NTPC LIMITED Kahalgaon

BID DOCUMENT

FOR SUPPLY OF FLY ASH FROM

NTPC KAHALGAON THERMAL POWER STATION,

KAHALGAON

SPECIFICATION NO.

NTPC/ASH- SUPPLY/DOM/Kahalgaon/15-16/02

NTPC LIMITED - Kahalgaon

PO- STP KAHALGAON, BHAGALPUR-813214

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NTPC LTD Kahalgaon

INVITATION FOR BIDS FOR SUPPLY OF FLY ASH FROM

NTPC KAHALGAON THERMAL POWER STATION, NTPC

Tender No: NTPC/ ASH-SUPPLY / DOM / KhSTPS/ 15-16/02 Date:

1.0Introduction

NTPC LIMITED Kahalgaon (henceforth referred to as NTPC Kahalgaon which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and permitted assigns) intends to promote utilization of fly ash as resource material. To facilitate this, NTPC Kahalgaon wishes to supply fly ash for a period of One (01) year. MSTC on behalf of NTPC Kahalgaon thus invites bids from eligible and interested buyers for supply of fly ash from the stage I and II units of NTPC Kahalgaon THERMAL POWER STATION (henceforth referred to as NTPC Kahalgaon) as mentioned below:

2.0Scope of Supply:

The fly ash shall be supplied to the interested buyers from the designated delivery point(s) i.e. ash Silo chute of the stage I and II units of the thermal power station. The buyer(s) shall make arrangements for taking delivery in their own bulkers /covered trucks/rail wagons/rake (for rail see Annex XI and Annex-XII) only. The quantity available for supply from NTPC Kahalgaon is brought out as under:

3.0Bidding details

Detailed conditions and scope of work are given in the bid documents which can be downloaded from the websites referred below:

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4.0Procedure for registration & payment of pre bid security

Only the customers registered with the website www.mstcecommerce.com can submit pre bid EMD/Bid security through e -payment Gateway. Procedure for payment of bid security through MSTC e- payment gateway is as follows:

STEPS FOR PAYMENT THROUGH INTERNET PAYMENT GATEWAY AVAILABLE AT THE LOGIN PAGE OF THE SYSTEM

New buyers can register with MSTC well before the last day of submission of bid security.

5.0Eligibility for bid participation

Only those buyers who

register themselves with MSTC as per specified guidelines for registration, displayed on MSTC website www.mstcecommerce.com and

have remitted UNCONDITIONAL PRE BID EMD as per the applicable terms,

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Submitted qualifying documents well before the last day of submission of documents as per Annex 1 and found eligible as per terms and conditions of the e

– tender shall be eligible to participate in the bidding process.

Note:

Net Banking Option: The amount shall be credited in T +1 EOD basis, so the buyer should preferably remit the fund through Net – Banking 24 hours before the last day mentioned in the MSTC e tender/auction catalogue. Fund transfer through Net Banking is NEFT transaction and the same will be credited in MSTC account the very next day excluding Sunday/holiday as per RBI guidelines.

Buyer has to inform the details such as amount transferred, date of transfer, buyers bank name, UTR no., Auction no., Lot no., payment type such as pre bid EMD, EMD, material value, taxes, full value, etc. to the concerned MSTC official i.e the contact person as detailed in the e tender/auction document/catalogue on the same day of the transaction. MSTC has no responsibility of delay in issuing of AL etc. in case buyers fail to inform by mail.

6.0Qualifying Requirements for the Bidders

a)Bidder should be an individual, a partnership firm or a company.

b)The average turnover of the bidder for the last three financial years should be at least

i)Rs.10 Lakhs/ annum for the bid quantity up to 50,000 MT/annum,

ii)Rs.25 Lakhs/ annum for the bid quantity > 50,000 MT/annum and upto 2,00,000 MT/annum and,

iii)Rs 50 lakhs / annum for the bid quantity > 2,00,000 MT/annum.

c)In case of existing or newly formed firm/company, the turnover of either its own or the turnover of the other firm / company in which major share holder/promoter/partner is also the major shareholder/promoter/partner in bidding company may be considered but not in combination of both.

d)Bidders shall submit an undertaking of utilizing the Fly Ash in Cement, Construction or any other Ash based product / Industry as per proforma attached at Annexure-IV).

Note: -Balance Sheet

Audited balance sheets showing the business turnover and profit & loss account for last three financial years of the company on whose turnover qualification has been sought should also be submitted along with the proposal. (Individual or a partnership firm or a company not falling under statutory requirement of audit, has to submit a certificate from Chartered Accountant certifying the average turnover of the last three Financial Years indicating the year wise turnover).

7.0Submission of Bids

Bids are to be submitted by the buyer online in the MSTC website www.mstcecommerce.com between the bid submission time as per time schedule indicated at para 3 above respectively.

8.0Contact Details NTPC LIMITED KhSTPS :

9.0Websites

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For referring to Invitation for Bids, Bid documents, and downloading of the same and online bidding following websites may be referred to: - www.mstcecommerce.com or www.mstcindia.com

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DEFINITIONS

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

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

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

“Day” means calendar day.

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

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

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

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

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

“Acceptable Bank” means any of the banks referred to in Annexure – VII List of the Banks.

