Section 7(1) in Gujarat Minor Mineral Concession Rules, 2017
(1)First Round of Auction. - The first round of auction shall be held in the following manner:-(a)the bidders shall submit -(i)a technical bid comprising amongst others, documentary evidence to confirm eligibility to participate in the auction, bid security and such other documents and payments as may be specified in the tender document; and(ii)an initial premium offer which shall be a percentage of the value of mineral despatched and shall not be lower than the base premium. Notwithstanding anything to the contrary contained in this sub-rule (1), the bidders submitting an initial premium offer less than the base premium shall stand disqualified ab-initio from the bidding process and such bidders shall not be considered as technically qualified bidders. The initial premium offer submitted by such bidders shall also not be valid.(b)Subject to clause (a) above, the bidders who are found to be eligible in accordance with sub-rule (1) of rule 4 and the terms and conditions of the tender document shall be referred to as the "technically qualified bidders".(c)The technically qualified bidders shall be ranked on the basis of the descending initial premium offer submitted by them and technically qualified bidders holding the first fifty per cent of the ranks (with any fraction rounded off to higher integer) or the top five technically qualified bidders, whichever is higher, shall qualify as qualified bidders for participating in the second round of electronic auction:Provided that if the number of technically qualified bidders is between three and five, then all the technically qualified bidders shall be considered as qualified bidders:Provided further that in the event of identical initial premium offers being submitted by two or more technically qualified bidders, all such technically qualified bidders shall be assigned the same rank for the purposes of determination of qualified bidders and in such case, the qualified bidders shall be determined in accordance with the following:(i)the total number of ranks shall be divided in half (rounded off to the higher integer), and the technically qualified bidders holding the top half of the ranks, shall be considered to be qualified bidders; or(ii)if sub-clause (i) results in the number of qualified bidders being less than five, then one or more additional rank(s) in the bottom half shall also be considered, until such additional rank where the number of qualified bidders is not less than five.It is clarified that, if more than one technically qualified bidder holds such additional ranks (on account of their initial premium offer being identical), then all such technically qualified bidders shall be considered to be qualified bidders.Illustration:Case A:In the event there are a total of ten technically qualified bidders -TQB1-TQB10 and each technically qualified bidder submits a different initial premium offer and they are ranked on the basis of the descending initial premium offer submitted by them in the following manner, TQB1, TQB2, TQB3, TQB4, TQB5, TQB6, TQB7, TQB8, TQB9 and TQB10,then the technically qualified bidders holding the first fifty per cent of ranks i.e. TQB1-TQB5 shall be considered to be qualified bidders.Case B:However, if the initial premium offer of the following technically qualified bidder is identical:(I)TQB1 and TQB2;(II)TQB4 and TQB5; and(III)TQB7, TQB8 and TQB9,then pursuant to sub-clause (i) of second proviso to clause (c), the technically qualified bidders holding one of half of total of six ranks being ranks 1, 2 and 3 i.e. TQB 1 and TQB2; TQB3; and TQB 4 and TQB5 shall be qualified bidders. As such number of qualified bidders is equal to five, sub-clause (ii) of second proviso to clause (c) shall not apply.Case C:However, if the initial premium offer of the following technically qualified bidder is identical:(I)TQB 5; TQB6 and TQB7;(II)TQB8; TQB9, and TQB10,then pursuant to sub-clause (i) of second proviso to clause (c), the total number of ranks shall be six, however the technically qualified bidders holding the top three ranks shall be less than five i.e. TQB1, and TQB2, TQB3.In such case if one additional rank is considered then the technically qualified bidder holding rank 4 i.e. TQB4 shall be included, however the total number of qualified bidders shall still be less than five. Accordingly, rank 5 would also be considered and the final list of qualified bidders shall be - TQB1, TQB2, TQB3, TQB4, TQB5, TQB6, TQB7 i.e. a total of seven.(d)The auction process shall be annulled in situations where the total number of technically qualified bidders or qualified bidders are less than three:Provided that the Government may, in its discretion, decide not to annul the auction process if in the third or subsequent attempt, the total number of technically qualified bidders or qualified bidders continues to be less than three. The Government may, in such case, decide to consider the technically qualified bidders as qualified bidders or to consider the existing qualified bidders, so as to continue with the bidding process.
