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Covering Letter

Name of work “Notice inviting Expression of Interest for Sale of Fly Ash from NTPC Dadri, Plant Silo”.

1.NTPC Dadri invites applications from eligible Bidders for sale of Fly Ash, as per the instructions, terms & conditions mentioned hereinafter:

2.Brief Details

a)Specification No. : NCPS/ASH-SALE/ST/DADRI/15-16

b)Application Fees: NIL

c)Bid Security : Rs. 28,000.00

d)Source of EOI: NTPC DADRI

e)Contract Period : 03 Months

f)Minimum application Quantity : 3000 MT

g)Maximum application quantity : 1,00,000 MT

h)Application Classification: Sale of Fly Ash from Plant Silo

i)Sale of Application Documents : From 01.05.2015 to 07.05.2015

j)Last date for clarifications : 08.05.2015

k)Last Date and Time for Application submission: 11.05.2015 before 10:30:00 hrs, which shall be opened on same day at 11:00:00 Hrs.

l)Price of Fly ash for the contract period : Rs. 461.92 per MT (Firm Price Basis)

The Application Documents consists of attachments as mentioned in table of contents.

3.The above information supersedes any other information related to application opening date, EMD any other documents of Application.

Note: CPG will be accepted only in form of Demand Draft/RTGS.

Regards,

For & On Behalf of NTPC Ltd.

Ankush Goyal

Dy. Mgr. (Contracts)

E-mail : ankushgoyal@ntpc.co.in

*********************************END*********************************

Notice

INVITATION OF REQUEST FOR SALE OF DRY FLY ASH

FROM NTPC – DADRI ON PRICE

1.This is for information to all that fly ash from the silos is already being sold to various parties from NTPC – Dadri. The Parties, who have requirement of fly ash for utilization in cement, construction or any other ash based products/industry, interested in Dry Fly ash are here by informed that about 100000 MT of dry fly ash on “as available basis” is available for allocation @ Rs. 461.92 per MT for three months.

2.Minimum application quantity is 3000 MT of Fly Ash.

3.Bid security for the application is Rs. 28,000.00

4.In case, the cumulative quantity requested by all participating bidders for allocation is more than 100000 MT, the allocation shall be made on pro-rata basis.

5.Fly ash shall be supplied against the payment of CPG (Contract Performance Guarantee) equivalent to 5% of the contract value and advance payments towards cost of monthly allocated quantity of Fly Ash. In addition, taxes & duties as applicable shall be payable extra by the buyers.

6.Parties are required to off-take minimum 80% of the allocated quantity. In case off-take falls below 80% compensation @Rs.50/- per MT will be charged on the shortfall quantity.

7.In addition to above, parties will be required to submit an undertaking to utilize the fly ash in Cement, Construction or any other Ash Based Product/ Industry (refer Annexure-III).

8.All possible measures would have to be taken by the buyer to avoid pollution to the satisfaction of the plant officials. Similarly, while transporting, no spillage of fly ash would be permitted to avoid air pollution. If the process adopted by the Buyer is found deficient, NTPC Dadri shall have right to stop the supply of Fly Ash.

9.Application and its related documents can be downloaded from NTPC tender website (http://ntpctender.com) or can be obtained by submitting a request letter to AGM (C&M) NTPC Dadri.

10.NTPC reserve the right to foreclose the contract at any time by giving 7 days notice without assigning any reasons and no compensation will be payable in this case.

For further details users may contact undersigned.

Signed by & on Behalf of NTPC Dadri

Ankush Goyal

Dy. Manager (CS)

	Table of Contents
INVITATION FOR APPLICATIONS		Page No.
1.	Introduction .....................................................................................................		6
2.	Scope of Supply: .............................................................................................		6
3.	Application Document ....................................................................................		6
4.	Downloading of Application Documents ......................................................		7
5.	Bid Security.....................................................................................................		7
6.	Deadline for submission of Applications......................................................		7
7.	Address for issue of Application document, communication and		............7
	Application Submission
8.	Websites: - .......................................................................................................		7
	DEFINITIONS
9.	Definitions ………………………………………………………..…………………8
	INSTRUCTION TO APPLICANTS
10.	Introduction .....................................................................................................		9
11.	Scope of Supply ..............................................................................................		9
12.	The Application Documents...........................................................................		9
13.	Validity of Applications...................................................................................		9
14.	Bid Security......................................................................................................		9
15.	Submission of Applications .........................................................................		10

16.Signature of Applications……………………………………………………….10

17.	Late Applications ..........................................................................................	11
18.	Modification and Withdrawal of Applications ............................................	11
19.	Opening of Applications...............................................................................	11

20.Supplier’s Right to accept any Application or to reject any or all

	Applications ...................................................................................................	11
21.	Supplier’s Right to Vary quantities at the Time . .......................................	11
	of allocation/Supply
22.	Contract Performance Guarantee (CPG).....................................................	11
23.	Understanding and Clarification of Application Documents. ...................	12
24.	Award for supply of Fly Ash.........................................................................	12
25.	Application for Quantity Allocation .............................................................	12
26.	Uniform Application quantity over the allocation period ..........................	12
27.	Check List ......................................................................................................	12
28.	Deviation .......................................................................................................	12
	GENERAL CONDITIONS OF SUPPLY
29.	Acquaintances of local conditions;..............................................................	13

30.Language of the Contract ……………….……………………………………..13

31.Confidentiality …………………………………..………………………………..13

32.	Examination of Applications and Determination of Responsiveness	......13
33.	Correction of Arithmetical errors.................................................................	13

34.Settlement of disputes …………….…………………………………..………..13

35.Arbitration …………………..………………………………………….…………14

36.Force Majeure …………………………………………...………………..………14

37. Insurance & Buyer’s Liability

.......................................................................15

38.	Suspension of the supply.............................................................................	15
39.	Indemnity for defense of Suits.....................................................................	15
40.	Recovery of Sums Due .................................................................................	15
41.	Safety Requirements.....................................................................................	15
42.	Disorderly Conduct .......................................................................................	15

43.Jurisdiction of Court ………………...……………………………...........………16

SPECIAL CONDITIONS OF SUPPLY

44.	Source of Fly Ash	..........................................................................................17
45.	Scope of Supply ............................................................................................	17

