NTPC Limited

(A Government of India Enterprise)

JOIN HANDS WITH NTPC FOR COAL MINING

Expression of Interest for Development & Operation of Coal Mining Projects

EOI No.: CS-0000-602-9

Date: 22.05.2015

NTPC intends to develop & operate the coal blocks, allotted to it by Government of India, by engaging Mine Developer-cum-Operators (MDOs) through International Competitive Bidding.

Agencies, capable to undertake mine development & operation activities, are requested to attend “OPEN HOUSE” discussion with NTPC’s top management on the business model / methodology being proposed by NTPC for selection of MDO for development & operation of the mines on 6th. June 2015 at 10 AM at Power

Management Institute, Plot no. 5/14, Sector 16 A, NOIDA, 201301 (U.P.).

Interested agencies may register through e-mail or confirm participation to Shri Partha Mazumder, GM(CM-TS) at 011-24362344, 09650996364 / 09650991918 / e-mail: coalmining@ntpc.co.in. For draft Terms & Conditions of MDO Contract, please visit www.ntpctender.com.

NTPC LIMITED

(A GOVERNMENT OF INDIA ENTERPRISE)

DRAFT

BIDDING DOCUMENTS

FOR

DEVELOPMENT AND OPERATION OF [NAME OF THE

PROJECT]

INSTRUCTIONS TO BIDDERS

VOLUME-I

DOCUMENT NO. : [PROJECT SPECIFIC]

(This Document is meant for the exclusive purpose of submitting Proposal for Selection of Mine Developer Cum Operator (MDO) for the Development And Operation of [NAME OF THE PROJECT] and shall not be transferred, reproduced or otherwise used for purposes other than that for which it is specifically issued without the written permission of NTPC.)

1. DISCLAIMER

1.1.This Document is not an Agreement or an offer by NTPC to Bidders or any third party. The purpose of this Document is to provide interested parties with information to facilitate the formulation of their Proposal.

1.2.This Document does not purport to contain all the information each Bidder may require. This Document may not be appropriate for all persons, and it is not possible for NTPC to consider the particular needs of each party who reads or uses this Document. The concerned parties should conduct their own investigations and analysis and should verify the accuracy, reliability and completeness of the information in this Document and obtain independent advice from appropriate sources.

1.3.Neither NTPC nor its employees or its consultants make any representation or warranty as to the accuracy, reliability or completeness of the information in this Document.

1.4.Neither NTPC nor its employees or consultants shall have any liability to any Bidder or any other person under the law of contract, tort, the principles of restitution or unjust enrichment or otherwise for any loss, expense or damage which may arise from or be incurred or suffered in connection with this Document, or any matter deemed to form part of this Document, the award of the work, or the information and any other information supplied by or on behalf of NTPC or its employees, any consultants or otherwise arising in any way from the selection process for the Project.

1.5.The Bidder should confirm that the Document is complete in all respects. In the event that the Document or any part thereof is mutilated or missing, the Bidder must notify NTPC immediately.

1.6.If no intimation is received by NTPC at the above mentioned address within 7 Days from the date of issue of the Document, it shall be considered that the Document received by the Bidder is complete in all respects and that the Bidder is fully satisfied with the Document.

1.7.No extension of time shall be granted to any Bidder for submission of its Bid on the ground that the Bidder did not obtain a complete set of the Document.

1.8.The RFP comprises of general guidelines and conditions for bidding but not an offer by NTPC to Bidders or any third party. The purpose of the RFP is to provide interested parties with information to facilitate the formulation of their Proposal to undertake this Project and to convey the terms on which the work shall be assigned by NTPC.

1.9.This Document and the information contained herein are strictly confidential and privileged and are for the exclusive use of the party to whom it is issued or its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company or members of Consortium. This Document must not be copied or distributed by the recipient to third parties (other than, to the extent required by applicable law or in confidence to the recipient’s professional advisors, provided that such advisors are bound by confidentiality restrictions at least as strict as those contained in this Document). In the event that after the issue of the Document the recipient does not continue with its involvement in the bidding process for any reason whatsoever, this Document and the information contained herein must be kept confidential by such

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		2. LIST OF ABBREVIATIONS
	BCM	Bank Cubic Meters
	CERC	Central Electricity Regulatory Commission
	CHP	Coal Handling Plant
	EIA	Environment Impact Assessment
	EMP	Environment Management Plan
	FY	Financial Year
	GCV	Gross Calorific Value
	HEMM	Heavy Earth Moving Machinery
	HR	Human Resources
	ICAI	Institute of Chartered Accountants of India
	INR	Indian Rupee/legal tender currency of India
	COA	Consortium Operating Agreement
	MDO	Mine Developer cum Operator
	MTPA	Million Tonnes (Metric) Per Annum
	OB	Over Burden
	OMS	Output per Man Shift
	NTPC	NTPC Ltd.
	RBI	Reserve Bank of India
	RFP	Request for Proposal
	R&R	Rehabilitation and Resettlement
	NTPC	https://etender.ntpclakshya.co.in
	E-Tender Site

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3. DEFINITIONS AND RULES OF CONSTRUCTION

3.1Definitions

Unless defined otherwise, the following terms wherever used in this RFP Document shall have the following meanings:

3.1.1"Applicable Laws" means any law, legislation, statute, rule, directive, ordinance, notification, exemption, regulation, judgements/orders of a competent court, tribunal, regulatory bodies and quasi judicial body or any interpretation thereof enacted, issued, or promulgated by any Authority and applicable to either Party, to their obligations or to the provisions of RFP document from time to time.

3.1.2"Approved Annual Production Plan" shall have the meaning ascribed to it in the Project Agreement.

3.1.3"Authority" means any government department, local government council, inspection authority, courts, tribunal, regulatory bodies and quasi judicial body, any other statutory authority of Government of India or the Government of state [ Name of the State] , any authority exercising any sovereign function, and includes any municipal or local authority.

3.1.4"Authorised Representative and Signatory" shall have the meaning ascribed to it in Clause 6.2.6.

3.1.5"Bidder/Bidding Company" shall be either a single Corporate entity, incorporated under the applicable Laws or a consortium of up to three Corporate entities, who undertake to form a Joint Venture Company incorporated under the applicable Indian Laws prior to the execution of the Project Agreement, that has submitted a Proposal in response to the RFP.

3.1.6"Bid Document" or “Bidding Document” or "Document" or "RFP Document" or "RFP" means documents issued by NTPC vide RFP Bid Specification No [project specific no] for selection of Mine Developer cum Operator (MDO) for the Development and operation of [NAME OF THE PROJECT],[ Name of the State] through International Competitive Bidding (ICB) and shall include any modifications, amendments/corrigenda or alterations or clarification thereto. The documents are as follows:

a)Notice Inviting Tender

b)Covering letter issued by NTPC, if any

c)This RFP document (Instructions to Bidders)

d)Project Agreement

e)Project Information Memorandum, if any.

f)Technical documents including:

i.Geological report

ii.Approved Mining Plan

iii.Socio-Economic Survey Report (SES)

iv.EIA/EMP Report

v.Hydro-Geological report

vi.Copy of forest clearance.

vii.Copy of environment clearance.

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4. INTRODUCTION & BACKGROUND

4.1Introduction

NTPC is India’s largest thermal power generating company. It was incorporated in 1975 with the objective of planning, promoting and organising the integrated development of thermal power in India. NTPC, designated as one of the ‘Maharatna Public Sector Undertakings’, is poised to become a global giant. Presently NTPC has a present installed capacity of 44,598 MW through 39 Power stations including station operated under Joint Venture Companies in India. NTPC has committed buyers, with generating capacity in each of its Plants allocated to the states in the region of the Plant’s location.

Allottee Company: NTPC Ltd. (Allottee Company) was allotted [NAME OF THE PROJECT] in [LOCATION OF THE PROJECT].

Mining Company: The Allottee Company envisages mining coal from [NAME OF THE PROJECT] through an MDO and supplying the coal on an exclusive basis from the

[NAME OF THE PROJECT].

4.2Legal Status of the MDO

4.2.1NTPC, as a lessee of [NAME OF THE PROJECT], under the Mining Lease, wishes to enter into Project Agreement with the Mine Operator who has adequate financial strength and experience in undertaking mining operations for the development and operation of the Site, as particularly described under Project Agreement.

Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Mining Lease, the Owner hereby appoints the Mine Operator to provide the Mining Services during the subsistence of this Agreement and the Mine Operator hereby consents to its appointment and agrees to provide the Mining Services in accordance with the terms and conditions set forth herein. The Mine Operator or its authorized person (acceptable to NTPC) shall be deemed agent of the Mine though for the purpose of Mines Act 1952 and statutes made there under, as applicable.

NTPC shall appoint Agent and all other Statutory Manpower like Mine Manager, Safety Officer, Surveyor (head) and Blasting Overman / Foreman as required by Law or directed by Director General of Mines Safety (DGMS) and shall be responsible for communication with statutory authorities. Notwithstanding anything stated, the Mine Operator shall also appoint all required manpower required to discharge its obligations under the Agreement including manpower for discharging all statutory duties (though manpower appointed by Mine Operator shall not be known as statutory manpower). Any appointment made by the Mine Operator has to conform to the Applicable Laws including the qualification requirements set out under the Mines Act, 1952 and Coal Mine Regulation, 1957. The Mine Operator and its representative shall for the avoidance of doubt, assume all such obligations and responsibilities, including preparation and submission of periodic reports etc., under the Mines Act 1952 and statutes made thereunder as applicable and take all such other steps as may be necessary to comply with the Applicable Laws.

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4.2.2For the purpose, Mine Operator shall inform NTPC by a written statement of all the manpower employed by it to perform the obligations under the Project Agreement including in respect of the management, control, supervision or direction of the Site. Such statement shall also specify the responsibilities of such persons and the details of the matters in which they are authorised to act on behalf of the Mine Operator.

4.3 Current Status of Project

4.3.1 The information in this chapter is provided for the general guidance of the Bidders:

Project

[NAME OF THE PROJECT]

Coal Mine Location

[PROJECT SPECIFIC INFORMATION TO BE PROVIDED IN THE FINAL TENDER DOCUMENTS]

End Use Plant	[PROJECT SPECIFIC INFORMATION TO BE
Location	PROVIDED IN THE FINAL TENDER DOCUMENTS]

Access to Coal Mine

[PROJECT SPECIFIC INFORMATION TO BE PROVIDED IN THE FINAL TENDER DOCUMENTS]

4.3.2NTPC has already initiated predevelopment work on the coal block and the Project is in an advanced stage of development and the current status is given below;

Coal Block	[NAME OF THE PROJECT]
Land for Coal Mine	[PROJECT SPECIFIC INFORMATION TO BE PROVIDED
	IN THE FINAL TENDER DOCUMENTS]

Permits and	[PROJECT SPECIFIC INFORMATION TO BE PROVIDED
Clearances	IN THE FINAL TENDER DOCUMENTS]
Mining Plan	[PROJECT SPECIFIC INFORMATION TO BE PROVIDED
	IN THE FINAL TENDER DOCUMENTS]

4.4Objective of the exercise/assignment

NTPC proposes to develop the [NAME OF THE PROJECT] by a reputed company with experience in the coal mining which will be appointed as Mine Developer cum Operator (MDO). The MDO shall plan, design, engineer, finance, construct, develop and operate and maintain the[Name of the Project] Coal Mine, shall carry out all works incidental to mining, processing, carry out land acquisition and R&R and shall carry out all works incidental to mining, processing, crushing, operate & maintain coal conveying system upto loading Silo and loading of coal through Silo into wagons of MGR System or interconnecting Indian Railways. Thus NTPC has proposes to appoint MDO through International Competitive Bidding (ICB).

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5. TECHNICAL REQUIREMENTS FROM THE BIDDER

5.1Scope of work of MDO

The scope of work for the Selected Bidder and the facilitating works being undertaken by NTPC shall be in accordance with the provisions of the Project Agreement.

5.2Mining Method

The Mine Operator shall deploy the combination of truck and shovel and Surface Miner (SM) to mine the Site as specified in the Mining Plan approved by Ministry of Coal, Government of India. In general:

5.2.1Overburden/interburden shall be removed by excavators (i.e. shovels and/or backhoes) and transported by haul trucks to dedicated (and approved) dumping locations.

5.2.2Run-of-Mine (ROM) coal shall be removed by excavators, Surface Miner and transported by haul trucks from the mine.

5.2.3Coal shall be crushed to a top size of 50mm and fed into the Conveyors system and from where it ultimately will be loaded on to the wagons arranged by Owner using rapid loading silos for MGR System of NTPC or Interconnecting Indian Railways for delivery of coal to NTPC’s Power Project.

5.2.4The Mine operator shall follow the approved Mining Plan throughout the term of the contract. However, if the Mine Operator desires to modify the Mining Plan in consultation with the Owner during the operation stage due to Site conditions/increased operational flexibility; the Mine Operator shall be responsible for getting the modified Mining Plan approved from the Ministry of Coal, Government of India and other Statutory Authorities, if necessary without any cost implications to NTPC.

Further the Mine Operator shall be responsible for getting all other approvals/clearances necessitated by change of Mining Plan during the operation stage, from the Statutory Authorities, if required without any cost implications to NTPC. All the costs shall be borne by the Mine Operator.

5.3Mining Equipment

5.3.1The Mine Operator shall deploy state of the art mining equipment and ensure adequate after sales support and shall comply with the original equipment manufacturer recommendations for use. The Mine Operator is expected to deploy new equipments at the Site except for the first three Operating Years of mining operations, wherein it can employ used equipments and / or equipments of smaller sizes also. The used

equipments shall, however, be either refurbished or be aged less than 10,000 operating hours. The fleet size will comply with the requirements of Clause 5.3.2 of the RFP Document. However, the Mine Operator may vary its equipment fleet from Schedule 6 of the Project Agreement due to changes in technology during the Term of the Agreement subject to the receipt of requisite Approval from Authority as per Applicable Laws.

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5.3.2 The equipment configuration proposed by the Bidder shall comply with Applicable Laws including those related to environment, as imposed by the Ministry of Environment and Forests (MOEF), during the Term of the Project Agreement.

5.4 Mine Planning for Bid Preparation

For the purpose of bidding, Bidder is required to follow the Approved Mining Plan provided by Owner.

5.5Required Coal Production

5.5.1The coal production rate on an annual basis from the Coal Production Start Date shall be as approved Mining Plan.

5.5.2The Bidders shall confirm its yearly coal production rate for the Term of the Project in their Technical Proposal which shall become the "Annual Contracted Quantity" in the Project

Agreement.

5.5.3 The Bidders should note that in case the Coal Production Start Date does not fall at 1st April of the relevant year, then annual coal production quantities shall be adjusted pro rata.

5.6Coal Quality

The coal extraction should be planned so as to meet quantity and quality obligations as specified in the Project Agreement. The coal quality information is provided in the geological report.

5.7Geological In-Fill Drilling

To increase confidence in mine planning, the Mine Operator shall implement a program of in-fill drilling to achieve a drill hole spacing no greater than 200 meters within the area covered by the Rolling Annual Plan. In areas of geological complexity (such as faults etc.) the spacing should be further reduced to increase the confidence level. Geophysical logging of all such drill holes shall be done if the core recovery is less than 90%. Further the in-fill drilling should be 100% coring with geophysical logging in not less than 50% of the total meterage of in-fill boreholes.

The core logging and sampling shall be done in presence of representative of Owner. All the costs towards infill drilling shall be borne by Mine Operator. All the logging, sampling, analysis of core samples and storage of core logs shall be in accordance with the procedure detailed in Schedule 8 of Project Agreement.

5.8Environmental

Bidder shall comply with the requirements of the approved Environmental Management Plan (EMP) as well as all Applicable Laws. Bidder has to comply with all the requirements of the Environment Clearance and Forest Clearance at any point of time during the term of the Agreement.

5.9Safety

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Bidder shall comply with the requirements of the DGMS as well as all Applicable Laws

5.10Coal Evacuation

The processed coal obtained from CHP at pit head will be transported directly to the NTPC Power Station through arrangement of MGR system or interconnecting Indian Railways. In case of MGR System / Interconnecting Indian railways , a rapid loading system for fast loading of [Peak Production Capacity of the Mine] shall be installed near pit head.

Permanent evacuation route is through MGR / connectivity with Indian Railways which is under the scope of NTPC.

5.11Land acquisition

The Mine Operator shall be responsible for all the pending activities towards land acquisition. The Mine operator shall acquire on behalf of owner all the Private, Government and Forest land free from all encumbrances in phases for Mining and other purposes including land required for external dumps, coal evacuation corridor upto mine boundary , R&R Colony, approach road from state highway to mine entry, land for coal evacuation and other infrastructure facilities(if any). The pre-development work already initiated by NTPC and present status of land acquisition is mentioned at ITB clause 4.3.2 of this bid document. At all times, the Mine operator shall ensure the physical possession of land for at least next five years requirement.

The Owner shall make documented payment towards land acquisition to Government authorities directly. Other payments towards cost of purchasing land from sources other than Government shall be paid through cheque in the name of beneficiaries and cheque will be handed over to Mine Operator for distribution.

Activities such as assistance in valuation of assets on land, liaising with District Administration & State Government, interactions with PAPs for obtaining various approvals/clearances, assistance for disbursement of compensation payments to PAPs, including squatters/forest dwellers etc. Tree-cutting activities for forest land along with incurring associated payments/expenditure, shall be responsibility of Mine operator. Any other commercial implications including the liaison costs with Government Authority shall be deemed to have been considered in Base Mining Fee. No additional payment shall be made to Mine Operator by NTPC in this regard.

The detailed description of activities is provided in Schedule 2 of Project Agreement.

5.12Rehabilitation and Resettlement

The Mine operator shall be responsible for construction of R&R colony for which NTPC shall pay a fixed amount INR […] Million (Project specific). The payment for construction of R&R Colony shall be released as per the Terms of Payment specified in Schedule-16 of Project Agreement. The detailed scope of work towards R&R is provided in Annexure-I to Project Agreement (Vol-II).

5.13*[Cross Country Conveyor System and Private Railway Siding

The Mine operator shall be responsible for

(i) Supply-cum-Installation-Civil works of Cross Country Conveyor System for which NTPC shall pay a fixed amount INR […] Million (Project specific).

