conference online not
later than the clarification submission due date as notified by the Authority.
15.1.3 Before the pre-bid conference, the interested bidders can send their queries over e-
mail provided in Clause 2.3 as per format placed at Annexure VIII.
15.1.4 During pre-bid conference, the Bidders will be free to seek clarifications and make
suggestions for consideration of the Authority no later than the clarification
submission due date as notified by the Authority. The Authority 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 Bidding
Process. Any clarifications provided in the pre-bid conference are only indicative
and Bidders will only be entitled to rely on the clarifications subsequently provided
in writing by the Authority. Responses would be suitably uploaded on the
Electronic Platform.
15.1.5 Non-attendance of Bidders at the pre-bid conference will not be a cause for
disqualification of the Bidder and it shall be presumed that the Bidder does not
require any clarification.

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Chapter 16 Miscellanous

16.1 Jurisdiction and Governing Law

16.1.1 The Bidding Process shall be governed by, and construed in accordance with, the
laws of India and the Courts at Ranchi, Jharkhand, India shall have exclusive
jurisdiction over all disputes arising under, pursuant to and/ or in connection with
the Bidding Process.
16.2 Suspension
16.2.1 BCCL, in its sole discretion and without incurring any obligation or liability,
reserves the right, at any time, to;
16.2.1(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or supplement
the Bidding Process or modify the dates or other terms and conditions relating
thereto;
16.2.1(b) consult with any Bidder to receive clarification or further information.
16.2.1(c) qualify or not to qualify any Bidder;
16.2.1(d) retain any information and/ or evidence submitted to BCCL by, on behalf of,
and/ or in relation to any Bidder; and/ or
16.2.1(e) 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 Liability
16.3.1 It shall be deemed that by submitting the Bid, the Bidder agrees and releases BCCL,
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 and the Bidding Documents, pursuant hereto, and/ or
in connection with the Bidding Process, to the fullest extent permitted by applicable
law, and waives any and all rights and/ or claims it may have in this respect,
whether actual or contingent, whether present or in future.
16.4 Integrity Pact
16.4.1 The Bidder shall submit a duly signed Integrity Pact as per Annexure X of the RFP.
Any Bid without signed integrity Pact shall be liable for rejection
16.4.2 The Bidders are requested to download the Integrity Pact as provided under the
Bidding Documents duly signed by Authority and upload the same after it is duly
signed and stamped by the Bidder on the Electronic Platform.
16.5 Non-Disclosure Undertaking
16.5.1 The Bidder shall execute a Non-Disclosure Undertaking, as per the format provided
under Annexure VI of the RFP. The Bidder will assume full responsibility for the
failure to comply with the terms of the Non-Disclosure Undertaking.
16.6 Employment of sub-contractor by the Bidder
16.6.1 The Bidder shall ensure that any sub-contractor engaged in performance of any

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works in relation to the Project shall be subject to compliance with the FDI Policy.
Further, if such sub-contractor is from a country sharing land border with India, per
the parameters provided below, it requires registration with the Competent
Authority.
16.6.2 For the purpose of this Clause, ‘sub-contractor from a country which shares a land
border with India’ shall mean:
16.6.2(a) an entity incorporated, established or registered in such a country; or
16.6.2(b) a subsidiary of an entity incorporated, established, or registered in such country;
or
16.6.2(c) an entity substantially controlled through entities incorporated, established, or
registered in such a country; or
16.6.2(d) an entity whose beneficial owner is situated in such a country; or
16.6.2(e) an Indian (or other) agent of such an entity; or
16.6.2(f) a natural person who is a citizen of such a country; or
16.6.2(g) a consortium of joint venture where any member of the consortium or joint
venture falls under any of the above.
16.6.3 Further, “beneficial owner” for the aforementioned purpose, shall in relation
to an entity, mean natural person(s), who, whether acting alone or together, or
through one or more juridical person, has a controlling ownership interest or
who exercises control through other means
For the purpose of this sub-clause-
(a) where the entity is a company, "controlling ownership interest" means
ownership of or entitlement to more than 10% (ten percent) of shares or
capital or profits of the company and "control" shall include the right to
appoint majority of the directors or to control the management or policy
decisions including by virtue of their shareholding or management rights
or shareholders agreements or voting agreements;
(b) where the entity is a partnership firm, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more
juridical person, has ownership of/entitlement to more than 15% (fifteen
percent) of capital or profits of the partnership;
(c) where the entity is an unincorporated association or body of individuals,
the beneficial owner is the natural person(s), who, whether acting alone or
together, or through one or more juridical person, has ownership of or
entitlement to more than 15% (fifteen percent) of the property or capital or
profits of such association or body of individuals;
(d) where no natural person is identified under (a) or (b) or (c) above, the
beneficial owner is the relevant natural person who holds the position of
senior managing official;
(e) where the entity is a trust, the identification of beneficial owner(s) shall
include identification of the author of the trust, the trustee, the beneficiaries

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with 10% (ten percent) or more interest in the trust and any other natural
person exercising ultimate effective control over the trust through a chain
of control or ownership.
16.7 Proprietary data
16.7.1 All documents and other information supplied by a Bidder to BCCL shall remain or
become the property of BCCL. It will not return any Bid or any information
provided by the Bidder.
16.8 Explanatory
16.8.1 The RFP documents are to be taken as mutually explanatory unless otherwise
expressly provided elsewhere in this RFP.

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Annexure I Letter Comprising Technical Bid

To,

The General Manager

Washery Construction Division
Bharat Coking Coal Limited
Koyla Bhawan Koyla Nagar,
Dhanbad – 826005

Dated:

Sub: Bid for Design, Build/ Renovation, Operation and Maintenance of the Dugda Coal
Washery with capacity of 2 MTPA at Bokaro, Jharkhand.

Dear Sir,

With reference to the RFP dated [●] (“RFP”) we hereby certify, undertake and confirm as
follows:

1. We satisfy and shall continue to satisfy all the Eligibility Conditions prescribed in
Chapter 7 of the RFP;
2. All information provided by us to BCCL is and shall be true and correct and nothing
has been omitted which renders such information misleading. If we submit or produce
any document and it is discovered subsequently that such document was false,
misleading, or incorrect, then we shall be liable under Applicable Laws for the time
being in force and subject to the consequences envisaged in the RFP;
3. The Bid is unconditional and unqualified.
4. All documents required to be submitted electronically on the Electronic Platform as
well as the following documents required to be submitted physically with BCCL are
duly submitted: (a) power of attorney in the form and substance as specified in
Annexure IV of the RFP; (b) certified true copy of board resolution authorizing
execution of abovementioned power of attorney; (c) certified extract of charter
documents i.e., Memorandum of Association and Articles of Association; (d) Bid
Security in the form and substance as specified in Annexure V of the RFP (in case Bid
Security is being submitted in the form of Bank Guarantee) or proof of Security
Deposit; as applicable (e) Documentary Evidence of payment of Process Fee (f)
affidavit in the form and substance as specified in Annexure VII of the RFP.
5. All documents submitted by us (other than originals submitted by us) are true copies
of their respective originals
6. We shall make available to BCCL any additional information it may find necessary or
require, to supplement or authenticate the Bid or eligibility to submit the Bid.
7. We acknowledge the right of BCCL to reject our Bid without assigning any reason or
otherwise and hereby waive, to the fullest extent permitted by applicable law, our
right to challenge the same on any account whatsoever.
8. We have examined and have no reservations to the RFP, Transaction Agreements,