Awarded Quantity/Annual Contract Quantity/Annual Allocated Quantity - is the quantity of fly ash as finalized by NTPC LIMITED KHSTPS for award during a year and shall be expressed in Metric Tonne (MT) per annum.

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

Metric Tonne (MT) means 1000 Kilograms.

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

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

Dispute/Dispute Notice Refer clause 35 of bid documents.

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

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

“Force Majeure” shall have the meaning ascribed to it under clause 37 of bid document.

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

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

“Quarter” shall mean a period of 03 months and shall be calculated from the scheduled date of commencement of contract.

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INSTRUCTIONS TO BIDDER

11. Introduction

NTPC LIMITED Kahalgaon, having office at Kahalgaon (hereinafter called “Seller/Supplier”) shall sell/supply fly ash from stage I & II units of NTPC KAHALGAON SUPER THERMAL POWER STATION mentioned in the invitation for bid.

12.Scope of Supply

a.NTPC Kahalgaon invites bids as specified in the e tender catalogue – document / bid document for the Supply of fly ash to the interested and eligible users from the designated delivery points in the buyer’s bulkers/covered trucks/rail wagons/rakes only on as is where is basis.

b.The scope of bidder under this tender is to take delivery of fly ash from the designated delivery point (Ash Silo chute of the stage I and II units) of the Station, as detailed in the bid document, in their own bulkers/covered trucks/rail wagons / rakes only (for rail see Annex XI and Annex XII).

c.Total quantity of fly ash in MT from the Station is available tentatively on yearly basis as per details given hereunder -.

13.The Bidding Documents

The Bidding Documents shall comprise of following:

Invitation for Bid

Instructions to Bidders

General Conditions of Supply

Special Conditions of Supply

Annexures

E Tender document/catalogue

14. Validity of Bids

The Bidder shall keep the bid valid for a minimum period of one hundred eighty (180) days from the date of opening of the bid.

15.Bid Security

The value of the Bid Security is as mentioned in Invitation for Bid at Para 3.

The Bid Security shall be deposited to MSTC through e payment gateway as mentioned in the invitation for bid para 4.0 and 5.0.

Bid security of unsuccessful bidders shall be returned as promptly as possible, but not later than 60 days after the expiration of the bid validity period.

Bid Security of successful Bidder (s) shall be returned only after submission of requisite amount of Contract Performance Guarantee (CPG).

The Bid Security may be forfeited if the bidder / his representative commit any fraud while competing for this contract pursuant to Fraud Prevention Policy of NTPC.

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16.Submission of Bids

a)Bids are to be submitted by the buyer online in the web site www.mstcecommerce.com between the bid submission time as per time schedule indicated at para 3 above respectively.

b)Late Bids

There is no provision for submission of bids before or after the bid submission period.

17.Pre Bid Requirement

Only registered bidders will be allowed to participate subject to bidder meeting the pre bid requirements as per para 5.0 above. In addition, all bidders whether Proprietor, Partnership Firms or a Company have to submit relevant documents as mentioned at Annex I.

18.Modification and Withdrawal of Bids

No bid can be withdrawn. However during the bidding period, bidders may modify their bid any number of times up to the quantity proportionate to the bid security submitted, against any price of their choice between the prescribed price band. Withdrawal of bids may result in the forfeiture of the Bidder’s bid security.

19.Bidding Schedule

The schedule for submitting the bids is as mentioned in the e tender catalogue / in the bid document at para 3.0 of the invitation of bid or as amended and informed to bidders from time to time on the E tender website.

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

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

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

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

22.Contract Performance Guarantee (CPG)

a.Within fifteen (15) days of the issue of award letter for allocation by the Supplier, successful Bidders shall submit the Contract Performance Guarantee for an amount equivalent to five (5) percent of value of annual allocated quantity in the form of RTGS / Crossed Demand Draft in favour of NTPC LIMITED Kahalgaon payable at Kahalgaon (IFSC code: SBIN0006949, ac no-11663836289) or through an unconditional and irrevocable Bank Guarantee (as per Format at Annexure V). CPG submitted in the form of Bank Guarantee shall be valid for 90 days in addition to period of contract. List of Banks is available in Annexure VII of Bid Document

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

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

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

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23.Qualifying Requirements for the Bidders

e)Bidder should be an individual, a partnership firm or a company.

f)The average turnover of the bidder for the last three financial years should be at least

iv)Rs.10 Lakhs/ annum for the bid quantity up to 50,000 MT/annum,

v)Rs.25 Lakhs/ annum for the bid quantity > 50,000 MT/annum and upto 2,00,000 MT/annum and,

vi)Rs 50 lakhs / annum for the bid quantity > 2,00,000 MT/annum.

g)In case of existing or newly formed firm/company, the turnover of either its own or the turnover of the other firm / company in which major share holder/promoter/partner is also the major shareholder/promoter/partner in bidding company may be considered but not in combination of both.

h)Bidders shall submit an undertaking of utilizing the Fly Ash in Cement, Construction or any other Ash based product / Industry as per proforma attached at

Annexure-IV).

Note: -Balance Sheet

Audited balance sheets showing the business turnover and profit & loss account for last three financial years of the company on whose turnover qualification has been sought should also be submitted along with the proposal. (Individual or a partnership firm or a company not falling under statutory requirement of audit, has to submit a certificate from Chartered Accountant certifying the average turnover of the last three Financial Years indicating the year wise turnover).

