NTPC Limited
(A Government of India Enterprise)
Ramagundam Super Thermal Power Station
NOTICE INVITING TENDER (NIT)
FOR
“Replacement of Halon Fire Extinguishing System with inert gas system at Ramagundam STPS”
(Domestic Competitive Bidding)
NIT Ref.No:09/CS/15-16/OT-M-02/NIT-06/BI No 40042303 Date: 05/08/2015.
NTPC invites on-line bids from eligible Bidders for aforesaid package, as per the scope of work briefly mentioned hereinafter.
Brief Scope of Work & other Specific details: Replacement of Halon Fire Extinguishing System with inert gas system at Ramagundam STPS.
Brief Details:
Bid Invitation No. |
40042303 |
NIT Date |
05/08/2015. |
Document Sale Commencement Date & Time |
07/08/2015, 11:30:00 |
Document Sale Close Date & Time |
10/09/2015, 17:00:00 |
Source IFB/ NIT |
Ramagundam Super Thermal Power |
Contract Classification |
Services |
Last Date and Time for Queries / Clarification |
25/09/2015 17:00:00 |
Last Date and Time for Bid Submission |
10/10/2015, 11:00:00 |
Technical Opening Date & Time |
10/10/2015, 11:30:00 |
Cost of Bidding Document in INR |
5,625/- |
Estimated Value in Rs. |
12.50 Crores |
EMD in INR |
25,02,000/- |
Bid Security and Integrity Pact (if applicable) shall be submitted in a sealed envelope separately offline by the stipulated bid submission closing date and time at the address given below. Any bid without an acceptable Bid Security and Integrity Pact (if applicable) shall be treated as non-responsive by the employer and shall not be opened. All credential filled up formats & supporting documents as asked by NTPC are to be given online as attachments with the bid.
Any document submitted by the agency in hard copy other than EMD and Letter of Undertaking before bid opening, will not be considered. In spite of this condition, if any document is submitted by the agency in hard copy other than EMD and Letter of Undertaking, before bid opening shall be ignored and the offer submitted through the e-tendering shall be binding on the agency.
A complete set of Bidding Documents may be downloaded by any interested Bidder on payment (non-refundable) of the cost of the documents as mentioned above in the form of a crossed account payee demand draft in favour of NTPC Ltd., Payable at Ramagundam, DISTRICT: KARIMNAGAR or directly through the payment gateway at our SRM Site (https://etender.ntpclakshya.co.in/sap/bc/gui/sap/its/bbpstart). For logging on to the SRM Site, the bidder would require vendor code and SRM user ID and Password which can be obtained by submitting a questionnaire available at our SRM site as well as at NTPC tender site (www.ntpctender.com). First time users not allotted any vendor code are required to approach NTPC at least three working days prior to Document Sale Close date alongwith duly filled in questionnaire for issue of vendor code and SRM user ID/ Password.
Small Scale Industries registered for similar work with the NSIC shall be exempted from payment of tender cost / Earnest Money Deposit. SSI units registered with APSSIDC are also entitled for exemption of EMD / Tender Cost. Such parties can sent the request for Tender Documents along with copy of certificates self attested.
Small Scale Industries registered with NSIC / TSSSIDC shall be exempted from payment of Security Deposit up to the monetary limit for which the unit is registered with NSIC / TSSSIDC.
Tenderers seeking exemption should enclose a photocopy of valid Registration Certificate giving details such as validity, stores and monetary limits to the Package Coordinator / AGM (CS) at the address given below at least three working days prior to the last date of tender fee payment for getting the authorization for participating in the e-tendering.
Registered Cooperative Societies of Land Oustees recognized by NTPC, Ramagundam are exempted from submission of EMD / Bid Security for tenders with estimated value of upto Rs. Twenty (20) Lakhs Only.