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Annexures to the RFP and drawings, technical specifications, including any

addendum/ corrigendum issued by BCCL and hereby unconditionally and
irrevocably accept, agree and acknowledge the terms thereof including of any
addendum and/ or corrigendum to the RFP issued by BCCL;
9. 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 Clause 14.1 of the RFP document or in respect of any
tender or request for proposal issued by or any agreement entered into with BCCL or
any other public sector enterprise or any government, Central or State.
10. We have taken steps to ensure that in conformity with the provisions of Clause 14.1 of
the RFP document, no person acting for us or on our behalf has engaged or will engage
in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or
restrictive practice.
11. We understand that you may cancel the Bidding Process at any time and that you are
neither bound to accept any Bid that you may receive nor to invite the Bidders to Bid
for the Project, without incurring any liability to the Bidders, in accordance with the
RFP document.
12. We hereby irrevocably waive any right or remedy which we may have at any stage at
law or howsoever otherwise arising to challenge or question any decision taken by
BCCL in connection with the selection of the Successful Bidder or in connection with
the Bidding process itself and the terms and implementation thereof;
13. In the event of our being declared as the Successful Bidder, we agree to enter into the
Transaction Agreements in accordance with the RFP, comply with the terms of such
Transaction Agreements and all Applicable Laws and to pay such amounts and
provide such performance security, upfront payment and other security as required
therein; We agree not to seek any changes in the aforesaid agreements and agree to
abide by the same.
14. We declare that we have submitted only 1 (one) Bid and are not a member of or
constituent of any other Bidder.
15. We declare that no Affiliate or Associate Company of our Company, has submitted a
Bid for the Washery.
16. We further certify that no investigation by a regulatory authority is pending either
against us or against our CEO or any of our directors/ managers/ employees.
17. In case due to any change in facts or circumstances during the Bidding Process, we are
attracted by the provisions of disqualification in terms of the provisions of this RFP,
we shall intimate BCCL of the same immediately.
18. We understand that except to the extent as expressly set-forth in the Transaction
Agreements, we shall have no claim, right or title arising out of any documents or
information provided to us by BCCL or in respect of any matter arising out of or
relating to the Bidding Process including the award of Transaction Agreements.
19. We have agreed that (insert individual's name) will act as our representative and has
been duly authorized to submit the Bid. Further, the Authorised Signatory is vested

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with requisite powers to furnish such letter and authenticate the same.
20. We certify that in terms of the RFP, our average Net Worth as per standalone audited
annual accounts of last 3 (three) financial years, being FY20-2021, FY21-2022 and
FY22- 2023 is INR [●] (Indian Rupees [●] only).
21. We hereby submit our Technical Bid for undertaking the aforesaid Project in
accordance with the Bidding Documents and the Transaction Agreements.
22. We undertake that in case we emerge as Successful Bidder, then for the purpose of
participating in the auction of coal linkages under Non-Regulated Sector conducted
by CIL for Steel (Coking) sub-sector, the coal linkage of 2 (two) MTPA awarded
pursuant to this Bidding Process shall be adjusted against the Normative Coal
Requirement of our Specified End Use Plant(s).
23. We shall keep this offer valid for 180 (one hundred and eighty) Days from the Bid Due
Date specified in the RFP or such extended duration as may be agreed with BCCL.
24. We undertake to submit any revisions of the production schedule (s) corresponding to
our captive coal mine(s) in case of any modification to the production schedule by
approval of relevant competent authority.
25. we certify that in accordance with Clause 8.7 of the RFP, the details of existing
linkage(s) and captive coal mine(s) allocated for the Specified End Use Plant are as
follows:
S. No. Reference No. and Date of fuel supply Annual contracted quantity (MTPA)
agreement/ letter of assurance

S. No. Name of Captive Scheduled Production Grade of Date of Grant of

Coal Mine* (Year-on-Year) (MTPA) Coal Mine Opening
Permission

*To be provided separately for each coal mine

In witness thereof, we submit this bid under and in accordance with the terms of the RFP
document.

Yours faithfully,

Date:

(Signature, name and designation of the Authorised Signatory)

Place: Name and seal of the Bidder

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Schedule 1

1. Bidder Details:
Particulars of Bidder Details
Name
Country of Incorporation
Address of corporate headquarters and its
branch office(s), if any, in India:
Date of incorporation and/ or
commencement of business
2. Brief description of the Company including details of its main lines of business and
proposed role and responsibilities in this Project.
3. Details of Specified End-Use Plant(s)owned by the Bidder as per following format:
Name Capacity* Location

* Bidder to provide capacity of blast furnace and the CPP or any cogeneration unit or any other unit
4. Details of individual(s) who will serve as the point of contact / communication for the
Authority:
Particulars of Point of contact Details
Name
Designation
Company
Address
Contact Number
E-mail Address
Fax Number
Particulars of Authorised Signatory
Name
Designation
Address
Contact Number
E-mail Address

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Annexure II Statutory Auditor Certificate – Financial Criteria

(to be certified by Statutory Auditor of the Bidder)

To,

The General Manager

Washery Construction Division
Bharat Coking Coal Limited
Koyla Bhawan Koyla Nagar,
Dhanbad – 826005

Subject: Technical Bid for RFP No. -------

The following is confirmed in respect of financial status of the company [exact legal name of
Bidder] of which we are the Statutory Auditors.

The average Net Worth of the Bidder as per standalone audited annual accounts of last three
financial years is as below:

S.No. Financial Year Net Worth (in Rs.) As on financial statements dated
1 FY20-2021
2 FY21-2022
3 FY22-2023
Average

The above-mentioned Net Worth has been estimated as below:

‘Net Worth’ means the aggregate value of the paid-up share capital and all reserves created
out of the profits and securities premium account, after deducting the aggregate value of the
accumulated losses, deferred expenditure and miscellaneous expenditure not written off, as
per the audited balance sheet, but does not include reserves created out of revaluation of
assets, write-back of depreciation and amalgamation.

VERIFICATION

I, [●], the [Insert designation] at [name of Statutory Auditor] of the Bidder above named,
having my office at [●], do hereby solemnly declare that what is stated above are on the basis
of the books and records of the Bidder and verify that the contents are true and correct and
nothing material has been concealed therefrom.

SIGN AND SEAL OF STATUTORY AUDITOR

Membership No.:

Place:

Date:

UDIN No.:

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Annexure III Documents to be Submitted against FSA

For execution of FSA:

1. Relevant Corporate Authorizations of the Successful Bidder for execution and

performance of his obligations under the agreement such as:
(a) Notarised Power of Attorney (“PoA”).

(b) Certified true copy of Board Resolution or Certified true copy of Shareholders
Resolution etc. [Note: In case the Bidder wants a different person (different from the
one who participated in the online auction on behalf of the Bidder) to enter into the
Agreement, a PoA authorizing such person to enter into the Agreement on behalf of
the Bidder has to be submitted in the format as provided in the RFP.]
2. Documents with respect to the Specified End Use Plant(s) *:
(a) Commercial Operation Commencement certificate from a certified Chartered
Engineer or IEM Part B acknowledgement.
(b) Self-attested copy of valid Factory License with respect to the Specified End Use Plant
or copy of application filed for renewal of the same in case the Factory License has
recently expired. In case Factories Act not applicable due to number of workers
employed then an affidavit cum undertaking to the effect that the said unit does not
qualify as a factory under the provisions of Factories Act as per stipulations under
section 2(m) of Factories Act regarding number of workers/ is to be submitted.
(c) Self-attested copy of Consent to Operate with respect to the Specified End Use Plant
issued under the relevant pollution control laws or copy of application filed for
renewal of the same in case the Consent to Operate has recently expired. Alternatively,
a valid no-objection certificate from the relevant State Pollution Control Board may be
submitted. Wherever, the relevant State Pollution Control Board does not specify the
validity of the certificate issued by them to the Specified End Use Plant, such a
certificate will be considered acceptable and an intimation will be sent by relevant
Subsidiary to the authority responsible for the issuance of the certificate.
3. Self-attested copy of GSTIN and PAN number of the Successful Bidder.
4. Self-attested copy of the documents uploaded at the RFP stage
5. Valid SSI/industrial registration certificate
6. Documentation with respect to existing coal linkages, assurance of linkages and/ or
allocation of mine, as available
7. Performance Security (to have already been submitted before execution of the FSA)
8. Details of the coke oven plant, if any, in the format provided below:
Details of the coke oven plant
Name Address Capacity Quantity of coking/ non-coking Output in terms of coke
coal converted (in Tonnes) (in Tonnes)

*only with respect to the blast furnace units

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For lifting of coal:

1. Notarised power of attorney.

2. Documents with respect to the Washery:
(a) Commercial Operation Commencement certificate from a certified Chartered
Engineer or IEM Part B acknowledgement.
(b) Self-attested copy of Consent to Operate with respect to the Washery issued under the
relevant pollution control laws. Alternatively, a valid no-objection certificate from the
relevant State Pollution Control Board may be submitted. Wherever, the relevant State
Pollution Control Board does not specify the validity of the certificate issued by them,
such a certificate will be considered acceptable and an intimation will be sent by the
Seller to the authority responsible for the issuance of the certificate.
3. Payment of coal value as per FSA.
4. Authorization document from Purchaser for lifting/supervise loading
NOTE: Validity of the documents wherever applicable to be maintained for lifting. FSA can be executed
and/or coal supply continued for a maximum of three (3) months after the date of expiry of the
CTO/Factory License if the Purchaser has submitted proof of its application for renewal of the same.

