— wa un fat fates 4 tant e NMDC Limited BA (AIRE ARH WB - TEP) (A GOVT. OF INDIA ENTERPRISE) = sha erates; afta wer, 10-3.3107R, Sate fer, area Se, Bererare- 500 028, Regd lee: Khan Brava 10-21, Cat i, Mosab Tank Herbed - 900 02, NMDC pT GEE BEM / Corporate Identity Number : L13100TG1958 GOI 001674 HO(Contracts)/DMP/Overburden/2022/910/172/264 Date: 16.02.2024 (By Registered post with Acknowledgement Due / Email) LETTER OF AWARD OF CONTRACT (LAC) To Mis Fortune Stones Limited, (Vendor Code: 130005602) Opp to Chhatrasal Nagar, Near Sanmati School, Panna Khajuraho Road, Chhatarpur, Madhya Pradesh-471001 Mob: 9111091010 E. Mail: chhatarpur@fortunestones.com, vijay.vairalkar@fortunestones.com {Kind Attn.: Shri Vijay Vairalkar, General Manager (Operations)} Sub: Excavation of 8.85 Lakh Cu. Mtr of Overburden / waste soil / soft rock and hard rock of all classifications from Diamond Mining Project, Majhgawan, Panna-488001 (MP) - reg Ref: 1 Tender Enquiry No. HO(Contracts)DMP/Overburden/2022/910/172 dated 13.04.2023, MSTC Ref No. NMDC/HO/7/23-24/ET/46 2 Corrigendum No. 1 dated 09.05.2023 & Corrigendum No. 2 dated 09.05.2023 issued to the tender 3 Your offer submitted vide Letter of Undertaking dated 12.05.2023 on MSTC portal 4 Your Price Bid opened through MSTC portal on 02.12.2023 at NMDC Limited, Hyderabad Your final Price offer submitted by email dated 22.12.2023 All other correspondences between NMDC and M/s Fortune Stones Limited, Chhatarpur after tender opening till issue of LAC on Sir, With reference to NMDC’s tender enquiry under reference at SI. No. (1) above, your techno- commercial offer under reference at SI. No. (3) above, your price bid under reference at SI. XE Phones :040-23538713-21 (9 Lines), 23536723, 29598767 Wi / Fax #01-40-73806711 4a E-mail :hois@nmdc.co.in | AARTEE Website : wwrw.nmdc.conNMDC Limited Contn. Sheet wana faite @ anit site No. (4) above, your final price offer under reference at SI. No. (5) above and all other correspondences exchanged between NMDC Limited and M/s. Fortune Stones Limited, Chhatarpur under reference at sl. no. (6) above, NMDC Limited (herein after referred as the ‘Corporation/Owner/Employer’) is pleased to accept the offer of M/s Fortune Stones Limited, Chhatarpur (herein after referred as the ‘Contractor’) and awards the work of “Excavation of 8.85 Lakh Cu. Mtr of Overburden / waste soil / soft rock and hard rock of all classifications from Diamond Mining Project, Majhgawan, Panna-488001 (MP)” ata total contract price of Rs. 33,93,97,500.00 (Rupees Thirty Three Crores Ninety Three Lakhs Ninety Seven Thousand Five Hundred only) which is inclusive of alll freight, all insurances, levies, taxes and duties, royalties, Octroi, Works Contract Tax, Turnover tax, Goods and Service Tax @18% etc., subject to the following terms and conditions: 1.0 Scope of Work: 4.4 The scope of work under this contract shall be as detailed in the tender documents including Technical specifications (Volume-II of tender document) cited under reference (1) above read along with pertinent pre-bid clarifications issued vide Corrigendum No. 1 dated 09.05.2023 cited under reference (2) above. 2.0 Contract Price: The Employer hereby agrees to pay to the Contractor, the Total Contract Price in consideration of the completion of the Works and performance by the Contractor of its obligations under the Contract and in accordance with the Contract. The Contract Price shall be as specified in Annexure-A (Price Schedule) or such other sums as may be determined in accordance with the terms and conditions of the Contract as indicated in the price schedule. For further details, refer GCC Clause No. 7 given in the Tender document, 3.0 Taxes and Duties: This shall be as per Clause No. 10 of General Conditions of Contract (GCC) 4.0 Jurisdiction of Contract The laws applicable to the Contract shall be the laws in force in India. The Courts of Hyderabad, Telangana State shall have exclusive jurisdiction in all matters arising under this Contract.NMDC Limited Contn. Sheet 5.0 6.0 7.0 7 72 73 Effective Date of Contract: Effective Date of Contract shall be counted from the date of 30" day of issue of the Letter of Award of Contract (LAC) i.e., 16.03.2024 Time for Completion: The time of completion for the whole work shall be Three Years [Thirty six (36) months] including monsoon period(s) from effective date of contract. The time period is extendable by 1 more year on mutual consent basis with same terms & conditions For further details, refer Appendix-2 (Time Schedule) to Form of Contract Agreement (FoCA) given in the Tender document. Contract Performance Bank Guarantee (CPG) ‘Amount of contract Performance Bank Guarantee shall be equivalent to 3% of total contract price. Manner of submission of Contract Performance Bank Guarantee: 3% of total contract price shall be submitted by the contractor in the form of Bank Guarantee (BG) in the format given at Annexure-10 to ITT of tender document from a Nationalized Indian Bank / Scheduled Commercial Bank including a foreign bank