(1) Every tender shall be submitted to the Director or any other officer authorised by him in this behalf, in a sealed cover super scribed with the relevant details of the tenderer.
(2) Every tender shall be accompanied with the earnest money as specified in the notice issued under clause (iii) of rule 25.
(3) The tender shall be opened in the presence of tenderer(s) who may be present at the notified time and place for opening of tenders. After opening of tenders, the result will be announced and provisionally selected tenderer shall immediately deposit 25 percent amount of total amount of tender bid as security for due observance of the terms and conditions of the contract.
(4) The earnest money shall be refunded immediately at the completion of the tender process to all excepting the person whose tender is provisionally accepted and his earnest money may be adjusted against the security under sub-rule (2).
(5) Misbehaviour by any tenderer during tender process will be viewed seriously and his earnest money may be forfeited or he may be barred from the tender process and if necessary, by debarring him for another period of three years from any future tender under these rules by the auction/tender committee.
(6) If the provisionally selected tenderer fails to deposit security money as required under sub-rule (3), the earnest money deposited under sub-rule (2) of this rule shall be forfeited to the Government.
(7) 1[The successful tenderer shall be issued a “Letter of Intent” by the Competent Authority with the condition that, he shall procure environment clearance, approved mining plan and forest clearance (if required) from the Competent Authority and also complete the requisite formalities required under the law applicable before the tender is finally accepted within two years from the date of issue of „Letter of Intent‟:
Provided that if the Director is satisfied that the holder of „Letter of Intent‟ is not responsible for the delay in procuring the various clearances, he shall extend the period for further one year. In case, the holder of „Letter of Intent‟ fails to procure the requisite clearances in the extended period, the Government may, if satisfied that the holder of „Letter of Intent‟ is not responsible for such delay, further extended the period of „Letter of Intent‟ for another one year and in case, the holder of „Letter of Intent‟ fails to procure the requisite clearances even in the extended period; the „Letter of Intent‟ shall stand withdrawn and security amount deposited under sub-rule (3) of this rule shall be forfeited to the Government and the area shall be put to re-auction or re-tendering.]
(8) After completion of the conditions, stipulated in the “Letter of Intent” by the successful contractor/proponent, the final acceptance order shall be issued by the Competent Authority for execution of agreement deed and payment of 25% of annual bid as contract money as determined under sub-rule (2) of rule 23.
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1. Substituted by Amendment Rules, 2017 vide Notification No. Ind-II(F)6-14/2014-Vol-I dated 04.05.2017.
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(9) The agreement deed in Form-„K‟ shall be executed between successful contractor and the Competent Authority within 60 days from the date of communication of final acceptance of the tender to the successful contractor and if no such contract is executed in the aforesaid period, the order accepting the tender shall be deemed to have been revoked and the security amount paid under sub-rule (3) of this rule shall be forfeited to the Government:
Provided that where the Competent Authority is satisfied that the tenderer is not responsible for the delay in the execution of the contract, the Competent Authority may permit the execution of the contract, within a reasonable time after the expiry of the aforesaid period of sixty days.
(10) After the expiry of the term of the contract, where the Government or authorized officer is satisfied that the contractor has fulfilled all the terms and conditions of the agreement, the amount of the security shall be refunded to the Contractor.