NTPC LIMITED

(A Govt. of India Enterprise)

Barh STPP

Detailed Notice Inviting Tender (NIT)

1.0 For Balance Works Of Ash Slurry Pipe/Road Embankment Works Package, Stage-I for Barh STPP At Barh, Distt Patna(Bihar).

 

(Domestic Competitive Bidding)

 

 

 

NIT/BI No & Date

 

40052917

NIT/BI No Date

 

09.04.2016

Bid Document No:

 

BR/CS/15399

 

 

2.0 BARH STPP invites online bids on Single Stage Two Envelope bidding basis (Envelope-I: Techno-Commercial Bid & Envelope-II: Price Bid) from eligible bidders for Balance Works of Ash slurry pipe/road embankment package, Stage-I, as per the Scope of Work mentioned hereinafter.

3.0 BRIEF SCOPE OF WORK

The scope of work covered under this contract has been specified in Technical Specifications. However, the brief description of work under this package cover the following items of work :

(i)Earthen embankment from plant boundary wall up to ash pond.

(ii)Slope protection measures of earthen embankment including stone rip-rap with mortar filling, geo- textile, RCC bands.

(iii)Balance work of multi-cell/single box culverts and RCC Hume pipe culverts on proposed embankment for cross drainage and village roads, etc.

(iv)Storm water pump house under railway culverts for all weather road/pipe under-pass.

(v)Bituminous Single lane road all along the ash slurry pipelines from plant boundary wall to ash pond.

The detailed scope of work covered under this package has been specified in Part-A of the Technical Specification.

4.0 NTPC intends to finance the subject package through Domestic/Own Resources.

5.0 Detailed specification, scope of work and terms & conditions are given in the bidding documents, which are available for examination and sale at the address given below and as per the following schedule:

Bidding Document No

BR/CS/15399

 

 

Document Sale Date & Timing

From 11.04.2016 to 30.04.2016

 

 

Last Date for receipt of queries for

09.05.2016 at 18:00 hrs (IST)

clarification from prospective bidders

 

 

 

1

Bid Receipt Date & Time for both Techno-

Up to 16.05.2016 by 14:30 hrs (IST)

Commercial and Price Bids

 

 

 

Bid Opening Date & Time for Techno-

16.05.2016 at 15:00 hrs (IST)

Commercial Bid Bid Opening

 

 

 

Date & Time for Price Bid

Shall be intimated separately by NTPC.

 

 

Cost of Bidding Document

Rs 9,450/- per SET

 

 

Estimated Cost of Work

Rs 18.585 Crores

 

 

Completion Period

12 months

 

 

EMD/Bid Security

Rs 41,31,000.00

 

 

6.0 Bidder can view/download the complete set of Bid document as per the following procedure.

Vendors already having SRM vendor

Follow Clause No-7.0 as below

code and Password

 

Vendors already having SAP vendor

Step-1: The agency has to furnish Duly Filled Annexure-IV (format

code, but does not have SRM Login

given below). It should reach us at least five working days

ID and Password

prior to Last Date of Tender Fee Payment

 

 

Step-2 After compliance of step-1, Follow Clause No-7.0 as

 

below

 

 

New Vendor neither having any

Step-1 The agency has to furnish the followings:

vendor code in SAP

 

nor

A. Duly Filled Annexure-IV (format given below)

B. PAN card scanned/photo copy (self Attested)

 

any SRM login id and Password

C. EFT form(Format Given Below), duly filled and endorsed by

their banker

 

 

D. Copy of PF Documents

 

E. Service Tax Registration

 

All these should reach us at least seven working days prior to Last

 

Date of Tender Fee Payment

Step-2 After compliance of step-1, Follow Clause No-7.0 as below

7.0 Mode of Payment for purchase of tender document:

aOn-Line: Vendors can view/download the tender document after logging in our e-tender site

(i)by clicking on e-Tender in home page of www.ntpctender.com or

(ii)by directly going to the e-tender site in the following address.

https://etender.ntpclakshya.co.in/sap/bc/gui/sap/its/bbpstart

After logging in to our e-tender site as mentioned above, the interested bidder can pay the tender fee as mentioned in the “Bidder’s Manual” and “Guidelines to Bidders” which are available on the SRM Login screen.

2

risk of their tenders being passed over as ineligible for

b

Off-Line: DD/Banker’s Cheque shall be made in favour of NTPC Ltd. preferably payable at SBI ,

 

NTPC campus, Barh (Branch Code:10085) and should reach NTPC, Barh STPP in the given address.

c

Exemption on Cost of Tender Document: Refer Clause 8 (iii) (c) below.

dTender fee is non-refundable.

8.0Bid Security: (EMD):

Bidder has to submit earnest money deposit (EMD) in hard copy (offline) of requisite value in a separate envelope super scribing “EMD Envelope”, which must reach the office at the address mentioned at Sl. No. 24.0 before the bid submission deadline as mentioned in the e-tender of our SRM system.

iEMD Envelope” should contain the EMD of requisite value, strictly in valid form as mentioned below at sl. no. iii. a) / b) as per applicability or valid supporting document in support of seeking exemption of EMD as iii. c).

iiIf Bid Security (EMD) in Original of any agency is not received in a sealed envelope, their bid shall not be opened. If the EMD amount submitted by any agency is less than the stipulated EMD, their offer shall be rejected.

iiiEMD may be furnished in any of the following forms:

(a) For EMD amount of any value:

Pay Order / Cross Demand Draft / Banker’s Cheque in favor of NTPC Limited and drawn preferably on SBI,

NTPC campus, Barh (Branch Code:10085).

(b) In case EMD amount is >Rs 50,000.00 then, besides above:

Bank Guarantee (BG) from a Nationalized Bank / other banks (as per NTPC approved list) also will be acceptable. Format of BG against Bid Security and List of Banks for Bid Security are attached as Annexure-III and I respectively. BG should be unconditional and irrevocable and should be valid for a period of 45 days beyond the bid validity period. The Bank Guarantee Verification Check List duly filled in as per format attached as Annexure-II has to be submitted in this regard. Bidder shall ensure that all the points of check list are replied in “Yes”.

(c) SSI units of Bihar / SSI units (of other states) registered with the National Small Scale Industries Corporation shall be exempted from the payment of Earnest Money Deposit. Bidders seeking exemption should submit a Photocopy of valid registration certificate preferably attested by Notary / Gazetted Officer/ Magistrate 1st class, giving details such as validity, stores etc.

If the validity of the certificate has expired or the stores items not matching with the tendered items run the this concession/exemption.

In case of any doubt on eligibility of such exemption/concession, bidder may get clarification from NTPC official before submission of his bid.