46.Working Hours…………………………………………………………………….17

47.	Delivery Point ................................................................................................	17
48.	Quality of fly ash ...........................................................................................	17

49.Pricing ...............................………………………………………………............17

50.Award Criteria…………… ……………………..………………..……………….17

51.Award Price ……………………………………………...………………………..17

52.Payment terms & Bank Charges ……….........……………………………….17

53.Commencement of first off take …………….........…………………….…….18

54.	Weighment for invoicing: .............................................................................	18
55.	Compensation against short fall during regular off take: ..........................	18
56.	Termination of contract ................................................................................	18
57.	Shortfall in supply by Supplier ....................................................................	18
58.	Taxes, Duties, Levies etc..............................................................................	19

59.Delivery………………………………………………………………………….… 19

60.Responsibility During Transportation ……………………………….............19

61. Billing .............................................................................................................	19
ANNEXURES
Annexure - I NO DEVIATION CERTIFICATE.............................................................................	20
Annexure - II CHECKLIST FOR SUBMISSION ALONG WITH DOCUMENTS…...…….........21

Annexure - III UNDERTAKING FOR USAGE OF FLY ASH ……………… ………………………..22 Annexure - IV LETTER OF UNDERTAKING……………………………………………………………23 Annexure - V MODEL AWARD LETTER FOR SUPPLY OF FLY ASH FROM NTPC DADRI……24 Annexure - VI APPLICATION FOR QUANTITY ALLOCATION………………………………………28

NTPC LIMITED

National Capital Power Station - Dadri

INVITATION OF APPLICATION FOR SALE OF FLY ASH FROM

NATIONAL CAPITAL THERMAL POWER STATION - DADRI

Tender No: NTPC/ASH-SALE/ST/DADRI/15-16

Date: 26.04.2015

1.Introduction

NTPC LIMITED intends to promote utilization of fly ash as resource material. To facilitate this, NTPC wishes to sale fly ash for a period of 03 (three) months. NTPC thus invites Applications from eligible and interested buyers for Sale of Fly Ash from the NATIONAL CAPITAL THERMAL POWER STATION - DADRI (henceforth referred to as NTPC Dadri):

2.Scope of Supply:

The fly ash shall be supplied to the interested buyers from the designated delivery point(s) i.e. ash Silo chute of the thermal power station. The buyer(s) shall make arrangements for taking delivery in their own bulkers or closed trucks only. The quantities available for supply from NTPC Dadri is brought out as under:

Power Station-NTPC Dadri/ Vidyut	Quantity	Fly Ash quality to be	Period of
Nagar Distt G B Nagar	available	supplied	Supply

Vidyut Nagar, Dist Gautam Budh 1,00,000 MT	On “as available”	03
Nagar,(UP)-201008	basis	months

3.Application Document

Detailed conditions and scope of work are given in the Application documents, which can be downloaded from NTPC tender website (http://ntpctender.com) or can be obtain by submitting a request letter to AGM (C&M) NTPC Dadri as per the following schedule;

Application Document No.	: NTPC/ASH-SALE/ST/DADRI/15-16
Cost of Application Document	: Nil

Period of supply	: 03 Months
Issue of Application Documents	: From 01.05.2015 to 07.05.2015

Time of Issue	: 10:00 AM to 5.00 PM (on all working days)
Last date for queries/clarifications	: 08.05.2015
Submission of Applications	: Up to 10.30 Hrs on 11.05.2015
Application Opening Date & Time	: 11.00 Hrs on 11.05.2015

Bid Security	: Rs. 28,000.00
Bid Security

Minimum Application Quantity	: 3000 MT*
Minimum Application Quantity

Maximum Application Quantity	: 1,00,000 MT**
Maximum Application Quantity

* Applicants to quote minimum 3000 MT of dry Fly Ash. Applications for less than 3000 MT Fly Ash will no be accepted.

** Applicants can quote a maximum of 1,00,000 MT of Fly Ash

Note: The allocated quantity shall be on pro-rata basis, if total cumulative quantity requested by all participating bidders for allocation is more than 1,00,000 MT, which may be less than 3000 MT

4.Downloading of Application Documents

Application and its related documents can be downloaded from NTPC tender website (http://ntpctender.com) or can be obtain by submitting a request letter to AGM (C&M) NTPC Dadri.

5.Bid Security

a)All Bids must be accompanied by requisite amount of Bid Security as per para 3 above in the form of Crossed Demand Draft/Bankers Cheque in favour of “NTPC Limited”, payable at Vidyut nagar/ Ghaziabad/ Noida.

b)Bids not accompanied by requisite Bid Security, in a separate sealed envelope or bids accompanied by Bid Security of inadequate value or not in acceptable form shall not be entertained and in such cases bids shall be returned to the bidders without being opened.

6.Deadline for submission of Applications

a)Applications will be received and opened by the supplier at the address specified in para 7 below as per time schedule indicated at para 3 above respectively.

b)The Applicant has the option of sending the Application by registered post / speed post or by submitting the Application in person, so as to reach by the date and time indicated in para 3 above.

c) Applications submitted by fax/telex/telegram will not be accepted under any circumstances whatsoever.

d)In case the date of Application opening happens to fall on a holiday, the next working day will be the date of Application opening.

e)NTPC reserves the right to reject any/all Application(s) which is/are not submitted according to the Application instructions.

7.Address for issue of Application document, communication and Application submission:

AGM(C&M), Contract Services,

Ground floor, Room No. 2, Administrative Building, NTPC-Dadri, P.O.:- Vidyut Nagar,

Distt. - Gautam Budh Nagar (UP) Pin: - 201008

Contact:

1) S.Govindarajan, AGM(C&M),

Phone No.:- 0120-2805842, 5842 (Intercom) sgovindarajan@ntpc.co.in

(2) Mukesh Garg, Sr Manager (CS)

Phone : 01202805809, mukeshkumar@ntpc.co.in

(3) Ankush Goyal, Dy. Manager (CS)

01202805859, ankushgoyal@ntpc.co.in

8.Websites: -

For referring to Invitation for Applications, Application documents and downloading of the same following websites may be referred to: -

www.ntpctender.com

DEFINITIONS

9In this contract, following terms shall be interpreted as:

9.1“The Contract” shall mean the issuance of award letter which will constitute the formation of the Contract.