24.Understanding and Clarification of Bid Documents.

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

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

25.Award for supply of Fly Ash

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

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

c.Bidder would be required to comply with all requirements of the notification of allocation without any extra cost to the Supplier, failing which his bid security may be forfeited.

26.Bid Proposal Schedule

Bidders are to quote online their annual quantity requirement against the respective prices during the bidding period.

27.Uniform Bid quantity over the allocation period

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

28.Check List

a.The bidders are requested to duly fill in the check list enclosed at Annexure III.

b.The checklist gives only certain important items, to facilitate the bidder to make

sure that necessary data/information is provided by him in this proposal. This however, does not relieve the bidder of his responsibility to make sure that his proposal is otherwise complete in all respects.

29.Deviation

Any deviation taken in the terms and conditions of the e tender catalogue / Bid Documents by the bidder will not be allowed to bid online (Annex II).

30.Fraud Prevention Policy

The Bidder along with its associates/ collaborators/ sub-contractors/ sub-vendors/ consultants/ service providers shall strictly adhere to the Fraud Prevention Policy of NTPC LIMITED displayed on its tender website http://www.ntpctender.com and shall immediately apprise NTPC about any fraud or suspected fraud as soon as it comes to their notice. A certificate as per Annexure - X to this effect shall be furnished by the bidder along with his bid. If in terms of above policy it is established that the bidder/his representatives have committed any fraud while competing for this contract then the bid security of the bidder shall be forfeited.

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GENERAL CONDITIONS OF SUPPLY

31.Acquaintances of local conditions;

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

32.Language of the Contract

All bids shall be submitted in English Language.

33.Confidentiality

a.Information relating to the examination, clarification, evaluation, and comparison of bids, and recommendations for allocation shall not be disclosed to bidders or any other person not officially concerned with such process.

b.Any effort by the bidder to influence the Supplier in the Supplier’s bid evaluation, bid comparison, or allocation decisions may result in the rejection of the Bidder’s bid.

c.From the time of bid opening to the time of allocation, if any Bidder wishes to contact the Supplier on any matter related to its bid, it should do so in writing.

34.Examination of Bids and Determination of Responsiveness

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

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

35.Settlement of Disputes

Amicable Settlement

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

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

c.No dispute regarding quality or quantity etc. shall be entertained once the material is sold.

36.Arbitration

a. In the event that the parties are unable to resolve the disputes under Clause 35 above, controversy or claim relating to or arising out of this contract, such disputes, controversy or claim shall be finally settled by a panel of arbitrators (“The Arbitral Tribunal”), in accordance with the Arbitration and Conciliation Act 1996 as amended from time to time and read with rules framed there under.

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b.Either Party may by written request notify the other Party of its intent to refer such Dispute to arbitration. Within 30 Days of receipt of such notice by such other Party, the Parties shall each appoint one arbitrator. Within 30 Days of the appointment of the arbitrators, the two arbitrators so appointed shall appoint a third arbitrator (who shall be the presiding arbitrator). In case the two arbitrators fail to appoint the third arbitrator, the third arbitrator shall be appointed as per provisions of Arbitration Act.

c.The third Arbitrator will be the presiding Arbitrator and the Arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act 1996 as amended from time to time and read with rules framed there under.

d.If any appointed arbitrator resigns or dies or is unable to perform his function prior to or during the arbitration, appointment of new arbitrator shall be made as per provisions contained in Clause b & c above.

e.The Court at BHAGALPUR (India) shall have exclusive jurisdiction. The language of the Arbitration proceedings will be in English.

f.The venue of arbitration shall be BHAGALPUR or such place as may be determined by the arbitrator. In terms of the contract the party involving arbitration shall specify the dispute or disputes be referred to arbitration under this clause together with the amount or amount claimed in respect of each such dispute. The arbitrator shall make the award within reasonable time from the date of entering in the reference.

g.The Arbitrator (tribunal) shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. Arbitral Tribunal shall give a reasoned award. The decision or award shall be final and binding upon the Parties.

h.The cost of Arbitrator shall be borne equally by the parties to the dispute.

i.Notwithstanding the subsistence of any arbitration proceedings, the Parties shall continue to perform their respective obligations under this Agreement and either Party shall not withhold, any payment obligation admitted by it.

37.Force Majeure

a.“Force Majeure” shall mean any event beyond the reasonable control of the Supplier or of the Buyer, as the case may be, and which is unavoidable notwithstanding the reasonable care of the party affected. Force Majeure shall

include but not be limited to the following events and circumstances:

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

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

(iii)Illegal strike or illegal lockout; and

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

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

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

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

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d.The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect thereof upon its or their performance of the Contract and to fulfil its or their obligations under the Contract, but without prejudice to Supplier’s right to terminate the Contract under Special Conditions of Supply

Clause 61.

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

f.If the performance of the Contract is substantially prevented, hindered or delayed for a continuous period of more than thirty (30) days or an aggregate period of more than ninety (90) days on account of one or more event of Force Majeure during the occurrence of the Contract, the parties will attempt to develop a mutually satisfactory solution, failing which the dispute shall be resolved in accordance with GCS Clause 36.