(II)Construction of Private Railway Siding for which NTPC shall pay a fixed amount INR

[…]Million (Project specific)]*

*Note- The provision are project specific and may change as per project requirement

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6 DESCRIPTION OF SELECTION PROCESS/BIDDING PROCESS

The objective of NTPC is to select a MDO who has the financial strength and the appropriate experience in coal mining operations to ensure proper development and operations of the [NAME OF THE PROJECT] in accordance with the requirement of NTPC.

6.1Bidding Process

Bids are invited on ‘Single stage Two Envelope’ bidding basis adopting E-tendring and Reverse Auction and consist of the following phases.

(a)Bidding phase

(b)Techno-Commercial Proposal Phase

(c)Price Proposal Phase

6.2Bidding phase

This phase of bidding process shall be conducted in the following steps:

Issue of RFP Document

(a)Bidder shall purchase the RFP Documents and promptly upon receipt of RFP documents, the Bidder shall fully satisfy itself that RFP Documents is complete in all respects. Notice of any discrepancy shall be given to NTPC immediately. The Bidder shall confirm that the RFP Documents is complete in all respects. In the event that the RFP Documents or any part thereof is mutilated or missing, the Bidder must notify NTPC immediately.

(b)If no intimation is received by NTPC within seven (7) days from the date of issue of RFP Documents, it shall be considered that the RFP Documents received by the Bidder is complete in all respects and that the Bidder is fully satisfied with RFP Documents.

(c)No extension of time shall be granted to any Bidder for submission of its Proposals on the grounds that the Bidder did not obtain a complete set of the RFP Documents.

(d)Failure to furnish all information required as per the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at the Bidder’s risk and may result in rejection of its bid.

6.2.2Bidder’s site visit

Notwithstanding the information already provided in the RFP Documents, the Bidders may like to visit and apprise themselves of the site conditions and its surroundings and obtain for itself, on its own responsibility, all information that may be necessary for preparing the Proposals and entering into Project Agreement. The Bidder shall assess and satisfy itself as to the adequacy of the local conditions such as approach roads to the site, adequacy of existing culverts/bridges/roads for bringing its equipment and machinery to Site, water and power supply conditions, accommodation facilities as may be required, river regime, river water levels, other details of river, major drains and their water levels in normal rainy season, climatic conditions,

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local terrain, availability of manpower, construction materials, details of taxes, royalties, duties and levies as applicable and any other information required. The cost and the arrangements required for visiting the site shall be arranged by the Bidder at its own expense.

6.2.3Pre-Bid Meeting

To clarify and discuss issues with respect to the RFP Documents, Project Agreement and Bidding Process, NTPC shall hold a Pre-Bid meeting as per the Bidding Schedule set out in the data sheet of this document. Bidders may submit their queries / seek changes as may be permitted by NTPC in the Project Agreement on or before the date of Pre Bid conference as set out in the Data Sheet. However, NTPC shall be under no obligation to amend the RFP or respond to such queries submitted by any Bidder.

Attendance of the Bidders at the Pre-Bid meeting is not mandatory. Attendance of any Bidders is at its sole responsibility and without any obligation to NTPC.

6.2.4Clarification of RFP Document

(a)A Bidder requiring any clarification of the RFP Documents may notify NTPC in writing by email or by telefax followed by post confirmation at the address mentioned in the data sheet.

However bidder to note that queries on Qualifying Requirements shall not be entertained.

(b)NTPC will respond in writing to any request for clarification which is received not later than the date of Pre Bid conference as set out in the Data Sheet. OWNER will post the Clarifications in C-Folder at e-tender website and Bidders can view these clarifications once they are posted in C-Folder. Bidders shall be notified through e-mail regarding posting of clarification in C-Folder. Bidders are also advised to regularly check C-Folder regarding posting of clarification, if any.

6.2.5Issue of Corrigendum (a) / Amendment(s) to the RFP Documents ("Corrigendum

(a)/ Amendment(s) "), if deemed necessary at NTPC’s sole discretion:

(a)At any time prior to Project Proposal submission Deadline mentioned in the data sheet, NTPC may, whether at its own initiative or in response to a clarification requested by a Bidder, amend the provisions of RFP Documents by issuing Corrigendum (a) / Amendment(s) to RFP Documents which shall be sent in writing to all Bidders and shall be binding upon them. Bidders shall promptly acknowledge receipt of the Corrigendum (a)/Amendment(s).

(b)The corrigendum (a) / Amendment(s) will be posted in C-Folder for viewing by the Bidder. Bidders shall be notified through e-mail regarding posting of corrigendum (a) / Amendment(s) in C-Folder. The corrigendum (a) / Amendment(s) will be binding on Bidders and it will be assumed that the information contained therein will have been taken into account by the Bidder in its bid. Bidders are also advised to regularly check C-Folder regarding posting of Amendment, if any

(c)Any corrigendum (a) / Amendment(s) to RFP Document issued by NTPC subsequent to the issue of RFP Document will also be considered an integral part of RFP Document and any reference to RFP Document in the Project Agreement shall include such Corrigendum (a)/Amendment(s) also.

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(d)Any verbal clarifications and information provided by NTPC or its employee(s) or its representative(s) or its consultant(s) shall not in any way be binding on NTPC unless subsequently confirmed through the issuance of Corrigendum (a)/Amendment(s).

(e)In order to afford prospective Bidders reasonable time in which to take the corrigemd(a)/amendment(s) into account in preparing their Project Proposal, NTPC may, at its discretion, extend the deadline for the submission of bids.

6.2.6Submission and opening of Project Proposal.

Language

The Proposals prepared by the Bidder, and all correspondence and documents relating thereto, must be in the English Language. English shall be the binding and controlling language for all matters relating to the meaning or interpretation of the RFP and Proposals. If any printed literature furnished by the Bidder is written in another language, as long as such literature is accompanied by a translation of its pertinent passages in English language in which case, for the purposes of interpretation of the bid, the translation shall govern.

The English Translation of the documents shall be carried out by professional translators and the translator shall certify that he is proficient in both languages in order to translate the document and that the translation is complete and accurate. Further, translation shall be authenticated by the Indian Consulate located in the Country where the documents have been issued or the Embassy of that Country in India.

Documents comprising the Project Proposal

The Project Proposal comprise of Techno Commercial Proposal and Price Proposal. Contents of Techno Commercial Proposal and Price Proposal detailed in Chapter 8 and Chapter 10 of this RFP Document.

Bidders shall tick/fill up suitably the Attributes, if mentioned in General Data, requiring any confirmation/information.

Format and signing of Project Proposals

The Project Proposals including all documents attached in C Folder shall be digitally certified using Class-III signature by a duly "Authorised Representative and Signatory" of the Bidder to bind him to the contract.

“Authorized Representative and Signatory” means the designated person of each Bidder authorized to represent the Bidder in all matters pertaining to its Proposal. This designated person should hold the Power of Attorney duly authorizing him/her to perform all tasks including but not limited to sign and submit the Proposal to participate in all stages of the Bidding Process; to conduct correspondence for and on behalf of the Bidder, and to execute the Project Agreement and any other documents required to give effect to the outcome of the Bidding Process.

Following documents shall be submitted shall be submitted in Hard copy prior to date & time for opening of Techno-Commercial bid

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(a)The original power of attorney, duly notarized, in favour of the Authorized Representative and Signatory shall be enclosed by the Bidder along with a covering letter.

(b)A copy of Board resolution, affixed with common seal of company, authorizing the issuer who issues power of attorney in favour of an employee (Authorized Representative and Authorized Signatory for the Bidding Process and Project as mentioned in the RFP) of the company shall be submitted along with the above mentioned power of attorney.

Note: In case of Consortium, Authorized Representative and Signatory shall be from the Company of Consortium Leader. Bidder shall furnish the original Power of Attorney(ies) in favor of Authorized Representative and Signatory, signed by legally authorized signatories of all the Consortium Members backed by a copy of Board Resolutions /other relevant documents, affixed with common seal of company, to demonstrate the authority of the persons issuing the Power of Attorney.

6.2.7Submission of Project Proposal

(a)Bidders shall submit EMD, Power of Attorney, Integrity Pact and Joint Operating Agreement/Consortium Operating Agreement in physical form by registered post, courier or in person and shall be sealed and marked in the following manner:

(i)The Earnest Money Deposit furnished in accordance with ITB Clause 12.4 shall be sealed in a separate envelope duly marking the envelope as under:

“Earnest Money Deposit for Development and Operation of [NAME OF THE PROJECT]”

Submitted by:

(Name of the Bidder)

(ii)The power of attorney (ies) furnished in accordance with ITB Clause 6.2.6 above shall be sealed in a separate envelope duly marking the envelope as under:

“Power of Attorney (ies) for Development and Operation of [NAME OF THE PROJECT]”

Submitted by:

(Name of the Bidder)

(iii)The 'Integrity Pact" as per prescribed format in accordance with ITB Clause

12.10duly signed by the signatory authorized to sign the bid, shall be sealed in a separate envelope duly marking the envelope as under:

“Integrity Pact for Development and Operation of [NAME OF THE PROJECT]”

Submitted by:

(Name of the Bidder)

(iv) Joint Operating Agreement (if applicable) as per prescribed format shall be sealed in a separate envelope duly marking the envelope as under:

“Joint Operating Agreement for Development and Operation of [NAME OF THE PROJECT ]”

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Submitted by:

(Name of the Bidder)

(v) Consortium Operating Agreement (if applicable) as per prescribed format shall be sealed in a separate envelope duly marking the envelope as under:

“Consortium Operating Agreement for Development and Operation of [NAME OF THE PROJECT]”

Submitted by: (Name of the Bidder)

In case requisite EMD pursuant to ITB Clause 12.4 and/or Integrity Pact (IP) as per provision of Integrity Pact specified at ITB Clause 12.10 and/or Joint Operating Agreement (if applicable) as per prescribed format and /or Consortium Operating Agreement (if applicable) as per prescribed format are not submitted before the stipulated Project Proposal submission closing date and time then Bid shall be rejected by OWNER as being non-responsive and shall not be opened.

The envelopes shall then be sealed in an outer envelope.

The inner and outer envelopes shall:

i.be addressed to the Owner at the address given in the Data Sheet, and

ii.bear the Package name as Development and Operation of [NAME OF THE PROJECT], the Invitation for Bids number as CS-7015-602(R)-2 and the statement "DO NOT OPEN BEFORE [date]," to be completed with the time and date specified in the Data Sheet, pursuant to ITB clause 6.2.9 below.

The inner envelopes shall also indicate the name and address of the Bidder.

If the outer envelope is not sealed and marked as mentioned above, the

Owner will assume no responsibility for its misplacement.

(b) Attributes in General Data of Process/Display Bid screen at NTPC e-tender site

(i) Compliance to All Provisions of Bidding Documents/ NIL Deviation:

Compliance to All Provisions of Bidding Documents/ NIL Deviation has to be confirmed by accepting the following attribute in General Data of Process/Display Bid screen at NTPC e-tender site:

“Do you certify full compliance to all provisions of bid doc?”

Bids can not be submitted without acceptance of above attribute.

Acceptance of above attribute shall be considered as bidder’s confirmation to the following:

 Bidder has read the provisions of the RFP Document (Document No. CS-

7015-602(R)-9 (ITB-Revision-I) and			CS-7015-602(R)-9 (Project
Agreement))	along	with	its	subsequent
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Amendments/Corrigenda/Clarification/Addenda/Errata and their Project

Proposal (i.e Techno-Commercial Proposal and Price Proposal) is strictly

in conformity with	the provisions of	the RFP	Document
including Amendments/Corrigenda/Clarification/Addenda/Errata			thereof
and we have not taken any deviation to any		of the provisions of the
bidding documents.

the entire work shall be performed as per the provisions of RFP Documents.

any deviation / variation / additional conditions to the provisions of the

RFP Documents read in conjunction with its Amendment(s) / Clarification(s) / Addenda / Errata found anywhere in Project Proposal (i.e Techno-Commercial Proposal and Price Proposal), implicit or explicit, save those pertaining to rebates offered, stands unconditionally withdrawn without any cost implication whatsoever to the Owner, failing which the bid security be forfeited.

their TECHNO-COMMERCIAL Proposal does not contain any price content entry.

their Price Proposal does not contain any matter in respect of technical and / or commercial aspects other than the details specifically sought in the Price Proposal.

(ii)Compliance on Qualifying Requirement

Compliance on Qualifying Requirement has to be confirmed by accepting the following attribute in General Data of Process/Display Bid screen at NTPC e-tender site:

“Do you certify full compliance on Qualifying Requirement?”

Bids can not be submitted without acceptance of above attribute.

Acceptance of above attribute shall be considered as bidder’s confirmation to the following conditions:

the number of reference mines quoted by Bidder

i.in the proposal, for establishing compliance to the Qualifying Requirement (QR) specified at 7.1.1, are not more than 3 (three) number of reference coal mines

ii.in the proposal, for establishing compliance to the Qualifying Requirement (QR) specified at 7.1.2 (a), are not more than 15 (Fifteen) number of reference coal mines

iii.in the proposal, for establishing compliance to the Qualifying Requirement (QR) specified at 7.1.2 (b), are not more than 3 (Three) number of reference coal mines

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the reference coal mines declared by the Bidder

(i)more than three (3) number for meeting Qualifying Requirements mentioned at 7.1.1

(ii)more than fifteen (15) number for meeting Qualifying Requirements mentioned at 7.1.2 (a)

and

(iii) more than three (3) number for meeting Qualifying Requirements mentioned at 7.1.2 (a)

shall not be considered for evaluation / establishing compliance to Qualifying Requirement (QR).

(c)Project Proposal (both Techno Commercial Proposal and Price Proposal) shall be submitted through e-tender mode in the manner specified elsewhere in bidding document. No Manual/ Hard Copy of the Bid shall be acceptable.

6.2.8Proposal preparation cost: The Bidder shall be solely responsible and shall pay for all of the costs associated with the preparation of its proposal and its participation in the Bidding Process. NTPC shall not be responsible in any way for such costs, regardless of the conduct or outcome of the Bidding Process.

6.2.9Deadline for Submission of Bids

Bids must be submitted online no later than the time and date stated in the Bid

Data Sheet.

Original Bid Security, Integrity pact, Joint Operating Agreement / Consortium Operating Agreement (as applicable) and Power of Attorney shall be submitted in physical form before stipulated Project Proposal submission time at the address specified in Data Sheet. Owner shall not be liable for loss/non- receipt/late receipt of above documents in postal transit.

Alternately, Bid Security in original may be submitted in physical form before stipulated Project Proposal submission time at the following NTPC Region HeadQuarters.

SL.No	Address of Region HeadQuarters					Contact person
1	EASTERN REGION - I HEADQUARTERS				2ND	GM (C&M)
	FLOOR, LOK NAYAK JAI PRAKASH BHAWAN, DAK
	BUNGLOW CHOWK, PATNA 800001, BIHAR
2	EASTERN REGION - II HEADQUARTERS				OLIC	GM (C&M)
	BUILDING,	N-17/2,	NAYAPALI	UNIT 8
	BHUBANESWAR, PINCODE-751012
3	WESTERN REGION - I HEADQUARTERS					GM (C&M)
	SAMRUDDHI VENTURE PARK, 2ND FLOOR, MIDC,
	MAROL, ANDHERI(E), MUMBAI-400093
4	WESTERN REGION - II HEADQUARTERS				4H	GM (C&M)
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FLOOR, MAGNETO OFFIZO, MAGNETO THE MALL,

LABHANDI, GE ROAD, RAIPUR 492001

5	NORTHERN REGION HEADQUARTERS	TC-	GM (C&M)
	33/V-1, VIBHUTI KHAND, GOMTI NAGAR, LUCKNOW
	- 226 010
6	SOUTHERN REGION HEADQUARTERS	2ND &	GM (C&M)

5TH FLOOR, MCH COMMERCIAL COMPLEX, RP ROAD, SECUNDERABAD-500003

Owner may, at its discretion, extend this deadline for submission of Project Proposals by amending the bidding documents in accordance with ITB Sub- Clause 6.2.5 (e), in which case all rights and obligations of Owner and Bidders will thereafter be subject to the deadline as extended.

6.2.10Modification and Withdrawal of Project Proposal

(a)The Bidder may modify or withdraw its Project Proposal after submission, provided that written notice of the modification or withdrawal is received prior to the deadline prescribed for Project Proposal submission. Owner shall return the project Proposal through e-tendering mode for modification or withdrawal as requested.

(b)A Bidder wishing to withdraw its Project Proposal shall notify OWNER in writing prior to the deadline prescribed for Project Proposal submission. A withdrawal notice may also be sent by post or by telefax followed by post confirmation postmarked not later than the deadline for submission of Project Proposal.

(c)The notice of withdrawal shall:

(i)be addressed to OWNER at the address named in Data Sheet, and

(ii)bear the Package name, the IFB number, and the words “Project Proposal Withdrawal Notice.”

Project Proposal withdrawal notices received after the Project Proposal submission deadline will be ignored, and the submitted Project Proposal will be deemed to be a validly submitted Project Proposal.

(d) No Project Proposal may be withdrawn in the interval between the Project Proposal submission deadline and the expiration of the Project Proposal validity period specified in ITB Clause 12.7. Withdrawal of a bid during this interval may result in the Bidder’s forfeiture of its bid security, pursuant to ITB Sub-Clause 12.4.

6.2.11Opening of Project Proposals

(a)Techno Commercial Proposal Opening

The Owner will first open Techno-Commercial Proposals at the time, on the date and at the place specified in the Data Sheet. Bidder’s attendance during the Techno Commercial Bid Opening in NTPC premises is not envisaged. In the event of the

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specified date for the opening of bids being declared a holiday for OWNER, the bids will be opened at the appointed time on the next working day.

In case requisite EMD pursuant to ITB Clause 12.4 and/or Integrity Pact (IP) as per provision of Integrity Pact specified at ITB Clause 12.10 are not submitted before the stipulated Project Proposal submission closing date and time then Bid shall be rejected by OWNER as being non-responsive and shall not be opened.

The Price Bid will remain unopened and the date and time for opening of price bids shall be intimated separately by OWNER after completion of evaluation of Techno- Commercial Bids.

(b) Price Bid Opening

After the evaluation process of Techno-Commercial Proposals is completed, Owner will inform in writing the eligible Bidders regarding date, time and venue set for the opening of Price Proposal. Bidders, whose Techno-Commercial Proposal is not substantially responsive, shall also be informed in writing and their Price Proposal will be rejected and shall not be opened and their EMD shall be returned prior to opening of Price Proposal.