9.2“The Contract Value” means the consideration payable to the suppliers under the Contract for the full and proper performance of its contractual obligations.

9.3“Day” means calendar day.

9.4“Effective Date” means the date on which this Contract becomes effective (i.e. issue date of LOA).

9.5“GCS” mean General Conditions of Supply contained in this document.

9.6“SCS” means Special Conditions of Supply contained in this document.

9.7“The Buyer” which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and permitted assigns.

9.8“Supplier” (i.e. NTPC - Dadri) which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and permitted assigns.

9.9Awarded Quantity/ Contract Quantity/ Allocated Quantity - is the quantity of fly ash as finalized by NTPC for award during the contract period and shall be expressed in Metric Tonne (MT).

9.10“Arbitration Act” means the Indian Arbitration and Conciliation Act, 1996, as amended and modified from time to time, including any re-enactment thereof.

9.11Metric Tonne (MT) means 1000 Kilograms.

9.12“Contract Term/Period” means duration of the contract together with any extension period.

9.13“Delivery Point means the chutes of the designated fly ash silos.

9.14Dispute/Dispute Notice Refer clause 34 of Application documents.

9.15“Engineer in charge” means the officer appointed in writing by NTPC to act as an engineer from time to time.

9.16“First Off take” means the date of first off take of fly ash, by the buyer at Delivery Point in accordance with this Agreement.

9.17“Force Majeure” shall have the meaning ascribed to it under clause 36 of Application documents.

9.18“Governmental Instrumentality” means any central/state ministry, agency, inspectorate, department, authority, commission or any regional or municipal authority thereof, which exercises any sovereign/state function in India or otherwise in relation to the performance of this Agreement by either Party including any licensing authority.

9.19“Law(s)” means applicable laws, rules, regulations, judgments, decrees, or other legislative measures having the force of law or issued by any government agency, instrumentality, body or legislature, National, State or local authority or a court of competent Jurisdiction.

INSTRUCTIONS TO APPLICANT

10.Introduction

NTPC Dadri having office at ADM Building, Ground Floor, Distt. Gautam Budh Nagar, (UP), India, Pin-201008 (hereinafter called “Supplier”) is inviting Applications for Supply of fly ash from of NTPC DADRI THERMAL POWER STATION mentioned in the invitation for Application.

11.Scope of Supply

a)NTPC invites applications as specified in the Application document for the Supply of fly ash to the domestic users from the designated delivery points in the buyer’s bulkers/closed trucks only on as is where is basis.

b)The scope of Applicant under this notice is to take delivery of fly ash from the designated delivery point (Ash Silo chute) of the Station, as detailed in the Application document, in their bulkers/closed trucks only.

c)Total quantity of fly ash in MT from the Station is available tentatively for the period of 03 months as per details given hereunder -.

Power Station-NTPC Dadri/	Quantity	Fly Ash quality to	Period of Supply
Vidyut Nagar Distt G B	available	be supplied
Nagar
Vidyut Nagar, Distt. Gautam	1,00,000 MT	On “as available”	03 months
Budh Nagar,(UP)		basis

12.The Application Documents

The Application Documents shall comprise of following:

•Invitation of Applications

•Instructions to Applicants

•General Conditions of Supply

•Special Conditions of Supply

•Application for Quantity Allocation

•Sample forms

13.Validity of Applications

The Applicant shall keep their application valid for a minimum period of thirty (30) days from the date set as last date to receive application.

14.Bid Security

a.)	Bid is to be submitted with bid security in a separate sealed envelope along with
	envelop of Application for Quantity Allocation stated at Annexure VI.
b.)	The value of the Bid Security is as mentioned in Invitation for Bid at Para 3.
c.)	The Bid Security offered shall be in the form of Crossed Demand Draft/Bankers
	Cheque in favor of NTPC Limited, payable at Vidyut Nagar/Ghaziabad/Noida.
d.)	Bids not accompanied by requisite Bid Security in a separate sealed envelope or bids
	accompanied by Bid Security of inadequate value or not in acceptable form shall not be
	entertained and in such cases bids shall be returned to the bidders without being
	opened.
e.)	Bid security of unsuccessful bidders shall be returned as promptly as possible, but not
	later than 60 days after the expiration of the bid validity period.
f.)	Bid Security of successful Bidder (s) shall be returned only after submission of requisite
	amount of Contract Performance Guarantee (CPG).
	9

g.)	The Bid Security shall remain valid for a period of 30 days beyond the validity period of
	the bid. However, in exceptional circumstances, the Supplier may solicit the bidder’s
	consent to an extension of bid validity period along with the extension of bid security.

15.Submission of Applications

a)Application along with documents can be downloaded from NTPC tender website (http://ntpctender.com) or can be obtain by submitting a request letter to AGM (C&M) NTPC Dadri.

b)The application shall be submitted in two sealed envelopes. The first envelope (super-scribed Bid Security & LOU) should contain the Ernest Money (EMD)/Bid Security, Letter of undertaking (Annexure-IV), No Deviation Certificate (Annexure-I), & Undertaking for usage of Fly ash (Annexure-IV) and the second envelope (super- scribed Application for Quantity allocation) should contain the Application for Quantity allocation (Annexure-VI) along with all other bid documents issued with the application.

c)The above envelopes con be put in one main cover/envelope with the superscription on top of envelope that inside there are two separate sealed envelopes, one for EMD and the other for Application for Quantity allocation alongwith all other application documents.

d)The envelope containing EMD, LOU, No Deviation Certificate will be opened first and if these are found acceptable, the second envelope shall be opened.

e)Bids not accompanied with requisite EMD of inadequate value or EMD in unacceptable form in a separate sealed cover shall not be entertained and in such cases bids shall be rejected by the owner as being non-responsive and returned to the applicants without being opened.

f)In case the date of tender/ Application opening happens to fall on holiday, the next working day will be the date of tender/ Application opening, and no other intimation in this regard will be given.

g)The Supplier reserves the right to reject any/all Application(s) which is/are not submitted according to the aforesaid instructions.