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

38.Insurance & Buyer’s Liability

a.The Buyer shall be fully responsible for maintaining all the insurances as per law of land at its cost.

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

39.Suspension of the supply

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the same. All safety tools and tackles required like helmets, goggles, gas masks, respiratory masks, gumboots, shoes, safety belts wherever required will be provided by the buyer. The buyer shall also ensure safety and security of all NTPC Kahalgaon and Supplier’s delivery personnel at delivery site.

43.Disorderly Conduct

The buyer shall at all times take all reasonable precautions to prevent any unlawful, notorious or disorderly conduct by or amongst the buyer’s staff and labour and for the preservation of peace and protection of persons and property in the neighbourhood of the delivery site against the same.

44.Jurisdiction of Court

Only Bhagalpur Court shall have the exclusive jurisdiction in all the matters concerning the supply.

45 Fraud Prevention Policy

"The contractor along with their associate / collaborator / subcontractors / sub- vendors / consultants / service providers shall strictly adhere to the Fraud Prevention policy of the NTPC LTD displayed on its tender website http://www.ntpctender.com. The Contractor along with their associate / collaborator / subcontractors / sub-vendors / consultants / service providers shall observe the highest regard 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 apprise the NTPC Kahalgaon about any fraud or suspected fraud as soon as it comes to their notice.

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SPECIAL CONDITIONS OF SUPPLY

46.Scope of Supply

a.Supplier (i.e. NTPC Kahalgaon) would be in a position to make available allocated quantity of fly ash subject to availability, Force Majeure conditions and unplanned outage of the stage I and II units of NTPC Kahalgaon.

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

c.Quantity: - 4 (Four) lakhs MT / Annum

47.Working Hours

Delivery of fly ash is intended to be given round the clock on all days, or as per Engineer-in-Charge.

48.Delivery Point

a.NTPC Kahalgaon would deliver fly ash from the discharge chute of designated ash

49. Quality of fly ash

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

a.The minimum FLOOR PRICE of Fly Ash is Rs.180.00 (Rupees One hundred Eighty only) per Metric Ton and Ceiling price Rs.600.00 (Rupees Six hundred only) per Metric Ton. Bidders may quote the annual quantity required against a price starting from the floor price and in multiples of Rs.10 (Ten) i.e. Rs x00, x10, x20 …….and so on up to the ceiling price of Rs.600 per MT.

b.Bids price quoted below Rs.180.00 per MT and or above Ceiling price of Rs.600.00 per MT will not be considered.

c.Parties may quote different quantity they would like to off-take at different rates within the specified range. The quantity at particular rate, quoted by the bidder shall be deemed acceptable for evaluation / allocation towards all the rates below the quoted rate, unless otherwise specifically mentioned. (See Example below)

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Example:

1.Quantity 50000 MT quoted by the party A against the rate of Rs.600 shall be valid for all the rates up to Rs.180 which is below Rs.600 since the party has not quoted any quantity against the rate of Rs.550, Rs.400, Rs.200 etc.

2.The quantity 30000 MT quoted by the party B against the rate of Rs.550 shall be valid for the rate up to Rs.310 only, since the party has specified the quantity of 45000 MT against the rate of Rs.300 and this quantity of 45000MT shall be valid up to Rs.180.

3.The quantity of 10000 MT quoted against price Rs.600 shall be valid upto Rs.560 and quantity 20000 MT quoted against price Rs.550 shall be valid upto Rs.410 and so on i.e. quantity 40,000 MT quoted at Rs.300 shall be valid upto Rs.190 and quantity 50,000 MT shall be valid for Rs.180 only.

52.Evaluation Criterion of Bids

Price Discovery and Quantity for allocation

a.80% of the tendered quantity will be the lower limit for bid evaluation below which the tender will be declared unsuccessful.

b.For cumulative annual quantities quoted by bidders between 80% of the tender quantity (0.8 X 4,00,000MT=3,20,000 MT) to 100% of tender quantity (4,00,000 MT), the price at which maximum revenue is generated will be the discovered price. In such case, the quantity quoted by the party at the discovered price will be allocated to the party.

c.In case the cumulative quantity quoted by the bidders does not fall between 80% and 100% of the tender quantity but above the tendered quantity, the discovered price shall correspond to the cumulative quantity nearest to 100% and the allocated quantity shall be modified on prorate basis to the tendered quantity i.e. 4,00,000 MT / Annum.

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d.Bids at discovered price and above will be the successful bids and quantity will be allocated to them as per Clause 52 b & c.

53.Award Criteria

The party shall be awarded the quantity as quoted at discovered price. If cumulative quantity at discovered price is more than tendered quantity, party shall be allocated the quantity on prorata basis.

54.Award price:

Discovered Price shall be the award price and shall remain firm for a period of one year.

55.Period of Supply

Duration of Supply of fly ash from NTPC Kahalgaon Station will be for a period of

01(One) year.

56.Upward Quantity Flexibility

If requested by the Buyer the Supplier may consider supply of additional quantity over & above the allocated quantity at the discovered price, subject to availability and at the sole discretion of the supplier.