(d) The Bid Security of all the unsuccessful Bidders will be returned after award of the Job.

9.0 The Bid Security shall be forfeited in any of the following circumstances by the Owner without any notice or proof of damage to the Owner:

iIf the Bidder withdraws or varies its Bid during the period of Bid validity specified by the Bidder in the Bid Proposal.

ii

In case the Bidder does not accept the corrections towards the discrepancies in their bid, where ever the

 

breakup of prices have been asked separately.

iii

If any deviation, variation or additional condition etc found anywhere in our technical and / or / Price Bid

 

implicit or explicit, shall stand unconditionally withdrawn, without any cost implication whatsoever to

 

employer, failing which the bid security shall be forfeited.

iv

In the case of a successful bidder, if the bidder fails within the specified time limit to furnish the acceptance of

 

Letter of Award / Purchase Order.

v

In the case of successful Bidder, if the Bidder fails, within the time limit, to furnish the required Contract

 

Performance Guarantee in case the same is required as per conditions of the P.O / LOA.

vi

If the bidder / their representative commit any fraud while competing for this contract pursuant to Fraud

3

prevention policy of NTPC.

10.0 No interest shall be payable by NTPC on the Bid Security.

11.0 Any bid not accompanied by a bid security in a separate sealed envelope, shall be rejected by the employer as being non responsive and returned to the bidder without being opened.

12.0 No Deviation Certificate:

iNo deviation, whatsoever, is permitted by the Owner to any provisions of bidding Documents.

iiThe acceptance of above is an attribute of the on line Bid Invitation and the Bidders are required to confirm acceptance of Compliance to All Provisions of Bidding Documents (NIL Deviation Certificate)

on line as per format enclosed at Annexure-III placed in Schedules and formats section. Only after acceptance of the above condition the bidder shall be allowed to submit the bid.

iiiIn case any deviations, variations and additional conditions are found anywhere in the bid (Techno Commercial Bid & Price Bid), the same shall not be given effect to in evaluation and it will be considered that the bidder complies to all the terms and conditions of Bidding Documents without any extra cost to the Owner irrespective of any mention to the contrary, anywhere in the bid, failing which the Bid Security of the Bidder be forfeited.

13.0 Qualifying Requirement:

1.0The Bidder should have executed Civil Works involving Building Works/Earthwork/RCC

 

 

Work/Road

Work

(or

any

combination of

Building

Works,

Earthwork,

 

RCC

Work

and

 

 

Road Work) during the preceding 07 (Seven) years prior to

date

 

of

opening

of

Techno

 

 

Commercial bid proposal as per the following Criteria :

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

One work of value not less than Rs. 16.52 Crorcs,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Two works of value not less than Rs. 10.31 Crores each.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Three works of value not less than Rs. 8.26 Crores each.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.0

Financial Criteria of the Bidder :-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(a)

The

average annual turnover

of

the

Bidder,

in the

preceding

Three

(3)

financial years as

 

 

on the date of Techno-commercial Bid

opening,

should

not

be

 

less

than

Rs.

20.65

Crores

 

 

(Indian Rupees Twenty Crores and Sixty Five Lakhs only).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In case

a

Bidder

does not

satisfy the

annual turnover criteria,

stipulated

above on

its

own,

 

 

its Holding Company would be required

to

meet

the

stipulated

turnover

requirements

as

 

 

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

the

Holding

Company,

 

 

supported

 

by the Holding Company's Board Resolution, as per

 

the

format

enclosed

in

the

 

 

Techno

Commercial

bid

documents,

pledging

unconditional

 

and

irrevocable

 

financial

 

 

support for the execution of the Contract by the Bidder in case of award.

 

 

 

 

 

 

 

 

 

 

 

 

(b)

The

Net

 

Worth of the Bidder as on

the last day of the preceding

financial

year,

of

the

 

 

date

of

Techno-commercial Bid opening, shall not be less than

100% of

the

bidders

paid

 

 

up

share

 

capital.

In

case the

Bidder

meets

the

requirement of

Net

Worth

based

on

the

 

 

strength

of its Subsidiary (ies) and/or

Holding

Company

and/or

Subsidiary

(ies)

of

the

 

 

Holding

company

wherever

applicable,

the

Net

Worth

of

the

 

bidder

and

its

Subsidiary

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(ies) and/or Holding company and/or Subsidiary

(ies)

of

the

Holding

company,

in

combined

manner

should

not

be less

than

100%

of their

total

paid

up

share

capital.

However

individually,

their

Net

Worth should not be less than

75%

 

of their respective

paid up share capitals. For

Consortiums/Joint

Ventures.

wherever

applicable,

the

Net

Worth

of

all

Consortium/Joint

Venture

members

in

combined

manner

should

not

be

less

than

100% of

their

paid

up share capital.

However

individually,

their

Net

Worth should

not be less than 75%

of their respective paid up share capitals.

 

 

 

 

 

 

 

 

Net worth in combined manner shall be calculated as follows:

Net worth (combined) = (X1+X2+X3)/ (Y1+Y2+Y3)X 100

Where XI, X2, X3 are individual Net Worth

which should not be less than 75% of the

respective paid up share capitals and Y I, Y2, Y3

are individual paid up share capitals.

(c)For Joint Ventures/Consortiums, all the partners of the Joint Venture/Consortium shall be collectively required to meet the turnover criteria.

(d)

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

CEO/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 Holding company.

 

 

 

 

 

 

 

 

 

 

 

 

In cases where audited results for the last financial year as on

the

date

of

the

Techno-

 

Commercial Bid opening are not available, the

financial

results

certified

by

a

practicing

 

Chartered Accountant shall be considered

acceptable.

In

case,

Bidder

 

is

not

able

 

 

to

 

submit the Certificate from practicing Chartered

 

Accountant

 

certifying

 

its

financial

 

parameters,

the audited results of three

consecutive

financial

years

 

preceding

the

 

 

last

 

financial year shall be considered for

evaluating

 

the

financial

parameters.

Further,

a

 

Certificate would be required from the

CEO/CFO

 

as

 

per

the

format

enclosed in

 

 

the

 

bidding

documents

stating

that the

Financial

results

of

the

Company

are

 

under

audit

 

as

 

on the date of Techno-Commercial bid

opening

and

the

Certificate

from

the

practicing

 

Chartered Accountant certifying the financial parameters is not available.

 

 

 

 

 

 

 

 

 

 

 

 

 

NOTES FOR CLAUSE 2.0 ABOVE :

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(i)

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

the

assets,

write

back

 

of

 

depreciation

provision

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 and surplus.