After lifting:

Yearly coal consumption certificate (as per prescribed format) to be submitted to the Seller
duly certified by chartered accountant of the Purchaser within tree (3) months of completion
of FY.

Coal (Qty wise)

Opening stock:

Add:

Purchase From CIL sources under FSA:

From any other source:

Less:

Consumption:

Year-end closing stock:

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Annexure IV Format of Power of Attorney

Know all men by these presents, We… .................................................................. (name of the firm
and address of the registered office) do hereby irrevocably constitute, nominate, appoint and
authorize Mr./ Ms. (name), ............................................ son/daughter/wife
of……………………………… and presently residing at…………….,who is presently
employed with us and holding the position of ……………………………. , as our true and
lawful attorney (hereinafter referred to as the (“Attorney”) to do in our name and on our
behalf, all such acts, deeds and things as are necessary or required in connection with or
incidental submission of our bid for the Project proposed or being developed by BCCL
including but not limited to signing and submission of all bids and other documents and
writings, participate in Bids and other conferences and providing information/ responses to
BCCL, representing us in all matters before the Authority, signing and execution of all
contracts including the Fuel Supply Agreement and WDO Agreement and undertakings
consequent to acceptance of our bid, and generally dealing with BCCL in all matters in
connection with or relating to or arising out of our bid for the said Project and/ or upon award
thereof to us.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things done or caused to be done by our said Attorney pursuant to and in exercise of the
powers conferred by this power of attorney and that all acts, deeds and things done by our
said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to
have been done by us.

IN WITNESS WHEREOF WE, …………., THE ABOVENAMED AUTHORITY HAVE

EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF ………….

Witnesses:

1.

2.

(Notarised Signature) Accepted

…................................................................ (Signature)

(Name, Title and Address of the Attorney)

For

…………………………..

(Signature, name, designation and address)

Notes:

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

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accordance with the required procedure.

(2) The Bidder should submit for verification the extract of the charter documents and
documents such as a board or shareholders’ resolution/ power of attorney in favour of the
person executing this power of attorney for the delegation of power hereunder on behalf of
the bidder.

(3) for a power of attorney executed and issued overseas, the document will also have to be
legalized by the Indian embassy and notarized in the jurisdiction where the power of attorney
is being issued. However, the power of attorney provided by bidders from countries that have
signed the Hague Legislation Convention 1961 are not required to be legalized by the Indian
Embassy if it carries a conforming apostille certificate.

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Annexure V Format of Bank Guarantee for Bid Security

(To be submitted on non-judicial stamp paper of the appropriate value in accordance with the Indian
Stamp Act 1899. The stamp paper should be in the name of the Executing Bank).

From:

[Insert Bank’s Name, and Address of Issuing Branch or Office]

To:
The General Manager
Washery Control Division,
Bharat Coking Coal Limited,
Koyla Bhawan, Koyla Nagar,
Dhanbad – 826005

Beneficiary: Bharat Coking Coal Limited (hereinafter called (“the Authority”)

Date:

Bid Security No.:

1. In consideration of you, being Bharat Coking Coal Limited (hereinafter referred to as

the “BCCL”, 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 relevant Request For Proposal, the Bid of .................................... (a
company registered under the Companies Act, [1956/2013]) and having its registered
office at ..................................... (hereinafter referred to as the “Bidder” which expression
shall unless it be repugnant to the subject or context thereof include its/their executors,
administrators, successors and assigns), for the [insert name] Coal Washery (“Coal
Washery”) pursuant to the RFP dated [insert date] issued in respect of the Monetization
of Coal Washery (hereinafter collectively referred to as “RFP”), we (Name of the Bank)
having our registered office at.....................................and one of its branches located at
. ................................ (“Bank”), at the request of the Bidder, do hereby in terms of the RFP,
irrevocably, unconditionally and without reservations guarantee the due and faithful
fulfilment and compliance of the terms and conditions of the RFP by the Bidder and
unconditionally and irrevocably undertake to pay forthwith to BCCL an amount of INR
[insert amount] (Indian Rupees [insert amount] only) (hereinafter referred to as the
(“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 said RFP.

2. Any such written demand made by BCCL stating that the Bidder is in default of the due
and faithful fulfilment and compliance with the terms and conditions contained in the
RFP 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 BCCL is disputed by the Bidder or not, merely on the first demand
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from BCCL stating that the amount claimed is due to BCCL by reason of failure of the
Bidder to fulfil and comply with the terms and conditions contained in the RFP. Any
such demand made on the Bank shall be conclusive 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 [insert amount] (Indian Rupees [insert
amount] only).

4. This Guarantee shall be irrevocable and remain in full force till [insert bank guarantee
expiry date] and claims can be lodged till [insert last date of lodgment of claim] or for
such extended period as may be mutually agreed between BCCL 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 BCCL 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 RFP including, inter alia, the failure of the Bidder to
keep its Bid open during the Bid validity period set forth in the said RFP, and the
decision of BCCL that the Bidder is in default as aforesaid shall be final and binding on
us, notwithstanding any differences between BCCL 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, winding up,
liquidation, or dissolution 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, BCCL shall be entitled to treat the Bank as
the principal debtor. BCCL 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 said RFP or to extend time for submission of the Bids or
the Bid validity period or the period for conveying acceptance of Letter of Intent or
period for Execution of Transaction Agreements by the Bidder or the period for
fulfilment and compliance with all or any of the terms and conditions contained in the
said RFP 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 said RFP or the securities
available to BCCL, and the Bank shall not be released from its liability under these
presents by any exercise by BCCL 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 BCCL or any indulgence by BCCL to the said Bidder or by any
change in the constitution of BCCL 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

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to [insert name of Bank along with branch address] and delivered at our above branch
which shall be deemed to have been duly authorized to receive the said notice of claim.

10. It shall not be necessary for BCCL to proceed against the said Bidder before proceeding
against the Bank and the guarantee herein contained shall be enforceable against the
Bank, notwithstanding any other security which BCCL 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 BCCL 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.