having a branch in India within 30 days of issue of Letter of Award of Contract (LAC). The Performance Guarantee is for faithful performance of the contract in accordance with the terms and conditions specified in the tender documents. Performance Guarantee shall initially be kept valid till three months beyond the scheduled completion of contract period. The paper BG would be operative only on receipt of a separate advice through Structured Financial Messaging System (SFMS) and confirmed by the Advising bank (i.e. Beneficiary bank). The confirmation of issuance of BG through SFMS from Advising Bank shall be obtained through electronically as well as print out of the said message from advising bank with seal and signature. The details of Beneficiary for issue of BG under SFMS platform is furnished below; [Name [NMDC Limitedwarner fakizs NMDC Limited 74 75 8.0 8.1 82 83 a4 85 ardt site Contn. Sheet Name of Area = Hyderabad Beneficiary & its | Bank Account No, | §2057027191 details Department Contracts Department Beneficiary bank | State Bank of India & Address NMDC Branch, Masab Tank, Hyderabad IFSC Code ‘SBINO020728 The above particulars are to be incorporated by the issuing Bank properly while issuing BG under SFMS mode to avoid any problem in future. Payments shall be released to the Contractor only after submission of Contract Performance Guarantee and signing of Contract Agreement. Failure of the Contractor to comply with the above requirements shall constitute sufficient grounds for cancellation of the award of work and forfeiture of the EMD. Return of Performance Bank Guarantee: The Bank Guarantee shall be returned to the Contractor upon request after the expiry of contract completion period or on payment of the amount of the Final bill in accordance with relevant clauses of the contract, whichever is later and up on certification of Engineer as ‘no pending issues’, Signing of Contract Agreement: Subsequent to Acceptance of Letter of Award of Contract (LAC) by the Contractor, the Employer shall dispatch within 15 days a copy of the draft Contract Agreement to the Contractor. Within 15 days, the Contractor shall prepare the final contract documents in two (2) original copies and sign the Contract Agreement. The Contractor shall furnish, for signing of the Contract, appropriate power of attorney and other requisite materials. The Effective date of Contract shall be 30" day from date of Letter of award of contract (LAC) The Agreement will be signed in two (2) originals and the Contractor shall be provided with one signed original and the Owner will retain the second. All expenses for making agreements including cost of stamp papers shall be borne by the Contractor. Subsequent to signing of the Contract, the Contractor at his own cost shall provide the Owner with Ten (10) photo copies of Agreement and one soft copy in CD.NMDC Limited Contn. Sheet aught fates @ wrét afte 9.0 9.1 92 93 9.4 95 96 10.0 Terms of Payment: In accordance with the provisions of the contract, the Employer shall pay the contractor for the scope of services detailed in the tender documents, on the basis of the price given in the Price schedule. Subject to any deductions that may be made as per the Contract, the Contractor shall be entitled to receive the contract price in the following manner as per the agreed rates. Payments shall be made for the executed scope of work as per contract only after (i) Execution of the Contract Agreement by both parties and (ii) Submission of Contract Performance Bank Guarantee as per Clause No. 7.0 above. Payment to the Contractor shall be made on monthly basis duly measured and certified by the engineer-in-charge, checked and passed for payment. The contractor shall be paid 93% with full GST (100%) of Monthly admissible billed amount after deductions of LD, if any and all other Statutory Deductions viz. Income Tax, Workmen's Compensation etc. if any, shall be made from Contractor Bills as per Rules/Regulations/Acts in force. GST TDS, if any will be deducted from the date of notification at applicable rate, Price adjustment due to variation in Price indices as per Appendix 4 of Form of Contract Agreement (FOCA) shall be paid to the Contractor as certified by Engineer-in-charge. 7% payment (towards retention amount) shall be paid to the contractor along with final bill against final satisfactory completion certificate issued by the employer and submission of the following documents. No interest will be payable on the retention amount. a) Statement of quantities executed against the time schedule, b) Statement for reconciliation of all the payments and recoveries made in the RA bills. ©) Copies of deviations statement and order of extension of time, if granted d) Final certification regarding payment of ES EPF/ EPS & any other statutory labour payment. e) Recovery statement, if any f) Royalty clearance certificate, if any Taxes and duties shall be released along with pro-rata payments on submission of requisite documents, For further details, refer Appendix-3 to