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However, Bidder on its own should meet either Technical Criteria at clause 5.1, or
financial criteria at Clause 5.2 above.
ii) The Bidder, who meets the requirements of clause 5.2 on its own and meets the
requirement of Clause 5.1 above based on the strength / experience of its Subsidiary (ies)
and/or Holding Company and/or Subsidiaries of its Holding company will be required to
furnish a legally enforceable Joint Operating Agreement (JOA) executed between the
Bidder and its Subsidiary (ies) and/or Holding Company and/or Subsidiaries of its Holding
company extending experience / strength to the Bidder along with its Techno-commercial
Bid, valid for at least 5 years, which will have to be extended till such time the mine
achieves 85% of the contracted capacity of the project, as per the formats enclosed in the
bidding documents. The number of executants of the JOA shall not exceed three including
the Bidder. Further each of the executants of the JOA other than the Bidder shall be
required to submit a performance guarantee equivalent to 1% of the estimated annual
contract value towards the faithful performance of terms & conditions contained in JOA as
per the format specified in the bidding documents. These performance guarantee(s) shall
be in addition to the Contract Performance Guarantee to be submitted by the Bidder as
per bidding documents and shall be kept valid and operative till 90 days after the expiry of
the validity of JOA.
iii) The Bidder who meets the requirements of clause 5.1 on its own and meets the
requirement of clause 5.2 based on the strength / experience of its Subsidiary (ies)
and/or Holding Company and/or Subsidiaries of its Holding company will be required to
furnish along with its Techno-commercial Bid, a Letter of Undertaking from the
Subsidiary (ies) and/or Holding Company and/or Subsidiaries of its Holding company,
supported by Board Resolution of such company(ies), as per the format enclosed in the
bid documents, pledging unconditional and irrevocable financial support for the execution
of the Contract by the Bidder in case of award. The number of such Subsidiary (ies)
and/or Holding Company and/or Subsidiaries of its Holding company lending
strength/experience to the Bidder shall not exceed three including the Bidder.
iv) Net worth of the Bidder and its Subsidiary (ies) and/or Holding Company and/or
subsidiary(ies) of its Holding Company, lending strength /experience to the Bidder for
meeting Technical or Financial Criteria, in combined manner, should be equal to or more
than 100% of their total paid up share capital, as on the last date of the last financial year
out of the three consecutive Financial Years, considered by bidder for meeting Financial
Criteria. However, net worth of the Bidder and its Subsidiary (ies) and/or Holding
Company and/or Subsidiary(ies) of its Holding Company, seeking qualification under this
Route, as on the last date of the last financial year out of the three consecutive Financial
Years, considered by Bidder for meeting financial criteria, should not be less than 75% of
their respective paid up share capital individually.
5.3.3 ROUTE –3 (Consortium)
i. Bidder may be a Consortium of up to three corporate entities and should collectively
meet the requirement of technical criteria mentioned at clause 5.1 above. For Bidders
who are qualified as per clause 5.1.2, requirement of clause 5.1.2 (b) should be met by
at least one of the consortium partners.
ii. All the Consortium members shall select one of the members as the “leader” who should
meet on its own financial criteria mentioned at clause 5.2 above.