Signed and Delivered by ..................................... Bank

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Annexure VI Format for Non-Disclosure Undertaking

[On the Letterhead of the Bidder]

Ref. Date:

To,

The General Manager

Washery Control Division,
Bharat Coking Coal Limited,
Koyla Bhawan, Koyla Nagar,
Dhanbad – 826005

Sir/Madam,

We, [insert the name of the Bidder] having our registered office at [●] (hereinafter referred to
as the “Receiving Party”, which shall be deemed to mean and include our successors and
permitted assigns), irrevocably and unconditionally undertake the following:

A. The Receiving Party has received, and may further receive, Confidential Information
(as defined hereinafter) from Bharat Coking Coal Limited (“Disclosing Party”) either
directly or through any other person acting on behalf of the Disclosing Party, in
connection with the Bidding Process being conducted by the Disclosing Party
pursuant to its RFP No. [●] for selection of a Washery Developer and Operator for
Design, Build/ Renovation, Operation and Maintenance of the Dugda Coal Washery
with capacity of 2 (two) MTPA at Bokaro, Jharkhand (“Project”).
B. The Receiving Party and its Representatives (as defined hereinafter) shall maintain the
Confidential Information on strictly confidential basis in connection with the pursuit,
evaluation and/or feasibility of a business relationship, and/or the consummation of
a transaction (collectively, the “Business Purposes”) on the terms and conditions set
out below:
C. “Confidential Information” – For the purposes of this Non-Disclosure Undertaking
(“NDU”), Confidential Information shall mean all strategic and development plans,
financial reports, financial condition, business plans, co-developer identities, data,
business records, customer lists, project records, market reports, employee lists and
business manuals, policies and procedures, information relating to processes,
technologies or theory and all other information which may be disclosed by the
Disclosing Party or to which the Receiving Party may be provided access by the
Disclosing Party or others in accordance with the Non-Disclosure Undertaking, or
which is generated as a result of, incidental to or in connection with the Business
Purposes, which is not generally available to the public.
D. “Non-disclosure Obligations” – The Receiving Party promises and agrees to receive
and hold the Confidential Information in confidence. Without limiting the generality
of the foregoing, the Receiving Party further promises and agrees:
(a) to protect and safeguard the Confidential Information against unauthorized use,
publication or disclosure;

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(b) to not use any of the Confidential Information except for the Business Purposes;
(c) to not, directly or indirectly, in any way, reveal, report, publish, disclose, transfer or
otherwise use any of the Confidential Information except as specifically authorized by
the Disclosing Party in accordance with this NDU;
(d) to not use any Confidential Information to unfairly compete or obtain unfair
advantage vis-a-vis Disclosing Party in any commercial activity which may be
comparable to the commercial activity contemplated by the parties in connection with
the Business Purposes;
(e) to restrict access to the Confidential Information to those of its officers, directors, and
employees who clearly need such access to carry out the Business Purposes.
(f) to advise each of the persons to whom it provides access to any of the Confidential
Information, that such persons are strictly prohibited from making any use, publishing
or otherwise disclosing to others, or permitting others to use for their benefit or to the
detriment of the Disclosing Party, any of the Confidential Information, and, upon
request of the Disclosing Party, to provide the Disclosing Party with a copy of a written
agreement to that effect signed by such persons;
(g) to comply with any other reasonable security measures requested in writing by the
Disclosing Party;
(h) to refrain from directly contacting or communicating by whatsoever means to the
source(s) of information without written consent of the Disclosing Party; and
(i) to undertake not to disclose any names and their particulars to third parties without
the prior written consent of the Disclosing Party.

E. Exceptions – The confidentiality obligations hereunder shall not apply to Confidential

Information which:
(a) is, or later becomes, public knowledge other than by breach of the terms and
conditions set-out in this NDU;
(b) is in the possession of the Receiving Party with the full right to disclose prior to its
receipt from the Disclosing Party, as evidenced by written records. However, the
Disclosing Party shall not be responsible or liable for the authenticity or accuracy of
such information;
(c) is required to be disclosed by law, rule, regulation (including the regulations of any
relevant securities exchange), court order or any order from a regulatory, statutory or
governmental authority of any jurisdiction or other legal or judicial process of any
jurisdiction;
(d) is independently received by the Receiving Party from a third party, with no
restrictions on disclosure.
F. Return of Confidential Information – The Receiving Party agrees, upon written
request of the Disclosing Party or upon termination of the Business Purposes,
whichever is earlier, to promptly deliver to the Disclosing Party all records, notes, and
other written, printed, or tangible materials in the possession of the Receiving Party,
embodying or pertaining to the Confidential Information.

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G. No Right to Confidential Information -

(a) The Receiving Party hereby agrees and acknowledges that no license, either express
or implied, is hereby granted to the Receiving Party by the Disclosing Party to use any
of the Confidential Information.
(b) The Receiving Party further agrees that all inventions, improvements, copyrightable
works and designs relating to machines, methods, compositions, or products of the
Disclosing Party directly resulting from or relating to the Confidential Information and
the right to market, use, license and franchise the Confidential Information or the
ideas, concepts, methods or practices embodied therein shall be the exclusive property
of the Disclosing Party, and the Receiving Party has no right or title in relation thereto.
H. No Representation, Warranty or Guarantee – The Disclosing Party has not made and
will not make any representation, warranty, or guarantee as to the accuracy or
completeness of its Confidential Information or of any other information provided to
the Receiving Party, and the Receiving Party agrees that the Disclosing Party shall
have no liability resulting from the use of the Confidential Information or such other
information.
I. No Commitment -
(a) The disclosure of Confidential Information does not, and is not intended to, represent
a commitment by the Disclosing Party to enter into any business relationship with the
Receiving Party or with any other entity. If the Parties desire to pursue business
opportunities, they will execute a separate written agreement to govern such business
relationship.
(b) The Receiving Party represents and warrants that its access, use, storage, disposal, and
disclosure of Confidential Information does and will comply with all applicable
national, state, and foreign privacy and data protection laws, as well as all other
applicable regulations and directives.
(c) The Receiving Party shall implement administrative, physical and technical
safeguards to protect Confidential Information that are no less rigorous than accepted
industry practices and shall ensure that all such safeguards, including the manner in
which Confidential Information is collected, accessed, used, stored, processed,
disposed of and disclosed, comply with applicable data protection and privacy laws,
as well as the terms and conditions of this NDU
(d) Compelled Disclosure – If the Receiving Party faces legal action to disclose
Confidential Information received under this NDU or is requested to disclose
Confidential Information pursuant to any applicable law, governmental regulation or
legal process, then the Receiving Party shall promptly notify the Disclosing Party in
order that it may have the opportunity to intercede and contest such disclosure and,
upon request, shall cooperate with the Disclosing Party in contesting such a disclosure.
Except in connection with failure to discharge the responsibilities set forth in the
preceding sentence, neither the Receiving Party nor the Disclosing Party shall be liable
in damages for any disclosures pursuant to such legal action.
J. Notices: The communication between the parties is considered delivered and reached

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other party if transmitted by fax or electronic means with proof of sending. The date
of receiving the messages, notices or letters is the date of sending authenticated by the
sending machine. All notices under this NDU shall be deemed to have been duly given
upon the mailing of the notice, post-paid to the addresses listed above, or upon the
facsimile transmission, to the party entitled to such notice.
K. No Waiver - The failure of either Party to require performance by the other Party of
any provision of this NDU shall in no way effect the full right to require such
performance at any time thereafter.
L. Governing Law and Jurisdiction - This NDU shall be governed by and construed in
accordance with the laws of India and the courts of Dhanbad shall have exclusive
jurisdiction over all matters arising out of this NDU.
M. Severability - If any provision (or part thereof) of this NDU is held to be violation of
any applicable law, the same shall be deemed to be deleted from this NDU. The
remainder of this NDU shall remain in full force and effect as if such provision (or part
thereof) had not originally been contained in this NDU.
N. Miscellaneous - The authorized signatory of the Receiving Party signing this NDU,
for and on behalf of the Receiving Party, has been duly authorized by the Receiving
Party in this regard through a valid Power of Attorney, issued by the Receiving Party
in favour of such authorized signatory.

For and on behalf of [insert the name of the Receiving Party]

Signature of the Authorised Signatory

Name of the Authorised Signatory

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Annexure VII Format for Affidavit-Cum-Undertaking

(To be stamped in accordance with the relevant Stamp act and duly sworn before Notary
public)

Affidavit-cum-Undertaking

I, aged years, resident of working as an Authorised

Signatory on behalf of (name of bidder) (the “Bidder”) hereby state as under:

1. I say that I am the [Insert designation of the deponent] of the Bidder. I am conversant
with the facts and circumstances surrounding the subject of this Affidavit and have
been authorized to depose to the same pursuant to the power of attorney
dated .
2. I am filing this Affidavit to place on record verification of facts and documents in
connection with the Bidding process.
3. I certify and confirm that all the Eligibility Conditions (specified in Chapter 7 of the
RFP) required for participation in the Bidding process are satisfied and met.
4. [Insert separate paragraphs for each document brought on record on the website of
the Service Provider or physically submitted with BCCL, in a chronological sequence].
5. I unconditionally represent that we have not and will 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 Clause
14.1 of the RFP or enter to arrangement with a intent to form a cartel, in respect of any
tender or request for proposal issued by or any agreement entered into with BCCL or
any other public sector enterprise or any government, central or state.
6. I unconditionally represent that we have submitted only one (1) Bid and are not a
member of or constituent of any other Bidder.
7. I unconditionally represent no Affiliate or Associate Company of our Company, has
submitted a Bid for the Washery.