Initial steps for participating in our E-tender is as per the table mentioned below:
Type of Vendor |
Required Document for viewing our tender document |
Vendors already having SRM Vendor Code and Password |
Before download/ viewing the tender document, bidder has to pay requisite tender fee either through payment gate way by clicking on “pay tender fee” after login in our SRM site or send D/D to us directly, which should reach us at least three working days prior to Last Date of Tender Fee Payment. |
Vendors already having SAP Vendor Code, but does not have SRM login ID and Password |
|
New Vendor neither having any vendor code in SAP nor any SRM login ID and Password |
|
Note:
https://etender.ntpclakshya.co.in/sap/bc/gui/sap/its/bbpstart
They can also reach our e-tender site (SRM login site) through www.ntpctender.com and clicking on Login (e-Tender)
|
|
Qualifying Requirements:
In addition to the requirements stipulated in Section Instructions to Bidder (ITB), the following shall also apply:
1.0 Technical Criteria
1.1 The bidder should have designed, supplied, erected and commissioned at least One (01) inert gas total flooding fire extinguishing system using inert gas as defined in NFPA-2001, having a total risk volume of at least 1000 cu.m. This system should have been designed to the recommendation of Tariff Advisory Committee of India or any other International reputed authority (like LPC-U.K./NFPA-USA/VDS/Japanese standard) and should be in operating condition for a period of not less than One (1) year prior to the date of Techno-Commercial bid opening.
OR
1.2 .0 The bidder should have designed, supplied, erected and commissioned at least One (01) fire protection system of Contract value not less than INR350 Lakhs (Indian Rupees Three Hundred Fifty Lakhs Only) in industrial installations. The fire protection system should have comprised of:
Fire Hydrant System.
High velocity water (HVW) spray or medium velocity water (MVW) spray or sprinkler system.
Fire water pumping and pressurising arrangement.
The systems mentioned above should have been designed to the recommendations of Tariff Advisory Committee of India or Oil Industry Safety Directorate (OISD) or any other International reputed authority (like LPC-U.K. or NFPA, USA) and this system should have been in successful operation for a period of not less than one (1) year prior to the date of Techno-Commercial bid opening. However, in such case, the bidder shall source the inert gas total flooding fire extinguishing system using inert gas as defined in NFPA-2001 from a sub-supplier who has designed and supplied atleast One (01) number of such system having a total risk volume of atleast 1000 cu.m. Further, the system must have been designed to the recommendation of Tariff Advisory Committee of India or any other International reputed Authority (like LPC-U.K/NFPA-USA/VDS/Japanese standard) and should have been in operating condition for a period not less than One (01) year prior to the date of techno commercial bid opening.
1.2.1 In such a case, the bidder shall furnish an undertaking jointly executed by him and the sub supplier of the system as per the format enclosed in the bidding documents for the satisfactory performance of the total flooding inert gas fire extinguishing system. This joint deed of undertaking shall be submitted along with the bid, failing which the bidder shall be disqualified and his bid shall be rejected. Further, in case of award, bidder's sub-supplier will be required to furnish an on demand bank guarantee for 1% (one percent) of the total contract price in addition to the contract performance security to be provided by the bidder.
2.0.0 Financial Criteria:
2.1.1 The average annual turnover of the bidder, in the preceding three (03) financial years as on the date of Techno-Commercial bid opening, should not be less than INR 730Lakhs (Indian Rupees Seven Hundred and Thirty Lakhs only).
2.1.2 The net worth of the bidder as on the last day of the preceding financial year should not be less than 25% of its paid-up share capital.
2.1.3 In case the bidder is not able to furnish its audited financial statements on stand-alone entity basis, the un-audited 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 un-audited unconsolidated financial statements of the bidder along with copies of the audited consolidated financial statements of its Holding Company.
(ii) A certificate from the CEO/CFO of the Holding Company, as per the format enclosed with the bidding documents, stating that the unaudited unconsolidated financial statements form part of the consolidated financial statements of the Holding Company.
In case where audited results for the last preceding financial year are not available, certification of financial statements from a practicing Charted Accountant shall also be considered acceptable.
2.1.4 In case the Bidder does not satisfy the financial criteria, stipulated at Clause 2.1.1 and /or 2.1.2 above on its own, its Holding Company would be required to meet the stipulated turnover requirements at Clause 2.1.1 above, provided that the net worth of such Holding Company as on the last day of the preceding financial year is at least equal to or more than the paid-up share capital of the Holding Company. In such an event, the Bidder would be required to furnish along with its Techno-Commercial bid, a Letter of Undertaking from its Holding Company, supported by Board Resolution of the Holding Company, as per the format enclosed with the bidding documents, pledging unconditional and irrevocable financial support for the execution of the Contract by the bidder in case of award.