Form of Contract Agreement (FoCA) giver Tender document. the Liquidated Damages (LD):NMDC Limited Contn. Sheet waaadteht fates @& andl afte 11.0 12.0 13.0 14.0 15.0 Liquidated Damages shall be as per clause no. 58 of General Conditions of Contract (GCC). Conciliation and Arbit Conciliation and Arbitration shall be as per Clause No. 47 of General Conditions of Contract (6CC). GUARANTEE/WARRANTY: There will be no Guarantee/Defect Liability Period for this contract after completion of the work, SPECIAL CONDITIONS: The contractor shall, at his own expense, supply and provide all the construction plant, materials both for temporary and permanent works, labour (including supervision thereof), transport to or from the site and in and about the works and other things of every kind including water and electricity required for the constructions, completion and maintenance of the works, For details regarding other special conditions, refer Special Conditions of Contract (SCC) of tender document. Executing Authority: Project Manager / General Manager, NMDC Limited, Diamond Mining Project, P.O: Majhgawan Township — 488 001 Dist: Panna, Madhya Pradesh Ph: 9490760048 You are requested to contact him for taking further instructions with regard to the ‘execution of the work. Paying Authority: Head of Finance Department, NMDC Limited,NMDC Limited Contn. Sheet Trend fates @ waret site Diamond Mining Project, Panna 16.0 You shall comply with the provisions of any statute, ordinance or law made under any Act of Parliament, State laws or any regulation or bye-laws of any local authority relating to the works and keep the Corporation / Owner / Employer indemnified against all penalties and liabilities of every kind for breach of any such statute, ordinance, law, tule, regulations, bye-laws ete. 17.0 You shall obtain all statutory licenses from the appropriate authorities (including labour license from the Assistant Labour Commissioner for engaging labour on the work) before commencement of the work. 18.0 All other terms and conditions shall be as per Tender Document read with clarifications/discussions/correspondences under reference. However, if it is found later that any of the terms and conditions mentioned in this Letter of Award of Contract are not in line with the terms and conditions mentioned in the relevant tender document read along with the correspondences under reference, the latter would prevail over the Letter of Award of Contract. 19.0 This ‘Letter of Award of Contract’ (LAC) is being issued to you in two originals. Kindly return one original LAC duly signed & stamped by you on all pages as a token of acknowledgement of receipt of this LAC within a week. Thanking You Yours faithfully, eee aeseen o (B. Mohan Kumar) Os ns Executive Director (Works) Enel: Annexure-A- ‘Price Schedule’-as above Copy to: 1) Project Manager/General Manager, DMP, Panna - by Email / NMDC Courier (Note: This work is awarded to the Contractor M/s Fortune Stones Limited, Chhatarpur at a tender premium of (+) 5.07%. As per Remarks under Evaluation & Award ofNMDC Limited Contn, Sheet wreath fates @ ret afte Work against section (C) of DOP dated 01.07.2023, additional expenditure on account of tender premium shall be regularized before the actual expenditure breaches the budget sanction. User department shall process for necessary approvals for additional budget sanction). 2) Head of Finance, DMP, Panna 3) ED (PC &S) 4) GM(Finance), HO Hyderabad 5) HOD (Vigilance) -for kind information CC to: 1) SOT to Director (Production) - for kind information to Director (Production) 2) SOT to Director (Technical) — for kind information to Director (Technical)Annexure-Al PRICE SCHEDULE Name of work: Excavation of 8.85 Lakh Cu. Wir of Overburden / waste Soil soft rock and hard rock ofall classifications from Diamond Mining Project, Majhgawan, Panna - 488 001 (MP) LAC No. HO(Coniracts/DMP/Overburden/2022/910/172/264 dated 16.02..2024 Rate per SI. No. Name of Work Unit Quantity | Cubic Meter} Amount (Rs.) Rs.) |'Excavation of Overburden/waste |sollsoft rock and hard rock of all classification, from Majhgawan Diamond Mine, Panna as indicated in the plan lattached with the tender documents. The| lwork is inclusive of Driling, Loading and lunloading, Transportation, Dozing, \Water sprinkling and other incidental works as defined in the Technical Cubic Meter | 885000.00 | 325.00 | 287625000.00 specifications. 2 |eoods and Service Tax @ 18% on (1) 51772500.00 $ |erand Total for Removal of 8.85 lakh cubic meter of OBWaste (1 +2) 339397500.00 Notes |The above price shall cover all the scope of work as detailed in Form of Contract Agreement, Preamble to 1 |Price schedule and other terms & conditions given in the tender document and is inclusive of all duties & taxes and GST. 2 _ |For Payment Terms — refer Appendix 3 of Form of Contract Agreement (FOCA) Price Adjustment due to change in Labour indices shall be paid from second year onwards as per |Appendix 4 of Form of Contract Agreement (FOCA) x’ SS: x | Were we \a ae Page 1 of 1