8. I certify and confirm that our average Net Worth as per standalone audited annual
accounts of last three financial years, being FY20-2021, FY21-2022 and FY22-2023 is
INR [•]
9. I unconditionally represent that there is no pending / previous litigation against us,
which prevents us from fulfilling the terms and conditions of the Transaction
Agreements, in the event BCCL enters into the Transaction Agreements with us.
10. I unconditionally represent that we have never been debarred or blacklisted by
anybody, pursuant to any business activity undertaken with them or, in relation to
any participation by us, in any tender called by them.
11. I unconditionally represent that there is no final conviction for tax purposes over the
last 5 (five) years and no final conviction for acts contrary to labour law over the last 5

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(five) years.
12. I unconditionally declare that if we emerge successful and are appointed as the WDO,
we shall utilize the End Products from the Washery towards the captive consumption
within the Specified End–Use Plants as per Applicable Law.

13. I unconditionally represent that we have not been subject to liquidation or bankruptcy.
14. I unconditionally represent that we are a Company, incorporated in India, that owns
a Specified End-Use Plant as defined in the RFP.
15. I unconditionally represent that there is no criminal case against the Bidder / its
partners / directors / agents pending before any court of law.
16. I hereby certify and declare that the information given above or in the bid form or
proposal, are true and correct, and binding on us.
17. That nothing has been concealed in the information submitted as mentioned above.

Capitalized terms used but not defined herein shall have the meanings assigned to them in
the RFP dated [●].

Solemnly affirmed and verified on this day of (month) 2024 at (place).

(Signature)

(Signature, name and designation of the Authorised Signatory)

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Annexure VIII Format of Queries

S. No. Page Part of RFP / Clause Text provided in Clarification sought

No. FSA/ WDOA Number RFP/ FSA/ with justification (if
WDOA any)
1. [●] [●] [●] [●] [●]
2. [●] [●] [●] [●] [●]

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Annexure- IX Letter of Authorization for Undertaking Site Visit and accessing

Data Room
[On the Letterhead of the Bidder]

To, Date:

The General Manager

Washery Control Division,
Bharat Coking Coal Limited,
Koyla Bhawan, Koyla Nagar,
Dhanbad – 826005

Subject: Authorization for visiting the Site, Data Room

Dear Sir/Madam,

We, [insert the name of the Bidder], hereby authorize the persons set out below to undertake
a visit to the Site, access to data room set up by the Bharat Coking Coal Limited (“Authority”),
for and on our behalf, pursuant to the Authority’s Request for Proposal No. [●], for Design,
Build/ Renovation, Operation and Maintenance of the Dugda Coal Washery with capacity of
2 (two) MTPA at Bokaro, Jharkhand (“RFP”):

Name of
Contact
S. No Nominated Designation Organisation Email ID
Number
Personnel

We confirm to the Authority that we have duly paid the registration fee as specified in the
RFP and submitted the Non-Disclosure Undertaking.

For and on behalf of [insert the name of the Bidder]

(Signature, name and designation of the Authorised Signatory)

Place: Name and seal of the Bidder

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Annexure X Integrity Pact

Bharat Coking Coal Limited (hereinafter referred to as “Authority”, which expression, unless
repugnant to the context thereof, shall mean and include its legal representatives, heirs and
assigns)

AND

………………………………………………….. (hereinafter referred to as “Bidder” which

expression, unless repugnant to the context thereof, shall mean and include its legal
representatives, heirs and assigns)

Preamble

The Authority intends to award, under laid down organizational procedures, contract(s)
for……………………. (hereinafter referred to as the “Project”). The Authority necessarily
requires full compliance with all relevant laws of the land, rules, regulations, economic use of
resources and of fairness/ transparency in its relations with its Bidder(s).

Section 1: Commitments of the Authority

1. The Authority commits itself to take all measures necessary to prevent corruption and
to observe the following principles:
(a) No employee of the Authority, personally or through family members or through any
other channel, will in connection with the RFP for or the execution of a contract,
demand, take a promise for or accept, for self or third person, any material or
immaterial benefit, which the person is not legally entitled to.
(b) The Authority shall, during the Bidding Process treat all Bidder(s) with equity and
reason. The Authority will in particular, before and during the Bidding Process,
provide to all Bidder(s) the same information and will not provide to any Bidder(s),
confidential/additional information through which the Bidder(s) could obtain an
advantage in relation to the Bidding Process or the contract execution.
(c) The Authority shall exclude from the process all known prejudiced persons. The
Authority shall obtain bids from only those parties who have been short-listed or pre-
qualified or through a process of open advertisement/ web publishing or any
combination thereof.
2. If the Authority obtains information on the conduct of any of its employees, Bidder(s),
which is a criminal offence under the Indian Penal Code (Amendment) Act 1921
and/or Prevention of Corruption Act 1988, or if there be a substantive suspicion in this
regard, the Authority will inform the Chief Vigilance Officer and subject to its
discretion, can additionally initiate disciplinary actions.
3. The Authority shall disqualify from the Bidding Process all Bidder(s) that fail to sign
this Pact or violate its provisions.
Section 2: Commitments of the Bidder(s)

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1. The Bidder(s) commits to take all measures necessary to prevent corruption. The

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Bidder(s) commits to observe the following principles during his participation in the
Bidding Process and during the contract execution.
(a) The Bidder(s) shall not, directly or through any other person or firm offer, promise or
give to any of the Authority’s employees involved in the Bidding Process or the
execution of the Transaction Agreements or to any third person any material or other
benefit which he/she is not legally entitled to, in order to obtain in exchange any
advantage, of any kind whatsoever, during the Bidding Process or during the
execution of the Transaction Agreements.
(b) The Bidder(s) shall not enter into any undisclosed agreement or understanding with
other Bidders, whether formal or informal. This applies, particularly to prices,
specifications, certifications, subsidiary contracts, submission or non-submission of
bids or any other actions to restrict competitiveness or to introduce cartelization in the
Bidding Process.
(c) The Bidder/ Contractor will not commit any offence under the relevant anti-
corruption laws of India. The Bidder(s) shall not use improperly, for purpose of
competition or personal gain, or pass on to others, any information or document
provided by the Authority as part of the business relationship, regarding plans,
technical bids, and business details, including information contained or transmitted
electronically.
(d) The Bidder(s) of foreign origin shall disclose the name and address of the
agents/representatives in India, if any. Similarly, the Bidder(s) of Indian nationality
shall furnish the name and address of the foreign authorities, if any. Further details as
mentioned in the “Guidelines on Indian Agents of Foreign Suppliers” (“Guidelines“)
shall be disclosed by the Bidder(s). Further, as mentioned in the Guidelines, all the
payments made to the Indian agent/representative have to be in Indian Rupees only.
(e) The Bidder(s) shall, at the time of submitting the Bid, disclose any and all payments
made, committed to or intended to be made to agents, brokers or any other
intermediaries in connection with the award of the Project.
2. The Bidder(s) shall not instigate third persons to commit offences outlined above or be
an accessory to such offences.
Section 3: Disqualification from Bidding Process and/or exclusion from future contracts.