2.1.5 The un-utilised 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 511 Lakhs (Indian Rupees Five Hundred and Eleven Lakhs only). In case certificates from more than one bank are submitted, the certified un-utilised limits shall be of the same date from all such banks.
2.1.6 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 unutilised 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 should certify that out of the aforesaid limits certified by its bankers, the Bidder shall have access to the line of credit of a level not less than the specified amount at Clause 2.1.5 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 with the biddding documents, pledging unconditional and irrevocable financial support for the execution of the Contract by the bidder in case of award.
2.1.7 In case the Bidder's unutilised line of credit for fund based and non-fund based limits stipulated at Clause 2.1.5 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 the line of credit for fund based and non-fund based limits to a level not less than the specified amounts at Clause 2.1.5 above to the bidder or to the Treasury Centre, as the case may be, shall be acceptable.
NOTES FOR FINANCIAL CRITERIA:
Net worth means the sum total of the paid up share capital and free reserves. Free reserves means all reserves credited out of the profits and share premium account but does not include reserves credited out of the revaluation of assets, write back of depreciation provisions and amalgamation. Further, any debit balance of Profit and Loss account and miscellaneous expenses to the extent not adjusted or written off, if any, shall be reduced from reserves & surplus.
Other income shall not be considered for arriving at annual turnover.
For unutilized line of credit for fund based and non-fund based limits and Turnover indicated in foreign currency, the exchange rate as on Seven (7) days prior to the date of Techno-Commercial bid opening shall be used.
As a proof of meeting the qualifying requirements, the scanned copies of the following documents will be required to be uploaded in the C-folder.
(i) Award letter / Work Order with bill of quantities (ii) proof of value of work executed as mentioned at (b) below
Documentary evidence issued by the employer as proof of value of work executed clearly indicating (i) the executed value of the work and (ii) period (giving start date and end date) during which the work has been executed, in the form of job completion certificate / final deviation order / copies of measurement book (R/A bills). An employer means Government / Large Industrial Organisations / Public Sector Enterprises.
“Copies of Balance Sheet and Profit & Loss Accounts as audited by a practicing Chartered Accountant or Certificate of Turnover issued by a Practicing Chartered Accountant clearly indicating the Books / Records / documents on the basis of which the Certificate is issued”.
Original documents for verifications shall be produced as and when called for.
NOTE: The bidder should have achieved the progress specified in the Q.R. even if the total contract is not completed/ closed. The same shall be supported by documentary evidence issued by the owner.
Partnership deed/ affidavit for proprietorship/ certificate of incorporation/ articles of association etc with latest changes, if any.
Copy of Power of Attorney of Authorized Signatory (if applicable)
The bidder should have independent P.F. code number allotted by Regional Provident Fund Commissioner. Copy of PF code allotted by RPFC must be submitted with technical bid.
Copy of Sales Tax registration, Service Tax registration, STCC/TIN & PAN.
The bidder should possess Service Tax registration number or must furnish an undertaking to furnish Service Tax registration number within one month of award of contract.
Participation in the tender does not automatically mean that the bidders are considered qualified. NTPC shall evaluate the qualifying requirements of each bidder as per NIT after opening of technical bids and the bids of the bidder who is not meeting the qualified requirement shall be treated as non-responsive.
Tender document is not transferrable.
Notwithstanding anything stated above, the owner reserves the right to assess the bidder’s capability and capacity to perform the contract, should the circumstances warrant such assessment in the overall interest of NTPC Ltd, and decision of NTPC in this regard shall be final.
Issuance of Bidding Documents to any bidder shall not construe that bidder is considered qualified.
NTPC reserves the right to reject any or all bids or cancel/withdraw the NIT for the subject package without assigning any reason whatsoever and in such case no bidder/intending bidder shall have any claim arising out of such action.
Prospective bidders from U.P. State are compulsorily required to provide TIN number at the time of purchase of bidding documents.
Address for Communication
AGM (CS),
NTPC Limited,
Ramagundam STPS
Jyothinagar # 505 215. Karimnagar (Dist) T.S.
Phone: 08728-272651/272505/264215.