(ii)Other income shall not be considered for arriving at annual turnover.

5

 

Notes: The word "executed" in Clause 1.0 means that the bidder

should have achieved

the

 

progress specified in Clause 1.0 even if the total contract is not

completed/closed. The

same

 

shall be supported by documentary evidence issued by the owner.

 

 

14.0 Following documents must be uploaded in the c-folder, failing which the offer shall be liable for

 

rejection:

 

 

 

 

 

i

Qualifying Requirement: Total credential to fulfill all the criteria as mentioned in Qualifying

 

 

requirement of the NIT.

 

 

 

 

 

 

ii

Technical Bid:

 

 

 

(a) All TECHNICAL DATA SHEETS as per the format provided in the tender document duly filled.

 

 

(b) Any other data/information as sought in our tender document

 

 

iii

Company/Firm Details:

 

 

 

(a) Document related to legal status of the Bidder (i.e., Sole Proprietorship Concern/Partnership

 

 

Firm/ Private Limited Companies/ Public Limited Companies and Statutory Corporation/

 

 

Consortium/ Joint Venture), Name and address (es) of the sole proprietor / partners / Board of

 

 

directors.

 

 

 

(b) Memorandum and articles of association/photocopy of partnership deed/affidavit of

 

 

proprietorship.

 

 

iv

Copy of Service tax registration certificate.

 

 

v

Copy of Sales Tax Registration / VAT Certificate

 

 

vi

Copy of valid independent PF code no. issued by concerned RPFC.

 

 

vii

Copy of PAN card.

 

 

15.0 Participation in the tender does not automatically mean that the bidders are considered qualified. NTPC shall evaluate the qualifying requirement of each bidder as per NIT after opening of technical bid and the bids of the bidder who is not meeting the qualifying requirement shall not be considered.

16.0 NTPC reserves the right to reject any or all bids or cancel/withdraw the invitation for bids/IFB without assigning any reason whatsoever and in such case no bidder/intending bidder shall have claim arising out of such action.

17.0 NTPC will not be responsible for any loss/late receipt/non-receipt of applications for tender documents/bids due to any postal delay or delay, in any form, in transit.

18.0 If the last date for receiving applications/ selling of bids/ date of bid opening coincides with holiday, the date will be shifted to the next working day.

19.0 Tender document is not transferable.

20.0 NTPC reserves the right to reject any or all bids or cancel / withdraw the Invitation for bids without assigning any reason whatsoever and in such case no Bidder / intending Bidder shall have any claim arising out of such action.

21.0 Prospective Bidders from U.P. State are compulsorily required to provide TIN number at the time of purchase of bidding documents from office of NTPC.

22.0 No hard copy of Bidding Documents shall be issued.

23.0 Issuance of Bidding Documents to any Bidder shall not construe that such bidder is considered to be qualified. Bids shall be submitted online and opened at the address given below in the presence of Bidder’s representatives who choose to attend the bid opening. Bidder shall furnish Bid Security, Power of Attorney, Integrity pact in physical form as detailed in Bidding Documents before the stipulated bid submission closing date and time at the address given below.

6

24.0 Address for communication

AGM (C&M),NTPC Limited,Barh STPP,P.O.Barh,Distt. Patna, (Bihar), INDIA Pin - 803215 Tel. No.: 0091-06132 – 240080/240060,Fax. No.: 0091-06132- 240067

Websites: https://etender.ntpclakshya.co.in or www.ntpctender.com

Annexure-I

LIST OF BANK FOR BID SECURITY (EMD) - BG

SCHEDULED COMMERCIAL BANKS

ASBI & Associates:

State Bank of India, State Bank of Bikaner & Jaipur, State Bank of Hyderabad, State Bank of Indore, State Bank of Mysore, State Bank of Patiala, State Bank of Saurashtra, State Bank of Travancore

BNationalized Banks:

Allahabad Bank, Andhra Bank, Bank of India, Bank of Maharashtra, Canara Bank, Central Bank of India, Corporation Bank, Dena Bank, Indian Bank, Indian Overseas Bank, Oriental Bank of Commerce, Punjab National Bank, Punjab & Sind Bank, Syndicate Bank, Union Bank of India, United Bank of India, UCO Bank, Vijaya Bank, Bank of Baroda.

CScheduled Private Banks:

Bank of Rajasthan, Bharat Overseas Bank Ltd., Catholic Syrian Bank, City Union Bank, Dhanalakshmi Bank, Federal Bank Ltd., Jammu & Kashmir Bank Ltd., Karnataka Bank Ltd., Karur Vysya Bank Ltd., Lakshmi Vilas Bank Ltd., Lord Krishna Bank Ltd., Nainital Bank Ltd., Kotak Mahindra Bank, Ratanakar Bank Ltd., Sangli Bank Ltd., South Indian Bank Ltd., Tamilnad Mercantile Bank Ltd., United Western Bank Ltd., ING Vysya Bank Ltd., UTI Bank Ltd., SBI Commercial & International Bank Ltd., Ganesh Bank of Kurundwad Ltd., Indusind Bank Ltd., ICICI Bank LTD., HDFC Bank Ltd., Centurion Bank Ltd., Bank of Punjab Ltd., Development Credit Bank Ltd.,Yes Bank.

DScheduled Foreign Banks:

Abu Dhabi Commercial Bank Ltd., ABN Amro Bank Ltd., American Express Bank Ltd., Bank of America NA, Bank of Behrain & Kuwait, Mashreq Bank, Bank of Nova Scotia, Bank of Tokyo Mitsubishi Ltd., Calyon Bank, BNP Paribas, Barclays Bank, Citi Bank, Deutsche Bank, The Hongkong & Shanghai Banking Corporation Ltd., Oman International Bank, UFJ Bank Ltd., Societe Generale, Sonali Bank, Standard Chartered Bank, JP Morgan Chase Bank, State Bank of Mauritus, Development Bank Singapore, Bank of Ceylon, Bank International Indonesia, Arab Bangladesh Bank, Cho Hung Bank, China Trust Bank, Mizuho Corporate Ltd., Krung Thai Bank, Antwerp Diamond Bank NV Belgium, ING Bank NV

EOther Public Sector Banks: IDBI Ltd.

ANNEXURE-II

GUIDELINES FOR SUBMISSION OF BANK GUARANTEE AS EMD

The Bank Guarantee shall fulfill the following conditions in the absence of which they cannot be considered valid.

01The Bank Guarantee should be on non-judicial stamp paper of appropriate value as per Stamp Act prevailing in the State(s) where the BG is submitted or is to be acted upon or the rate prevailing in the State where the BG is executed, whichever is higher. Applicable value in Bihar is Rs.200/- at present.