1. If the Bidder(s), before awarding the Project or during execution, commits

transgression by violating Section 2 above or in any other form so as to put its
reliability or credibility in question, the Authority, at its sole discretion, is entitled to
disqualify the Bidder(s) from the Bidding Process or terminate the Transaction
Agreements, if already awarded, without prejudice to any other legal rights or
remedies available to the Authority under the relevant clauses of the RFP, the
Transaction Agreements and Annexures/Schedules of the RFP/Transaction
Agreements.
2. If the Bidder(s) commits a transgression through a violation of any of the terms under
Section 2 above or in any other form such as to put its reliability or credibility in
question, the Authority shall also be entitled to exclude such Bidder(s) from future Bid
award processes. The imposition and duration of the exclusion shall be determined by

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the Authority, keeping in view the severity of the transgression. The severity will be
determined by the circumstances of the case, in particular, the number of
transgressions and/or the amount of the damage.
3. If it is observed after payment of final bill but before the expiry of validity of Integrity
Pact that the Bidder has committed a transgression, through a violation of any of the
terms under Section 2 above or any other term(s) of this Integrity Pact, during the
execution of contract, the Authority will be entitled to exclude such Bidder from
further Bid award processes. The exclusion shall be imposed for a minimum period of
six (6) months and a maximum period of three (3) years.
4. The Bidder(s) accepts and undertakes to respect and uphold the Authority’s absolute
right to resort to and impose such exclusion and further accepts and undertakes not to
challenge or question such exclusion on any ground, including the lack of any hearing
before the decision to resort to such exclusion is taken. This undertaking is given freely
and after obtaining independent legal advice.
5. If the Bidder(s) may prove that he has restored/recouped the damage to the Authority
caused by him and has installed a suitable corruption prevention system, the
Authority shall, at its sole discretion, revoke or reduce the exclusion period before the
expiry of the period of such exclusion.
Section 4: Compensation for Damages

1. If the Authority has disqualified the Bidder from the Bidding Process prior to the
award of the Project, the Authority is entitled to demand and recover from the Bidder
the amount equivalent to Bid Security.
2. If, at any time after the awarding of the Project, the Authority has terminated the
Transaction Agreements according to Section 3, or if the Authority is entitled to
terminate the Transaction Agreements according to Section 3, the performance
security furnished by the Bidder, if any, as per the terms of the Transaction
Agreements shall be forfeited without prejudice to any other legal rights and remedies
available to the Authority under the relevant clauses of Transaction Agreements.
3. The Bidder(s) understands and agrees that the above shall be in addition to the
disqualification and exclusion of the Bidder(s), as shall be imposed by the Authority
in terms of Section 3 above.
4. The Bidder(s) undertake to demand from all sub-contractors a commitment in
conformity with this Integrity Pact, and to submit it to the Authority.
Section 5: Previous transgression

1. The Bidder(s) herein declares that it has committed no transgressions in the last three
(3) years with any other company in any country conforming to the anti-corruption
approach as detailed herein or with government/ any other public sector enterprise in
India that could justify its exclusion from the Bidding Process.
2. If at any point during the Bidding Process or after the awarding of the Transaction
Agreements, it is found that the Bidder(s) has made an incorrect statement on this
subject, he may be disqualified from the Bidding Process, or if as the case may be, that
the Transaction Agreements, is already awarded, it will be terminated for such reason

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and the Bidder(s) can be blacklisted in terms of Section 3 above.

Section 6: Criminal charges against violating Bidder(s)

If the Authority obtains knowledge of conduct of a Bidder or any employee or a representative

or an associate or sub-contractor of a Bidder, which constitutes a criminal offence under the
Indian Penal Code 1860/ Prevention of Corruption Act 1988, or if the Authority has
substantive suspicion in this regard, the Authority shall forthwith take actions in accordance
with applicable law.

Section 7: Duration of the Integrity Pact

1. This Integrity Pact shall come into force when both parties have legally signed it and
for the Successful Bidder, the Integrity Pact will be part of the Transaction
Agreements). It expires for the Successful Bidder 12 months after the expiry or
termination under the respective contract. The Integrity Pact shall expire in case of the
unsuccessful Bidder(s), two (2) months after the agreements for the project has been
awarded.
2. If any claims made / lodged during this time, the same shall be binding and continue
to be valid despite the lapse of this pact as specified above, unless it is discharged /
determined by BCCL.
3. The Bidder(s), however, understands and agrees that even upon the completion of the
Project and/or the last payment under the Transaction Agreements having been made,
if any transgression/violation of the terms of this Integrity Pact comes/is brought to
the notice of the Authority, it may, subject to its discretion, blacklist and/or exclude
such Bidder(s) as provided for in Section 3, without prejudice to any other legal right
or remedy so available to the Authority.
Section 8 – Other provisions

1. This Integrity Pact is subject to Indian Law. The place of performance and jurisdiction
is the Registered Office of the Authority, i.e. Dhanbad.
2. Any changes and supplements under the Integrity Pact shall be made in writing.
3. In case one or several provisions of this Integrity Pact are deemed invalid, the
remainder of this Integrity Pact shall continue to remain valid and binding on the
Authority as well as the Bidder(s).
(For & On behalf of the Authority)

(For & On behalf of Bidder)

Place:

Date:

Witness 1: (Name & Address)

Witness 2: (Name & Address)

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Annexure XI Deed of Adherence

This Deed of Adherence (“Deed”) is executed at [insert place] on the [insert day] day of [insert
month] of [insert year] (“Date of Execution of Deed”) by and between:

1. [insert name], a company incorporated under the [insert details] and having its
registered office at [insert address] (hereinafter referred to as the “Assignor”), which
expression shall unless it be repugnant to the context or meaning thereof, be deemed
to mean and include its successors and permitted assigns);
2. Bharat Coking Coal Limited, a company incorporated under the Companies Act 1956
and having its registered office at Koyla Bhawan, Koyla Nagar, Dhanbad – 826005,
Jharkhand, India (hereinafter referred to as “BCCL”, which expression shall unless it
be repugnant to the context or meaning thereof, be deemed to mean and include its
successors and permitted assigns); and
3. [insert name], a company incorporated under the [insert details] and having its
registered office at [insert address] (hereinafter referred to as the “Assignee”, which
expression shall unless it be repugnant to the context or meaning thereof, be deemed
to mean and include its successors and permitted assigns).
The Assignor, BCCL and the Assignee are hereinafter referred to individually as a “Party”
and collectively as the “Parties”.

Capitalized terms used herein and not defined shall have the meaning assigned to them in the
Agreement.

WHEREAS:

(a) The Assignor and BCCL are parties to a fuel supply agreement dated [insert date], and
a washery development and operation agreement dated [insert date] in relation to the
design, Building/ Renovation, operation, and maintenance of the Dugda Coal
Washery with capacity of 2 (two) MTPA at Bokaro, Jharkhand (“Transaction
Agreements”).
(b) In this Deed, except as the context may otherwise require, all words and expressions
defined in the Transaction Agreements shall have the same meanings when used
herein.
(c) The Assignee hereby undertakes to all persons who are at present or who may
hereafter become bound by the Transaction Agreements, to adhere to and be bound
by all the duties, burdens and obligations, if any, of the Assignor, as may be specified
in any of the Transaction Agreements and all documents expressed in writing to be
supplemental or ancillary thereto as if the Assignee had been an original party to the
Transaction Agreements since the date thereof.
(d) The Assignee hereby undertakes to all persons who are at present or who may
hereafter become bound by the Transaction Agreements to adhere to and be bound by
all the duties, burdens and obligations in relations to the Project, as may be specified
in the Transaction Agreements and the rules, regulations, amendment thereto
(“Applicable Laws”) as if the Assignee had been an original party to the Transaction
Agreements since the date thereof.
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(e) This Deed of Adherence shall be governed by and construed in accordance with the

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laws of Republic of India and the courts of [●], India shall be the forum for the
administration hereof.
IN WITNESS WHEREOF, this Deed of Adherence has been executed as a deed on the date
first above written.