16	Signature of Applications

a.The Application must contain the full name, complete address of residence and place of business of the person or persons making the Application and shall be sealed by the Applicant with his usual signature. The names of all persons signing should also be typed or printed below the signature.

b.Application by a partnership Firm must be furnished with full names of all partners and their full residential addresses and be signed with the partnership name, followed by the signature(s) names(s) and designation(s) of the authorized partner(s) or other authorized representative(s).

c.Application by Corporation/Company (both public & private) must be signed with the legal name of the Corporation/Company by the President, Chief Executive Officer, Managing Director or by the Secretary or other person or persons authorized to Application on behalf of such Corporation/Company in the matter.

d.A proposal by the person who affixes to his signature the word ‘President’, ‘CEO’, ‘Managing Director’ or ‘Secretary’, ‘Agent’ or other designation without disclosing his principal will be rejected forthwith.

e.Satisfactory evidence of authority of the person signing on behalf of the Applicant shall be furnished along with the Application.

f.The Applicant’s name stated on the proposal shall be the exact legal name of the person/firm/company.

g.The person or persons signing the Applications shall initial any interlineations, overwriting to correct errors, erasures or other changes in the Application documents.

h.In case of partnership firm, the authenticated photocopy of the partnership Deed, Registration certificate of Firm and the specimen signatures of all the partners of the

Firm duly attested by their Bankers must be sent along with the proposal.

i. In case of public or private Companies, the up to date amended and Certified True Copy of the Memorandum & Article of association of the Company, certificate of Incorporation, Certification of commencement of business (in case of public Limited Companies only) and the Board resolution thereby authorizing to submit Application/proposal, negotiate and finalize terms and conditions and sign and execute the contract, agreement, bonds and other security documents for and on behalf of the company. In addition to the above the specimen signature of a Director/Secretary or other persons duly attested by the Banker must be accompanied with the proposal.

j. Proposal not conforming to the above requirements may be disqualified and rejected forthwith.

17.Late Applications

Any Application received by the Supplier after the deadline for submission of Applications prescribed by the Supplier at Para 3 of INVITATION FOR APPLICATIONS will be rejected and returned unopened to the Applicant. The Supplier will also not be responsible for late receipt of Applications because of postal delay or other reasons.

18.Modification and Withdrawal of Applications

No Application may be modified / withdrawn in the interval between the Application submission deadline and the expiration of the Application validity period. Modification/withdrawal of Application during the interval may result in the rejection of application.

19	Opening of Applications
a.	Application Opening
	The Supplier will open all Applications, in the presence of Applicants representatives
	who choose to attend, at the time, on the date, and at the place specified in the
	Application Document.
b.	Application opening Date & Time, is as mentioned at Para 3 in the Invitation for
	Application or as amended and informed to Applicants from time to time in writing as
	well as on website.

20Supplier’s Right to accept any Application or to reject any or all Applications

Notwithstanding any thing mentioned above, the Supplier reserves the right to accept or reject any Application, either in full or in part or to annul the Application process and reject all Applications at any time prior to allocation of quantity, without assigning any reason thereof.

21Supplier’s Right to Vary quantities at the Time of allocation / supply.

The Supplier reserves the right at the time of allocation or during the period of supply to increase, decrease or delete the quantity of fly ash from that originally specified in the Application documents without assigning any reason.

22Contract Performance Guarantee (CPG)

a.Within Seven (07) days of the issue of award letter for allocation by the Supplier, successful Applicants shall submit the Contract Performance Guarantee for an amount equivalent to five (5) percent of value of allocated quantity in the form of RTGS / Demand Draft in favour of NTPC Limited

b.Failure of the successful Applicant to comply with the requirement of Submission of Contract Performance Guarantee within the prescribed time shall constitute sufficient grounds for the annulment of the allocation order and forfeiture of the bid Security. In that event no damages or compensations shall be payable to the buyer.

c.For commencement of supplies, submission of CPG is a precondition.

d.Contract Performance Guarantee (CPG) shall be released within 90 (Ninety) days after successful completion of contract in all respects.

23	Understanding and Clarification of Application Documents.

a.The Applicant is expected to carefully examine the Application documents and fully satisfy himself as to all the conditions and matters, which may in any way affect the work or the cost thereof. If any Applicant finds discrepancies or omissions in the Application documents or is in doubt as to the true intent or meaning of any part thereof, he shall at once request in writing or by e-mail to the Supplier for an interpretation/clarification of the Application documents. However, such request must reach the Supplier before 08.05.2015 otherwise; the request for clarification shall not be entertained. After receipt of such interpretation or clarifications, the Applicant shall submit his Application but within the time and date as specified in the invitation to Application. All such interpretation and clarification shall form a part of the Application documents.

b.Verbal clarifications and information given by Supplier or its employees or representatives shall not be in any way binding on the Supplier.

24	Award for supply of Fly Ash

a.The Supplier will issue Award letter (Model Award letter at Annexure V) of allocation for supply of Fly Ash in writing to the successful Applicants in duplicate. The successful Applicant shall return the duplicate copy of the award letter duly signed & stamped as token of their acknowledgement.

b.Supplier shall be the sole judge in this regard.

c.Applicant would be required to comply with all requirements of the notification of allocation without any extra cost to the Supplier, failing which his Application may be rejected.

25	Application for Quantity Allocation

a.Applicants are to quote their quantity requirement against the price mentioned in the Application for Quantity Allocation (Annexure VI).

26Uniform Application quantity over the allocation period

The quoted quantity requirement shall be considered uniform per month after commencement of first off take for the remaining supply period.

27Check List

a.The Applicants are requested to duly fill in the check list enclosed at Annexure II.

b.The checklist gives only certain important items, to facilitate the Applicant to make sure that necessary data/information is provided by him in this proposal. This however, does not relieve the Applicant of his responsibility to make sure that his proposal is otherwise complete in all respects.

28Deviation

Any deviation taken in the terms and conditions of the Application Document by Applicant at Annexure - I may render the Application non responsive.

GENERAL CONDITIONS OF SUPPLY

29 Acquaintances of local conditions;

It will be imperative for the Applicant to fully inform himself of all local conditions and factors, which shall have any effect on the execution of the work covered under these documents and specifications.