7

02The date, purpose of purchase of Stamp paper and name of the purchaser should be indicated on the back of Stamp paper under the signature of Stamp vendor. The date of sale of the non-judicial Stamp paper, as indicated on the reverse of the Stamp paper should be a date not later than the date of the execution of the BG. The name of the Purchaser of Stamp paper may either be the executing Bank or the party on whose behalf the BG is being issued.

03In certain States, the Rules permit levy of stamp duty by the process of franking under signature of empowered officer. Such BG may also be accepted as duly stamped.

04The name and designation of the Officer of the Bank executing the BG and his power of Attorney / Signing Power No. should be duly indicated in the BG.

05

The Bank Guarantee should be executed by a Nationalized Bank / Non-Nationalized Bank (as per

 

NTPC Approved list, as enclosed).

06Each page of the BG should be duly signed / initiated by executants and Stamp of the Bank is affixed thereon. The last page of BG should be signed with full particulars including the name of authorized signatory and two witnesses, full postal addresses, telephone number, fax number etc. under the seal of the Bank as required as per the prescribed proforma in the bid documents.

07

Non-judicial stamp paper shall be used within 6 months from the date of purchase of the same.

 

Bank Guarantee executed on the stamp paper of more than 6 months old shall not be treated as

 

valid.

 

 

08

The contents of Bank Guarantee shall be strictly as per our Proforma

09All conditions, corrections, overwritings, deletions in the bank guarantee should be authenticated by signature of Bank officials signing the Bank Guarantee.

Annexure-III

PROFORMA BANK GUARANTEE IN LIEU OF EARNEST MONEY DEPOSIT

Ref…………………………

Bank Guarantee No. ……………

Date……………………….

To

NTPC Limited

(A Govt. of India Enterprise)

Barh Super Thermal Power Project,

Post- Barh, District- Patna (Bihar)

PIN – 803 213.

Dear Sir,

In consideration of NTPC Limited, having its Registered office at NTPC Bhawan, Scope complex, 7, Institutional area, Lodhi Road, New-Delhi-110003 (hereinafter called the “Owner” which expression shall unless repugnant to the subject context include its successors and assigns) having issued Tender Enquiry under the Specification No. _________ M/s.

_________________________________________ having its Registered/Head Office at

_______________ (hereinafter called the “Tenderer”) who wishes to participate in the said tender for______________________________ and you, as a special favour, have agreed to accept an irrevocable and unconditional Bank Bid Guarantee for an amount of Rs. _____ (Rupees

______________________________________________________) valid upto ____________ on

8

behalf of the tenderer in lieu of Cash Deposit required to be made by the tenderer, as a condition Precedent for participation in the said tender.

We, the _______________ bank incorporated under _______________ law and having one of our branches at _____________ and having our Registered Office/Head Office at

_____________________

do hereby unconditionally and irrevocable guarantee and under take to pay to the ‘Owner’ immediately on demand without any demur reservation, protest, contest and recourse to the extent of the said sum of Rs._______________ (Rupees ____________________________________________________

only).

Any such claim/demand made by the said “Owner” on us shall be conclusive and binding on us irrespective of any dispute or differences raised by the tenderer.

This guarantee shall be irrevocable and shall remain valid upto _______________ if any further extension of this guarantee is required, the same shall be extended to such required period on receiving instruction from M/s. _________________________________on whose behalf this guarantee is issued.

,We, the said Bank lastly undertake not to revoke this guarantee during its currency except with the previous consent of the owner in writing and agree that any change in the constitution of the said tenderer or the said bank shall not discharge out liability hereunder.

In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this

_______________ day of _______________ 20______ at______________________________.

WITNESS:

 

(Signature)

(Signature)

(Name)

(Name)

(Official Address)

(Designation with Bank stamp)

WITNESS:

 

 

Attorney as per

(Signature)

 

 

Power of Attorney No………………….

(Name)

…..………………………………………...

 

Date………………………………………

(Official Address)

 

9

Annexure-IV

Proforma for request for User ID & Passward

Name of Agency ___________________________________________________

Address:________________________________________________________

_______________________________________________________________

State: _________________

City: __________________

Country: ______________

 

 

Pin: _________________

 

 

Telephone No with code: _______________

Extn: ________

Mobile No: ___________________________

 

Fax Number with code: _______________

 

Email ID: ___________________________________________________

Your Company’s Bank Name _______________________________________

Account Number: ____________________________________

MICR No.___________________________________________

Branch: _____________________________________________

Address:____________________________________________

_____________________________________________

PAN number: ___________________________________________________

CST number: ____________________________________________________

VAT No:__________________________________________________________

Excise Regn Number: _____________________________________________

SSI Number: ____________________________________________________

Service Tax Regn: ________________________________________________

Contact Person’s Name: ___________________________________________

Designation: _____________________________________________

For & behalf of M/s.…………………

signature

Name :

Designation :

10

Annexure-V

E.F.T. Form(TO BE RETURNED TO THE COMPANY)

To,

NTPC LTD.

Barh Super Thermal Power Project,

BARH- DISTRICT- PATNA

BIHAR- 803215

Dear Sir,

REF: AUTHORISATION OF ALL OUR PAYMENT THROUH

ELECTRONIC FUND TRANSFER SYSTEM

We, hereby authorize NTPC Ltd., Barh Super Thermal Power Project Barh to make all our payments through Electronic Fund Transfer System. The details for facilitating the payments are given below:

(TO BE FILLED IN CAPITAL LETTERS)

NAME OF THE BENEFICIARY

1. ADDRESS

PIN CODE

2.TELEPHONE NO. ( WITH STD CODE )

3.BANK PARTICULARS

A)BANK NAME

B)BANK TELEPHONE NO. (WITH STD CODE)

C)BRANCH ADDRESS

11

PIN CODE

D)BANK FAX NO. (WITH STD CODE)

E)9 DIGIT MICR CODE OF THE BANK BRANCH (ENCLOSE COPY OF A CANCELLED CHEQUE)

F)BANK ACCOUNT NUMBER

G)BANK ACCOUNT TYPE (TICK ONE)

SAVING

CURRENT

LOAN

CASH CREDIT

OTHERS

 

 

 

 

 

IF OTHERS, SPECIFY

4.PERMANENT ACCOUNT NUMBER (PAN)

5.E-MAIL Address for Intimation regarding release of payments

I/We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or credit is not effected at all for reasons of incomplete or incorrect information, I/We would not hold the company responsible.