Websites: https://etender.ntpclakshya.co.in/sap/bc/gui/sap/its/bbpstart
(or) www.ntpctender.com (or) www.ntpc.co.in
Annexure No 1
Request for Login ID on NTPC e-Tender
If you are not a supplier/Contractor of NTPC, and interested in participating in e-tenders in NTPC, please fill in the following.
Form A
New Vender (prospective):
Name: ___________________________________________________
Address: ___________________________________________________ ___________________________________________________ ___________________________________________________
State: _________________ City: _______________________
Country: ______________ Pin: _______________
Telephone NO: _______________ Extn: ________
Fax Number: _______________
Email ID: _________________________________________________
Your Company’s Bank Name _______________________________________
Account Number: ____________________________________
Branch: _____________________________________________
Address: _____________________________________________________ ________________________________________________________
PAN number: ___________________________________________________
CST number: ___________________________________________________
Excise Regn Number: _____________________________________________
SSI Number: ___________________________________________________
Contact Person’s Name: ___________________________________________
Designation: _____________________________________________
Bid Invitation number interested in: __________________
DD details as tender fee: Issuing Bank: _____________________________
No: _____________ Date of Issue: __________
Amount: _________ DD Valid till:__________
Note: Please download, print and fill up this form. Submit it to the Package in charge/ Contact person as mentioned in the Bid Invitation along with the DD of required amount. DD should be in favor of “NTPC Ltd” payable at the ordering location mentioned in the Bid Invitation.
Request for Login may be sent through E-mail or manually sent to Package in charge / Contact person as mentioned in the Bid Invitation.
Annexure No 2
Request for Login ID on NTPC e-Tender
If you are already a supplier / contractor of NTPC, and interested in participating in e-tenders of NTPC, please fill in the following form:
Form B
For Existing Venders:
Existing Vender Code with NTPC: ______________ Pre ERP Post ERP
Phone Number: ____________________ Extn: _________________
Email ID: ________________________________________________
Contact Person‘s Name: ____________________________________
Designation: _____________________________________________
Bid Invitation number interested in: _________
DD details as tender fee: Issuing Bank: _____________________________
No: _____________ Date of Issue: __________
Amount: _________ DD Valid till: __________
Address and other detail (Only in case of change)
Name: ___________________________________________________
Address: ___________________________________________________
State:___________________________ City:_______________________ Country:____________________ Pin:_________________
Telephone No: ____________________ Extn: ________________
Fax Number:______________________
Email ID: ___________________________________________________
Your Company’s Bank Name:
Account Number:____________________________________ Branch:_____________________________________________
Address: ____________________________________________
_____________________________________________________________
Note: Please tick the appropriate box in front of vender code to indicate whether the vender code given is Pre-ERP or Post ERP.
Tender fee payment can be given through DD or payment Gateway. In case the option of DD is opted should be in favor of “NTPC Ltd” payable at the ordering location mentioned in the Bid invitation.
Request for Login may be sent through E-mail or manually sent to Package in charge / Contact person as mentioned in the Bid Invitation.
ANNEXURE–A
PROFORMA OF CERTIFICATE FROM THE CEO/CFO
OF THE HOLDING COMPANY IN ACCORDANCE WITH
ITEM NO.2.1.3(ii) OF THE QUALIFYING REQUIREMENTS.
(To be submitted by Bidder along with the Bid if applicable)
Ref: Date:
To
Contracts Services Department
NTPC. Ltd.,
Ramagundam Super Thermal Power Station
Jyothinagar – 505 215.
Dist: Karimnagar (T.S)
1) I, M/s......................................... (CEO of the company / CFO of the company)*, declare that M/s................................ (Name of the Holding Company) is the Holding Company of M/s........................................ (Name of the Bidder).
2) I hereby confirm and undertake that the unaudited unconsolidated financial statements submitted in respect of the bidder as part of the bid reference no........................... dated.................. have been considered for the purposes of the finalisation of Consolidated financial statements of the Holding Company as part of the Annual Reports.
3.0 I further, certify that the figures in the unaudited unconsolidated financial statements are true and correct and same have been duly reflected in the audited consolidated financial statements and/or Annual Report of the Holding Company.
Yours faithfully,
(Signature)
Name & Designation..............................................
Name of the Holding Company...........................