30 Language of the Contract

a.All applications shall be prepared in English Language by typing or printing with indelible black ink in the format given in the application quantity schedule attached in the application document and shall be signed by the Applicant or a person or persons duly authorized to bind the Applicant to the Contract. The letter of authorization shall be indicated by written Power of Attorney, which will be furnished along with the Application.

b.Any interlineations, erasures, or overwriting to correct errors made by the Applicant

should be initialed by the person or persons signing the Application.

31 Confidentiality

aInformation relating to the examination, clarification, evaluation, and comparison of Applications, and recommendations for allocation shall not be disclosed to Applicants

or any other person not officially concerned with such process.

bAny effort by the Applicant to influence the Supplier in the Supplier’s Application

evaluation, Application comparison, or allocation decisions may result in the rejection of the Applicant’s Application.

c.From the time of Application opening to the time of allocation, if any Applicant wishes

to contact the Supplier on any matter related to its Application, it should do so in writing.

32 Examination of Applications and Determination of Responsiveness

a.The Supplier will examine the Applications to determine whether they are complete, whether any computational errors have been made, whether the documents have been properly signed, and whether the Applications are generally in order.

b.The Supplier may waive any minor informality, nonconformity, or irregularity in a Application that does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any Applicant.

33	Correction of Arithmetical errors
a.	If there is a discrepancy between words and figures for the quantity / price / period of
	fly ash required as mentioned in Application Price Schedule, then the quantity / price
	/ period written in words shall prevail.
b.	If a Applicant does not accept the correction of errors, its Application will be rejected.
34	Settlement of Disputes

34.1Amicable Settlement

a.In the event of any dispute or claim of any kind whatsoever that may arise between the Parties as a result of construction, interpretation or application of any of the terms and conditions of this Agreement or performance of it (“Dispute”), either Party may by written notice inform the other Party of a Dispute (“Dispute Notice”).

b.The Parties shall within a period of 30 Days from the date of receipt of Dispute Notice by such other Party meet and endeavor to settle Dispute in an amicable manner through good faith and negotiations. In the event of the failure of the Parties to settle Dispute amicably within such 30-Days period, either Party may refer Dispute for resolution by arbitration, in accordance with the provisions mentioned hereunder.

35 Arbitration

a.In the event of any question, dispute or difference whatsoever arising under this contract or in connection there with including any question relating to existing meaning and interpretation of this contract or any alleged breach thereof, the same shall be referred to the sole arbitrator of Head of Project, NTPC and if the HOP is unwilling or unable to act., the sole arbitrator of some other person appointed by the Chairman & Managing Director of the NTPC Limited, New Delhi.. The arbitration shall be conducted in accordance with the Provisions of the Indian Arbitration Act. 1996.

b.There will be no objection that the arbitrator is a person who has dealt with the Matters to which the contract relates and/or in the course of his duties he has expressed any view on any matters in dispute or difference. The award of the Arbitrator shall be final and binding on the parties.

c.Not withstanding any dispute between the parties, the supplier shall not be entitled to with hold, delay or defer his obligation, under the contract and the same shall be carried out strictly in accordance with the terms and conditions of the contract.

d.In the event of dispute or difference arising between on Public Sector Enterprises and a Government Department the provision of BPE as per office Memorandum No. BPL//GII--((001//76)) MAN//2 ((110--75, BPE ((GML--1)) dated 1ST Jan. 1976 shall be applicable.

e.The arbitrator shall give his speaking or reasoned award with respect to the Disputes referred to him by either of the parties.

f.The cost incidental to the arbitration shall be at the discretion of the Arbitrate. The venue of Arbitration shall be New Delhi.

36.Force Majeure

a.“Force Majeure” shall mean any event beyond the reasonable control of the Supplier or of the Buyer, as the case may be, and which is unavoidable notwithstanding the reasonable care of the party affected. Force Majeure shall include but not be limited

to the following events and circumstances:

(i)Flood, cyclone, lightning, storm, tidal wave, hurricane tornado, earthquake, landslide, epidemic or other acts of God.

(ii)War (whether declared or not), riot, civil war, blockade, insurrection.

(iii)Illegal strike or illegal lockout; and

(iv)acts of Governmental Instrumentality having jurisdiction occurring after the date of this Agreement, including the issuance or promulgation of any court order, law, statute, ordinance, rule, regulation or directive, the effect of which would prevent, delay or make unlawful a Party’s performance herein; provided that executive acts of a Governmental Instrumentality in the capacity of a shareholder or Seller of either

Party shall not for the purpose of this Agreement be considered as a Force Majeure event.

b.If either party is prevented, hindered or delayed from or in performing any of its obligations under the Contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event.

c.The party who has given such notice shall be excused from the performance or punctual performance of its obligations under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such party’s performance is prevented, hindered or delayed. The Time for Completion shall be extended after mutual discussion.

d.The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect thereof upon its or their performance of the Contract and

to fulfill its or their obligations under the Contract, but without prejudice to Supplier’s right to terminate the Contract under Special Conditions of Contract Clause 56.

e.Delay or nonperformance by either party hereto caused by the occurrence of any event of Force Majeure shall not constitute a default or breach of the Contract.

f.If the performance of the Contract is substantially prevented, hindered or delayed for a continuous period of more than thirty (30) days or an aggregate period of more than ninety (90) days on account of one or more event of Force Majeure during the occurrence of the Contract, the parties will attempt to develop a mutually satisfactory solution, failing which the dispute shall be resolved in accordance with GCS Clause 35.

g.In the event of prohibition imposed by Govt. of India/Competent Authorities making impossible to perform the contract, may be termed as Force Majure and neither party shall be liable for compensations or damages due to non performance.

37	Insurance & Buyer’s Liability
a.	The Buyer shall be fully responsible for maintaining all the insurances as per
	law of land at its cost.

b.The Buyer shall at all times indemnify the seller against all losses, claims, damages or compensation arising out of any accident or injury to any person (whether in employment of buyer or not) or property in or about the plant including the Silo area (inside/outside the plant) which may arise out due to buyers act/negligence while carrying out the contract.

38	Suspension of the supply
a.	The Supplier reserves the right to suspend and reinstate execution of the whole or
	any part of the supply.
b.	The Supplier shall not be responsible for any liabilities for suspension of issue of fly
	ash or issue of reduced quantity of Fly Ash for any reason whatsoever.