BRANCH CODE WHERE ACCOUNT IS MAINTAINED:

SIGNATURE

DATE

(AUTHORISED SIGNATORY)

Name:

OFFICIAL STAMP

12

BANK CERTIFIATION:

It is certified that above mentioned beneficiary hold a bank Account no……………..

With our branch and the Bank particulars mentioned above are correct.

SIGNATURE

DATE

(AUTHORISED SIGNATORY)

Authorization No. : ………………………….

Name:

OFFICIAL STAMP

IMPORTANT TERMS AND CONDITIONS:

01

Income Tax/Works Contract Tax will be deducted as per rules.

 

 

 

 

 

02

Security Deposit will be deducted as under:

 

 

 

 

 

 

 

 

 

 

Sl.

Contract Value

Security Deposit as %age of contract value

 

 

 

 

 

 

 

 

 

01.

Upto & including Rs.2.00 lakh.

10%

 

 

 

 

 

 

 

 

 

02.

More than Rs.2.00 lakh but not

7.5% subject to a minimum of Rs.20000/-

 

 

 

 

exceeding Rs.20.00 lakh

 

 

 

 

 

 

 

 

 

 

03.

More than Rs.20.00 lakh

5% subject to a minimum of Rs.1.5 lakh.

 

 

 

 

 

 

 

The deduction to be effected from each on account payment towards security deposit will be @10%

13

of gross amount irrespective of the contract value until the cumulative sum so the time of acceptance of tender reaches the stipulated value of the security deposit. Security Deposit shall be refunded as per GCC of Civil Works.

03If the contractor fails to do the job satisfactorily, or unable to complete the job. NTPC reserves the right to get the job done by other agencies at the risk and cost of the original contractor.

04Any other job not specifically mentioned but reasonably implied to be executed for satisfactory completion of the job in all respects shall have to be carried out by you without any extra cost. Decision of Engineer-in-Charge shall be final and binding in this regard.

05The contractor should pay his laborers as per Minimum Wages Act and as prevailing at NTPC Barh. The contractor shall ensure timely payment of wages as per provision of payment of wages act and other Labour Laws in presence of a nominee, so authorized by EIC or Management of NTPC

06The contractor shall ensure proper safety of all the workmen, materials, plant & equipment belonging to him or to NTPC or to others working at or near the site. The contractor shall also be responsible for provision of all safety devices and safety equipments required both by the relevant legislation and the Engineer-in-Charge as he may deem necessary. Contractor is to follow all safety norms/rules & regulations to ensure proper safety.

07Contractor shall have to give off/rest to his labourers as per Factory Act. for working on Sunday/holiday, if required. However, no extra payment will be made by NTPC.

08The contractor shall have to protect his workmen under the scheme of Workmen Compensation Act.

09The contractor is supposed to have included the cost of Insurance of his Employees in their quoted prices.

10The agency has to discharge all statutory liabilities like, Taxes & Duties, Royalty, Employer's contribution towards PF, Bonus, Insurance, Labour License, fulfillment of safety rules etc., as applicable from time to time, within their quoted rate.

11The contractor is requested to mention their Service Tax Registration Number and attach documentary evidence to this respect.

12Contractor should obtain and submit the Labour License to HR Department through Engineer-in- Charge as applicable The contractor has to fill and submit "Form-A" regarding Contract Labour Act to HR department through Engineer-In-Charge immediately after award.

13Liquidated Damage: In case of any delay in the execution of the order beyond stipulated completion date LD shall be applicable.

14Watch and ward of materials of the contractor shall be arranged by the contractor at his own cost till the handing over of the completed job to NTPC. No claim in this account shall be entertained by NTPC.

15The Contractor shall employ labour in sufficient numbers to maintain the required rate of progress and of quality to ensure workmanship of the degree specified in the contract and to the satisfaction of the Engineer-in-charge. The contractor shall not employ in connection with the works any person who has not completed his eighteen (18) years of age.

16This contract shall be governed by the Indian Laws in force. Court at Patna shall have exclusive jurisdiction to entertain any suit or action arising out of this contract.

17Irrespective of whatever has been stated elsewhere in the bid documents, the Arbitration and Conciliation Act 1996 will be applicable.

18The successful bidder is to submit contract Performance Guarantee, if specifically asked, in the form of BG for 10% of the Contact value from any of the banks listed by NTPC. The BG shall be valid for the Defect Liability period plus 3 months (for invocation, if required).

19The contractor shall have to submit an agreement on Non-Judicial Stamp Paper of appropriate value (presently Rs.100/-) to Contract Services Department as per enclosed format within 30 (Thirty) days from the date of issue of work order.

20The following point shall be the part of GCC for civil works and shall be read under sub-clause 16.4(a),Page No-24 of GCC for civil works.

"However, in case the ESI Act is not applicable to the area where the project site is located, as evidence by the Certificate/Letter submitted to this effect by the contractor from the local authorities,

14

the Contractor shall be liable to arrange and pay for expenses towards medical treatment in respect of all labour employed by him for execution of the contract".

21The bidder along with their associate/collaborator/subcontractor/sub vendors/consultants service providers shall strictly adhere to the fraud policy of employer displayed on its tender website: http//www.ntpctender.com.

The contractor along with their associate/collaborators/subcontractors/sub vendors/consultants service provides 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. The Contractor shall immediately appraise the Employer about any fraud of suspected fraud as soon as it comes to their notice.

22For other points, General Conditions of Contract for Civil Works/Supply Cum Erection Works GCC shall be applicable to the extent possible. In case of any discrepancy, the conditions stipulated specifically with respect in this tender shall supersede the conditions stipulated in GCC.

23For Civil Packages

The contractor shall require to attend all weekly site progress review meeting organized by the "Engineer-in-charge" or his authorized representative. The deliberations in the meeting shall interalia include the weekly program, progress of work (including details of manpower, tools and plants deployed by the contractor vis-a-vis agreed schedule), inputs to be provided by Owner, delays, if any and recovery program, specific hindrances to work and instructions by Owner. The minutes of the weekly meeting shall be recorded in triplicate in a numbered register available with the "Engineer-in-Charge" or his authorized representative. These recordings shall be jointly signed by the "Engineer-in-Charge" or his authorized representative and the Contractor and one copy of the signed records shall be handed over to the Contractor.

The following documents shall from the principal basis for consideration of Time Extension pursuant to GCC Clause 13 with or without LD, determining the compensation amount pursuant to GCC clause 32 and settlement of extra claims during the execution of contract.

a)The joint recording in the weekly meeting register

b)Records of Technical Coordination Meetings.

c)Records of Contract Review Meetings.

d) Written notices issued by the "engineer-in- Charge" or his authorized representative to Contractor in the relevant period.