(Seal of Company)....................................................
Note : *Strike off whichever is not applicable.
ANNEXURE-B
PROFORMA OF LETTER OF UNDERTAKING
(TO BE FURNISHED ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
[To be executed by the Holding Company Supported by Board Resolution and submitted by the Bidder alongwith the Bid, in case financial support is being extended by the Holding Company to the Bidder for meeting the stipulated Financial Qualifying Requirement as per Item No. 2.1.4 of qualifying requirements)
Ref. : Date :
To
Contracts Services Department
NTPC. Ltd.,
Ramagundam Super Thermal Power Station
Jyothinagar – 505 215. Dist: Karimnagar (T.S)
Dear Sir,
We, M/s………………………………….. (Name of the Bidder) proposes to submit the bid for
The package………………………………...(Name of the package) for………………………………….
(Name of the Project)under bid reference no………………….…………dated…………………….
and have sought financial strength and support from us for meeting the stipulated
Financial Qualifying Requirement as per Clause 2.4 of the Qualifying Requirement Bid Data Sheet.
2) We hereby undertake that we hereby pledge our unconditional & irrevocable financial support for the execution of the said package to M/s........................................ (Name of the Bidder), for the execution of the Contract, in case they are awarded the Contract for the said package at the end of the bidding process. We further agree that this undertaking shall be without prejudice to the various liabilities that M/s.................................... (Name of Bidder) would be required to undertake in terms of the Contract including the Performance Security as well as other obligations of the Bidder / Contractor.
3) This undertaking is irrevocable and unconditional, and shall remain in force till the successful execution and performance of the entire contract and/or till it is discharged by NTPC.
4) We are herewith enclosing a copy of the Board Resolution in support of this undertaking.
Yours faithfully,
(Signature of Authorised Signatory
on behalf of the Holding Company)
Date: Name & Designation.........................................................................
Name of the Holding Company......................................................
Place Seal of Holding Company..................................................................
Witness:
1) ................................................
2) ……………………………………
ANNEXURE -C
PROFORMA OF LETTER OF UNDERTAKING
(TO BE FURNISHED ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
[To be executed by the Treasury Centre and submitted by the Bidder alongwith the Bid, in case financial support is being extended by the Treasury Centre to the Bidder for meeting the stipulated Financial Qualifying Requirement as per Item No. 2.1.6 of the qualifying requirements)
Ref. : Date :
To
Contracts Services Department
N.T.PC. Ltd.,
Ramagundam Super Thermal Power Station
Jyothinagar – 505 215. Dist: Karimnagar (T.S)
Dear Sir,
1. We, M/s........................................ (Name of the Treasury Centre), declare that we are the Treasury Centre of M/s....................................... (Name of the Bidder) M/s..................................... (Name of the Bidder) proposes to submit the bid for the package ......................................... (Name of the package) for ...................................... (Name of the Project) under bid reference no. ......................... dated ............................ and have sought financial strength and support from us for meeting the stipulated Financial Qualifying Requirement as per Clause 2.6 of Bid data sheet.
2.0 We hereby undertake that we hereby pledge our unconditional and irrevocable financial support for the extension of the said package to M/s ...................................... (Name of the Bidder), for the execution of the Contract, in case they are awarded the Contract for the said package at the end of the bidding process. We further agree that this undertaking shall be without prejudice to the various liabilities that M/s .................................... (Name of Bidder) would be required to undertake in terms of the Contract including the Performance Security as well as other obligations of the Bidder / Contractor.
3.0 This undertaking is irrevocable and unconditional, and shall remain in force till the successful execution and performance of the entire contract and/or till it is discharged by NTPC.
4.0 We are herewith enclosing a copy of the Board Resolution in support of this undertaking.
Yours faithfully,
(Signature of Authorised Signatory
on behalf of the Holding Company)
Date: Name & Designation.................................................................
Name of the Treasury Centre...............................................
Place Seal of Treasury Centre............................................................
Witness:
1) ...................................................