Price Proposals of those Bidders, who have been considered qualified and whose Techno-Commercial Proposal found to be responsive, will be opened online.Bidder’s attendance during the Price Bid Opening in NTPC premises is not envisaged.

Further the participating bidders will be able to view the bid prices of all the bidders after completion of Reverse Auction.

6.2.12Clarification on Bids

During bid evaluation, OWNER may, at its discretion, ask the Bidder for a clarification of its Proposal including documentary evidence pertaining to the reference Mines declared in the Project Proposal for the purpose of meeting Qualifying Requirement specified in Data Sheet. The request for clarification and the response shall be in writing, and no change in the price or substance of the Project Proposal including substitution of reference Mines in the Techno Commercial Proposal by new/additional Mine for conforming to Qualifying Requirement shall be sought, offered or permitted.

6.3TECHNO-COMMERCIAL PROPOSAL PHASE

This phase shall be conducted in the following steps:

6.3.1PRELIMINARY EXAMINATION OF TECHNO-COMMERCIAL PROPOSALS

(a)OWNER will examine the Project Proposals to determine whether they are complete, whether required securities have been furnished, whether the documents have been properly signed and whether the bids are generally in order.

(b)Prior to the detailed evaluation, OWNER will initially determine whether each Techno- Commercial Proposal is of acceptable quality, is generally complete and is

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substantially responsive to the bidding documents. For purposes of this determination, a substantially responsive Proposal is one that conforms to all the terms, conditions and specifications of the bidding documents without material deviations, objections, conditionalities or reservations. A material deviation, objection, conditionality or reservation is one (i) that affects in any substantial way the scope, quality or performance of the contract; (ii) that limits in any substantial way, inconsistent with the bidding documents, the Owner’s rights or the successful Bidder’s obligations under the contract; or (iii) whose rectification would unfairly affect the competitive position of other Bidders who are presenting substantially responsive Proposals.

(c)OWNER’s determination of a Techno Commercial Proposal’s responsiveness is to be based on the contents of the Techno Commercial Proposal itself without recourse

to extrinsic evidence. If a Techno Commercial Proposal is not substantially responsive, it will be rejected by OWNER, and may not subsequently be made responsive by the Bidder by correction of the nonconformity.

6.3.2 EVALUATION OF RESPONSIVE TECHNO-COMMERCIAL PROPOSAL

The responsive Techno-Commercial Proposal shall be evaluated as under:

6.3.2.1 EVALUATION OF QUALIFICATION PROPOSALS

The Qualification Proposals shall be evaluated in detail as specified in Chapter 9 to determine fulfillment of Qualification Requirements specified in Chapter 7 of this RFP Document.

6.3.2.2 EVALUATION OF TECHNICAL PROPOSALS

The Technicall Proposals shall be evaluated further in detail as specified in Chapter 9 to determine compliance with the Technical Proposals requirements.

6.3.4CLARIFICATION MEETING: The Owner, if required shall hold discussions or clarification meeting with only those bidders who have been considered qualified and whose Techno- Commercial Proposal have been found to be responsive. However, it will not be construed from inviting/holding of these post bid discussions that the bidder has been considered eligible for opening of their Price Proposal

6.3.5The responsive Techno-Commercial Proposal which meets the Qualifying Requirements specified in Chapter 7 and Technical Requirements specified in Chapter 8 of RFP Documents shall be considered for Price Proposal Phase of the Bidding Process. The Bidders who meets Qualifying Requirements specified in Chapter 7 and Technical requirements specified in Chapter 8 of RFP Documents shall be termed as Shortlisted Bidders.

6.4PRICE PROPOSAL PHASE

6.4.1PRELIMINARY EXAMINATION OF TECHNO-COMMERCIAL PROPOSALS

The Employer will examine the Price bids to determine whether they are complete, whether any computational errors have been made, and whether the bids are generally in order.

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6.4.2Evaluation of Responsive Price Proposal

The Responsive Price Proposals shall be evaluated in detail as specified in Chapter 11 of this RFP document.

6.4.3Letter of Acceptance

NTPC shall, after determination of the Selected Bidder in accordance with Chapter 11, notify the Selected Bidder in writing by registered letter or by tele fax , to be confirmed in writing by registered letter , that its Project Proposal has been accepted.

For the avoidance of doubt, it is clarified that upon issuance of the Letter of Acceptance, the Project Agreement shall come into effect and force on the date of issuance of the Letter of Acceptance and shall constitute valid and binding obligations enforceable against either Party in accordance with and subject to its terms and conditions.

6.4.5 Execution of Project Agreement

At the same time as Owner notifies the successful Bidder that its bid has been accepted, Owner will send the Bidder the Project Agreement, incorporating all the Corrigendum (a) issued from time to time by Owner, along with all the documents specified at Clause 1.3 of Project Agreement.

Within twenty eight (28) days of receipt of the Project Agreement, the successful Bidder shall sign and date the Project Agreement along with all the documents specified at Clause 1.3 of Project Agreement and return it to the Owner.

In case the selected Bidder is a Consortium, within 60 days of issuance of Letter of Acceptance, the Project Agreement along with all the documents specified at Clause 1.3 of Project Agreement shall be signed by “Authorized Representative and Signatories” of the Joint Venture Company incorporated by the Consortium Members. However, each Consortium member shall also sign the Project Agreement and shall remain jointly & severally responsible and liable to NTPC for the performance of all contractual obligations throughout the term of the contract.

6.4.6Subsequent to signing of the Project Agreement, the Contractor at his own cost shall

provide the Owner with at least twenty (20) copies Electronic version of the signed Project Agreement within thirty (30) days after signing.

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7 QUALIFYING REQUIREMENTS

In addition to the satisfactory fulfillment of the requirements stipulated under Clause 7.4 of this chapter, the following shall also apply:

7.1TECHNICAL CRITERIA

7.1Technical Criteria

7.1.1The Bidder should have been awarded, in the preceding 7 (seven) years reckoned from the date of opening of the Techno-commercial Bids and developed & operated single coal / lignite mine having coal/lignite reserves of at least [million tonnes]* & annual capacity of at least [MTPA]* and successfully produced coal/lignite from such mine.

OR

7.1.2 The Bidder should have, in the preceding 7 (seven) years reckoned from the date of opening of the Techno-commercial Bids, operated and produced:

a)At least [ Million BCM ]* of aggregated volume of overburden and/ or coal/ lignite from a maximum of five open cast mines of Coal / Lignite, in any year.

a)At least [ Million BCM ]* of composite volume of overburden and coal/lignite from single open cast mine in any year, out of which at least [million tonnes]* shall be coal / lignite.

The qualifying works at 7.1.2 (a) can be from same mine or different mines including the mine considered to meet qualifying requirement at 7.1.2(b)

7.2Financial Criteria

a)In any three consecutive Financial Years, as proposed by the bidder out of preceding four Financial years, as on the date of opening of Techno-commercial bids:

i. The average annual turnover of the Bidder should not be less than [INR ------

Million]* (Indian	Rupees	------------Million	only)*	or	in	equivalent	foreign
currency; and
ii. The average annual cash accrual of the Bidder should not be less than [INR ------
Million]* (Indian	Rupees ------------	Million	only)*,	or	in	equivalent	foreign

currency. The Bidder must have a positive cash accrual in the last Financial Year out of the three consecutive Financial Years considered by the bidder.

b)Net Worth of the Bidder as on the last date of the last financial year out of the three consecutive Financial Years, as proposed by the Bidder at 7.2(a) above should not be less than [INR ------ Million]* (Indian Rupees ------------Million only)*, or in equivalent foreign currency, which should be equal to or more than 100% of its paid up share

capital.

________________________________________________________________________

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* For Qualifying Requirements of specific project, Bidders may please visit at: www.ntpctender.com and refer IFB Nos: 40034799, 40036521, 40036543 and 40036528

c)The unutilized line of credit for fund based and non-fund based limits with cash and bank balances including fixed deposits of the Bidder as on a date not earlier than 15 days prior to the date of Techno-commercial Bid opening, duly certified by its Bankers should not be less than [INR ------ Million]* (Indian Rupees ------------Million only)* or in equivalent foreign currency. In case certificates from more than one bank are submitted, the certified unutilized limits should be of the same date from all such banks.

i)Where another Company of the Group acting as the Treasury Centre is responsible for Treasury Management of the Bidder having combined credit/guarantee limit for the whole group, the Bidder would be required to provide a Banker’s certificate regarding the unutilized line of credit for fund based and non-fund based limits together with cash and bank balances including fixed deposits available to such Treasury Centre. Further, Treasury Centre shall certify that out of the aforesaid limits certified by the bankers, the Bidder shall have access to the line of credit of a level not less than the specified amount at clause 7.2 (c) above. In proof of this, the Bidder would be required to furnish along with its Techno-commercial Bid, a Letter of Undertaking from the Treasury Centre,

supported by a Resolution passed by the Board of Directors of the Holding Company, as per the format enclosed in the bidding documents, pledging unconditional and irrevocable financial support for the execution of the Contract by the Bidder in case of award.

ii) In case the Bidder’s unutilized line of credit for fund based and non-fund based limits specified at clause 7.2.(c) above is not sufficient, a comfort letter from one of the bankers specified in the bidding documents unequivocally stating that in case the Bidder is awarded the contract, the Bank would enhance line of credit for fund based and non-fund based limits to a level not less than the specified amount to the Bidder or to the Treasury Management Centre as the case may be, shall be acceptable.

7.3 ROUTES

The Bidder shall be either a single corporate entity or a consortium of up to three corporate entities and may follow any one of the following route:

7.3.1 ROUTE – 1

Bidder fulfills all the requirements at Clause 7.1 & 7.2 on its own.

7.3.2ROUTE –2

i.In case a Bidder does not meet the requirement of clause 7.1 & 7.2 above on its own, it can quote on the basis of experience of its Subsidiary (ies) and /or Holding Company and/or Subsidiaries of its Holding Company. In such a case the consolidated experience of Bidder and its Subsidiary (ies) and/or Holding Company and/or Subsidiaries of its Holding company shall be considered, as applicable.

However, Bidder on its own should meet either Technical Criteria at Clause 7.1, or financial criteria at Clause 7.2 above.

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________________________________________________________________________

* For Qualifying Requirements of specific project, Bidders may please visit at: www.ntpctender.com and refer IFB Nos: 40034799, 40036521, 40036543 and 40036528

ii.The Bidder, who meets the requirements of Clause 7.2 on its own and meets the requirement of Clause 7.1 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 7.1 on its own and meets the requirement of Clause 7.2 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.

7.3.3ROUTE –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 7.1 above. For Bidders who are qualified as per clause 7.1.2, requirement of clause 7.1.2 (b) should be met by one of the consortium partners.

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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 7.2 above.

iii.Net worth of all the consortium members in combined manner, as on the last date of the last financial year out of the three consecutive Financial Years, proposed by bidder for meeting Financial Criteria, should be equal to or more than 100% of their total paid up share capital. However, net worth of each member of the consortium excluding the leader, 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.

iv.Each member of the consortium should meet either

a)Technical criteria at clause 7.1.1

or

b)At least 20% of the technical criteria at clause 7.1.2 (a) ie [Million BCM]* of aggregated volume of overburden and/ or coal/ lignite from a maximum of five open cast mines of Coal / Lignite, in any year. However the total number of mines to be considered for meeting the technical criteria at 7.1.2(a) collectively by all consortium members shall not exceed five.

or

c)At least 20% of the absolute value(s) of the Financial Criteria mentioned at Clause 7.2 above.

v.In this route, none of the consortium members will be allowed to draw any technical or financial strength from its Subsidiary (ies) and/or Holding Company.

vi.Each of the Consortium members will be required to furnish a legally enforceable Consortium Operating Agreement (COA) along with Techno-commercial Bid holding themselves jointly & severally responsible and liable to NTPC to perform

all contractual obligations, valid for the entire period of contract, as per the format enclosed in the bidding documents. The number of executants of the COA should not exceed three.

NOTES:

i.The word “operated” means that the Bidder should have performed the necessary activities of drilling, excavation, hauling, etc. on its own or through sub-contracting.

ii.The word “developed” means that the Bidder should have performed the necessary activities of Land Acquisition / assisted in Land Acquisition, Statutory clearances/assisted in Statutory clearances and carried out ‘Infrastructure development’ on its own or through sub-contracting.

iii.“Infrastructure development” as per (ii) above means construction of CHP, Buildings, Workshops, in a coal/lignite mine.

iv.“Aggregate” means combination of overburden and / or minerals (anyone or more) from one or more opencast mines of minerals (maximum of five mines).

v.The word “overburden” shall also include “inter-burden provided it is measured and accounted separately.”

vi.The word “composite” means that the Bidder should have produced both overburden and coal/lignite from the same mine.

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vii.For Coal/Lignite, following specific gravity (tonnes/cubic meters) shall be considered:

COAL	LIGNITE
1.50	0.8

________________________________________________________________________

* For Qualifying Requirements of specific project, Bidders may please visit at: www.ntpctender.com and refer IFB Nos: 40034799, 40036521, 40036543 and 40036528

viii.For criteria at clause 7.1 in case the Bidder is seeking qualification as a mine owner, the volume of overburden/coal/lignite production should be certified by Statutory Auditor of the Bidder.

ix.For criteria at clause 7.1, in case the Bidder is seeking qualification as a mine

operator under a contract, the Bidder should submit a copy of the Contract Agreement and a certificate of production of Overburden/coal/lignite and certificates for activities of Land Acquisition/Statutory Clearances & Infrastructure development from the Owner.

Alternatively, a certificate from the Statutory Auditor of the Bidder certifying the volume of overburden/coal/lignite production and certificates for activities of Land Acquisition/Statutory Clearances & Infrastructure development can also be submitted.

x.“Holding Company" and “Subsidiary" shall have the meaning ascribed to them as per Companies Act, in vogue.

xi.In case the Bidder is not able to furnish its audited financial statements on stand alone entity basis, the unaudited unconsolidated financial statements of the Bidder can be considered acceptable provided the Bidder further furnishes the following documents for substantiation of its qualification:

i.Copies of the unaudited unconsolidated financial statements of the Bidder along with copies of the audited consolidated financial statements of its Holding Company.

ii.A Certificate from the Chief Executive Officer (CEO)/Chief Financial Officer (CFO) of the Holding Company, as per the format enclosed in the bidding documents, stating that the unaudited unconsolidated financial statements form part of the Consolidated Financial Statements of the Company.

In case where audited results for the last preceding financial year are not available, certification of financial statements from a practicing Chartered Accountant shall also be considered acceptable.

The provisions of this Note (xi) shall also be applicable for Subsidiary Company/ Holding Company / subsidiary of Holding Company / Consortium Members.

xii.Net worth means the sum total of the paid up share capital and free reserves. Free reserve means all reserves credited out of the profits and share premium account but does not include reserves credited out of the revaluation of the assets, write back of depreciation provision and amalgamation. Further any debit balance of Profit and Loss account and miscellaneous expenses to the

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extent not adjusted or written off, if any, shall be reduced from reserves and surplus.

xiii.For Cl. 7.3.2 (iv), Net worth in combined manner as percentage of Paid up Share capital shall be calculated as follows:

If Net worth of the bidder (X1) and two of (X2 & X3) Subsidiary (ies) and/or Holding Company and/or Subsidiary(ies) of its Holding Company is X1, X2 & X3 respectively and corresponding Paid up share capital of the bidder and Subsidiary (ies) and/or Holding Company and/or Subsidiary(ies) of its Holding Company is Y1, Y2 & Y3 respectively, then

X1+X2+X3
Net worth (in combined manner) = ---------------	X 100 %
Y1+Y2+Y3

xiv.For Cl. 7.3.3 (iii), Net worth in combined manner as percentage of Paid up Share capital shall be calculated as follows:

If Net worth of the three Consortium partners is X1, X2 & X3 respectively and

corresponding Paid up share capital of the three Consortium partners is Y1, Y2 & Y3 respectively, then

	X1+X2+X3
Net worth (in combined manner) =	--------------- X 100 %
	Y1+Y2+Y3

xv.For meeting financial criteria, Bidder under Route-1 shall consider the same set of three consecutive Financial Years.

For meeting financial criteria, Bidder and its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company under Route-2 shall consider the same set of three consecutive Financial Years.

For meeting financial criteria, all the Consortium Members under Route-3 shall consider the same set of three consecutive Financial Years.

xvi.Cash Accrual shall mean the net cash flow from operations i.e. PAT + Depreciation + Other non-cash expenses.

xvii.Other income shall not be considered for arriving at annual turnover.

xviii.For unutilized line of credit for fund based and non-fund based limits, Cash Accrual, Net worth and Turnover indicated in foreign currency, the exchange rate as on 7 days prior to the date of opening of Techno-commercial bid shall be used.

xix.‘’year’’ as per Clause 7.1 and 7.3.3((iv)(b)) means a continuous period of 365 days.

7.4Additional Qualifying Requirements

The Bidder, shall Provide satisfactory evidence in its Qualification Proposal that it and/or, where applicable, its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company or members of Consortium on the strength of which it is seeking qualification:

(a)is/are in the business of developing and / or operating coal / lignite mine(s) and has/have adequate technical knowledge and relevant experience in this field.

(b)does/do not anticipate change in ownership during the validity of Bid period (if such a

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change is anticipated, the scope and effect thereof shall be defined by the Bidder in its Qualification Proposal).

(c)has its/have their own project management set up covering the areas of engineering, planning, procurement, quality assurance and inspection of mining equipments and machinery and the necessary field services required for successful development and operation of a coal mine.

(d)has/have adequate financial stability and capability to meet the financial obligations pursuant to the works & services covered in the development and operation of the Coal Block.

Bidders are required to furnish the relevant documents in support of their experience and strength claimed in their Qualification Proposal without which such claims may not be accepted by NTPC. Further NTPC reserves its rights to assess the capacity and capability of Bidder and its concerned Subsidiary(ies) and/or Holding Company and/or Subsidiary(ies) of its Holding Company or Consortium member(s) to satisfactory execute the Project Agreement. Such assessment shall include but not limited to the evaluation of capacity and capability in various areas viz engineering, designing, planning, project management, procurement, construction, quality assurance and inspection, financing, etc. for development, mining operation and maintenance of the mine.