39 Indemnity for defense of Suits

If any action in court is brought by third party against the Supplier or an officer or agent of the Supplier for the failure or neglect on the part of the buyer to perform any acts, matters, covenants or things under the Contract, or for damage or injury caused by the alleged omission or negligence on the part of the buyer, his agents, representatives or his Sub-contractors, workmen, suppliers, or representatives employees the buyer shall in such cases indemnify and keep the Supplier and NTPC and/or its representative harmless from all losses damages, claims, expenses or decrees arising out of such action.

40Recovery of Sums Due

Whenever any claim for the payment of the sum of money arises against the buyer, the Supplier shall be entitled to recover such sum by appropriating in whole or in part, from advance deposited against fly ash and /or the Contract Performance Guarantee deposited by the buyer.

41Safety Requirements

The buyer shall ensure safety and security of all its personnel, working at different places in connection with this supply and shall be fully responsible for the same. All safety tools and tackles required like helmets, goggles, gas masks, respiratory masks, gumboots, shoes, safety belts wherever required will be provided by the buyer. The buyer shall also ensure safety and security of all NTPC and Supplier’s delivery personnel at delivery site.

42Disorderly Conduct

The buyer shall at all times take all reasonable precautions to prevent any unlawful, notorious or disorderly conduct by or amongst the buyer’s staff and labour and for

SPECIAL CONDITIONS OF SUPPLY

44 Source of Fly Ash

a.Source of fly ash of the station and its respective location details are given in Clause 11.c of ‘Instructions to Applicant’.

b.NCTPS Dadri is having state of art coal mills and pulverized coal fired boiler. The fly ash generated from boiler is collected at its highly efficient electro static precipitators (ESP). The dry ash accumulated at ESP hoppers are evacuated through its dry ash extraction and collection systems in silos situated inside the plant periphery.

45 Scope of Supply

a.Supplier (i.e. NTPC) would be in a position to make available allocated quantity subject

to availability, Force Majeure conditions and outage of thermal units of NCPS Dadri.

b.NTPCThe supplier reserves the right to supply the quantity not lifted by the buyers to any other party at the sole discretion of the supplier.

c.Quantity: - 1,00,000 MT

d.Period: - 03 (Three) months

46Working Hours

Delivery of fly ash is intended to be given round the clock on all days excluding national holidays.

47Delivery Point

c.NTPC would deliver fly ash from the discharge chute of designated ash Silo of the plant.

a.Fly ash shall be considered to have been delivered as it passes into the buyer’s closed vehicle at the loading point of NTPC- Dadri.

48 Quality of fly ash

NTPC would deliver dry fly ash at designated delivery point(s) i.e. Silo Chute on “as available basis”.

49 Pricing

a)Price for the Fly ash is Fixed @ Rs. 461.92 per MT.

b)All statutory duties / taxes / levies shall be charged extra.

50Award Criteria

The party shall be awarded the quantity as quoted at price as mentioned in application for quantity allocation. If cumulative quoted quantity by all participating bidders is more than 1,00,000 MT quantity, party shall be allocated the quantity on pro-rata basis.

51Award price:

Price as mentioned in application for quantity allocation shall be the award price for three (03) months i.e. from date of award till the end of contract.

52 Payment Terms & Bank Charges:

a.Delivery shall be made against advance payment in the form of Demand Draft/ RTGS/ Bank Transfer in favour of “NTPC Limited A/c - Ash Utilization” payable at New Delhi. The amount of advance shall be equivalent to value of one month of off-take quantity. Advance shall be adjusted against delivery on daily basis (as mentioned at clause 15 of Annexure-VI)

b.Buyer will be required to deposit the advance payment by 20th of every month for the

deliveries of the next month. However for the first month of contract advance shall be deposited within seven (07) days of the issue of award letter for allocation by the supplier.

c.All bank charges shall be borne by the buyer.

53 Commencement of first off take:

Commencement of first off take for Applicants of fly ash should not exceed beyond one month from the date of issue of award letter unless specifically agreed by the Supplier.

54Weighment for invoicing:

Fly ash shall be issued based on actual weighing. Weight so recorded shall be considered final.

55Compensation against shortfall during regular off take:

a.After commencement of first off take, buyer will be required to lift fly ash on regular basis in accordance with agreed quantity as per contracted schedule. The buyer shall have to lift at least 80% of allocated quantity. In case if the actual lifting of fly ash quantity goes below 80% of awarded/adjusted quantity in consecutive three months on cummultive basis, compensation @ Rs.50/MT will be charged on the shortfall quantity (80% of allocated quantity – Actual quantity lifted).

b.Supplier will communicate the compensation amount after completion of contract period and the compensation amount will be adjusted from the CPG/Advance available.

56Termination of Contract:

The Supplier reserves the right to terminate the contract in the event of breach of contract by the buyer giving seven days notice in writing of their intentions to do so and in such an event the buyer shall not be entitled to any compensation from the Supplier. In the event of termination of contract for any reasons of breach of contract, Contract Performance Guarantee (CPG) is also liable to be forfeited.

56.1Following will constitute breach of contract:

56.1.1Delay in first off-take by Buyer from committed date by more than one months.

56.1.2Buyer is not complying with operational and safety requirements and neglecting instructions of Engineer-In-Charge.

56.1.3Buyer has failed to discharge his obligations according to the terms & conditions of contract.

In case of termination of contract, Clause No. 55 related to compensation as stated

above, for the contract period in which termination takes place, would not be applicable.

57 Shortfall in supply by Supplier:

a.Fly Ash is a product of coal combustion, which again is subject to the demand of electricity in the areas allocated by the regulatory authorities. Scheduled and unscheduled shutdowns also affect generation of electricity and thus generation of Fly Ash. Though all efforts will be made to maintain contracted quantity of Fly ash available, Supplier does not guarantee availability of Fly Ash as per contracted quantity regularly and supplier will not be liable for any compensation or damages for non delivery of required quantity of the fly ash.

b.In case Supplier is unable to provide average monthly contracted quantity of fly ash due to any reasons including forced outages of the plant, congestions etc. supplier in respect of each buyer shall accordingly adjust the monthly contracted quantity

downward. Under such circumstances the determination of compensation referred at clause 53 above shall be computed with respect to 80% of such adjusted monthly quantity.

c.Supplier may offer additional quantity of fly ash at a later date subject to availability, if agreed by buyer. The quantity so offered and agreed by buyer at a later stage, will form a part of the annual contracted/adjusted quantity.