2) .……………………………………
ANNEXURE -D
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE) DEED OF JOINT UNDERTAKING TO BE EXECUTED BY THE BIDDER
AND HIS ASSOCIATE/COLLABORATOR AS PER CLAUSE ================
This DEED of JOINT UNDERTAKING executed this.............................................................. day of ................................. Two thousand
............................. by M/s .................................................... a Company incorporated under
......................................... having its Registered Office at
.................................................................. (hereinafter called the ‘‘Associate/Collaborator’’, which expression shall include its successors, administrators, executors and permitted assigns) and M/s......................................................... a company registered under the
........................................ having its registered office at .................................................
(hereinafter called the Bidder/Contractor, which expression shall include its successors, administrators, executors and permitted assigns) in favour of NTPC Ltd., A Govt. of India Enterprise, incorporated under the Companies Act, 1956, having its Registered Office at NTPC Bhawan, Scope Complex, 7, Institutional Area, Lodhi Road, New Delhi - 110 003, INDIA (hereinafter called ‘‘NTPC’’ or ‘‘Employer’’ which expression shall include its successors, administrators, executors and assigns).
WHEREAS, the Owner invited Bids for ===========================
AND WHEREAS Clause No----- of detailed NIT of bidding documents stipulates that bidding is open to Bidder --------------------------------- Clause No. -------- of detailed NIT of Bidding Documents.
AND WHEREAS M/s................................................................ (Bidder) is entitled to bid under
Clause No. ------------- of detailed NIT, provided the Bidder and its qualified Associate
/ Collaborator give an undertaking that they shall be held jointly and severally responsible and bound unto the Employer for the successful performance of --------------------------as per the Bidding Documents in the event the bid is accepted by the Employer resulting in a Contract (hereinafter called the 'Contract') under the “ ----------------------------
WHEREAS M/s ...................................................... has submitted its proposal in response to the aforesaid Notice Inviting Tender/Invitation For Bids by the Employer bearing proposal No.............................. dated ................. for “ ------------------------- Package for ---------------------- against the Employer's above specifications.
AND WHEREAS M/s .................................................. (Bidder) itself do not meet the
requirements of Clause --------------- of detailed NIT and in order to fully meet the requirements of Clause No. --------------- of detailed NIT, desires to associate with M/s ...................................... [hereinafter referred to as Associate] who meets the requirements of Clause No. -----------) of detailed NIT and the Bidder and the Associate are required to jointly execute and furnish along with the bid an irrevocable Deed of Joint Undertaking and be jointly and severally responsible and bound unto the Owner for successful performance of the ----------------------- under the Contract for which the Associate is associated for “ ---------------------------” Package of ---------------------- as per Bid Documents, in the event the Bid is accepted by the Employer resulting in a Contract (hereinafter referred to as Contract).
NOW THEREFORE, THIS UNDERTAKING WITNESSETH AS UNDER:
That in consideration of the Award of the Contract by the Employer to the Contractor, we the aforesaid Associate/Collaborator and the Contractor, do hereby declare and undertake that we shall be jointly and severally responsible to the Employer for the successful performance of the ------------------------------ under the Contract and establishing technical guarantees.
In case of any breach of the Contract committed by the Contractor, we the Associate / Collaborator do hereby undertake, declare and confirm that we shall be fully responsible for the successful performance of the ------------------------ and undertake to carry out all the obligations and responsibilities under this deed of Joint undertaking in order to discharge the Contractor's obligations and responsibilities stipulated in the Contract. Further, if the Employer sustains any loss or damage on account of any breach of the Contract, we the Associate/Collaborator & Contractor jointly and severally undertake to promptly indemnify, and pay such loss/damages caused to the Employer on its written demand without any demur, reservation, contest or protest in any manner, whatsoever.
This is without prejudice to any rights of the Employer against the Contractor under the Contract and/or guarantees. It shall not be necessary or obligatory for the Employer to first proceed against the Contractor, before proceeding against the Associate/Collaborator (with respect to obligations and responsibilities of the Associate/Collaborator covered under this Deed of Joint Undertaking), nor any extension of time would prejudice any rights of the Employer under this Joint Deed of Undertaking to proceed against the Associate / Collaborator & Contractor.
Without prejudice to the generality of the undertaking in paragraph 1 above, the manner of achieving the objectives set forth in paragraph 1 above shall be as follows :
The Associate/Collaborator will be fully responsible for design, engineering & commissioning and extending all necessary support for putting in to satisfactory operation and carrying out the Guarantee Tests for -----------------------------------------------------
Further, the Associate / Collaborator shall depute their technical experts from time to time to the Contractor's works/Employer's project site as required by Employer and agreed to by the Contractor/Collaborator to facilitate the successful performance of the Condensate Polishing Plant as stipulated in the aforesaid Contract.