57.Payment Terms & Bank Charges

a.Delivery shall be made against advance payment in the form of Demand Draft/

RTGS/ Bank Transfer in favour of “NTPC LTD payable at KAHALGAON (For amount below 5 lakhs: IFSC Code-SBIN0006949 ac no- 11663836289, for amount above 5 lakhs: IFSC Code-SBIN0009996 ac no- 34507866507). The amount of advance shall be equivalent to value of one month of off-take quantity. Advance shall be adjusted against delivery on daily basis.

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

58.Commencement of first off take

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

59Weighment for invoicing

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

60.Compensation against shortfall during regular off take

a. After commencement of first off take, buyer will be required to lift fly ash on regular basis in accordance with agreed quantity as per contracted schedule. The buyer shall have to lift at least 90% of annual contracted quantity / annual adjusted quantity (in case of short supply) on prorata basis. In case buyer fails to lift the minimum quantity (90% of annual contracted quantity / annual adjusted quantity), compensation amount @ 10% of the awarded price (rounded to the nearest whole number on the higher side) will be charged on the shortfall quantity (90% of annual contracted / annual adjusted quantity – Actual quantity lifted for the year).

b. For the purpose of calculation of provisional compensation, quarterly breakup of the total contracted quantity or the adjusted quarterly quantity (in case of

21 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

short supply) will be done and compared with actual quantity lifted by the buyer for the quarter.

c. Final compensation will be calculated after final reconciliation and adjustments, if any will be made. However, gross compensation amount will be limited to the CPG amount.

d. Compensation due on a buyer, if not deposited separately will be deducted from the advance available or recovered from the CPG of the buyer.

e. Quarterly quantity shall be considered from the scheduled date of start till completion of quarter and subsequently so on till expiry of contract.

61.Termination of Contract

61.1In case, fly ash off take falls below 80% of the contracted or adjusted quantity (whichever is lower), during any three consecutive months on cumulative basis, NTPC Kahalgaon reserves the right to terminate the contract by giving one month notice in writing of their intentions to do so and in such an event the buyer shall not be entitled to any compensation from the supplier. In the event of termination of contract, the liquidated damages will be payable by the buyer at the aforesaid rate mentioned in Clause 60 i.e @ 10% of the awarded price (rounded to the nearest whole number on the higher side) for the short fall quantity below 90% of the contracted / adjusted quantity and the gross amount of liquidated damages / compensation shall be limited to the CPG amount.

Consecutive three months shall be considered from the scheduled date of start till completion of three months and subsequently so on till expiry of contract.

61.2The Supplier also reserves the right to terminate the contract in the event of breach of contract by the buyer giving one month notice in writing of their intentions to do so and in such an event the buyer shall not be entitled to any compensation from the supplier. In the event of termination of contract for any reasons of breach of contract, liquidated damages as arrived under Clause 61 above shall be payable by the buyer.

61.2.1Following will constitute breach of contract:

a.Delay in first off-take by Buyer from the date of issue of award letter by more than three months.

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

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

62.Shortfall in supply by Supplier

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

b.In case Supplier is unable to provide the average monthly/quarterly contracted quantity of fly ash due to any reasons including forced outages of the plant, congestions etc. supplier in respect of each buyer shall accordingly adjust the average monthly/quarterly contracted quantity downward. Under such circumstances the determination of compensation referred at Clause 60 above shall be computed with respect to adjusted yearly / quarterly quantity.

22 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

c.Determination of monthly quantity i.e for any three months for termination of Contract in case of short supply by the Supplier shall also be computed w.r.t quantity made available to the buyer on monthly / quarterly (i.e. for any three months) / yearly as stated in Clause 62 b.

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

63.Taxes, Duties, Levies etc.

a.The Bidder shall be liable and responsible for payment of all statutory levies in the form of taxes, duties, octroi etc. on the Supply of fly ash. Such statutory liabilities, if any, shall be paid by bidder extra at actual, without having any financial implications to NTPC Kahalgaon.

b.All fly ash will be sold on Ex Silo / Ex Works basis. Regarding exports of fly ash by the buyer, it is the responsibility of the buyer to fulfil their export obligations as may be required, and any shortfall in this regard shall be to the account of the buyer only. The buyer indemnifies the seller against all such liabilities and losses on failure to fulfil the export obligations, if any.

64.Delivery

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

b.Delivery will be from Silo Chutes to bulkers / closed trucks / rail rakes only, which are suitable for loading from designated silos. Open trucks will not be allowed to take delivery. Rail loading can be either be in bulk through pneumatic loading or through bags (see Annexure XI and Annexure XII for details w.r.t rail transportation).

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

65. Responsibility during Transportation

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

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

66.Billing

Supplier will issue Exit gate pass on daily basis and invoices on weekly/fortnightly basis and shall deliver to the Buyer(s) an invoice showing the value of the fly ash delivered for each day, along with applicable duty/taxes/cess etc. and shall be adjusted against the advance payment made by the buyer(s) as per Clause 57. Any Statutory form like Form ‘C’ etc. for claiming rebate shall be submitted by the buyer to the supplier for claiming such rebate. In case buyer fails to submit ‘C’ form within one month of the designated quarter, CST will be charged at full applicable rates.