58.Taxes, Duties, Levies etc.

a.The Applicant shall be liable and responsible for payment of all statutory levies in the form of taxes, duties, octroi etc. on the Supply. Such statutory liabilities, if any, shall be paid by Applicant extra at actuals.

b.Regarding exports, it is the responsibility of the buyer to fulfill their export obligations as may be required, and any shortfall in this regard shall be to the account of the buyer only. The buyer indemnifies the seller against all such liabilities and losses on failure to fulfill the export obligations, if any.

59.Delivery

a.Buyer should depute his authorized representative to the power station for co- ordination and taking delivery of fly ash.

b.Delivery will be from Silo Chutes to bulkers or closed trucks only, which are suitable for loading from designated silos. Open trucks will not be allowed to take delivery.

c.Supplier has right to suspend the delivery of Fly Ash if advance amount is not available with the supplier by the required date and such suspension of delivery shall be to the account of buyer.

60.Responsibility during Transportation

The buyer will be responsible for any kind of injuries or accidents caused to their employees or labourers and seller will not be liable in the matter. If any action is brought against the seller for payment of damages or compensations, the buyer shall indemnify the seller from all such action or claim from damages/compensation. If the seller is held liable for any compensation, buyer shall forthwith compensate the seller if any, such claim arose after expiry of the contract period.

The Buyer’s transporter(s) shall have valid license of statutory, State Govt. / Central Govt. Authority for transportation of specified goods if required.

61.Billing

Supplier will raise challan / Exit gate pass on daily basis and invoices on weekly/fortnightly basis and shall deliver to the Buyer(s) an invoice showing the value of the fly ash delivered, along with applicable duty/taxes/cess etc. and shall be adjusted against the advance payment made by the buyer(s) as per Clause 52. Any Statutory form like Form ‘C’ etc. for claiming rebate shall be submitted by the buyer to the supplier for claiming such rebate. In case buyer fails to submit ‘C’ form before end of the quarter, CST will be charged at full applicable rates.

Annexure - II

CHECK LIST FOR SUBMISSION ALONG WITH DOCUMENTS

Name of Applicant:

Address:

Sl	Description of Check points	YES /	Remarks
No		NO/NOT
		APPLICABLE
1	Whether the Applicant has
	signed all the pages of the
	Application with seal/ stamp

2Whether submitted the Bid Security of required value as per the requirement of the application documents.

3Whether the Applicant Details at Annexure – VI have been filled and submitted

4Whether the Applicant had submitted Annexure-I (No deviation certificate) duly signed & stamped.

5Whether the Applicant had submitted Annexure-III (Undertaking for Usage of Fly Ash in Cement / construction / or other ash based Product / industry) duly signed & stamped.

6Whether the Applicant had submitted Annexure-IV (Letter of Undertaking) duly signed & stamped.

Date:

(Name & Signature of Applicant)

Annexure IV

Letter of Undertaking

Specification No : NCPS/ASH- SALE/ST/DADRI/15-16

NTPC LIIMIITED

National Capital Power Station, Dadri

P.O.-Vidyut Nagar, 201008,

Distt.- Gautam Budh Nagar (UP)

Dear Sirs,

I*/we* have read and examined the following application documents relating to the “Sale of Fly Ash from NTPC Dadri, Plant Silo.”

a)Specification No : NCPS/ASH- SALE/ST/DADRI/15-16

b)Definitions

c)Instruction to bidders

d)General Conditions of Supply

e)Special Conditions of Supply.

f)Proforma for No deviation certificate.

1)I*/We* hereby submit our application and undertake to keep our offer valid for a period of 30 (thirty) days from the date of opening of tenders. I*/We* shall not vary/alter or revoke my*/our* Bid during the validity period of the application.

2)This undertaking is in consideration of NTPC agreeing to open my* /our* tender, consider and evaluate the same for the purposes of award of letter for “Sale of Fly Ash” from NTPC DADRI in terms of provisions of application documents.

3)Should this tender be accepted, I*/We* also agree to abide by and fulfill and comply with all the terms, conditions and provisions of the above mentioned application documents.

Signature alongwith seal of Company

-------------------------------------------------------------

(Duly authorized to sign the Tender on behalf of the Bidder)

		Name: ---------------------------------------------
		Designation: ----------------------------------------
		Name of Company: -------------------------------
		Date and postal address: -------------------------
Witness
Signature : ----------------------------------------------
Telephone No. :------------------------------------------
Date	: ----------------------------------------------	Mobile No. : ------------------------------------
Name and address: ---------------------------------------------		E-mail ID:

* Strike out whichever is not applicable.

	Annexure V
	MODEL AWARD LETTER FOR SALE OF FLY ASH FROM NTPC DADRI
Ref.No.	Dated:
	Letter of Award

To,

Sub: - Award letter for “Sale of Fly Ash” from NTPC DADRI

Dear Sir,

This has reference to the following:

1.0 a) Invitation for Application Specification No. NTPC/ ASH—SALE/ST/DADRI/15-16 b) Application document Ref. No.

containing –

Invitation for Application.

Instruction to the Applicants.

General conditions of Supply.

Special conditions of Supply.

Application for Quantity Allocation

a)Your offer submitted Ref. No. _____dated _________

2.0We are pleased to accept your above mentioned offer and allocate you _____MT of Dry Fly Ash from Ash Silo hoppers of NTPC DADRI for a period of Three months.

3.0 Terms and Conditions of Supply:

The contract shall be performed by you strictly in accordance with the terms & conditions contained in General Conditions of Supply & Special Conditions of Supply, definitions, its amendments, deletions & additions to the same attached herewith, except amendments/modifications specifically brought in this award letter.