Signed and delivered by the within named Assignee by the hand of [●] (Authorised Signatory
/ Director)

In the presence of

(name, address of witness)

Signed and delivered by the within named Assignor by the hand of [●] (Authorised Signatory
/ Director)

In the presence of

(name, address of witness)

Signed and delivered by the within named BCCL of [●] (Authorised Signatory / Director)

In the presence of

(name, address of witness)

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Annexure XII Consumption Norms

Grade of Coking Coal Indigenous Coking coal requirement

per tonne of hot metal , kg/thm
Steel Grade-I 410
Steel Grade-II 330
Washery Grade-I 365
Washery Grade-II 470
Washery Grade-III 600
Washery Grade-IV 820
Washery Grade-V* 820
Washery Grade-VI* 820
Washed Coking Coal 246

Note: * Since no norms is available for Washery V and Washery VI coking coal, for this
auction, the normative requirement of an end use plant bidding for Washery V and/or
Washery VI coking coal shall be determined on the norms for Washery IV grade coking coal.
Subsequently, on receipt for Washery V and Washery VI norms from the concerned authority,
the above table may undergo modification, if required.

The Normative Coal Requirement shall be calculated based on an assumption of 85% (eighty
five per cent) capacity utilization on an annual basis. Further, in accordance with Clause 8.7,
the minimum Scheduled Production of coking coal over 30 years (starting from current
financial year) of any coal mine allocated (pro-rated for the Specified End Use Plant(s)
excluding CPP or any cogeneration unit or any other unit of the Bidder in the event of a
combination of end use plants to which the mine was allocated), adjusted for grade, shall be
reduced from the Normative Coal Requirement of the Specified End Use Plant(s) excluding
CPP or any cogeneration unit or any other unit of the Bidder arrived based on the above.

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Annexure XIII Format of Letter of Intent

(To be issued on BCCL’s letterhead)

Ref No.

LETTER OF INTENT (LOI)

To,

[Name and registered office address of the Successful Bidder]

Kind Attention: [Mr./Ms (Authorized Signatory of the Successful Bidder]

Subject: Letter of Intent – Appointment of Washery Developer and Operator (WDO) for
Dugda Coal Washery

Ref:

(i) RFP No ---------------------- issued by Bharat Coking Coal Limited (“BCCL”) for selection
of Washery Developer and Operator to Design, Build/ Renovate, Operate, Maintain
and Transfer the Washery on Build/Renovation, Operation, Maintenance and
Transfer model (“Transaction”).
(ii) Your Bid submitted against the above RFP on the Electronic Platform [to include a
reference number if any]
Madam/Sir,

In inviting reference to the above, I am directed to declare [name of the Successful Bidder]
which has participated in the captioned Bidding Process as the Successful Bidder (% Winning
Premium of [ ]%, in accordance with the terms and conditions of the Bidding Documents for
carrying out the Scope of Works as mentioned in the RFP to Design, Build/ Renovate,
Operate, Maintain and Transfer the Washery on Build/Renovation, Operation, Maintenance
and Transfer model.

The Successful Bidder shall be required to perform the following activities:

(a) Submit acceptance of this Letter of Intent within 5 (five) Days from issuance of this
Letter of Intent.
(b) Within 60 (sixty) Days from issuance of this Letter of Intent, submit the following:
1. Performance Security under FSA of INR [●]
2. Performance Security under WDO Agreement of INR [●]
3. Upfront Payment of INR [●]
Within 15 (fifteen) Days of submitting the Performance Security and Upfront Payment, the
Successful Bidder shall be required to depute an Authorized Signatory at the following
address to execute the Transaction Agreements, being the Fuel Supply Agreement and the
Washery Development and Operations Agreement.

The General Manager

Washery Construction Division

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Bharat Coking Coal Limited

Koyla Bhawan Koyla Nagar,
Dhanbad – 826005

The Authorised Signatory deputed by the Successful Bidder should be present at the
aforementioned time and place inter alia along with: (a) original documents confirming
identity of such person along with a self-attested photocopy of the same; and (b) true copy of
power of attorney/board resolution in favour of the Authorised Signatory to execute the
Transaction Agreements including the extract of the charter documents or documents such as
a board or shareholders resolution authorizing the execution of such power of attorney
and/or the Transaction Agreements.

This Letter of Intent is only indicative, and any entitlements are subject to execution of the
Transaction Agreements in accordance with the provisions of the Bidding Documents and
satisfaction of the conditions prescribed in the Transaction Agreements.

The terms of the Bidding Documents are incorporated in this Letter of Intent by reference and
form part of this Letter of Intent. BCCL shall be entitled to exercise all its rights and remedies
as stipulated in the Bidding Documents.

(Signatory)

Acknowledged and Accepted by:

(Signature, name and designation of the Authorised Signatory)

Place: Name and seal of the Successful Bidder

Note:

The format of LOI set out hereinabove is merely indicative in nature. BCCL reserves the right
to modify or amend the same at its sole and absolute discretion.

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Annexure XIV Modalities for Banning/ Blacklisting of NRS Consumers

for Misutilization/ Misdirection of Coal
A. Major circumstances of Banning/ Blacklisting for misutilization/ misdirection of
coal:
• Communication from Statutory authorities like CBI, Police, Court of law etc.
containing allegations/finding/ establishing charge(s)of misutilization of coal against
any non-power unit and/ or its director/management.
• Finding of the instance of misutilization of coal internally by the coal company.
B. Guiding principle regarding banning/ blacklisting of consumers for misutilization/
misdirection of coal:
• Prior to suspension or banning for supply/participation, as it may, a notice calling for
explanation will be issued by the supplying coal company, pursuant to approval of
competent authority, to the alleged customer.
• The period of suspension/banning shall be for a period of 5 years. In case the reason
of such suspension is mitigated earlier then the suspension will stand accordingly
withdrawn.
• Wherever the reason of suspension is not completely mitigated (because of reasons
like pendency of trial or no clearance given by enforcement authority etc.), the period
of suspension to be extended till the time of acquittal or a direction/clearance is given
by enforcement authority/ Court or maximum period of banning, as imposed,
whichever is earlier. However, participation in linkage auction shall not be restricted
as long as charge-sheet is not filed against the consumer.
• Wherever the allegations stand proved, all running coal supply agreements will be
terminated forthwith with corresponding forfeiture of EMD/Security Deposit, as a
penalty towards the breach. Moreover, further participation in Linkage auction by the
plant shall also be banned till completion of tenure of suspension/banning.
C. Detailed Guideline regarding period of suspension/banning covering the aspects of
supply of coal under FSA and participation in linkage auction:
1. Complain regarding misutilization of coal received from statutory authorities/ CBI/
Investigating agencies:
i. Supply of coal under Fuel Supply Agreement:
a. Upon receipt of any adverse report/ order, coal supply and further transaction under
Fuel Supply Agreement will be stopped for concerned non-power unit immediately.
b. If charge sheet is not filed before relevant adjudicating forum within 6 months of such
suspension, the supply/transaction will be resumed with the condition (rider) that
suspension may be re-imposed on filling of chargesheet at any point of time, under
intimation to the concerned authority. In case charge sheet is issued subsequently,
supply/transaction will again be suspended.
c. If the charge sheet is filed within six months of such suspension, the suspension of
supply and transaction will continue.

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d. In case charge sheet is filed, suspension will be re-imposed and supply of coal will
only be restored as per terms of FSA only on acquittal/clearance or an order to that
effect by the investigating agency or Court.
e. In case a unit or its director is found guilty/convicted, suspension will continue for a
period of 5 years, effective from the date of commencement of last suspension or the
completion of penalty, whichever is earlier.
f. Since any conviction amounts to material breach of the agreement, the EMD/Security
deposit, as it may, in such cases shall stand forfeited.
ii. Participation under NRS Linkage auction:
a. On receipt of communication from statutory authority, the consumer put under
suspension will be eligible to participate in the NRS linkage auction till charge sheet is
filed. However, in case the charge sheet is filed, the unit will not be eligible to
participate in any auction and/ or to sign the FSA till his acquittal/clearance.
b. In case charge sheet is not issued within 6 months of completion of auction of the
relevant subsector (where the unit has participated) FSA shall be signed and supply
shall be commenced. However, such supply shall be guided by the procedure
mentioned at 1(i) above.
c. In case charge sheet is issued within 6 months of completion of auction of the relevant
subsector (where the unit has participated), the bid shall not be converted to FSA and
relevant bid security shall be forfeited.
d. If found guilty/convicted, banning for participation will continue for a period of 5
years effective from date of commencement of last suspension/ date of conviction,
whichever is earlier.
2. Misutilization of coal as per findings of coal company:
i. Supply of coal under Fuel Supply Agreement:
a. On finding the evidence/proof of diversion of coal or discrepancy in the coal stock
(5% or more) against coal procured under any of present FSA, will be sufficient reason
to put concerned NRS linkage holding unit under suspension.
b. On scrutiny within 3 months from the date of primary suspension, if misutilization is
not proved, the coal supply shall be resumed.
c. In case misutilization of coal under any present or past FSA is proved at any point of
time, supplies to the unit will be suspended for 5 years. In such case, all running
FSA/LOI will be terminated as per provision of Scheme/FSA/guideline by treating it
as gross material breach of the intent for which agreement(s) was/ were entered into
with consequent forfeiture of EMD/ SD, as it be.
ii. Participation under NRS Linkage auction:
a. On finding the evidence/proof of diversion of coal or discrepancy in the coal stock
(5% or more) against coal procured under any of present FSA, participation in linkage
auction of the unit shall not be restricted. However, signing of FSA shall be put on
hold for the time being.
b. In case misutilization is not proved within 3 months from the date of primary finding