7.5Notwithstanding anything stated above, the Employer reserves the right to Undertake a physical assessment of the capacity and capabilities including financial capacity and capability of the Bidder / his Collaborator(s) / Associate(s) / Subsidiary(ies) / Group Company(ies) to perform the Contract, should the circumstances warrant such assessment in the overall interest of the Employer.

The physical assessment shall include but not be limited to the assessment of the office/ facilities/ banker’s / reference works by the Employer. A negative determination of such assessment of capacity and capabilities may result in the rejection of the Bid.

The above right to undertake the physical assessment shall be applicable for the qualifying requirements stipulated in this chapter.

7.6The reference mines whose details have been declared as per the formats of ITB, Vol-I of RFP Documents shall only be considered to ascertain the bidder’s compliance to the specified Qualifying Requirement (QR). Bidders wishing to provide additional reference mines are required to declare the same in similar format which shall be additionally attached. However, bidders are not permitted to quote more than three (3) number of reference mines for meeting Qualifying Requirements at 7.1.1 , and fifteen (15) number of reference mines for meeting Qualifying Requirements at 7.1.2 (a) and three (3) number of reference mines for meeting Qualifying Requirements at 7.1.2 (b) for this purpose.

NTPC at its discretion may seek any clarification and/or documentary evidence only for the reference mines as mentioned above. However, no change or substitution of the reference mines by new/additional mines for conforming to the specified Qualifying Requirement shall be sought, offered or permitted.

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8 CONTENTS OF TECHNO-COMMERCIAL PROPOSAL

8.1 Bidders shall upload their Qualification Proposal and Technical Proposal in the private area earmarked (Tender Document) in the C-folder. Bidder to further ensure that documents uploaded in C-Folder is being downloaded properly. NTPC shall not be responsible for corrupted files, if any, uploaded in C-Folder.

Bidder should note that no zip file is to be uploaded online. Further file related to particular Attachment/Schedule including their annexures/appendices, if any, shall be given name of that Attachment/Schedule only.

8.2 Contents of Qualification Proposal (To be submitted in C-Folder as mentioned at Clause 8.1 above)

8.2.1Covering Letter: Covering Letter as per the prescribed format

8.2.2Bidders shall submit the Details and documents in support of Qualifying Requirements and additional Qualifying Requirements in the prescribed format to be provided by NTPC along with the Final Bidding Documents

(a)For Route-1 (as per Clause 7.3.1 of QR)

Description

Sl.

No.

1.Qualification data in respect of experience for qualification as per clause 7.1.1

2.Qualification data in respect of experience for qualification as per clause 7.1.2

3.Qualification data in respect of financial strength as per clause 7.2

4.Certificate from CEO/CFO of the Holding Company (to be submitted in line with Note (xi) of Qualifying Requirements stipulated in Chapter -7 of Instructions to Bidders , Vol-I of RFP Documents )

5.Letter of undertaking from Treasury Centre as per clause 7.2(c)(i) along with Holding Company’s Board Resolutions

6.Information for anticipated change in ownership

7.Details of own Project Management Setup or outsourcing arrangement

8.Experience details in developing and / or operating coal/lignite mine(s) and technical knowledge and relevant experience

9.Details of financial status

10Additional Information

11Certificate in respect of NTPC’s Fraud Prevention Policy.

12Declaration on Banning Policy

(b)For Route-2 (as per Clause 7.3.2 of QR)

Description

Sl. No.

1.Qualification data in respect of experience for qualification as per clause 7.1.1

2.Qualification data in respect of experience for qualification as per

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clause 7.1.2

3.Qualification data in respect of financial strength as per clause 7.2

4.Letter of Undertaking from the Subsidiary (ies) Company and/or Holding Company and/or Subsidiary (ies) of its Holding Company, as per clause 7.3.2(iii) along with Board Resolution(s) of such Company (ies).

5.Certificate from CEO/CFO of the Holding Company (to be submitted in line with Note (xi) of Qualifying Requirements stipulated in Chapter -7 of Instructions to Bidders , Vol.-I of RFP Documents )

6.Letter of undertaking from Treasury Centre as per clause 7.2 (c)

(i) along with Holding Company’s Board Resolutions

7.Information for anticipated change in ownership

8.Details of own Project Management Setup or outsourcing arrangement

9.Experience details in developing and / or operating Coal/Lignite mine(s) and technical knowledge and relevant experience

10.Details of financial status

11.Additional Information

12.Joint Operating Agreement as per Clause 7.3.2(ii) and 12.2 Note: To be submitted in original in a separate sealed envelope before the stipulated Project Proposal submission closing date and time mentioned in Data Sheet

13.Certificate in respect of NTPC’s Fraud Prevention Policy.

14.Declaration on Banning Policy

(c)For Route-3 (as per Clause 7.3.3 of QR)

Sl. No. Description

1.Qualification data in respect of experience for qualification as per clause 7.1.1

2.Qualification data in respect of experience for qualification as per clause 7.3.3(iv)(a)

3.Qualification data in respect of experience for qualification as per clause 7.1.2

4.Qualification data in respect of experience for qualification as per clause 7.3.3(iv)(b)

5.Qualification data in respect of financial strength as per clause 7.2

6.Qualification data in respect of experience for qualification as per clause 7.3.3(iv)(c)

7.Certificate from CEO/CFO of the Holding Company (to be submitted in line with Note (xi) of Qualifying Requirements stipulated in Chapter -7 of Instructions to Bidders , Vol-I of RFP Documents )

8.Letter of Undertaking from Treasury Centre as per clause 7.2 (c)

(i) along with Holding Company’s Board Resolutions

9.Information for anticipated change in ownership

10.Details of own Project Management Setup or outsourcing arrangement

11.Experience details in developing and / or operating Coal/Lignite mine(s) and technical knowledge and relevant experience

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12.Details of financial status

13.Additional Information

14.Consortium Operating Agreement as per Clause 7.3.3 (vi) and 12.3

Note: To be submitted in original in a separate sealed envelope before the stipulated Project Proposal submission closing date and time mentioned in Data Sheet

15.Certificate in respect of NTPC’s Fraud Prevention Policy.

16.Declaration on Banning Policy

8.3CONTENTS OF TECHNICAL PROPOSAL (To be submitted in C-Folder as mentioned at Clause 8.1 above)

8.3.1COVERING LETTER

Covering Letter as per the prescribed format.

8.3.2The Bidders would be required to submit detailed and comprehensive information for technical evaluation, comprising the following in the prescribed format to be provided by NTPC along with the Final Bidding Documents:

8.3.3Maps: Bidder shall provide hard copies of Maps and Plans that illustrate:

(a)Plot Plan of the Bidder’s mine infrastructure w.r.t Mining plan provided by owner.

(b)Plot plans and flow sheets of the Bidder’s coal handling facilities w.r.t Mining plan provided by Owner.

8.3.4 Mine Planning Outputs: The Bidder shall provide the following which shall comprise of the following:

(a)Proposed Annual Coal production Quantities confirming to the requirements specified at Clause 7.5.1 of this document.

(b)Major mining equipment & support equipment (capacities/classes and quantities proposed to be deployed)

8.3.5Supporting Narrative

Bidder shall provide full narrative of the mine and facilities proposed for development and operation of the mine including its approach towards implementation of the project development and operations as per approved plans, approvals and applicable law. Narrative shall address NTPC’s requirements set forth both in the RFP and in

Schedule 2 of the Project Agreement and fully describe how the requirements will be achieved. Where necessary, additional maps, tables, illustrations shall be provided. The supporting narrative along with details thereof shall be enclosed in Technical Proposal. The narrative shall necessarily include the following:

(a)Time Schedule to Achieve First Year Coal Production Target - Bidder shall submit a PERT chart (using Microsoft Project) illustrating the duration of all major activities during both the mine development and coal production stages. Items to be illustrated include inter alia:

i.Site development including access roads, water management structures

ii.Construction of R&R Colony along with details of major activities

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iii.Procurement of major mining equipment

iv.Staffing and recruitment of personnel including workforce

v.Training of staff and workforce

vi.Construction of mine infrastructure

vii.Excavation of box cut(s)

viii.Construction of coal handling facilities

ix.Construction of HEMM maintenance facilities

x.Ground surface contouring survey (to be undertaken jointly with the Owner).

(b)Narrative Description of the Proposed Mining Method - Bidder shall submit a concise description of the proposed mining method which explains the philosophy of Selective Mining to achieve the stipulated quality parameters

The narrative shall be assessed to determine whether Bidder fully comprehends the technical challenges presented by the geological conditions of Site.

(c)Adequacy of the Equipment Plan:

The Bidder shall submit an equipment plan giving details of the equipment that shall be used by the Mine Operator to provide Mining Services and meet the production requirements. This shall include the following:

i.Equipment sizes/capacities (excavators, coal and overburden trucks, Surface Miner, dozers, graders, water sprinklers etc.)

ii.Matching of equipment to the required tasks including: trucks to shovels; “selective mining”; maintenance of roads, ramps and benches; bench width and height

iii.Equipment quantities and listing of spare units (if any)

iv.Age of equipment

v.Philosophy of the on-site stocking of spare parts, components and major consumables including diesel fuel and tires

vi.Key performance indicators of equipment operation

vii.Expected levels of availability/ utilization of major equipment

viii.Proposed yearly operating schedule indicating allowances for festivals, statutory holidays, etc.

(d)Staffing - The staffing plan to be submitted by the Bidder shall comprise of the following:

i. Overall organization chart indicating the required management/ supervisory positions and the number of persons to be hired for each position

ii.Identification of positions mandated by DGMS

iii.The strength/ experience of the proposed key members of the “management team” including: mine manager, mine superintendent, maintenance superintendent, chief engineer, safety officer and other statutory personnel

iv.Reporting relationship of safety department to the general manager of the mine.

v.Provision of an environmental compliance department and its reporting relationship to the general manager

vi.Provision of a dedicated training department and its reporting relationship to the general manager

vii.Estimated number of workforce positions & year wise deployment of Staff and work force.

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(e)Mine Infrastructure and Site Facilities:

The proposed site facilities of the Bidder to support the proposed fleet of mining equipment and accommodate the projected staffing levels for activities such as:

i.Workshop

Overall layout and configuration

Ratio of the number of maintenance bays to the number of coal and overburden trucks

Provision of “wash bay”, tire repair area, small equipment repair area, electrical repair area

Location of supervisory staff.

ii.Warehouse

Overall layout and configuration

Proximity to warehouse.

iii.Office Complex

Overall layout and configuration

Match between offices and staffing levels

Provision of shower and locker facilities.

iv.First aid centre

v.Vocational training centre.

(f)Maintenance of Major Mining Equipment:

The proposed program of the Bidder for maintenance of the mining equipments to meet the production requirements shall include the following:

i.Staffing levels and reporting relationships to senior management and other departments

ii.Provision for a dedicated Maintenance Planning group

iii.Description of the proposed maintenance planning process including software to be used

iv.Generation of work-orders

v.Administration of daily routine (i.e. planned) maintenance

vi. Description of routine preventative maintenance (such as periodic change- out of critical components)

vii.Description of major preventative maintenance (such as selective annual shutdowns of critical equipment)

viii.Description of predictive maintenance programs, if proposed

ix.Tracking of equipment “histories”

x.Program for managing “unplanned maintenance” (i.e. breakdowns)

xi.Key performance indicators of equipment maintenance.

(g)Control of Coal Quality:

The proposed program to ensure that the quality of dispatched coal meets the specifications set by NTPC shall be submitted by the Bidder comprising the following:

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i.Preparation of monthly and weekly estimates of as-shipped coal quality

ii.Weekly coal loading plans benchwise

iii.Suggested loading equipment deployment

iv.Coal loading schedule. If night-time loading is proposed, proposed program to identify non-compliance high ash bands and/or coal bands

v.Segregated placement onto coal stockpiles, if required

vi.Blending from coal faces and/or coal stockpiles

vii.Monitoring and enforcement of “selective mining”

viii.Description of coal quality control field procedures including communication of requirements to coal face supervisors and excavator operators.

(h)Coal Handling:

The proposed equipment and program for Coal sizing and handling shall be submitted by the Bidder comprising the following:

i.Suitability of the selected equipment (i.e. the type of equipment)

ii.The sizes/capacities of the equipment

iii.Projected working hours

iv.Ability to handle surges/ fluctuations in delivery by the mine trucks

v.Ability to segregate and blend for purposes of coal quality control

vi.Overall assessment of the reliability of the system and ability to make up delivery shortfalls due to monsoon etc.

(i)Environmental Compliance:

The proposed environmental program to determine its compliance with key requirements of the approved Mining Plan shall be submitted by the Bidder comprising the following:

i.Staffing levels and reporting relationships to senior management and other departments

ii.Proposed programs to ensure compliance with all environmental permits/approvals

iii.Description of routine tasks to be performed

iv.Equipment to be used for salvaging and re-spreading of top soil

v.Projected operating schedule

vi.Size and locations of top soil storage areas

vii.Year of first re-spreading of top soil.

(j)Safety:

The Bidder shall submit the proposed Safety Program comprising the following:

i.Organization and staffing levels

ii.Reporting relationship to senior management

iii.Overall approach to safety and “delegation of responsibility” to front line supervisors

iv.Use of Risk Management

v. Ongoing /continuous training in safety including Workshop on safety norms

vi.Monitoring of safety performance

vii.Reporting requirements including “near misses” and property damage

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viii.Key performance indicators of safety

ix.Pit Safety Committee meeting.

(k)Training:

Training of staff and workforce personnel is a critical requirement. Bidder’s training plan and overall philosophy shall interalia comprise of the following:

i.Training Department

Organization and staffing levels

Reporting relationship to senior management

	Approach to training work workforce personnel,both mine operations
	and mine maintenance.

ii.Vocational Training Centre

Overall layout and configuration

Provision of separate training rooms.

(l)Site Security and Control of Coal Theft

Bidder’s proposed program for security of the Site and the control of coal theft shall comprise of the following:

i.Organization and staffing levels

ii.Reporting relationship to senior management

iii.Overall approach to security of the Site

iv.Description of “real time” automatic system (such as a GPS system) that will immediately detect and set off an alarm when mine trucks and wheel loaders move beyond the security fence

v.Specific measures to be adopted to prevent coal theft

vi.Specific measures to be adopted to measure coal and report theft.

vii.The proposed program for security of the Site.

(m)Land Acquisition and R&R

Bidder shall submit the proposed programme/methodology for land acquisition and R&R comprising the following

i.Narrative description or philosophy for Land acquisition of private, Government and Forest land

ii.Proposed organisation structure for Land acquisition activities.

iii.Narrative description or philosophy for construction of R&R colony and relocation of PAPs.

iv.Proposed organisation structure for R&R activities.

v.Proposed programme including timeline for acquiring land in phases.

8.4TECHNO-COMMERCIAL Proposal not to contain pricing information

The Techno-Commercial Proposals uploaded in C-Folder should not contain any price content entry by which Bidder’s prices are revealed before opening of their Price Proposals. In case, the Techno-Commercial Bid found to contain any price content, such bid shall be liable to be rejected.

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9 EVALUATION METHODOLOGY FOR TECHNO COMMERCIAL PROPOSAL

(QUALIFICATION PROPOSAL AND TECHNICAL PROPOSAL)

9.1Evaluation of Qualification Proposal

The Techno-Commercial Proposal shall be scrutinized to establish “responsiveness” as per Clause 6.3.1.

The Responsive Techno-Commercial Proposal shall be evaluated in detail to determine their fulfilment of Qualifying requirements specified in Chapter 7 of this RFP document.

During the bid evaluation, NTPC may, at its discretion, ask the Bidder for a clarification of its Qualification Proposal including documentary evidence pertaining to only the reference mines declared in the Qualification Proposal for the purpose of meeting Qualifying Requirement specified in Chapter 7 of this RFP document. The request for clarification and the response shall be in writing and no change in the substance of the TECHNO-COMMERCIAL Proposal including substitution of reference mines in the Qualification Proposal by new/additional mines for conforming to Qualifying Requirement shall be sought, offered or permitted.

The Qualification Proposals which meets the qualification criteria shall be considered for Technical Proposal Evaluation Phase of the Bidding Process. The Bidders who meet the qualification criteria shall be termed as Qualified Bidders.

9.2Evaluation of Technical Proposal

The Technical Proposals shall be evaluated to determine their compliance with the Technical Proposal Requirements. For this purpose, NTPC shall use the supporting documents and/or information available with or obtained by NTPC.

9.2.1During evaluation NTPC may seek clarification from the Bidders, may conduct discussions with the Bidders, and may ask the bidder to make Technical presentation.

Technical proposal shall include details as has been sought vide Chapter 8.

9.2.2The Technical Proposals without sufficient information as per the terms of Chapter 8 of this document shall be deemed “Non Responsive Technical Proposal”.

9.2.3The Responsive Technical Proposals meeting the requirements to the satisfaction of Owner shall be considered for further detailed Technical Evaluation.

9.3Detailed Evaluation of Technical Proposals submitted by the Bidder

9.3.1The purpose of technical evaluation is to check responsive and assess the compliance with the requirements of NTPC.

9.3.2To ensure effective evaluation of Technical Proposals the Bidders shall provide the necessary details as specified in Clause 8.4. The Technical evaluation will be for evaluating whether the Technical Proposal of the Bidder meets the following criteria.

(a)Time Schedule to Achieve First Year Coal Production Target - NTPC shall evaluate the PERT chart submitted by the Bidder, to determine its completeness; reasonableness; and achievability.

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(b)	Adequacy of the Equipment Plan - The Bidder shall submit an equipment plan
	giving details of the equipment that shall be used by the Mine Operator to provide
	Mining Services which shall be not less than the Minimum Equipment to be deployed as
	specified by NTPC at Schedule 6 of Project Agreement. NTPC shall evaluate the
	adequacy of equipment to meet the criteria imposed by NTPC in terms of quantity of
	production, quality of coal produced etc.

(c)Development and Operational Philosophy – NTPC shall evaluate the feasibility of the development and operational philosophy being proposed by the Bidder for the Site.

(d)Staffing – NTPC shall evaluate the staffing plan being proposed by the Bidder to

determine its ability to meet the requirements for NTPC’s project.