24For S+E/S+E+C Packages:

The contractor shall require to attend all weekly site progress review meeting organized by the "Engineer-in -Charge" or his authorized representative. The deliberations in the meeting shall interalia include the weekly program, progress of work (including details of manpower, tools and plants deployed by the contractor vis-a-vis agreed schedule), inputs to be provided by Owner, delays, if any and recovery program, specific hindrances to work and work instructions by Owner. The minutes of the weekly meeting shall be recorded in triplicate in a numbered register available with the "Engineer-in-Charge" or his authorized representative. These recordings shall be jointly signed by the Engineer or his authorized representative and the Contractor and one copy of the signed records shall be handed over to the Contractor.

The following documents shall form the principal basis for consideration of Time Extension with or without LD, levy of liquidated damages pursuant to GCC clause 18 and settlement of extra claims

15

during the execution of contract.

a)The joint recording in the weekly meeting register

b)Records of Technical Coordination Meetings.

c)Records of Contract Review Meetings.

d)Written notices issued by the Engineer or his authorized representative to the relevant period.

25For other points, General Conditions of Contract for Civil Works/Supply Cum Erection Works GCC shall be applicable to the extent possible. In case of any discrepancy, the conditions stipulated specially with respect in this tender shall supersede the conditions stipulated in GCC.

Annexure-X

FORM-A

1

(i)

Name of agency

 

 

 

 

 

 

(ii)

Name of Proprietor

 

 

 

 

 

 

(iii)

Nature of Business

 

 

 

 

 

 

(iv)

Permanent Address

 

 

 

 

 

 

(v)

Local Address

 

 

 

 

 

2

a

Nature of work (given detail) to be done

 

 

 

by you in Barh STPP

 

 

 

 

 

 

b

Location of t he work

 

 

 

 

 

 

c

Work order No with Date

 

 

 

 

 

 

d

Period of contract

From:

 

 

 

 

16

 

 

 

To :

 

 

 

 

 

e

Maximum nos of workers/staff to be

 

 

 

engaged on any day during the work

 

 

 

period.

 

 

 

 

 

 

f

Do you have simultaneous contract

 

 

 

anywhere else if yes give details of work

 

 

 

& nature of the work period

 

 

 

 

 

 

g

Since your workers are not covered by

If yes, name of the insurance

 

 

employees state insurance scheme(ESIS)

company:____________________

 

 

have you covered them under a

Policy No:___________ Date_________

 

 

workmen's compensation policy.

 

 

 

 

 

 

Covered ___________ period of insurance

 

 

 

coverage from ________ to _________

 

 

 

 

3

a

Wage period monthly/weekly

 

 

 

 

 

 

b

Date of wage payment(has to be within 7

 

 

 

days from the end of wage period)

 

 

 

 

 

 

c

Date of weekly holiday/rest

 

 

 

 

 

 

d

Financial year from

 

 

 

 

 

4

a

Paid holidays as per year(specify below

1

 

 

the day/festivals or other occasion, whom

2

 

 

such holidays are allowed

 

 

 

 

 

 

3

 

 

 

4

 

 

 

5

 

 

 

6

 

 

 

7

 

 

 

8

 

 

 

9

 

 

 

10

 

 

 

11

 

 

 

12

 

 

 

 

5

a

Whether leave is allowed

No of CL/Year:

 

 

 

No of Med Leave/Year:

 

 

 

 

17

6

Details of the coverage of workmen as per

 

 

 

employees provident fund and Misc provisions

 

 

 

Act 1952 with Registration No.

 

 

 

 

 

 

 

7

Designation & rate of pay of your worker and staff

 

 

 

 

 

 

 

 

 

Designation

Rate of pay per day

 

 

 

 

 

 

 

1

 

 

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

 

 

4

 

 

 

 

 

 

 

 

 

5

 

 

 

 

 

 

 

 

 

6

 

 

 

 

 

 

 

 

8If any other allowance is paid to you worker and staff of benefits allowed (indicate those clearly)

_____________________________________________________________________________

9 I/we shall fulfill all obligations arising from and under all law in force from time to time and keep the NTPC indentified against any loss or liability arising out of failure of my / our abiding law. I declare that I will follow the rules and regulations regarding employees.

Date:

Signature of the contractor with seal

Encl:

Photocopy of work order against which workers will be engaged

Photocopy of extension of contract. if any issued to the contractor.

Photocopy of labour licence,if any.

Photocopy of workmen Insurance Policy, if any

Photocopy of registration of contractors under employees provident fund and misc.provision Act 1952.

M/s ________________________ will be engaged under my control at our project to best of my knowledge above information are correct.

For and on behalf of NTPC Limited

Signature of Engineer-in-Charge

Signature with seal Sr.Manager

18

Annexure-VI

Proforma for Contract Agreement

(Stamp paper should be purchased in the name of executants contractor)

This Agreement made this ………....... day of ……………………………….. between NTPC Limited, a company incorporated under the Companies Act 1956, having its Registered office at NTPC Bhavan, Core 7,Scope Complex, 7 Institutional Area, Lodi Road, New Delhi – 110003 (hereinafter referred to as

“Owner” of “NTPC” which expression shall include its administrators, successors, executors and assigns) on the

one part and.........................................................................................................................

…………………………………………………. (hereinafter referred to as the “Contractor” which expression

shall include its administrators, executors and permitted assigns) on the other part.

WHEREAS NTPC is desirous of setting up its Super Thermal Power Project at Barh (Bihar) with a capacity of 3300 MW (hereinafter called “Project” or “Barh Super Thermal Power Project”) and has invited bids for

…………………………………………………………………………………………………….. for Barh Super Thermal Power Project” as per tender (bid) documents sent to the prospective bidders along with NTPC letter ref: No.………………. dated …………………... AND WHEREAS the Contractor had participated in the above referred bidding vide its proposal/quotation No. ……………………… dated …………………… and NTPC after examining the proposal accepted its aforesaid proposal and awarded the Contract to the Contractor for

…………………………………….............. for Barh Super Thermal Power Project” on the terms and conditions contained in NTPC Letter of Award (LOA) No.…………………………………………. dated ……………….. and the documents referred to therein which have been unequivocally accepted by the Contractor resulting into a concluding “Contract” hereinafter called the “Contract”.

NOW THEREFORE THIS DEED WITNESSES AS UNDER

ARTICLE 1.0 AWARD OF CONTRACT

1.1 NTPC has awarded the Contract to the Contractor for the work of

….........…………………………………………………………………………………… for Barh Super Thermal Power Project” on the terms and conditions contained in NTPC Letter of Award (LOA) No:

………………………………….dated:………………………. and he documents referred to therein and under these present. The Contract has taken effect from ………………….. i.e. from the date of issuance of LOA. The terms and expressions used in this Agreement shall have the same meaning as are assigned to them in the “Contract Documents” referred to in the succeeding Article.