23 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

* ALL DOCUMENTS LIKE SALE ORDER / DELIVERY ORDER / INVOICE ETC FOR LIFTING DRY ASH SHALL BE ISSUED BY HOD (EMG & AUD) OR HIS AUTHORISED REPRESENTATIVES.*

24 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

Annexure – I

Schedule for Qualifying Requirements

We seek qualification as per Clause No. 23(a) under the category __________ (Individual / Partnership firm / Company).

In terms of clause No. 23 (b), we confirm that average annual turnover for the last three financial years as on date of bid opening of M/s_________________________________ is not less than Rs.............. Lakhs. In support of above, we are enclosing audited Balance Sheets and Profit & Loss Account for last three financial years.

Note: - (i) Individual or a partnership firm or a company not falling under statutory requirement of audit, has to submit a certificate from Chartered Accountant certifying the average turnover of the last three Financial Years indicating year wise turnover.

(ii) In case where audited result for the last preceding Financial Year is not available, Certification of Financial Statements from a Chartered Accountant shall also be considered acceptable.

As per Clause No. 17 we are enclosing the following documents: -In case of Partnership firm

25 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

In case of Public or Private Companies

For and on behalf of _____________

26 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

Annexure - II

(ON BIDDER’S LETTERHEAD)

STATEMENT OF DEVIATIONS/EXCLUSIONS

To,

Addl. General Manager (C &M)

NTPC LIMITED Kahalgaon

Address

Dear Sir,

We declare that there are no deviations from the terms and conditions outlined in your

Bidding documents.

Designation ________________

Common Seal or stamp ______________

27 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

Annexure - III

CHECK LIST FOR SUBMISSION ALONG WITH DOCUMENTS

Name of Bidder:

Address:

Date:

(Name & Signature of Bidder)

28 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

Annexure - IV

(On Official Letter head of the Buyer)

NTPC LIMITED

Kahalgaon

Bhagalpur (Bihar)

Subject: Undertaking for Usage of Fly Ash in Cement / construction / or other ash based products / industries.

Dear Sir,

This is to certify that we M/S _______________________________the bidder for the NTPC Kahalgaon Thermal Power Station Fly Ash against Bid Specification No NTPC/ ASH—SUPPLY/DOM/ /15-16/0x or E tender no. MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924 that the Fly Ash, if allocated to us, shall be used in Cement manufacturing / construction / or other ash based product / industry.

Thanking you,

(Signature of authorized person)

(Name & Designation)

(Seal/ Stamp of Company)

29 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

The NTPC Kahalgaon shall have the fullest liberty without affecting in anyway the liability of the bank under this guarantee from time to time to extend the time for performance of the contract by the Buyer. The NTPC Kahalgaon shall have the fullest liberty, without affecting this guarantee to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Buyer, and to exercise the same at any time any manner, and whether to enforce or to forbear or to enforce any covenants, contained or implied, in the contract between NTPC Kahalgaon and the Buyer or any other course of remedy or security available to the NTPC Kahalgaon. The bank shall not be released of its obligation under these presents by any exercise by the NTPC Kahalgaon of its liberty with reference to the matters aforesaid or any of them or by a reason of any other acts of omission or commission on the part of the NTPC Kahalgaon or any other indulgence shown by the NTPC Kahalgaon or by any other matters or thing whatsoever which under law would, but for this provision, have the effect of relieving the bank.

The bank also agrees that the NTPC Kahalgaon at its option shall be entitled to enforce this guarantee against the bank as a principal debtor, in the first instance without proceeding against the Buyer and notwithstanding any security or other guarantee that the NTPC Kahalgaon may have in relation to the Buyer’s liabilities.

31 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

......................................... (Designation with Bank stamp)

32 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

Annexure – VII

List of the Banks

SUBMISSION OF BANK GUARANTEE AS CONTRACT PERFORMANCE GUARANTEE

UPDATED SCHEDULED COMMERCIAL BANK LIST

A SBI AND ASSOCIATES

1.State Bank of India

2.State Bank of Bikaner & Jaipur

3.State bank of Hyderabad

4.State Bank of Mysore

5.State Bank of Patiala

6.State Bank of Travancore

B NATIONALISED BANKS

1.Allahabad Bank

2.Andhra Bank

3.Bank of India

4.Bank of Baroda

5.Bank of Maharashtra

6.Canara Bank

7.Central Bank of India

8.Corporation Bank

9.Dena Bank

10.Indian Bank

11.Indian Overseas Bank

12.Oriental Bank of Commerce

13.Punjab National Bank

14.Punjab & Sind Bank

34 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

15.Syndicate Bank

16.Union Bank of India

17.United Bank of India

18.UCO Bank

19.Vijaya Bank

C. SCHEDULED FOREIGN BANKS

1.Bank of America- NA

2.BNP Paribas

3.Crédit Agricole Corporate and Investment Bank

4.Citi Bank- N.A.

5.Deutsche Bank A.G

6.The HongKong and Shangai Banking Corporation Ltd

7.Standard Chartered Bank.

8.Societe Generale

9.Barclays Bank

10.Bank of Nova Scotia

11.DBS Bank Ltd.

12.The Bank of Tokyo –Mitsubishi UFJ Ltd.

D SCHEDULED PRIVATE BANKS

1.ING Vysya Bank Ltd

2.ICICI Bank Ltd

3.HDFC Bank Ltd

4.Axis Bank Ltd.