(e)Mine Infrastructure Facilities – NTPC shall evaluate the proposed site facilities being

	proposed by the Bidder to determine their ability to support the proposed fleet		of
	mining	equipment and accommodate the projected staffing levels. This assessment
	shall include Bidder’s plan for workshop, warehouse and office complex.
(f)	Maintenance of Major Mining Equipment – NTPC shall evaluate the proposed		program
	of the	Bidder for maintenance of the mining equipments to determine its ability to

meet the production requirements for the Coal Block.

(g)Control of Coal Quality – NTPC shall evaluate the proposed program of the Bidder in respect of quality control of delivered coal to ensure that the quality of dispatched coal meets the specifications set by NTPC.

(h) Coal crushing, Stockpiling and Reclaiming - NTPC shall

evaluate the proposed

equipment and program for the crushing, stockpiling and reclaiming of coal to meet NTPC’s production and delivery requirements.

(i)Environmental Compliance - NTPC shall evaluate the proposed environmental

program to determine its compliance with key requirements of the approved Mining Plan.

(j)Safety - NTPC shall evaluate the proposed Safety Program to determine its ability to achieve satisfactory levels of safety for the Project.

(k)Training - NTPC shall evaluate Bidder’s training plan and overall philosophy to determine its ability to meet the requirements of NTPC

(l)Site Security and Control of Coal Theft - NTPC shall evaluate the proposed program for security of the Site and the control of coal theft to determine whether it meets the requirements of NTPC.

(m)Land Acquisition and Construction of R&R Colony - NTPC shall evaluate Bidder’s proposed program for Land acquisition and Construction of R&R Colony to determine its ability and commitment to meet the requirements of NTPC.

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10 . CONTENTS OF PRICE PROPOSAL

10.1 The Price shall be submitted online through e-tendering mode only in Main Screen of Bid Invitation and shall comprise of following components:

1. Item Data

Bidders shall quote their prices for the Price Components mentioned at 10.2 below in the Price Schedule (in Excel Format) attached separately in the C-Folder (to be provided along with Project specific final bidding Documents). The Excel Sheet would automatically calculate the total price and convert the same Thousand Indian Rupees (TINR) which shall be transferred to Basic Price Field of Item Data of

NTPC E-Tender Site.

The Price Schedule duly filled in ExcelSheet shall only be considered by the Bidders for quoting their Prices.

The total Bid price can be viewed through output preview tab.

2. Documents to be uploaded in Main Screen of Bid Invitation

Bidders shall upload the following in General Data through 'Attachment' link provided in “Unprice Bid” tab:

(i)Price Schedule as mentioned at Clause 10.1(a) above

(ii)Price Proposal Form as per the prescribed format

(iii)Declaration of Imports along with CIF Value as per the prescribed format

(iv)Yearwise Maximum Demand & Annual Energy Consumption as per the prescribed format

Note: Bidders may note that Price Schedule and Price Proposal Form together with its Appendices should not be uploaded in C Folder.

Price Bid should not contain any matter in respect of Technical and / or Commercial aspects other than the details specifically sought in the Price Bid. If the Technical/commercial matters indicated in Price Bid are found to be in contradiction with the details furnished in Techno-Commercial Bid, the details furnished in Techno-Commercial Bid shall prevail.

10.2Mining Fee Quote

The Bidder shall quote Mining Fee, **Expenditure Towards Supply-cum-Installation-cum- Civil works of Cross Country Conveyor System, **Expenditure Towards Construction of

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Private Railway Siding and Expenditure towards Construction of R&R colony , in INR comprising of following as per the prescribed Price Proposal Format (to be provided along with Project specific final bidding Documents) :

(a)Expenditure towards Construction of R&R Colony: R&R Colony Expenditure in INR subject to the maximum limit (Specific to Project ) in line with Clause 10.2.1 below.

(b)**Expenditure Towards Supply-cum-Installation-cum-Civil works of Cross Country Conveyor System in the following break up:

(i)Expenditure Towards Supply of Plant & Equipment including Transportation

(ii)Expenditure Towards Installation Services

(iii)Expenditure Towards Civil works

(iv)Expenditure Towards Structural works (Site Fabricated)

The total Expenditure towards Supply-cum-Installation-cum-Civil works of Cross Country Conveyor System in INR is subject to the maximum limit (Specific to Project ) in line with Clause 10.2.1 below.

(c)**Expenditure Towards Construction of Private Railway Siding: Expenditure for Private Railway Siding INR subject to the maximum limit (Specific to Project) in line with Clause 10.2.1 below.

(d)Base Mining Fee: Base Mining Fee per tonne of coal produced for average Strip Ratio of […] including crushing charges

(e)**O&M Charges for Cross Country Conveyor System (₹/MT)

(f) **O&M Charges for Private Railway Siding (₹/MT)

**Note- The provision are project specific and may change as per project requirement

Note 1: Escalation on Base Mining Fee shall be as per Schedule-11 of Project Agreement (Vol-II).

Note 2: Bidders shall quote their prices for the Price Components mentioned at 10.2 (a) and 10.2 (b) in the Price Schedule (in Excel Format) not exceeding the limits specified therein.

10.2.1Bidder shall be responsible for all activities required for construction of R&R Colony

at site. Bidders shall be required to quote the Expenditure towards construction of R&R Colony in INR. However the Expenditure towards construction of R&R Colony, which shall be inclusive of all taxes, duties, levies, octroi, license fees etc, as applicable on construction of R&R colony, shall not exceed [INR --------Million [ specific to project ].

The Selected Bidder shall develop the R&R Colony following Good Industry

Practices and meeting the Technical requirements to be provided by NTPC. Further, the Selected Bidder shall develop the R&R Colony in accordance with Schedule 2 of Volume II: Project Agreement. NTPC reserves the right to inspect the facilities on its own or through a

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third party agency.

Further NTPC shall release Expenditure towards construction of R&R Colony in accordance with Schedule-16 of Volume II. The Expenditure towards construction of

R&R Colony shall be on firm price basis and shall not be subject to any adjustment, whatsoever, during the execution. The Expenditure towards construction of R&R Colony shall be inclusive of all taxes, duties, levies, octroi, license fees, etc. as may be applicable on development of the R&R Colony and no separate claim for payment/reimbursement in this regard shall be entertained by the Owner.

10.2.2 The Mining Fee shall be quoted for entire scope of work in accordance with Project Agreement. The Mining Fee shall be subject to price adjustment as per the provisions of the Project Agreement.

10.2.3 The Mining Fee quoted by the Bidder shall be lump sum and all inclusive except to the extent provided in Chapter 16 of Project Agreement.

10.2.4 In their own interest, the Bidders are requested to familiarize themselves with the Mines Act, the Income Tax Act 1961, the applicable Companies Act, the Customs Act, the Foreign Exchange Management Act, 1999 and all other Applicable Laws. NTPC shall not entertain any request for clarifications from the Bidders regarding the same. Non- awareness of the Applicable Laws or such information shall not be a reason for the Bidder to request for extension in Project Proposal Submission Date. The Bidder undertakes and agrees that before submission of its Project Proposal all such factors, as generally brought out above, have been fully investigated and considered while submitting the Project Proposal.

10.2.5As per extant Foreign Trade Policy of Govt. of India/Customs Acts & Notifications of Government of India, the benefits of concessional rate of custom duty (applicable for Coal Mining Projects) may be available to the Mine Operator for certain category of imports required under the Agreement.

10.2.6Bidders may like to ascertain themselves of the relevant policies and quote accordingly. The Owner shall issue the requisite Certificates as specified in the relevant Policy of Govt. of

India. However if such Certificates are required to be issued by any Department/Ministry of Government of India other than the Owner, the Mine Operator shall itself be responsible for obtaining such Certificate from the concerned Department/Ministry of Government of India. In such a case, the Owner may issue recommendatory letter to the Mine Operator. To enable the Owner to issue such Certificate/recommendatory letter, the bidder shall provide the requisite data such as item description of Import content, quantity and CIF Price of imported items etc. in its Proposal as per the prescribed format.

The Bidder may also include in its Price Proposal any such information which it feels, is required to be declared to enable the Owner to issue recommendatory letter/certificate.

Further the Mine Operator shall be solely responsible for obtaining benefit of concessional rate of custom duty from the Govt. of India. In case of failure of the Mine Operator to receive benefits of concessional rate of custom duty partly or fully from Govt. of India or if there is a delay in receipt of such benefits, the Owner shall neither be responsible nor be liable in this regard, in any manner whatsoever. The Mine Operator shall further note that Mining Fee shall not be adjusted on account of variation in or withdrawal of benefits of concessional rate of custom duty.

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11. EVALUATION METHODOLOGY FOR PRICE PROPOSAL

11.1 Evaluated Mining Fee i.e Total Price for the entire package for any bidder shall be sum of the following:

(A) Expenditure Towards Construction of R&R Colony quoted by Bidder

(B)Total Production Quantity for […] Years (i.e […] Million Tonne) for term of the Agreement x Base Mining Fee per tonne of Coal produced for average Strip Ratio of […] quoted by the Bidder.

Considering the above EVALUATION CRITERIA the price schedule has been prepared in excel sheet and uploaded in C-Folder of NTPC E-Tender Site which shall be used by the bidders for submission of price bid and for arriving Total Price for the Package for Evaluation. The same Excel Sheet shall be used by the Bidders for reverse Auction also.

11.2 Arithmetical errors, if any, will be rectified on the following basis:

If there is discrepancy between the unit price and the total price, which is obtained by multiplying the unit price and quantity, or between subtotals and the total price, the unit or subtotal price shall prevail, and the total price shall be corrected accordingly.

If there is a discrepancy between words and figures, the amount in words will prevail.

If the Bidder does not accept the correction of errors, its Bid will be rejected and the Bid Security may be forfeited in accordance with clause 12.4 (vii)(i)).

In case there is a discrepancy between the total price of the package mentioned in Basic Price Field of Item Data of NTPC E-Tender Site and total price of the package shown in Price schedule (Excel Sheet), then the total price of the package shown in Price schedule (Excel Sheet) uploaded by the Bidder and further subject to Arithmetical correction pursuant to the above provision, if any, shall be considered for further evaluation/Reverse Auction

11.3 AWARD CRITERIA

The Technically & Commercially responsive and evaluated lowest bidder after completion of Reverse Action as per Chapter-13 shall be considered for award and shall be designated as Selected Bidder.

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12 INFORMATION TO BIDDERS

12.1 The RFP Documents are not transferable and can be used for submitting the Proposals by the Party to whom the RFP Documents are issued. However after the closing date of issue of RFP Documents, if a Party, to whom the RFP Documents are issued, intends to transfer the RFP Documents to one of its member of group company who intend to submit its Proposals in place of the original recipient, it is permissible. In such event, such new member of Group Company shall become the new recipient of the RFP Document and all terms and conditions of the RFP Document shall apply to such new member of Group Company as if the RFP Document were originally issued to it. It will be the responsibility of the new recipient of the RFP Document to satisfy itself for the completeness and correctness of the RFP Document.

In case of Consortium applicant, if the Party to whom the Documents are issued, intends to transfer the Documents to the proposed Consortium who intends to submit its Proposal in place of the original recipient, it is permissible provided such Party shall be one of the members of proposed Consortium. In such event, the proposed Consortium shall become the new recipient of the Document and all terms and conditions of the Document shall apply to proposed Consortium as if the Document were originally issued to it. It will be the responsibility of the new recipient of the Document to satisfy itself for the completeness and correctness of the Document.

12.2 Joint Operating Agreement

Bidder, who meets Qualifying Requirement stipulated at Clause 7.1 on the strength /experience of its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company, shall be required to furnish a legally enforceable Joint Operating Agreement in original as per prescribed format.

12.3Consortium Operating Agreement

In case the Bidder is a Consortium and has sought qualification on the consolidated strength

/experience of all the Consortium members, Bidder shall be required to furnish a legally enforceable Consortium Operating Agreement in original as per prescribed format. Consortium Operating Agreement shall not be amended, modified and /or superseded by any agreement, deed or document by the Consortium Members.

The Selected Bidder (in case of bidding through Consortium Route) shall form a Joint Venture Company constituted under the applicable Indian Laws within 60 days of the Date of the issue of LOA. Any further agreement that may be entered into amongst the Consortium Members with respect to the Joint Venture Company shall not be contrary to or in conflict with the Consortium Operating Agreement. The composition and percentage shareholding of equity of the consortium members in Joint Venture Company shall be as declared in the Consortium Operating Agreement and no change in this regard shall be allowed till incorporation of the JV Company.

Upon being determined as selected Bidder by way of issuance of Letter of Acceptance, all the Consortium Members shall decide mutually the modality for developing and operating [NAME OF PROJECT] through formation of a Joint Venture Company constituted under the applicable Indian Law. Consortium Leader shall have at least 51% of the total paid up share Capital of the Joint Venture Company and each of the other Consortium members shall have at least 10% of the total paid up share Capital of the Joint Venture Company. All members of the consortium shall continue to retain above minimum holding till complete term of the Contract.

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No change in the equity share holding in the Joint Venture Company shall be allowed till the mine achieves 85% of the Contracted Capacity of the Project. After the Mine has achieved 85% of the Contracted capacity, the Consortium members shall continue to maintain their share holding in Joint Venture Company in such a manner that, the Consortium leader shall have at least 51% of the total paid up share capital of the Joint Venture Company and each of the other Consortium members shall have at least 10% of the total paid up share capital of the Joint Venture Company, till complete term of the Contract. Provided further that no change in the share holding of Joint Venture Company shall be permissible without prior consent of the Owner. The Owner may grant such consent subject to the terms & conditions as it may deem fit.

The Consortium shall necessarily identify one of the members as Consortium Leader, the authorisation for which shall be evidenced by submitting with the bid a Power of Attorney in favour of the Consortium Leader signed by legally authorised signatories of all the Consortium Members

The Consortium Leader shall be authorized to incur liabilities and receive instructions for and on behalf of any and all members of the Consortium and entire correspondence till the formation of Joint Venture Company shall be done exclusively with the Lead Member. Subsequent to its formation, Joint Venture Company shall be responsible for complete execution of the Contract. All payments under the Contract shall be made to the Joint Venture Company only.

In case of Consortium, the bid security, and in the event of award to Consortium the Contract Performance Bank Guarantee shall be in the name of all the members of the Consortium. However, obligations under above CPG shall not be affected by any change in the constitution or control of the Consortium and continue to be applicable to the Joint Venture Company formed by the Consortium in line with the provisions of bidding document.

12.4Earnest Money Deposit

i. The Bidder shall furnish, along with its Project Proposal, an EMD for an amount of [INR million]* initially valid for a period of 45 Days beyond the Project Proposal Validity Period in a separate sealed envelope in the form of crossed Demand Draft(s)/Pay Order(s)/Banker’s Cheque(s), irrevocable Letter(s) of Credit or bank guarantee(s). The

EMD, if furnished as a bank guarantee shall be from any bank acceptable to NTPC (to be provided along with Final Bidding Documents)as per the prescribed format. In case of foreign Bidders (Bidders having their registered office outside India), the bank guarantee can be from any other bank also in addition to the banks acceptable to NTPC. However in such a case, the bank guarantee shall be confirmed by one of the banks aceptable to NTPC.

_______________________________________________________________________

* For EMD of specific project, Bidders may please visit at: www.ntpctender.com and refer IFB Nos: 40034799, 40036521, 40036543 and 40036528

ii.The EMD shall be furnished in a separate sealed envelope. Any Project Proposals not accompanied by the EMD or Project Proposals submitted with inadequate EMD shall be

rejected by NTPC as being Non- Responsive and returned to the Bidder without being opened.

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iii.The Bidder shall ensure that the EMD remains valid for a period of 45 Days immediately following any extension of the Project Proposal Validly Period requested under Clause 12.7 of this RFP document.

iv.Bid Securities of the Bidder(s) whose Techno-Commercial Proposal has not been found acceptable, shall be returned along with letter communicating rejection of Techno- Commercial Proposal. The Bid Security of the Bidders who are unsuccessful after opening of Price Proposal shall be returned immediately after placement of award on the successful Bidder.

v.The Bid Security of the successful Bidder to whom the contract is awarded will be returned when the said Bidder has signed the Project Agreement and has furnished the required Contract Performance Guarantee and Performance Guarantees as the case may be pursuant to Clause 12.5 and Clause 12.6.

vi.No interests, charges or any amounts on/with respect to the EMD shall be payable by NTPC to any Bidder.

vii.Without prejudice to any other rights available to it under Applicable Laws, NTPC reserves the right to forfeit EMD of the Bidder without any notice of proof of damages to the Bidder on the occurrence of any one or more of the following events/circumstances:

i.if the Bidder withdraws or alters or modifies or revokes its Project Proposal,

partially or fully, during the Project Proposal Validity Period or any extension granted thereof as per terms of the RFP.

ii.if any of the claims /confirmations /statements /declarations of the Bidder is found to be incorrect or inconsistent or in case of any material misrepresentation of facts as per terms of the RFP.

iii.if the Bidder does not withdraw any deviation, variation and additional condition to the RFP documents read in conjunction with its Corrigenda/Amendment/Errata/Clarification/Addenda mentioned anywhere in its Project Proposal without any Price implication whatsoever to the Owner.

iv.if the Selected Bidder fails to sign the Project Agreement, in accordance with Clause 6.4.5 of this RFP document

v.if the Selected Bidder fails to submit the Contract Performance Guarantee within 30 Days of the issuance of the Letter of Acceptance as per the terms of this RFP.

vi.if the Selected Bidder fails to arrange and submit the Performance Guarantee(s) from any executants of JOA other than itself towards the due performance of terms and conditions contained in JOA within 30 Days of the issuance of the Letter of Acceptance.

vii. if the Bidder/his representatives commits any fraud while competing for this Contract pursuant to Fraud Prevention Policy of Employer/NTPC.

viii.in case the Bidder/Contractor is disqualified from the bidding process in terms of Section 3 and 4 of Integrity Pact.

ix.If the bidder does not accept the correction of its Bid Price pursuant to ITB Clause 11.2 above

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12.5 Contract Performance Guarantee

(a) Within 30 days of issue of Letter of Acceptance by NTPC, the Selected Bidder shall	furnish
a contract performance guarantee ("Contract Performance Guarantee") in the form of a
bank guarantee from any bank acceptable to NTPC (to be provided along with Final
Bidding Documents) as per the prescribed format, failing which, without prejudice to any
other rights of NTPC, the EMD of the Selected Bidder shall be forfeited; it is	being

clarified any such forfeiture and encashment of the EMD shall not in any manner entitle the Selected Bidder to provide NTPC with the Contract Performance Guarantee unless otherwise mutually agreed to by the Parties.