ARTICLE 2.0 CONTRACTS

The Contract shall be performed strictly as per the terms and conditions stipulated herein and in the following documents attached herewith (hereinafter referred to as “Contract”.

For & behalf of M/s.…………………

(Contractor’s signature)

19

CONTRACT DOCUMENTS

2.1 The Contract shall be performed strictly as per the terms and conditions stipulated herein and in the following documents attached herewith (herein after referred to as “Contract Document)”.

(i)NTPC’s bid/tender documents issued to Contractor, vide NTPC’s Letter/Tender Enquiry No.:.

………………………………..dated …………….. interalia consisting of Technical Specifications and Special Conditions of Contract (Volume-I) and General Conditions of Contract (Volume-II).

(ii)Contractor’s Proposal/Quotation No.:…………….……............ dated .....................................................

(iii)Contractor's Letter No…………………………..……...........Dated……………………...............................

2.2 LETTER OF AWARD (LOA)

The Letter of Award (LOA) shall mean NTPC’s Letter of Award No. ……………………………………….

dated..................................

duly acknowledged by ....................................................................................

2.3 All the aforesaid Contract Documents and the Letter of award (LOA) shall form an integral part of this

Agreement, in so far as the same or any part thereof are not in conflict with the conform to the contract Documents (ref: NTPC’s Letter/Tender Enquiry No. ………………………………dated ……………….. and what has been specifically agree to by the Owner (NTPC) and brought out in NTPC Letter of Award (LOA).

Any matter in the ………………………………………..………………………., proposal referred to in Clause 2.1(ii) above inconsistent therewith contrary or repugnant thereto or any deviations taken by the Contractor in its “Bid Proposal”, Clause 2.1 (ii) above, but not agreed to specifically by the Owner in its Letter of Award (LOA) shall not be given effect to and shall be deemed to have been withdrawn by the Contractor

…………………………………………….................. For the sake of brevity, this agreement along with its aforesaid Contract documents and the Letter of Award shall be referred to as the “Contract”.

3.0CONDITIONS AND COVENANTS

3.1Scope of work under the Contract shall cover all the work of the package,............................................

……………………………………………………………………..………………………………………………………….…..

for Barh Super Thermal Power Project” to be performed by the Contractor and other obligations as per the provisions of the Contract. The detailed scope of work is given in the Letter of Award and the Contract Documents annexed hereto

For & behalf of M/s.…………………

(Contractor’s signature)

Name :

Designation :

20

3.2 The Scope of work shall also include work, investigation, supply, testing and/or study of all such items which are not specifically mentioned in the Contract Documents, but which are needed for successful, efficient, safe and reliable execution of ..................................................................................

…………………………………………………….…………for Barh Super Thermal Power Project” unless

otherwise specifically excluded in the specifications under “exclusion” or Letter of Award.In addition to the scope work under the Contract as specified above, the consideration, the terms of payment, the issuance, the liquidated damage, the Contract Performance Guarantee (CPG) and all the other terms and conditions are contained in the Contract. The Contract shall be duly performed by the Contractor strictly and faithfully in accordance with the terms and conditions of the Contract.

3.3 TIME SCHEDULE

3.3.1 Time is the essence of the Contract and agreed Schedules shall be strictly adhered to. Contractor

shall perform the work in accordance with agreed schedules as given in special conditions of contract.

3.4 QUALITY PLANS

3.4.1The Contractor is responsible for the proper execution of the Quality Plans. Quality Assurance Programmes and procedures as contained in the Contract Documents shall be strictly followed by the Contractor.

3.4.2The Contractor also agrees to provide the owner with the necessary facilities for carrying out inspection, quality audit and quality surveillance of Contractor’s and its sub-Contractor’s quality

assurance

systems

and

field

activities

relating

to

the

subject.......................................................................

 

 

 

 

 

 

 

……………………………………………………………… for Barh Super Thermal Power Project” in line with the Contract Documents.

3.4.3It is expressly agreed to by the Contractor that the quality tests and inspection by the Owner shall not in any way relieve the Contractor of its responsibilities for quality standard and performance guarantee and Contract’s other obligations under the Contract.

3.4.4Contractor agrees to submit quality assurance documents for this package to NTPC for NTPC’s review and records during the subject

…………………………………………………………………………… for Barh Super Thermal Power Project” and within the time period as per provisions of the Contract Documents.

For & behalf of M/s.…………………

(Contractor’s signature)

Name :

Designation :

21

3.5 Notwithstanding the identification of the entire work under the"..........……………….........................for Barh Super Thermal Power Project” the Contractor shall be solely responsible for the successfully completion of the entire work and performance as per Contract Documents referred to in paragraph 2.1 above and accordingly the overall responsibility for the successful competition of"……………………………………………………………………………………………………………………... for Barh Super Thermal Power Project” rests with the Contractor.

3.5.1 It is expressly understood and agreed to by the Contractor that may breach of the Contract or occurrence shall give the Owner a right at Owner’s sole discretion to terminate the Contract and/or get the work done under the Contract from an alternative source at Contractor’s risk, cost and responsibility without any right to the Contractor for any compensation whatsoever.

3.6The Contractor guarantee in the event of deficiencies found in the requisite quality, performance etc., the owner may at its option reject the investigation made by the Contractor or alternatively accept same on such terms and conditions as deemed fit and proper and subject to levy of the liquidated damages so leviable shall be in accordance with the Contract Documents and without any limitation.

3.7It is expressly agreed by the Contractor that the Contract Performance Security/ Contract Performance Guarantee (CPG) shall in no way be construed to limit or restrict the Owner’s right to recover the damages/ compensation due to shortfall in the Contractor’s performance. The amount of damage / compensation shall be recoverable either by way of deduction from the Contract price, invocation of Contract Performance Security / Contract Performance Guarantee (CPG) and /or otherwise. The Contract Performance Security/Contract Performance Guarantee furnished by the Contractor is irrevocable and unconditional and the Owner shall have the powers to invoke it notwithstanding any dispute or difference between the Owner and the Contractor pending before any court, tribunal or other authority.

3.8It is expressly understood and agreed by and between the Contractor and the Owner that the Owner is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In particular it is expressly understood and agreed that the Government of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that the Owner is an independent legal entity with power and authority to enter into Contracts solely on its own behalf under the applicable laws of India and the general principles of Contract Law. The Contractor expressly agrees, acknowledges and understands that the Owner is not an Agent, representative or Delegate of the Government of India, and the Govt. of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Contract. Accordingly, the Contractor expressly waives, releases and foregoes any and all actions of claims including cross claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this Contract and covenants not to sue the Government of India as to any manner, claim, cause of action or thing whatsoever arising out of or under this Agreement.