All the deviations whether implicit or explicit, contained in your offer stand unconditionally withdrawn, without any cost implications to NTPC -DADRI.

a)Contract Period:

i)The contract shall be effective from the date of issue of this LOA.

ii)The completion date of contract is _______.

iii)NTPC reserve the right to foreclose the contract at any time by giving 7 days notice without assigning any reasons and no compensation will be payable in this case.

b)Period of Supply:

Commencement date of issue of fly ash is from ______for the quantity mentioned above for Three months.

c)Price:

The price of Fly Ash is Rs.461.92 per MT (exclusive of all taxes).

d)Taxes & Duties:

The buyer shall be liable and responsible for payment towards any taxes, duties, levies, octroi etc applicable/enforced (by State/Central Government) from time to time during

the tenure of the contract. Such liabilities if any shall be paid by the buyer extra at actuals.

e)Price Adjustment:

The price of Fly Ash indicated at para 3 (c) shall remain firm for the entire period of the contract.

f)Consideration payable by the party:

Allocated quantity of Fly Ash for any year shall be divided into monthly quantity & amount payable based on this monthly quantity is to be deposited in advance (along with taxes and duties as applicable) by 20th of every month in the form of RTGS/Demand Draft in favour of NTPC Limited for the quantity of Fly Ash to be lifted in next month.

For details of RTGS/Demand Draft please refer Clause 15 below.

g)Contract Performance Guarantee (CPG):

i)Contract Performance Guarantee (CPG) of Rs.______/- [Rupees Only] @ 5% of the value [Rs.___/-] of allocated quantity of ____ MT, has to be submitted within Seven (07) days of issue of this award letter in the form of RTGS/Demand Draft in favor of NTPC Limited.

ii)The CPG shall be released within Ninety (90) days after successful completion of contract in all respects

iii)For commencement of supplies, submission of CPG is a precondition.

iv)For details of RTGS/Demand Draft please refer Clause 15 below.

h)Submission of Form-C.

Any Statutory form like Form ‘C’ etc. for claiming rebate shall be submitted by the buyer to the supplier for claiming such rebate. In case buyer fails to submit ‘C’ form within 01 month of designated quarter, CST will be charged at full applicable rates.

4.0Compensation against shortfall & Termination of Contract:

a)Compensation against shortfall during regular off-take:

Compensation against Shortfall during off-take will be governed as per clause No. 55 of Special Conditions of Supply of contract document.

b)Termination of Contract:

Termination of Contract will be governed as per clause No. 56 of Special Conditions of Supply of contract document.

5.0Delivery point:

a)NTPC would deliver fly ash from the discharge chute of designated ash Silo of the plant.

b)Fly ash shall be considered to have been delivered as it passes into the buyer’s closed vehicle at the loading point.

6.0Pollution Control & Transportation of Fly Ash:

All possible measures would be taken by buyer to avoid pollution to the satisfaction of the plant officials. Similarly, while transporting, no spillage of Fly Ash would be permitted to avoid air pollution. If the process adopted by the buyer is found deficient, NTPC Dadri retains the right to stop the supply forthwith.

7.0Safety:

The buyer would be responsible for the safety of its people for which the buyer should provide necessary safety gear to its workers.

The buyer shall be fully responsible for maintaining all the insurance covers as per law of land at its own cost.

8.0Working Hours:

Delivery of fly ash is intended to be given round the clock on all days excluding national holidays.

9.0Quality and Quantity of Fly Ash:

NTPC would deliver Dry Fly Ash from designated delivery point on “as available basis”. Fly Ash shall be issued based on actual weighing. Weight so recorded shall be considered final. No dispute or complaint for quality or quantity will be entertained at a later stage.

10.0Authorized Person:

A proper authorization in the format prescribed by EIC must be presented to Engineer- in-Charge, if the buyer wants to depute an agent/transporter on its behalf.

11.0End Use Certificate:

Buyer shall invariably submit the certificate of the end use of Fly Ash along with the details of the end user on yearly basis and also furnish any information required by NTPC related to ash lifting.

12.0Buyer and its transporter would be entirely responsible towards MVI/RTO for overloading of Fly Ash. NTPC in any case will not be held responsible for the same.

13.0The contract is subject to the jurisdiction of courts of Gautam Budh Nagar only.

14.0Engineer-In-Charge:

Sh. _______ will be the Engineer- In- Charge for the contract.

15.0Bank Details of NTPC (in case of RTGS):

For advance amount of Rs. 500000/- and above:

Account No:	34507866507

Account Name:	NTPC Limited

Bank Name:	State Bank of India, CAG Branch, Tolstoy Marg, New Delhi

IFSC Code:	SBIN0009996

MICR Code:	110002201

For advance amount of Less than Rs. 500000/- :

Account No:	10086250026

Account Name:	NTPC LTD.

Bank Name:	STATE BANK OF INDIA, NAT CAP REG THR PROJ, VIDYUT NAGAR,
	G.B. NAGAR (UP)- 201008

IFSC Code:	SBIN0008866

MICR Code:	110002426

In the remark column of RTGS/NEFT etc. you should clearly mentioned the following remark “ADVANCE/CPG FOR FLY ASH FROM NTPC DADRI”. After deposition of advance in NTPC’s

Annexure – VI

	Application for Quantity Allocation

Sl. No.	Description	Details
1	Name of the Applicant
2.	Status (Company / Individual /
	Partnership firm)
3	Registered Address

	Telephone No.
	Fax No.
4	Communication Address

	Telephone No.
	Fax No.
5	LST / CST / TIN No.
6	Shipping Address for Fly Ash

	Authorised Person Details
1	Name of the Authorised Person
2	Designation
3	Address for Communication

4	Telephone No.
5	Fax No.
6	Email Id
	Application Quantity

Applicants are requested to quote the quantity of Dry Fly Ash to be allocated for contract period of three (03) months as mentioned below:-

Sl No	Price	Requested	Requested Quantity in Words
		Quantity in figure
01	Rs. 461.92
	per MT

For and on behalf of ______________

Signature	:
(Authorized Representative)
Name	:
Designation	:
	28

Date: __________________	Signature __________________
Place: _________________	Name _____________________
Designation ________________

To
NTPC LIMITED
Core 3, 7th Floor, Scope Complex,
7, Institutional Area, Lodhi Road,
New Delhi – 110003.	Date :

Dear Sir,
This is to certify that we M/S	---------------the Applicant for the NTPC DADRI Thermal Power