(b) The Contract Performance Guarantee shall be for an amount equivalent to 5% of the estimated annual contract value under the terms of the contract. The estimated annual contract value shall be: Mining Fee (Rate per tonne of coal) multiplied by Peak Annual Rated Capacity of the mine.

(c)The Contract Performance Guarantee shall be renewed / extended so as to remain valid for the entire term stated in the Project Agreement. It shall have a minimum initial validity period of a period of no less than ninety (90) days beyond the 5th anniversary of the Effective Date (as defined in Project Agreement) and shall be renewed / extended in steps of five (5) years , at least three (3) months prior to the expiry of the earlier validity. Failure to renew/extend the validity of the Contract Performance Guarantee with in the aforesaid stipulated period shall entitle NTPC to encash the Contract Performance Guarantee without any notice to the MDO. The Contract Performance Guarantee shall be unconditional, irrevocable and payable on demand to NTPC without delay or demur or prior notice to the Selected Bidder.

(d)The Contract Performance Guarantee shall not in any manner be construed as limiting the damages payable by the MDO to the Owner in accordance with the terms of the Project Agreement.

12.6Performance Guarantee (Additional)

(a)Each of those Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company, on whose strength / experience a Bidder has sought qualification in its Qualification Proposal and has furnished JOA along with its TECHNO-COMMERCIAL Proposal, shall be required to submit a performance guarantee ("Performance Guarantee") equivalent to 1% of the estimated annual contract value towards the faithful performance of terms & conditions contained in JOA in the form of a bank guarantee from any bank acceptable to NTPC (to be provided along with Final Bidding Documents) as per the prescribed format. The estimated annual contract value shall be Mining Fee (Rate per tonne of coal) multiplied by peak annual rated capacity of the mine.

(b)Further these Performance Guarantee(s) shall be in addition to the Contract Performance Guarantee. The Performance Guarantee shall be renewed / extended so as to remain valid for a period of no less than ninety (90) days beyond the 5th anniversary of the Effective Date and shall be renewed / extended in steps of five (5) years at least three (3) months prior to the expiry of the earlier validity. Failure to renew/extend the validity of the Performance Guarantee within the aforesaid stipulated period shall entitle NTPC to encash the Performance Guarantee(s) without any notice to the MDO/ executants of the

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JOA. The Performance Guarantee(s) shall be unconditional, irrevocable and payable on demand to NTPC without delay or demur or prior notice to the Selected Bidder or to the executants of the JOA.

(c)The Selected Bidder shall be required to arrange and submit the Performance Guarantee(s) within 30 Days of issue of Letter of Acceptance by NTPC failing which, without prejudice to any other rights of NTPC, the EMD of the Selected Bidder shall be forfeited or encashed; it is being clarified any such forfeiture or encashment of the EMD shall not in any manner entitle the Selected Bidder to provide NTPC with the Performance Guarantee unless otherwise mutually agreed to by the Parties.

12.7Project Proposal Validity

(a)The Project Proposal shall initially remain valid and binding on the Bidder for at least six (6) months from the date of opening of Techno Commercial Proposal ("Project Proposal

Validity Period"). Any Project Proposal with a shorter validity period may be rejected by NTPC as non-responsive.

(b)In exceptional circumstances, NTPC may solicit the Bidder's consent to an extension of the Project Proposal Validity Period. The request and responses thereto shall be made in writing or telefax or email followed by post confirmation. If a Bidder accepts to prolong the Project Proposal Validity Period, the EMD shall also be suitably extended failing which, the Project Proposal extension shall be invalid. A Bidder may refuse the request for extension in Project Proposal Validity Period without forfeiting its EMD. A Bidder accepting the request for extension of validity will be neither required nor permitted to modify its Proposal.

12.8Corrupt or Fraudulent Practices

NTPC requires that Bidders observe the highest standard of ethics during the procurement and execution of the Project Agreement. In pursuance of this policy, NTPC:

(a)defines, for the purposes of this provision, the terms set forth below as follows:

i."corrupt practice" means the offering, giving, receiving or soliciting, in any manner whatsoever, directly or indirectly, of anything of value to influence the decision or action of a public official or NTPC official or its engaged consultant(s) or advisor(s) during any stage of the procurement process or execution of the Project Agreement; and

ii."fraudulent practice" means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of NTPC, and includes collusive practice among Bidders (prior or after Proposal submission) designed to establish Proposal prices at artificial non-competitive levels and to deprive NTPC of the benefits of free and open competition;

(b) will reject a Proposal if it determines that	the Selected Bidder recommended for
award has engaged in corrupt or fraudulent	practices in competing for the Project in
question;

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(c)will declare the Person ineligible, either indefinitely or for a stated period of time, to be awarded a contract if NTPC at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing, a contract of the NTPC; and

(d)take any and all such actions as may be considered necessary or desirable by NTPC in the circumstances.

12.9Fraud Prevention Policy

The Bidder along with Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company / associates / collaborator/ sub- contractors / sub-vendors / Consultants / service providers shall strictly adhere to the Fraud Prevention Policy of NTPC displayed on NTPC tender website http://www.ntpctender.com("Fraud Prevention Policy") and shall immediately apprise the NTPC about any fraud or suspected fraud as soon as it comes to their notice. The Bidder shall furnish a certificate along with its Qualification Proposal in respect of adherence to the Fraud Prevention Policy of NTPC, specified at Clause Error! Reference source not found. as per the prescribed format. If in terms of above policy it is established that the bidder/his representatives have committed any fraud while competing for this contract then the bid security (EMD) of the bidder shall be forfeited. The Bidder along with their Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company / associates / collaborator/ sub-contractors / sub-vendors /Consultants / service providers shall observe the highest standard of ethics and shall not indulge or allow anybody else working in their organization to indulge in fraudulent activities during execution of the contract.

12.10Integrity Pact:

12.10.1 Bidders are required to unconditionally accept the “Integrity Pact (IP)” (executed on plain paper), as per format attached in C-Folder, which has been pre-signed by the Employer, and submit the same duly signed on all pages by the Bidder’s Authorized Signatory in a separate sealed envelope before stipulated Project Proposal submission time at the address specified in Data Sheet . Bidder and its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company / Consortium members shall individually sign Integrity Pact (IP) and shall be submitted in a separate sealed envelope before stipulated Project Proposal submission time at the address specified in Data Sheet. Bidder’s failure to comply with the aforesaid requirement regarding submission of ‘Integrity Pact (IP)’ shall lead to outright rejection of Project Proposal as being non-responsive and shall not be opened.

In case of selected bidder being a Consortium, in addition to above, after incorporation of Joint Venture Company, Integrity Pact shall be signed by the Joint Venture Company along with Project Agreement.

12.10.2 Independent External Monitors (IEMs)

In respect of this package, the Independent External Monitors (IEMs) would be monitoring the Bidding Process and execution of Project Agreement to oversee implementation and effectiveness of the Integrity Pact Program.

The following Independent External Monitor(s) (IEMs) have been appointed by NTPC, in terms of Integrity Pact (IP) which forms part of the NTPC Tenders/Contracts:

(i) Shri. A.N. Tiwari (IAS, Ex-CIC), (e-mail: antiwari@mac.com)

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(ii)Shri. V.S. Jain (Ex-Member, PESB), (e-mail : vsjain53@gmail.com)

(iii)Shri. Satyananda Mishra (IAS, Ex-CIC), (e-mail : satyananamishra@hotmail.com)

This panel is authorized to examine /consider all references made to it under this tender. The bidder(s), in case of any dispute(s) / complaint(s) pertaining to this package may raise the issue either with the designated 'Nodal Officer' in NTPC or directly with the IEMs at following Address:

NTPC Limited

EOC, "Parampara", Ground Floor

A-8A, Sector-24, Noida(UP)

The Independent External Monitors (IEMs) have the right to access without restriction to all Project documentations of the NTPC including that provided by the Mine Operator. The Mine Operator will also grant the Monitor, upon its request and demonstration of a valid interest, unrestricted and unconditional access to its Project Documentations. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder / Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company / Consortium members/Sub Contractors with confidentiality.

The Nodal Officer for necessary coordination in this regard shall be as under:

a)GM(CS) / AGM(CS) heading the concerned group: if the issue pertains to Contract Services

b)Head of Contracts & Materials Department: if the issue pertains to regional office

c)Head of concerned department: if the issue pertains to other departments

d)Head of Project: if the issue pertains to Project / Station

12.10.3If the Employer has terminated the Contract pursuant to Section-3 of the Integrity Pact (IP), NTPC shall encash the Contract Performance Bank Guarantee/Performance Guarantees, in accordance with Section 4 of Integrity Pact.’

12.11Misrepresentation by Bidder

If any claims/confirmations/ statements/declarations made by the Bidder in its Proposal or in

response to any subsequent query by NTPC, is found to be incorrect or inconsistent or in case of

any material misrepresentation of facts, such Proposal	shall be liable for rejection and the EMD
liable to be forfeited or encashed by NTPC.
However, any minor infirmity/ nonconformity/ irregularity	that does not constitutea material

misrepresentation of facts and does not prejudice or affect the relative ranking of any Bidder as a result of evaluation by NTPC, may be allowed at the sole discretion of NTPC.

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12.12Disqualifications

12.12.1Notwithstanding anything to the contrary contained herein and without prejudice to any of the rights or remedies of NTPC, a Bidder shall be disqualified and its Proposals dropped from further consideration in Bidding Process for any of the reasons listed below:

(a)Misrepresentation by any Bidder in the Proposal.

(b)Failure by the Bidder to provide necessary and sufficient information as required and asked for in the RFP.

(c)A winding up/insolvency or other proceedings of a similar nature is pending against the Bidder.

(d)The company ceases to fulfil qualification criteria mentioned in RFP during Bidding Process and as per the terms of RFP.

(e)If the Project Proposal submitted by the Bidder are found to have been tampered or differ from the RFP available with NTPC, the Proposal of such Bidder shall be rejected.

(f)Or any other reasons as deemed fit.

12.2.2 If information becomes known after the Bidder has been qualified/Shortlisted, at any stage, to proceed with the Bid Process, which would have entitled NTPC to reject or disqualify the Bidder, NTPC reserves the right to reject or disqualify that Bidder at the time, or at any time, such information becomes known to it. NTPC’s determination that one or more of the events specified under this chapter has occurred shall be final and conclusive

12.2.3Notwithstanding anything contained in this RFP, NTPC reserves the right to reject any Proposal or to annul the Bidding Process or reject all Proposals, at any time, without

any liability or any obligation for such rejection or annulment, without assigning any reasons whatsoever.

12.13Further Information

12.13.1If at any time during the evaluation process NTPC requires any clarifications,

NTPC reserve the right to request such information from any Bidder. Bidders shall be obliged to provide the same within a reasonable time frame.

12.13.2Strict adherence to the formats wherever specified, is required. Wherever, information has been sought in specified formats, the Bidder shall refrain from referring to brochures/ pamphlets. Non-adherence to formats and/ or submission of incomplete information may be grounds for declaring the Bid non-responsive. Each format has to be duly signed and sealed by the Bidder.

12.13.3The decision of NTPC at Pre Bid or on any issue shall be final and binding upon all the Bidders.

12.13.4Each Bidder must keep NTPC informed at all times during the bidding process about any litigation involving the Bidder and/or its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company or members of

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Consortium. NTPC has the right to disqualify any Bidder if such litigation in NTPC’s opinion may adversely affect the ability of the Bidder to meet its obligations towards NTPC under the bidding process

12.14Number of proposals and respondents: Each Bidder shall submit only one Proposal. Bidder shall submit only one Proposal, either individually as Bidding Company or as a Member in a Bidding Consortium. It is further clarified that any of the Bidder’s Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company or members of Consortium shall not separately participate directly or indirectly in the same bidding process. Further, if any Bidder is having a Conflict of Interest with other Bidders participating in the same bidding process, the Bids of all such Bidders shall be rejected.

12.15Confidentiality of information provided by the Bidder

12.15.1The Bidder may request NTPC to treat specific data or information contained in its Proposal and / or any other information, reports, data, software or other material provided by Bidder as confidential. NTPC, its consultants and their representatives will

take reasonable precautions to protect the confidentiality of such data or information, provided it is clearly identified as confidential on the page(s) on which it appears and shall not disclose any such Confidential Information to any third party without the prior written consent of the Bidder.

12.15.2However, any or all data/information provided as a part of the Proposal and / or any other information, reports, data, software or other material may be made available to any Government Authority, as required under Applicable Law without any prior intimation to the Bidder. In any event, neither NTPC, nor its consultants nor any of their representatives will be responsible or liable for any disclosure of data/information in accordance with this Chapter. Further any information as may be required to be provided to a third party pursuant to the Right to Information Act, 2005 shall be

excluded from such confidentiality obligations and NTPC reserves its right, exercisable at its discretion, to disclose any such information relating to the Bidder/contained in its Proposal, as may be necessary to comply with the requirements of the Right to Information Act, 2005.

12.15.3The request for grant of access to any privileged, proprietary, or otherwise confidential data/information supplied by, or pertaining to other Bidders responding to this RFP shall not be considered and accepted by NTPC under any circumstances.

12.16Dispute Resolution: Dispute resolution shall be as per the provisions of the Project Agreement.

12.17Assignment

12.17.1The Mine Operator shall not, without the express prior written consent of the Owner, assign to any Third Party the Agreement or any part thereof, or any right, benefit, obligation or interest therein or thereunder.

The Owner shall not, without the express prior written consent of the Mine Operator, assign to any Third Party the Agreement or any part thereof, or any right, benefit, obligation or interest therein or there under

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12.17.2 In case, Mine Operator is a single corporate entity, assignment of the contract to its existing or a new Subsidiary may be considered by NTPC within five years of award of contract subject to the following:

i.The Assignee will meet the specified qualifying requirements, on the date of such proposed assignment, in the same manner as if it had been the Mine Operator.

ii.The Assignee shall execute the JOA with the Mine Operator. In case of existing JOA, Executants of the existing JOA shall execute a fresh JOA with such Assignee which shall be 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

iii.The Assignee shall provide Contract Performance Guarantee pursuant to clause 6.2 Vol-II of RFP documents.

iv.The Mine Operator shall provide a Performance Guarantee equivalent to 1% of the estimated annual contract value under the terms of the contract towards the faithful performance of terms &conditions contained in JOA. The estimated annual contract value shall be: Mining Fee (Rate per tonne of coal) multiplied by Peak Annual Rated Capacity of the mine.

v.The Contract Performance Guarantee submitted by the Mine operator shall be returned after the Assignee provides Contract Performance Guarantee and the Mine Operator provides a Performance Guarantee pursuant to clause (iv) above.

12.18SUB CONTRACTING

(a)In case Mine Operator would like to outsource/sub-contract the work as stipulated in Clause 12.3 of the Project Agreement then it shall submit details of experience of parties to whom it would like to sub-contract the work involved during development stage and Operations stage, for approval of the owner based on the Sub QR for the Sub Contractors stipulated at Clause 12.3 of the Project Agreement.

(b)Within 6 months of issue of LoA, Mine Operator shall submit its detailed Plan of outsourcing/ sub-contracting along with experience details of likely parties to whom it may sub contract the work, for the approval of the Owner based on Sub QR requirements as stipulated at Clause 12.3 of the Project Agreement. Mine Operator may revise its plan for outsourcing/sub-contracting later on, as per its requirement, with prior approval of owner.

(c)The detailed provisions with respect to Sub Contracting have been specified in Chapter 12 of Project Agreement.

(d)No adjustment in quoted Mining fee shall be permitted, regardless of whichever sub-contractor is approved by the Owner.

12.19Notwithstanding the provisions regarding forfeiture of Earnest Money Deposit specified in Clause 12.4 (vii) of this RFP documents , if a Bidder after having been issued the Letter

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of Acceptance, either does not sign the Project Agreement as per Clause 6.4.5 of this RFP document or does not submit an acceptable Contract Performance Guarantee / Performance Guarantee in line with the provisions of the Contract and which results in tender being annulled then such bidder shall be treated ineligible for participation in retendering of this particular package.

12.20 Policy for Withholding and Banning of Business Dealings

The Owner has in place a Policy for withholding and Banning of Business Dealings as enclosed at Schedule-7 of Vol-II, Project Agreement. Business dealings may be withheld or banned with the Bidder/Mine Operator on account of any of the grounds and following the procedures as detailed in the said Policy for withholding and Banning of Business Dealings.

12.21 NTPC have entered into an Agreement dated 30.03.2015 with Govt. of India (hereinafter called Allotment Agreement) for allocation of [NAME OF THE PROJECT]. The copy of the same is enclosed as Schedule-17 of the Project Agreement.

In case of default on part of NTPC under the provisions of Allotment Agreement due to reasons attributable to Contractor/MDO, which interalia attracts any Penalty on NTPC and/or appropriation of Performance Security furnished by NTPC to Govt. of India and/or termination of the Allotment Agreement, the Contractor/MDO shall be also liable for such Damages/penal actions imposed on NTPC, on back to back basis.The provisions regarding termination as defined in Allotment Agreement, if so invoked by Govt. of India, shall also be applicable to this Project Agreement.

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13. REVERSE AUCTION

13.1BUSINESS RULES OF REVERSE ACTION

A. Schedule for Reverse Auction: The Reverse Auction (RA) is tentatively scheduled on the date of opening of the Price Bid, as per the following timings:

Online Reverse Auction:

Start Time	: 02:00 PM
End Time	: 03:00 PM

B.Auction extension time : If a valid bid is placed within 5 minutes of End Time of the RA, then Reverse Auction duration shall get automatically extended for another 5 minutes from the existing end time. It may be noted that the auto-extension will take place only if a valid bid comes in those last 5 minutes. If a bid does not get accepted as the lowest bid, the auto-extension will not take place even if that bid might have come in the last 5 minutes. The above process will continue till no bid is received in last 5 minutes which shall mark the completion of Reverse Auction. However, bidders are advised not to wait till the last moment to enter their bid to avoid complications related to internet connectivity, their network problems, system crash down, power failure etc.