Further the Associate / Collaborator shall Provide support to Contractor to ensure -------------------------- in accordance with the Contract specifications and if necessary, the Associate/Collaborator shall advise the Contractor suitable modifications of design and implement necessary corrective measures to discharge the obligations under the Contract.
In the event the Associate / Collaborator and Contractor fail to demonstrate successful performance of the Condensate Polishing Plant as set forth in paragraph 1 above, the Associate/Collaborator and the Contractor shall promptly carry out all the corrective measures at their own expense and shall promptly provide corrected designs to the Employer.
Implementation of the corrected designs and all other necessary repairs, replacements, rectifications or modifications to the Condensate Polishing Plant and payments of financial liabilities, penalties and any other obligations as provided under the Contract shall be the joint and several responsibilities of the Contractor and Associate/Collaborator.
The Associate / Collaborator will be fully responsible to extend the support to ensure the quality of all equipment/ main assemblies/ components manufactured at Contractor's works and/or Associates(s) / Collaborator(s) works and/or Vendor's works and/or fabricated/ constructed at site, and their repairs or replacement if necessary for incorporation in the Condensate Polishing Plant under the Contract.
We, the Contractor and Associate / Collaborator do hereby undertake and confirm that the Undertaking shall be irrevocable and shall not be revoked till the expiry of defect liability period of the Plant under the Contract ------------------------------and further stipulate that the Undertaking herein contained shall terminate after ninety (90) days of satisfactory completion of such defect liability period. We further agree that this undertaking shall be without any prejudice to the various liabilities of the Contractor, including the Contract Performance Guarantees as well as other obligations of the Contractor in the terms of the Contract.
In case of Award, in addition to the Contract Performance Security furnished by the Contractor, the Associate/ Collaborator shall furnish "as Security" an on demand Performance Bank Guarantee, in favour of the Employer in a form acceptable to Employer as per provisions of the Bidding Documents. The value of such Bank Guarantee shall be equal to ---------------of the total Contract Price for the Contract signed between the Contractor and NTPC and it shall be towardsguaranteeing the faithful performance/ compliance of this Deed of Joint Undertaking in accordance with the terms and conditions specified herein. The Bank Guarantee shall be unconditional, irrevocable and valid for entire period of Contract, i.e. till ninety (90) days beyond the end of the Defect Liability Period of the “--------------------------Package under the Contract. In case of delay in completion of the defect liability period, the validity of this Bank Guarantee shall be extended by the period of such delay. The Bank Guarantee amount shall be promptly paid to the Employer on demand without any demur, reservation, protest or contest.
Any dispute that may arise in connection with this Deed of Joint Undertaking shall be settled as per arbitration procedure / rules mentioned in the Contract Documents. This Deed of Joint Undertaking shall be construed and interpreted in accordance with the Laws of India and the Courts of Hyderabad shall have exclusive jurisdiction.
We, the Associate / Collaborator and the Contractor agree that this Undertaking shall be irrevocable and shall form an integral part of the Contract. We further agree that this Undertaking shall continue to be enforceable till the successful completion of Contract and till the Employer discharges it.
That this Deed shall be operative from the effective date of issuance of NOA.
IN WITNESS WHEREOF, the Associate / Collaborator and the Contractor, through their authorised representatives, have executed these presents and affixed common seals of their respective companies on the Day, Month and Year first mentioned above.
For M/s ...........................................
(Associate/Collaborator)
1. ................................................. ..........................................................
(Name in Block Letters) (Signature of the authorised representative)
................................................. Name : ...........................................
(Official Address)
Designation : ..................................
Common Seal of the Company
..........................................................
For M/s............................................
(Bidder/ Contractor)
2. ................................................. ..........................................................
(Name in Block Letters) (Signature of the authorised representative)
................................................. Name : ...........................................
(Official Address)
Designation : ..................................
Common Seal of the Company
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(2) The bank Guarantee shall be from bank as per Annexure- ---------- of the Bidding Documents.