5.Yes Bank Ltd. (Up to 30.09.2015)

E OTHER PUBLIC SECTOR BANKS

1. IDBI Bank Ltd .

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

35 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

Annexure VIII

MODEL AWARD LETTER FOR SUPPLY OF FLY ASH FROM NTPC Kahalgaon

Letter of Award

To,

Sub: - Award letter for “Supply of Fly Ash” from NTPC Kahalgaon

Dear Sir,

This has reference to the following:

c) E tender catalogue/document as published

d)Your offer submitted Ref. No. __________dated _________

We are pleased to accept your above mentioned offer and allocate you _____MT / Annum of Dry Fly Ash from Ash Silo of stage I and II of NTPC Kahalgaon for a period of 01 (One) year.

36 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

Terms and Conditions of Supply:

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

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

a)Contract Period:

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

ii)The completion date of contract is _______.

b)Period of Supply:

Commencement date of issue of fly ash is from _______________for the quantity mentioned above.

c)Price:

The price of Fly Ash is Rs.__________/MT (exclusive of all taxes & duties).

d)Taxes & Duties:

The buyer shall be liable and responsible for payment towards any taxes, duties, levies, octroi etc applicable/enforced (by State/Central Government) from time to time during the tenure of the contract. Such liabilities if any shall be paid by the buyer extra at actual without having any financial implications to NTPC.

e)Price Adjustment:

The price of Fly Ash indicated at para 3 (c) shall remain firm for a period of one year.

f)Consideration payable by the party:

Allocated quantity of Fly Ash for any year shall be divided into monthly quantity & amount payable based on this monthly quantity is to be deposited in advance (along

37 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

with taxes and duties as applicable) in the form of RTGS/Demand Draft in favour of NTPC LTD payable at KAHALGAON for the quantity of Fly Ash to be lifted in next month.

g)Contract Performance Guarantee (CPG):

i)Contract Performance Guarantee (CPG) of Rs.__________/- [Rupees

______________________ Only] @ 5% of the value [Rs.___________________________/-] of annual allocated quantity of ____ MT, has to be submitted within fifteen (15) days of issue of this award letter in the form of RTGS/Crossed Demand Draft or unconditional and irrevocable Bank Guarantee in favour of payable at KAHALGAON .

ii)CPG to be submitted in the form of Bank Guarantee shall be valid for 90 days in addition to period of contract.

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

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

h)Submission of Form-C.

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

Compensation against shortfall & Termination of Contract:

Compensation against shortfall during regular off-take:

Compensation against Shortfall during off-take will be governed as per clause No. 60 of Special Conditions of Supply of contract document.

b)Termination of Contract:

Termination of Contract will be governed as per clause No. 61 of Special Conditions of Supply of contract document.

Delivery point:

a)NTPC Kahalgaon would deliver fly ash from the discharge chute of designated ash

Silos of the stage I and II units of the plant.

38 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

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

6.0Pollution Control & Transportation of Fly Ash:

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

7.0Safety:

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

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

8.0Working Hours:

Delivery of fly ash is intended to be given on all days including national holidays or as per Engineer-in-Charge.

9.0Quality and Quantity of Fly Ash:

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

10.0Authorized Person:

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

11.0End Use Certificate:

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

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

13.0Only Bhagalpur Court shall have the exclusive jurisdiction in all matters pertaining to the supply.

39 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

14.0Engineer-In-Charge:

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

15.0Bank Details of NTPC (in case of RTGS) for payments above Rs.5.0 lakhs (if applicable):

Bank details of NTPC Kahalgaon for payments below Rs.5.0 lakhs (if applicable)

16.0This letter of award is issued to you in duplicate: you are requested to return a copy of the same duly signed as acknowledgement of the same within Fifteen (15) days of issuance of this letter.

Signed by & on behalf of NTPC Kahalgaon

Encl.: Booklet containing Special Conditions of Supply (SCS), General Conditions of Supply (GCS) and other terms & conditions.

40 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

Annexure – IX

41 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

42 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

Annexure X

(On official letter head of the Company)

SUPPLY OF FLY ASH FROM NTPC KAHALGAON THERMAL POWER STATION (Bid Doc Ref. No: - NTPC/ASH- SUPPLY/DOM/KhSTPS/15-16/02)

(FORM OF ACCEPTANCE OF FRAUD PREVENTION POLICY)

To

NTPC LIMITED

Kahalgaon, Bhagalpur

Bihar-813214

Dear Sir,

We have read the contents of the Fraud Prevention Policy of NTPC displayed on its tender website http://www.ntpctender.com and undertake that we along with our associate/collaborator/ subcontractors/sub vendors/consultants/service providers shall strictly abide by the provisions of the Fraud Prevention Policy of NTPC.

Yours faithfully,

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

Place :_____________

Date:______________

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

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

43 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

Annexure XI

Instructions to bidders in case they wish to transport ash by rail

Present facilities at site include loading of fly ash from Silo chutes directly into rail wagon or after bagging (40 kg small bags) of fly ash. However request of buyers desirous of availing such facility shall be considered at the discretion of Engineer-in-Charge.

.