C.Bid Price

Bidder has to quote the following in the Excel Sheet of the Price Schedule:

(a)Expenditure towards Construction of R&R Colony to be funded by Owner

(b)Base Mining Fee per Tonne of Coal produced for average Strip Ratio

The Excel Sheet would automatically calculate the Total Price of the Package and convert the same into Thousands Indian Rupees (TINR) which should be put in the Basic Price field. The auction would be conducted on TINR basis only.

D.Post auction procedure: NTPC will proceed with the Lowest Bid received in the Reverse Auction for further processing and award considerations.

E.Procedure of Reverse Auctioning

i.All bidders are to submit their Price Bid including Price Schedule along with submission of Techno- Commercial bid as per schedule mentioned in Data Sheet.

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ii.Online Reverse Auction: The ‘Opening Price’ i.e. start price for RA will be as decided by NTPC in TINR.

iii.Bid Decrement shall be 0.1% of current L1 bid price.

iv.Bidders, by offering a price equal to or lower than the “Next Valid Bid, can become “L1” Bidder and this continues as an iterative process.

v.After completion of the online Reverse Auction, the Closing Price (CP) shall be available for further processing.

F.If no bid is received in the auction system/ website within the specified time duration of the online RA, then NTPC will scrap the online Reverse Auction process and proceed with the Bid Price received through e-tendering for further processing.

G.Only those bidders who have submitted the ‘‘Price Bid alongwith Price Schedule’ within the scheduled time and who are considered technically and commercially responsive, shall be eligible to participate in RA process.

H.Online Reverse Auction shall be conducted by NTPC on pre-specified date and time, while the bidders shall be quoting from their own offices/ place of their choice. Internet connectivity shall have to be ensured by bidders themselves.

During the RA, if a bidder is not able to bid and requests for extension of time by e- mail/fax, then time extension of additional 15 minutes may be given by NTPC provided such requests come at least 5 minutes before auction end time and no bid is received by NTPC till that time.

However, in order to ward-off such contingent situation, bidders are requested to make all the necessary arrangements/ alternatives whatever required so that they are able to circumvent such situation and still be able to participate in the Reverse Auction successfully. Failure of power or loss of connectivity at the premises of bidders during the Reverse Auction cannot be the cause for not participating in the Reverse Auction. NTPC shall not be responsible for such eventualities.

Proxy bids : Proxy bidding feature is a pro-bidder feature to safeguard the bidder’s interest of any internet failure or to avoid last minute rush. The proxy bidding feature allows bidders to place an automated bid in the system directly in an auction and bid without having to enter a new amount each time a competing bidder submits a new offer. The bid amount that a bidder enters is the minimum bid price in TINR that the bidder is willing to offer. Here the software bids on behalf of the bidder who has quoted the lowest “Minimum Bid Price”, the price which is one decrement less than the next bidder’s bid price. This obviates the need for the bidder participating in the bidding process until the minimum bid amount is decrementally reached by other bidders. When any bidder

Instruction to Bidders for Development and Operation of [Name of the Project] Page 59 of 78

quotes a price lower than the existing lowest bid amount, the bidder (who had earlier submitted the lowest bid) has an option to once again start participating in the bidding process by quoting a price equal or lower than the next valid bid price. However, it may please be noted that if the current bid matches the minimum bid of the lowest bidder submitted earlier, the bid submitted by the lowest bidder will be recognized as the L1 at that instant.

During the course of bidding, the bidder cannot delete or increase such amount but can always reduce the same depending upon the amount quoted by other bidders.

Proxy bids are fed into the system directly by the respective bidders. As such this information is privy only to the respective bidder (s).

I.Bidders are advised to get fully trained and clear all their doubts such as refreshing of Screen, quantity being auctioned, tender value being auctioned, auction rules etc.

J.After completion of the Reverse Auction event, based on the final price quoted by the bidders in TINR, successful bidder shall submit item wise price break up for all the items to NTPC in the prescribed format / price break up sheet { Price Schedule Excel Sheet uploaded by NTPC in ‘C’ Folder} within 2 hours of conclusion of the R.A.

While preparing item wise price break up, L1 Bidder shall apply uniform % discount over the original items rate quoted in the Price Schedule, except on Expenditure towards Construction of R&R Colony, item rate for which shall be taken as per the originally quoted bid price, i.e. price quoted by the bidder prior to RA, in order to arrive at the final Total Price of the Package after completion of RA. In this regard, it is to inform that NTPC has developed an excel model of Price Schedule for RA, incorporating the aforesaid principle, wherein after keying in the final price offer received in the RA in TINR, the final item rates, for each and every items, shall automatically appear. Accordingly, the L1 bidder shall submit its item wise price break up, dully filled in Price Schedule Excel Sheet uploaded by NTPC in ‘C’ Folder.

Bidders to note that Expenditure towards Construction of R&R Colony as quoted in the Bid Price Schedule prior to RA shall only be considered during submission of Final Price Schedule. Uniform Discount Rate shall not be applicable on quoted price of Expenditure towards Construction of R&R Colony.

Bidder shall not be allowed or permitted to increase the item rate of any item earlier quoted in the Price Schedule submitted alongwith Price Bid.

Bidder to note that the final Total Price of the package as per item wise detailed break- up shall not exceed the final Total Price of the Package received after completion of RA, which means any difference due to approximation shall be adjusted to auction price received.

Instruction to Bidders for Development and Operation of [Name of the Project]

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K.Any variation between the final bid value and that in the confirmatory price breakup, except approximation made in final bid value, sent through registered e-mail will be considered as tampering the tender process and will invite action by NTPC as per extant guidelines in vogue.

L.Bidders shall be assigned a Unique User Name & Password by NTPC. Bidders are advised to change the Password after the receipt of initial Password from NTPC to ensure confidentiality. All bids made from the Login ID given to the bidders will be deemed to have been made by the bidders/ bidders’ company.

M.Bidders shall be able to view the following on their screen along with the necessary fields during Online Reverse Auction :

i.Start Price

ii.Decrement value

iii.Rank of the bidder

iv.Current bid of the bidder (Unit Rate)

v.Minimum Bid placed by the bidder (Unit Rate)

vi.Current Bid Value of the Bidder (Total Bid Price)

vii.Best Bid in the Auction (Current L1 Price)

viii.Next Valid Bid (Unit Rate to be quoted in order to become L1)

ix.Minimum Bid Price (Bidder to enter his minimum Bid Price here- Unit Rate)

N.Upon receipt of the system report after completion of the Online Reverse Auction, L1 will be considered for further processing. NTPC’s decision on award of contract shall be final and binding on all the Bidders.

O.NTPC reserves the right to cancel/reschedule/extend the Reverse Auction process/ tender at any time, before ordering, without assigning any reason

P.NTPC shall not have any liability to bidders for any interruption or delay in access to the site irrespective of the cause. In such cases, the decision of NTPC shall be binding on the bidders.

Q.Other terms and conditions shall be as per bidder’s techno-commercial offers and as per NTPC’s bidding documents and other correspondences, if any, till date.

R.Bidders are required to submit their acceptance to the stipulated terms and conditions before participating in the Reverse Auction

13.2TERMS AND CONDITIONS OF REVERSE ACTION

Against this Tender enquiry for the subject package with detailed scope of Services as per bidding document, NTPC shall resort to “REVERSE AUCTION PROCEDURE”. The philosophy followed for Reverse Auction shall be English Reverse (No ties).

Instruction to Bidders for Development and Operation of [Name of the Project]

Page 61 of 78

A.For the Reverse Auction, technically and commercially acceptable bidders only shall be eligible to participate.

B.Bidders shall ensure online submission of their ‘Bid Price’ within the auction period.

C.NTPC will provide all necessary training and assistance before commencement of reverse auction. NTPC, in case so required, shall arrange to demonstrate/ train the bidder or bidder’s nominated person(s), without any cost to bidders. NTPC shall also explain the bidders, all the rules related to the Reverse Auction/ Business Rules Document to be adopted along with Reverse Auction manual.

D.Business rules for Reverse Auction like event date, time, bid decrement, extension etc. shall be as per the business rules, enumerated at 13.1 above, for compliance.

E.Bidders have to accept ‘Terms & Condition’ and the ‘Business rules of Reverse Auction’ before start of Reverse auction. Without this, the bidder will not be eligible to submit bid in the Reverse Auction.

F.In line with the provisions of bidding document , NTPC will provide the Price Schedule format in MS EXCEL sheet which will help to arrive at “Total Price of the package for Evaluation. Bidder may take help of the excel sheet and keep it ready for keying in their Bid Price during the Reverse Auction.

G.Reverse auction will be conducted on scheduled date & time, which shall be intimated to the eligible bidders in advance.

H.After conclusion of the Reverse Auction event, the lowest bidder has to e-mail from its registered e-mail id, the itemized breakup of the final prices quoted during the online Reverse Auction duly signed by the authorized person, in the prescribed Price Schedule Excel Sheet format including that of line items, if required, within two (2) hours of Auction end time without fail.

I.Bidders should acquaint themselves of the ‘Business Rules of Reverse Auction’ stipulated at 13.1 above

J.If the Bidder or any of his representatives are found to be involved in Price manipulation/ cartel formation of any kind, directly or indirectly by communicating with other bidders, action as per extant NTPC guidelines, shall be initiated by NTPC.

K.The Bidder shall not divulge either his Bids or any other exclusive details of NTPC to any other party.

L.Period of validity of Prices received through Reverse Auction shall be same as that of the period of validity of bids offered.

M.Bidders should also note that:

Instruction to Bidders for Development and Operation of [Name of the Project]

Page 62 of 78

i.Bidders may note that, although extension time is ‘X’ minutes, there is a time lag between the actual placing the bid on the local computer of the bidder and the refreshing of the data on to the server for the visibility to the Owner.Considering the processing time for data exchange and the possible network congestion, bidders must avoid the last minute hosting of the Price Bid.

ii.Participating bidder will agree to non-disclosure of trade information regarding the purchase, identity of NTPC, bid process, bid technology, bid documentation and bid details.

iii.Bidder is advised to understand Proxy Bidding process as a protection against technical failure.

iv.It is brought to the attention of the bidders that the bid event will lead to the final price only.

v.Technical and other non-commercial queries (not impacting price) can only be routed to the NTPC contact personnel indicated in the bidding documents.

vi.Order finalization and post order activities such as payment etc would be transacted directly between successful bidder and NTPC.

vii.Order shall be placed outside the e-portal & further processing of the PO shall also be outside the system.

viii.In case of any problem faced by the bidder during Reverse Auction and for all Bidding process related queries, bidders are advised to contact the persons indicated for the concerned location/project office in “Contact Us” link provided on the log-on page of NTPC e-tender portal.

ix.Bidders are advised to visit the auction page and enter the ‘live auction’ cockpit successfully well in advance to identify / rectify the problems to avoid last minute hitches.

x.NTPC will not be responsible for any PC configuration/Java related issues, software/hardware related issues, telephone line glitches and breakdown / slow speed in internet connection of PC at Bidder’s end.

xi.Bidders may note that it may not be possible to extend any help, during Reverse Auction, over phone or in person in relation to rectification of PC / Internet / Java related issues and Bidder may lose the chance of participation in the auction.

N.For access to the Auction site, the following URL is to be used: https://etender.ntpclakshya.co.in

Login ID and Password: Use your personal Login ID and Password to participate in the online event

Click on “Process Bid” and subsequently on “Live Auction document number”.

Click on “Live Auction” to launch Live Auction. Live Auction Cockpit shall appear on the screen after accepting the Terms & Conditions by the bidder.

Enter Item Rate in the “Bid Price/Minimum Bid Price (in case of Proxy Bidding)” field for each item and press “Submit” to quote in Live Auction. A confirmation

Instruction to Bidders for Development and Operation of [Name of the Project]

Page 63 of 78

prompt showing total Bid Price shall appear on the screen which is required to be confirmed. In case of any mistake in entering the price, click on the “No” button to re-enter the Prices.

In case the Prices are accepted by the system, it prompts “Your bid for the line item # has been successfully submitted” otherwise message “Bid price is too high; Bid rejected for the following line item #” (#-respective line item no)

In case the Auction is paused by the Buyer, a prompt will appear on the screen conveying the message

Similar prompt will also come on resuming of the Auction, Time Extension of the Auction and Close of Auction

O.No queries shall be entertained while Reverse Auction is in progress.

P.In case user ID is locked, you are requested to call helpdesk at +91-9650999639.

USER HELP

1.Log on to https://etender.ntpclakshya.co.in

2.Enter your Login ID & Password. Click on the link ‘Login’

3.You will reach your account Home Page, Click on the required Auction Number and then on the Live Auction link to enter the Auction Cockpit.

4.You will enter the Auction Cockpit.

Check points for starting real time auction

Check the details of Reverse Auction participating for,

Had taken the vendor training

Correct Item name that is set for Reverse Auction

Instruction to Bidders for Development and Operation of [Name of the Project]

Page 64 of 78

Instruction to Bidders for Development and Operation of [Name of the Project]

Page 65 of 78

FORMAT FOR JOINT OPERATING AGREEMENT

(On Non-Judicial Stamp Paper of Appropriate Value)

This Joint

Operating Agreement

("JOA") is executed on

this [

] day of [

]

Two

thousand [

] between M/s [

], a company incorporated under the laws of [

] and

having its

at [

the

registered office or principal place of business

] (hereinafter called

"Bidder" which expression shall include its successors, executors and permitted assigns) and

[		] a company incorporated under the laws of [								]	and having its registered office or
			place of business at [
principal						] (hereinafter called the "Operating Partner - 1", which
expression shall include its successors, executors and permitted assigns);
And [			] a company incorporated under the laws of [								] and having its registered office or
			place of business at [								the "Operating Partner - 2", which
principal							] (hereinafter called

expression shall include its successors, executors and permitted assigns).

The Operating Partner – 1 and Operating Partner – 2 are collectively referred to as the "Operating Partners".

The Bidder and the Operating Partners are hereinafter referred to individually as Party and collectively as Parties.

[Note to Bidders: The Bidders should provide details of their Subsidiary (ies) and/or

Holding Company and/or Subsidiary (ies) of its Holding Company whose experience had been offered for evaluation in the Covering Letter of Qualification Proposal]

WHEREAS

A.	NTPC Limited, a	company incorporated under the Companies Act, 1956, and
	having its registered office at NTPC Bhawan, Scope Complex, 7, Institutional Area,
	Lodhi Road, New	Delhi-110003, India ("NTPC") intends	to develop ,construct and
	operate [NAME OF THE PROJECT] by appointing Mine		Developer cum Operator
	(MDO).

B.In order to meet the Technical criteria of Qualifying Requirements stipulated in Chapter 7 of Instructions to Bidders, Vol-I of RFP Document, the Bidder has relied on the strength of its Subsidiary (ies) and/or Holding Company and/or Subsidiary (ies) of its Holding Company and is therefore required to enter into this JOA to bind the Operating Partners to the provisions of the Project Agreement ("Project Agreement").

C.The Operating Partner – 1 is the *Subsidiary Company/ *Holding Company/ *Subsidiary of Holding Company of the Bidder. The Operating Partner – 2 is the *Subsidiary Company/ *Holding Company/ *Subsidiary of Holding Company of the Bidder.

D.	The Parties now wish to enter into this JOA in order to	create binding
Instruction to Bidders for Development and Operation of [Name of the Project]		Page 66 of 78

obligations in favour of NTPC to the extent set forth as follows.

NOW THEREFORE THIS AGREEMENT WITNESSETH AS UNDER:

1.All capitalised terms used herein if not otherwise defined shall have the same meaning as those ascribed to them in the Project Agreement.

2.In consideration of NTPC awarding the Project Agreement, to and in favour of the

Bidder inter alia relying on the strength and support of the Operating Partners to the Bidder pursuant to the terms of the RFP Documents, the Operating Partners hereby irrevocably and unconditionally agree and undertake to be jointly and severally be bound and liable for any and all acts and omissions of the Bidder, in the same manner and to the same extent as set forth in the Project Agreement. For the avoidance of doubt, it is clarified that:

(a)any service by NTPC of a notice pursuant to terms of the Project Agreement shall be deemed to be services of notice to the Operating Partners, on a several basis;

(b)	the Parties	hereby assume full responsibility and	liability for the
	performance	by the Bidder of its obligations in accordance	with and subject
	to the terms of the Project Agreement read with this JOA;

(c)the Operating Partners confirm that in the event the Bidder is successful in its bid and is awarded the Project Agreement, each of the Operating Partners shall

promptly

and

in no

event

later

than

t h ir t y

[30]

days following

the

E f f e c t i v e

Date,

furnish

Performance

Guarantee(s) in favour of

NTPC

for

an amount equivalent to 1% of the estimated annual

contract

value,

in

addition

to

Contract

Performance Guarantee to be provided by the Bidder;

(d)

subject to Clause 3 of this JOA, Upon any default, whatsoever by the Bidder

in

performing,

meeting

or otherwise complying with any of its obligations in

accordance with the terms of

the Project Agreement, NTPC may at any time

as

it deems

fit

and/or

appropriate in its sole discretion, without

giving

any

opportunity

of

recourse

to

the Bidder, require the Operating Partners to hold

NTPC harmless from and against any and all damages, losses, liabilities,

obligations, claims of any kind, interest, cost, fee, or expenses (including, without

limitation, reasonable attorneys' fees and expenses) suffered, incurred or paid by

NTPC, as a result of, in connection with or arising out of such default; and

(e)

the

obligations

of

the

Operating Partners or the rights

of

NTPC

hereunder,

shall

not

stand

revoked,

or otherwise

be

impaired

or mitigated

in any manner whatsoever, if there exists at anytime any dispute

before

any

court (whether in India or abroad), arbitration, claims,settlements, obligations,

expert

determination

or

similar proceedings under the Project Agreement

between the Bidder and NTPC;

3.Notwithstanding anything to the contrary contained in this JOA or the Project Agreement, the aggregate liabilities and obligations of the Operating Partners under or in connection with this JOA shall not exceed the aggregate liabilities and obligations of

Instruction to Bidders for Development and Operation of [Name of the Project]

Page 67 of 78

	the Bidder under the Project Agreement and it shall continue for at least 5 years or up
	to the time that the mine achieves 85% of the contracted capacity i.e.7 MTPA
	production rate , which ever is later; provided that nothing contained in this Clause 3
	shall deem to	affect the	rights	of NTPC that arise before such	time referred to
	above.
4.	The Operating	Partners	hereby	irrevocably and unconditionally	undertake, agree

and acknowledge that their respective obligations hereunder:

(a)are irrevocable, absolute and unconditional, irrespective of the value,

genuineness,		validity,	regularity or		enforceability of the			Services	of the
Project	Agreement,		or	the	insolvency,	bankruptcy, reorganisation,
dissolution, winding-up or liquidation					of the Bidder or any		change		in	the
ownership	of	the Bidder,		or any	purported assignment		by	the Bidder		or
any other		circumstances		whatsoever which		might otherwise constitute a
defence or discharge of a guarantor or surety;

(b)shall not be affected by the existence of or release or variation of any guarantee of or security for any of the obligations of the Bidder under the Project Agreement;

(d)shall not be affected by any failure by NTPC to pay or perform any of their obligations under the Project Agreement, or any waiver of any of such obligations;

(e)shall not be affected by any exercise or non-exercise of any right, remedy, power or privilege of any person under or in respect of any payment obligations of the Bidder under the Project Agreement; and

(g)shall not be affected by any failure, omission or delay on NTPC's part to enforce, assert or to exercise any right, power or remedy conferred on NTPC in this JOA or any such failure, omission or delay on NTPC's part in connection with any obligation of the Bidder under the Project Agreement.