For & behalf of M/s.…………………

(Contractor’s signature)

Name :

Designation :

22

3.9 This Contract constitutes full and complete understanding between the parties and terms of these presents. It shall supersede all prior correspondence to the extent of inconsistency or repugnancy to the terms and conditions contained in the Contract. Any modification of the Contract shall be effected only by the written instrument signed by the authorized representatives of both the parties.

ARTICLE 4.0

The total contract value for the entire scope of this contracts mentioned in clause no. 2.0 on page 01 of the Letter of Award (LOA) Rs…………………..............................

(Rupees................................................………………………………………………………………………………………

…………) only.

ARTICLE 5.0 SETTLEMENTS OF DISPUTES

5.1It is specially agreed by and between the parties that all the differences or disputes arising out of the Contract or touching the subject matter of the Contract shall be decided by process of settlement of disputes and Arbitration as specified in clause No. 56 of the General Conditions of Contract (GCC) for Civil Works. The Arbitrator shall give reasoned and speaking award.

5.2GOVERNING LAWS

The laws applicable to this Contract shall be the laws in force in India.

5.3 NOTICE OF DEFAULT

Notice of default given by the either party to the other party under the Contract shall be in writing and shall be deemed to have been duly and properly served upon the parties hereto if delivered against acknowledgment or by registered mail with acknowledgement duly addressed to the signatories at the addresses mentioned herein above.

IN WITNESS WHEREOF the parties through their duly authorized representatives have executed these presents (executions whereof has been approved by the Competent Authorities of both parties) on the day, month and year first above mentioned at Patna.

WITNESS

For & on behalf of NTPC Limited

(Signature)

(Owner’s signature)

Name :

Name :

Designation :

Designation :

WITNESS

For & behalf of M/s.…………………

(Signature)

(Contractor’s signature)

Name :

Name :

Designation :

Designation :

23

APPENDIX – A

PAGE (1 of 1)

BIDDING DOCUMENT NO. BR/CS/15399, NIT/BI NO: 40052917

PROFORMA OF CERTIFICATE FROM THE CEO/CFO OF THE COMPANY IN ACCORDANCE WITH SUB-CLAUSE 2.0(d)(ii) of clause no:13.0 (Qualifying Requirement) (To be submitted by Bidder along with the Techno-Commercial Bid)

Ref. :

Date :

To

M/s. BARH STPP,

BARH

PATNA

Dear Sirs,

I, Mr. ............................... (CEO of the Company / CFO of the Company)* hereby confirm that the Financial results of the Company are under audit as on the date of techno-commercial bid opening and the certificate from the practicing Chartered Accountant certifying the financial parameters is not available.

Yours faithfully

 

 

(Signature)

Date

:

(Name & Designation)..........................................

Place

:

(Name of the Holding Company) ...........................

 

 

(Seal of Holding Company) .....................................

Note :

 

*Strike off whichever is not applicable.

24

APPENDIX – B

PAGE (1 of 2)

PROFORMA OF LETTER OF UNDERTAKING

BIDDING DOCUMENT NO. BR/CS/15399, NIT/BI NO: 40052917

(To be executed by the Holding Company Supported by Board Resolution and submitted by the Bidder along with the Bid,

Applicable to the Bidder for meeting the stipulated Financial Qualifying Requirement as per

Sub Clause 2.0(a) of clause no: 13.0 (Qualifying Requirement)

 

Ref.

:

 

Date :

To

 

 

 

M/s. BARH STPP,

 

 

BARH

 

 

PATNA

 

 

Dear Sirs,

 

 

1.0

We,

declare that we are the

holding company of M/s

M/s................................

...............................

(Name of the Bidder) and have controlling interest therein.

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 Sub Clause 2.0(a) of Special Conditions of Contract.

2.0We 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), 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.

25

APPENDIX – B

PAGE (2 of 2)

3.0This 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 Employer.

4.0We are herewith enclosing a copy of the Board Resolution in support of this undertaking.

Yours faithfully

(Signature of Authorized Signatory on behalf of the Holding Company)

Witness :

 

(1) ..................................

(Name & Designation)..............................................

 

(Name of the Holding Company).............................

(2) ..................................

(Seal of the Holding Company).............................

26

APPENDIX – C

PAGE (1 of 1)

BIDDING DOCUMENT NO. BR/CS/15399, NIT/BI NO: 40052917

PROFORMA OF CERTIFICATE FROM THE CEO/CFO OF THE HOLDING COMPANY IN ACCORDANCE WITH SUB-CLAUSE 2.0(d)(ii) of clause 13.0 (Qualifying Requirement) (To be submitted by Bidder along with the Techno-Commercial Bid)

Ref. : Date :

To

M/s. BARH STPP,

BARH

PATNA

Dear Sirs,

1.0 I, Mr.

............................... (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).

2.0I hereby confirm and undertake that the unaudited unconsolidated financial statements

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APPENDIX – C

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submitted in respect of the bidder as part of the bid reference no. ............................... dated

...........................have been considered for the purposes of the finalization of Consolidated financial statements of the Holding Company as part of the Annual Reports.

3.0I 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)

Date

:

(Name & Designation)..........................................

Place

:

(Name of the Holding Company) ...........................

 

 

(Seal of Holding Company) .....................................

Note :

 

*Strike off whichever is not applicable.

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Other Important terms & conditions:

(1)The rates are inclusive of all taxes & duties & other statutory benefits e.g.PF,Insurance,Safety,VAT,Car policy etc. including service tax.

(2)Rate shall be remain firm during the tenure of the contract.

(3)Payment shall be released on monthly Running Bill basis and after compliances of all statutory requirements, after deduction of SD,IT & other statutory deductions etc. on certification of EIC.

(4)SD shall be applicable as per GCC of civil work of NTPC. SD shall be recovered from RA bills. SD shall be released as per provision of GCC of civil works of NTPC and on certification of EIC.

(5)Bids shall be valid for 180 days from the Bid Opening Date.

(6)No deviation, whatsoever, is permitted by the owner to any provisions of bidding document. The acceptance of above is an attribute of the on-line bid invitation and the bidders are required to confirm acceptance of compliance to all provisions of bidding documents(NIL deviation certificate).

(7)Variation allowed: As per GCC. Rebate to be given at the end of contract if there is any vitiation.

(8)All other terms & conditions shall be as per as per GCC for Civil works of NTPC.

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