1.1For transportation of fly ash by rail by the awardees, all permissions/authorisation for loading and all charges / taxes / duties / demurrage / levies etc. towards the same will be to the account of the buyer. Before commencement of supply of fly ash by rail, the buyer will be required to submit undertaking (Annexure-XIII) an additional guarantee in the form of RTGS/DD in favour of NTPC Kahalgaon or BG of Rs 20,00,000/- ( Rupees Twenty lakhs only) as security to cover any possible demurrage or other charges as levied by railways.

1.2Loco will be provided by NTPC for hauling of rake from the exchange yard to the silos for loading fly ash and back to exchange yard on chargeable basis. The facilitation charges towards hauling rake and housekeeping of silo & loading areas at NTPC will be Rs. 30000/- (Rupees Thirty thousand only) per rake which is over and above the cost of the ash discovered in the bidding.

44 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

Annexure –XII

UNDERTAKING FOR AVAILING RAKE LOADING FACILITY

(to be filled in Rs 1000/- non-judicial stamp paper)

This Deed of undertaking is made on this ______ day of ________ (month)________

________ (year) by __________________________________ a company registered under the Companies Act, 1956/ Registered partnership Firm/ Sole Proprietor (whichever applicable), represented by its

_________________________________________________ authorized signatory having its registered office at ________________ (hereinafter called “the buyers”, which expressions shall unless repugnant to the context or meaning thereof include its successors and assigns) in favour of M/s NTPC Limited, a Company incorporated under the Companies Act, 1956, having its registered office at Core-7, Scope Complex, Lodhi Road, Institutional Area, New Delhi-110003, having one of its project at Kahalgaon STPS, Bhagalpur distt, Bihar-813214 (hereinafter called “NTPC Kahalgaon” which expression shall unless repugnant to the context or

Whereas, we are manufacturers of cement/ traders of fly ash and have been allocated

…………MT of dry fly ash from NTPC Kahalgaon vide NTPC LOA No.

………………………………… and submitted our application dt……………… to the NTPC for getting our selves registered for bagging, stacking and transportation of dry Fly Ash through rail rake from NTPC Kahalgaon railway siding.

Whereas, we, buyers of fly ash, are submitting the following undertaking in terms of smooth bagging, stacking & transportation of dry fly ash through rail rakes from NTPC Kahalgaon;

1.That dry fly ash loading facility, either in jumbo bags or in small bags, one at a time, will be provided by NTPC Kahalgaon. Arrangement of bags, labours, rakes/ wagons other required infrastructure will be in our scope.

2.The responsibility of bagging, stacking, loading of bagged ash into wagons & transportation of dry fly ash through rail rakes from NTPC Kahalgaon will be under our scope.

3.Fly ash material cost will be paid by us to NTPC as per contract. The cost of bagging, stacking, loading and transportation including all taxes & duties to be borne by us.

4.Loco/ shunting engine inside NTPC Kahalgaon will be provided by NTPC for siding & shunting. We will submit a DD of amount Rs. 80000/- for jumbo bagging or Rs. 30000/- for manual bagging as per case, in favour of NTPC Limited, Kahalgaon per rake as facility charge against different facilities provided by NTPC Kahalgaon like power charge (loco), bagging machine, area up- keeping etc.

5.That we will be responsible for payment of freight, UC, DC and other charges for the traffic dealt with at our side. Further, we shall submit a returnable & interest free security deposit of Rs. 2000000/- (Rupees twenty lakhs only) for reimbursement of

45 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924

any debit note issued by the railways to NTPC regarding payment of freight, UC, DC and other charges for the traffic dealt with at NTPC Kahalgaon ash siding.

6.Notwithstanding anything mentioned in the foregoing clauses, we undertake that for any liability which accrues to the railways due to the use of the siding and the dues as ascertained by Railways shall be paid by us. In case of the non- payment of any dues claimed by Railways/ NTPC, the same may be deducted by NTPC from our security deposit against debit note raised by railways/ NTPC. We shall be debarred from availing this dry fly ash loading facility till deposition of the deducted amount of SD to NTPC Kahalgaon.

7.We will collect ash on 24 hrs basis (subject to availability of bagging machine and ash in silos) and shall inform NTPC minimum 3 days in advance before placement of rake. We shall be permitted to place rakes only after paying due freight charge to Railways and after submitting supporting documents in this regard.

8.We will abide by and solely responsible for compliance of all rules and regulation for labour, wages and safety as per statutory requirement and NTPC policy guide line.

9.That the permission so granted should be valid for six months and may be reviewed/ renewed thereafter and the permission shall not be treated as an exclusive right. Within the permitted period, any other approved parties, duly enlisted/ approved by NTPC shall be eligible to lift ash from ash silos.

10.That over and above, we agree to abide by all the relevant rules and regulations issued or to be issued from time to time by the E. Railway and NTPC Limited.

11. NTPC policy guideline on ash utilization shall be applicable throughout the permission period and shall form integral part of this permission.

14

12.If felt by NTPC, Liaisoning with SPCB/CPCB shall also be carried out by us in this regard.

13.We shall abide by the rake placement policy as decided by AU Division.

14.We shall be debarred from availing this dry fly ash loading facility within one month of notice issued by NTPC if we fail to obey any of above conditions.

15.In case of any dispute raised in this regard, it will be settled within the jurisdiction of Bhagalpur.

Signature of the Party

Address:

Dated

46 MSTC/ERO/NTPC Ltd/3/Kahalgaon/15-16/14924