5.Each Party hereby represents and warrants that:

(a)it is duly organized and validly existing under the laws of the jurisdiction of their organization, with full power, authority and capability to enter into this JOA

and to perform all acts and obligations contemplated herein;

(b)the signature and delivery of this JOA on its behalf and the exercise of its rights and performance of its obligations under this JOA have been duly authorised;

(c)this JOA has been duly signed and delivered by it and its obligations described in this JOA are legal, valid and binding obligations of such Party; and

(d)the execution and/or performance of this JOA:

(i)	will not conflict with or		violate	any	provision of	any of its
	constitutional	documents	/ charters	or	other	organizational
Instruction to Bidders for Development and Operation of [Name of the Project]						Page 68 of 78

document;

(ii)will not require any notice to or filing with, or any Approval of, any Authority or the consent of any third party;

(iii)	will not conflict with, result in a breach of, constitute (with or without
	due notice or lapse of time or both) a default under, result in the
	acceleration of obligations under, create in any person the right to
	terminate, modify or cancel, or require any notice, consent or waiver
	under, any contract or instrument to which such Party is a party or by
	which such Party is bound or to which any of such Party's assets are
	subject;

(iv)will not result in the creation or enforcement of any Security Interest upon any assets of the Bidder;

(v)will not violate any Applicable Law or any order, writ, injunction, or decree applicable to it;

6.	This JOA shall be construed and interpreted in accordance with the laws of India.
	In the event of any dispute or claim of any kind whatsoever that may arise between
	the Parties or NTPC as a result of construction, interpretation or application of any of

the terms and conditions of this JOA, such dispute shall be settled in accordance with terms of the Project Agreement.

The courts of Delhi shall have exclusive jurisdiction in all matters under this agreement.

7.Subject to Clause 3, the Parties hereby acknowledge and agree that this JOA has been executed for the sole benefit of NTPC and for the specific purpose of ensuring

that NTPC receives the benefits of the Bidder's services under and in accordance

with	the	Project		Agreement.	Accordingly,		NTPC		shall, notwithstanding
anything contained				herein, at	all times	have		the	right to enforce		the
performance		by	the	Operating	Partners of their			obligations pursuant		to	this
JOA	read	with	the	Project	Agreement	and	the	Operating Partners		hereby

irrevocably and unconditionally waive any defence, rights or protection that they may have in law, contract or otherwise in this regard.

8.None of the Operating Partners shall assign or delegate its rights, duties or

obligations under this JOA and the Project Agreement in any manner whatsoever, except with prior written consent of NTPC.

9.We, the Operating Partners agree that this Agreement shall be irrevocable and shall form an integral part of the Contract. We further agree that this Agreement shall continue to be enforceable 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.

10. The terms and conditions of this	JOA shall not be amended or	modified, except
with prior written consent of NTPC.
Instruction to Bidders for Development and Operation of [Name of the Project]		Page 69 of 78

IN WITNESS WHEREOF, the Parties have, through their authorised representatives, executed these presents and affixed the common seals of their respective companies on the day, month

and year first mentioned above at ----------	(Place).
On behalf of the Bidder	On behalf of the Operating Partner -1
Name:	Name:
Designation:	Designation:
Common Seal of the Bidder	Common Seal of the Operating Partner 1
Witness-1	Witness-1
Witness-2	Witness-2

On behalf of the Operating Partner –2

Name:

Designation:

Common Seal of the Operating Partner 2

Witness-1

Witness-2

Note: 1. The estimated annual contract value shall be: Mining Fee multiplied by Seven (7) million tonnes i.e. peak annual rated capacity of the mine.

2. Notarized Power of Attorney of the Persons signing the Joint Operating Agreement along with Board Resolution in support of Power of Attorney shall necessarily be furnished and to be attached with the signed Joint Operating Agreement..

Instruction to Bidders for Development and Operation of [Name of the Project]

Page 70 of 78

FORMAT CONSORTIUM OPERATING AGREEMENT

		(On Non-Judicial Stamp Paper of Appropriate Value)
This Consortium Operating Agreement ("COA") is executed on this [									] day of [		] Two
thousand [			] between M/s [			], a company incorporated under the laws of [					] and
having its		registered office or			principal place of business at [				] (hereinafter called

the "Consortium Member(1)") which expression shall include its successors, executors and permitted assigns) and

[		] a company incorporated under the laws of [				] and having its	registered office or
							the "Consortium
principal place of business at [				] (hereinafter called

Member(2)", which expression shall include its successors, executors and permitted assigns); and

[		] a company incorporated under the laws of [				] and having its registered office or
principal place of business at [				] (hereinafter called the "Consortium

Member(3)", ", which expression shall include its successors, executors and permitted assigns); and

We (Consortium Member(1), Consortium Member(2) and Consortium Member(3) ) have

formed a Consortium namely [		] (name of the Consortium) (here in after Called
“Consortium”) and having its principal place of business at [				] for the purpose of making

a bid and entering into the Contract (in case of award) against Bidding Document No […..]

We, the "Consortium" have selected [		] (name	of the	Consortium Member) as the
Consortium Leader and confirm that our Consortium			Leader	shall maintain at least 51%

shareholding of the total Paid up Share Capital and each of the other members of the Consortium shall maintain at least 10% shareholding of the total Paid up Share Capital in Consortium / Joint Venture Company to be incorporated pursuant to clause of this Consortium Operating Agreement at all the time during the complete term of the contract.

The Consortium Members and Consortium Leader are hereinafter referred to individually as Consortium Members and collectively as Consortium.

WHEREAS

A.	NTPC Limited, a	company	incorporated under the Companies Act, 1956, and
	having its registered office at		NTPC Bhawan, Scope Complex, 7, Institutional Area,
	Lodhi Road, New	Delhi-110003, India ("NTPC") intends to develop, construct and
	operate [ Name of the Project] by appointing Mine Developer-cum-Operator (MDO).

B.In order to meet the Technical and Financial Criteria set forth in Chapter 7 of the RFP, the Consortium has relied on the strength of consolidated experience of all the Consortium Members and is therefore required to enter into this COA to bind the Consortium Members to the provisions of the Project Agreement ("Project Agreement").

Instruction to Bidders for Development and Operation of [Name of the Project]

Page 71 of 78

C.The Consortium Members now wish to enter into this COA in order to create binding obligations in favour of NTPC to the extent set forth as follows.

NOW THEREFORE THIS AGREEMENT WITNESSETH AS UNDER:

1.All capitalised terms used herein if not otherwise defined shall have the same meaning as those ascribed to them in the Project Agreement.

2.In the event of NTPC awarding the Project Agreement, to and in favour of the Consortium inter alia relying on the strength and support of the Consortium Members to the Bidder pursuant to the terms of the RFP Documents, the Consortium Members, hereby irrevocably and unconditionally agree and undertake to be jointly and severally be bound and liable for any and all acts and omissions of the Bidder and / or the Joint Venture Company incorporated pursuant to Cl. 4 of this Agreement, in the same manner and to the same extent as set forth in the Project Agreement. For the avoidance of doubt, it is clarified that:

a)any service by NTPC of a notice pursuant to terms of the Project Agreement shall be deemed to be services of notice to the Consortium Members, on a several basis;

b)the Consortium Members hereby assume full responsibility and liability for the performance by the Consortium of obligations of Joint Venture Company in accordance with and subject to the terms of the Project Agreement read with this COA;

c)the Consortium Members confirm that in the event the Consortium is successful in its bid, Consortium Members shall furnish the Contract Performance Guarantee from a Bank in favour of Owner for a value as stipulated in the Bidding documents and this shall be in the name of all members of the Consortium;

d)subject to Clause 3 of this COA, Upon any default, whatsoever by the Joint Venture Company in performing, meeting or otherwise complying with any of its obligations in accordance with the terms of the Project Agreement, NTPC may at any time as it deems fit and/or appropriate in its sole discretion, without giving any opportunity of recourse to the Joint Venture Company, require the Consortium Members to hold NTPC harmless from and against any and all damages, losses, liabilities, obligations, claims of any kind, interest, cost, fee, or expenses (including, without limitation, reasonable attorneys' fees and expenses) suffered, incurred or paid by NTPC, as a result of, in connection with or arising out of such default; and

e)

the obligations

of

the

Consortium

Members

or

the

rights

of

NTPC

hereunder,

shall

not

stand

revoked, or

otherwise

be

impaired or mitigated in

any manner

whatsoever, if there exists at anytime any dispute

before any

court

(whether

in

India

or

abroad), arbitration, claims, settlements,

obligations,

expert

determination

or

similar proceedings under the Project Agreement

between the Joint Venture Company formed by Consortium in accordance with

provisions of Bidding Document and NTPC;

f) the Consortium Leader shall be authorized to incur liabilities and receive instructions for and on behalf of any and all members of the Consortium and

Instruction to Bidders for Development and Operation of [Name of the Project]

Page 72 of 78

entire correspondence till the formation of Joint Venture Company shall be done exclusively with the Lead Member. Subsequent to its formation, Joint Venture Company shall be responsible for complete execution of the Contract in accordance with Sl no 4 of COA. All payments under the Contract shall be made to the Joint Venture Company only.

3.Notwithstanding anything to the contrary contained in this COA or the Project

Agreement, the aggregate liabilities and obligations of the Consortium Members under or in connection with this COA shall not exceed the aggregate liabilities and obligations of the Joint Venture Company under the Project Agreement and Consortium Members shall be jointly & severally responsible and liable to NTPC for performance all contractual obligations and COA shall be valid for the entire period of Contract; provided that nothing contained in this Clause 3 shall deem to affect the rights of NTPC that arise before such time referred to above.

4.It is expressly understood and agreed between the members to this Agreement that upon being determined as selected Bidder all the Consortium Members shall decide mutually the modality for developing and operating [ Name of the Project] through formation of a Joint Venture Company constituted under applicable Indian Laws. Consortium Leader shall have at least 51% of the total Paid up Share Capital of the Joint Venture Company and each of the other Consortium members shall have at least 10% of the total Paid up Share Capital of the Joint Venture Company. All members of the Consortium shall continue to retain above minimum holding till complete term of the Contract.

5.The Consortium hereby confirm that the percentage share holding of the total Paid up Share Capital of the each consortium members in the Joint Venture Company shall be as under:

Sl.No	Status of the Consortium	% of the total Paid up
	Member	Share Capital in the
		Consortium
1	“Consortium Leader”
		(Minimum 51%)
2	“Consortium Member (1)”
		(Minimum 10%)
3	*“Consortium Member (2)”
		(Minimum 10%)

*Strike out , if not applicable

6.The Consortium Members agree and undertake that the Consortium Members shall hold and own their shareholding as per the terms of ITB and Project Agreement during the term of Contract.

7.It is further agreed between the Consortium Members to this Agreement that the responsibilities and obligations of each of the Member in the Consortium shall be delineated in Appendix-1 to this Agreement. It is further agreed by the Consortium members that the above sharing of responsibility and obligations shall not in any way be a limitation of joint and several responsibilities of the members under the contract.

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8. The Consortium Members hereby irrevocably and unconditionally undertakes, agrees and acknowledges that their respective obligations hereunder:

a)are irrevocable, absolute and unconditional, irrespective of the value,

genuineness,validity, regularity or enforceability of the Services of the Project Agreement, or the insolvency, bankruptcy, reorganisation, dissolution, winding-up or liquidation of the Consortium or any change in the ownership of

any of	the Consortium Member, or any	purported assignment by the Bidder
or any other circumstances whatsoever		which might otherwise constitute a
defence	or discharge of a guarantor or surety;

b)shall not be affected by the existence of or release or variation of any guarantee of or security for any of the obligations of the Bidder under the Project Agreement;

c)shall not be affected by any failure by NTPC to pay or perform any of their obligations under the Project Agreement, or any waiver of any of such obligations;

d)	shall not be affected by any exercise or non-exercise of any right, remedy,
	power or privilege of any person under or in respect of any payment obligations of
	the Bidder under the Project Agreement; and

e)shall not be affected by any failure, omission or delay on NTPC's part to enforce, assert or to exercise any right, power or remedy conferred on NTPC in this COA or any such failure, omission or delay on NTPC's part in connection with any obligation of the Bidder under the Project Agreement.

9.Each Consortium Member hereby represents and warrants that:

a)it is duly organized and validly existing under the laws of the jurisdiction of their organization, with full power, authority and capability to enter into this COA and to perform all acts and obligations contemplated herein;

b)the signature and delivery of this COA on its behalf and the exercise of its rights and performance of its obligations under this COA have been duly authorised;

c)this COA has been duly signed and delivered by it and its obligations described in this COA are legal, valid and binding obligations of such Consortium Member; and

d)the execution and/or performance of this COA:

(i)	will not conflict with or		violate	any	provision of	any of its
	constitutional	documents/	charters	or	other	organizational
	document;

(ii)will not require any notice to or filing with, or any Approval of, any Authority or the consent of any third party;

(iii)	will not conflict with, result in a	breach of, constitute (with or without
	due notice or lapse of time or	both) a default under, result in the
	acceleration of obligations under,	create in any person	the right to
	terminate, modify or cancel, or require any notice, consent or waiver
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under,		any contract or instrument to which such Consortium		Member
is	a	party or	by which such Consortium Member is	bound or
to	which any		of such Consortium Member 's assets are subject;

(iv)will not result in the creation or enforcement of any Security Interest upon any assets of the Consortium;

(v)will not violate any Applicable Law or any order, writ, injunction, or decree applicable to it;

10.This COA shall be construed and interpreted in accordance with the laws of India. In the event of any dispute or claim of any kind whatsoever that may arise between Consortium Members or NTPC as a result of construction, interpretation or application

of any of the terms and conditions of this COA, such dispute shall be settled in with accordance with terms of the Project Agreement. The courts of Delhi shall have exclusive jurisdiction in all matters under this Agreement.

11.Subject to Clause 3, the Consortium Members hereby acknowledge and agree that this COA has been executed for the sole benefit of NTPC and for the specific purpose of ensuring that NTPC receives the benefits of the Bidder's services under and in accordance with the Project Agreement. Accordingly, NTPC shall, notwithstanding anything contained herein, at all times have the right to enforce the performance by Consortium Members of their obligations pursuant to this COA read with the Project Agreement and Consortium Members hereby irrevocably and unconditionally waive any defence, rights or protection that they may have in law, contract or otherwise in this regard.

12.None of the Consortium Members shall assign or delegate its rights, duties or obligations under this COA and the Project Agreement in any manner whatsoever, except with prior written consent of NTPC.

13.We, the Consortium partners agree that this Agreement shall be irrevocable and shall form an integral part of the Contract. We further agree that this Agreement shall continue to be enforceable till the successful completion of Contract and till the Owner discharges it.

14. The terms and conditions of this COA shall not be amended or modified, except with prior written consent of NTPC.

IN WITNESS WHEREOF, the Consortium Members have, through their authorized representatives, executed these presents and affixed the common seals of their respective companies on the day, month and year first mentioned above at __--------------

-(Place).

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DECLARATION OF IMPORTS ALONG WITH CIF VALUE

To,

AGM (CS-IV)

NTPC Limited,

6th Floor, EOC, Plot No. A-8A,

Sector-24, NOIDA-201 301,

Distt. Gautam Budh Nagar (Uttar Pradesh),

INDIA

Dear Sir,

Sub: Development and Operation of [NAME OF THE PROJECT].

We confirm that we have examined the Foreign Trade Policy/Customs Acts & Notifications of Government of India as per which, the Owner is required to issue a certificate / recommendatory letter to enable us to avail the concessional customs duty on imports for development and operation of We understand that the coal Block. Accordingly, we are furnishing below the information required as per the Customs Act & Notifications of the Govt. of India. We understand and confirm that the information below shall be the basis for issuance of certificate/recommendatory letter by NTPC, if any and no subsequent change in the CIF value shall be permitted.

We further confirm that we shall be solely responsible for obtaining benefit of concessional rate of custom duty from the Govt. of India and in case of our failure to receive such benefits partly or fully from Govt. of India or if there is a delay in receipt of such benefits, the Owner shall neither be responsible nor be liable in this regard, in any manner whatsoever.

We further confirm that we will not claim for adjustment in Mining Fee and/or payment /reimbursement towards taxes, duties, levies etc. on account of variation in or withdrawal of Customs Duty Benefits for Imports.

A. Import Content

	Sl.No.	Description of Items	Quantity	CIF Value in Indian Rupees

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B.Declaration & Details regarding Customs Duty Benefits for Import of Construction Equipment

S.No.	Description of Items	Quantity	CIF Value in Indian Rupees

We confirm that aforesaid CIF value for Construction Equipment has not been included in A above. We also confirm that the Construction Equipment being proposed to be imported as above at 'B' shall be deployed at the Project Site for the purpose of execution of subject package.

We further confirm that we shall abide by the terms & conditions of relevant Customs Acts & Notifications of the Govt. of India in respect of Custom Duty benefits availed by us in import of Construction Equipment.

C. Any other information (Bidder to specify)

Thanking you, we remain,

Yours faithfully,

Date :

(Signature)........................................

Place :

(Printed Name)..................................

(Designation)....................................

(Common Seal)....................................

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