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by Coal Company, FSA shall be signed. Supply shall be guided by the above
mentioned methodology as at 1(i) above.
c. In case misutilization of coal under any present or past FSA is proved at any point of
time, participation under NRS linkage auction shall be suspended for maximum
period of 5 years from the date of communication of such order to this effect.
D. Show Cause Notice: All the above cases where coal supplies are to be suspended &
signing of FSA withheld or FSA is contemplated to be terminated, a prior Show-Cause
notice shall be issued to the concerned party.
E. Change of Plant ownership: In the event of transfer of end use plant/takeover of a
company/change of management/change of name etc. (including but not limited to
NCLT and other Governmental proceedings) during the period of debarment, the new
owner shall remain debarred for the remaining period of suspension of 5 years.
F. Undertaking by Unit: All the bidders/ FSA holders shall submit an undertaking in
the form of an affidavit sworn before appropriate authority about factual status of
investigations, if any and its current status against them by investigating agency or
Court of law, regularly once a year.
G. Treatment of cases against which misutilization of coal was reported earlier and
action already taken by coal companies-
The above provisions will also apply to all the units uniformly, including those
suspended earlier, and based on certain reference/ findings of Coal Company /
statutory authority. In case the stipulated period of suspension/ banning, as it may,
has already exceeded five years, the status of such units shall stand restored
automatically, in line with aforesaid recommendations. Coal company shall make
necessary intimation/communication to all concerned including Linkage Auction
service provider regarding invoking and revoking banning/suspension for
supply/participation on any unit/consumer, as deemed required.

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Annexure XV Electronic Platform Guidelines

(Uploaded Separately)

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Annexure XVI Process Flow Chart

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Annexure XVII Details of Coal Linkage

S. Primary Source Grade Mode Allocated Quantity* Ash % Size Moisture Secondary
No. FY24 FY25 FY26 FY27 FY28 FY29 FY30 Range Source
1 AKWMC + W-IV Rail - 0.1 0.55 0.04 0.12 0.15 0.04 28-35 (-) 100mm 3-4 -
Choutudih
Patch B
2 Mudidih W-IV Rail 0.41 0.1 0.1 0.1 0.1 0.1 0 28-35 (-) 100mm 3-4 -
Colliery
Tetulmuri
Patch-A
3 GKKC(Patch S) W-IV Rail 0 0 0.93 1.4 1.31 1.28 1.49 28-35 (-) 100mm 3-4 -
4 Rajapur/ South W-IV Rail 0.98 0.89 0 0 0 0 0 28-35 (-) 100mm 3-4 -
Jharia +Dobari
Kuya DK-1
Patch
5 Rajapur/ South W-V Rail 0.22 0 0 0 0 0 0 35-42 (-) 100mm 3-4 -
Jharia
6 Am NT-ST W-V Rail 0.28 0.63 0.16 0.2 0.2 0.2 0.2 35-42 (-) 100mm 3-4 -
J'gora+NTST
MDO
7 ASPX2+Mega W-IV Rail 0.42 0.17 0.17 0.17 0.17 0.17 0.17 28-35 (-) 100mm 3-4 -
Patch, EJ
8 New Patch, EJ W-IV Rail 0 0.42 0.4 0.4 0.4 0.4 0.4 28-35 (-) 100mm 3-4 -
* includes buffer quantity, actual quantity supplied shall be limited to 2 MTPA
* The actual supply pursuant may vary between and/or beyond the quality parameters indicated above. Beyond FY 2030, BCCL shall ensure
supply of raw coal with similar characteristics as mentioned above.

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Annexure XVIII Washery Development & Operations Agreement

(Uploaded Separately)

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Annexure XIX Fuel Supply Agreement

(Uploaded Separately)

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Annexure XX Schedule of Encumbrances

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Annexure XXI Self-Certificate for Captive Coal Mine

(To be submitted separately for each captive coal mine, on the letter head of the Bidder)

Date: [insert Date]

Ref: Request for Proposal dated [insert Day/Month, Year]

Dear Sir,

With reference to the Request for Proposal dated [●] we hereby certify, undertake and confirm
as follows:

(A) Mine Opening Permission is Available

1. Coal Controllers’ Organisation has granted the mine opening permission for the [insert
name] coal mine on [DD-MM-YY].

2. The Scheduled Production for the said coal mine for the 30 years commencing from the
current financial year is as below :

30 Year Scheduled Production for [insert name] coal mine

Financial Year Scheduled Production (TPA)

[Insert Year 1]*
[Insert Year 2]
[Insert Year 3]
[Insert Year 4]
[Insert Year 5]
[Insert Year 6]
[Insert Year 7]
[Insert Year 8]
[Insert Year 9]
[Insert Year 10]
[Insert Year 11]
[Insert Year 12]
[Insert Year 13]
[Insert Year 14]
[Insert Year 15]
[Insert Year 16]
[Insert Year 17]
[Insert Year 18]
[Insert Year 19]
[Insert Year 20]
[Insert Year 21]
[Insert Year 22]
[Insert Year 23]
[Insert Year 24]
[Insert Year 25]
[Insert Year 26]
[Insert Year 27]
[Insert Year 28]

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Financial Year Scheduled Production (TPA)

[Insert Year 29]
[Insert Year 30]
Minimum Scheduled Production

*In the event Mine Opening Permission is granted in the current financial year, first financial
year should correspond to the period between the date of grant of Mine Opening Permission
and the corresponding financial year end. In the event of already producing mine, first
financial year shall be the current financial year in which this auction is being held.

Copy of the mine opening permission is enclosed herewith.

OR

(B) Mine Opening Permission is not Available

2. Coal Controllers’ Organisation has not granted the mine opening permission for the [insert
name] coal mine as on date of issuance of this certificate.

All capitalized terms used but not defined herein shall have the meanings ascribed to them in
the Request for Proposal.

Yours faithfully,

(Signature, name and designation of the Authorised Signatory)

Name and seal of Bidder

Date:

Place:

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Annexure XXII Lease Rental Schedule

Year Upfront Payment # (Rs. Crore) Annual Payout (Rs. Crore)

Year 1 58.55
Year 2 -
Year 3 33.13
Year 4 35.11
Year 5 37.22
Year 6 39.45
Year 7 41.82
Year 8 44.33
Year 9 46.99
Year 10 49.81
Year 11 52.80
Year 12 55.97
Year 13 59.32
Year 14 62.88
Year 15 66.66
Year 16 70.66
Year 17 74.90
Year 18 79.39
Year 19 84.15
Year 20 89.20
Year 21 94.55
Year 22 100.23
Year 23 106.24
Year 24 112.61
Year 25 119.37
In Case of further extension by a period of 5 years, lease rentals would be payable as
follows:
Year 26 126.53
Year 27 134.13
Year 28 142.17
Year 29 150.70
Year 30 159.75
# Payable as part of upfront payment prior to signing of the Transaction Agreements

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