NTPC Limited

(A government of India enterprise)

Barh thermal Power Plant

Notice inviting Expression of Interest (EOI)

For Sale Dry fly Ash @INR100.00 /MT (Exclusive of all GST & Duties)

No. BARH/ASH-SUPPLY/DOM/BARH/2019 Date: 19/02/2019

NTPC Ltd. Barh (henceforth referred to as NTPC Barh) intends to promote utilization of fly ash as resource material. To facilitate this, NTPC

Barh wishes to sale fly ash for a period up to 28.08.2019 . NTPC Barh thus invites offers from eligible and interested buyers for sale of fly

ash 300000 MT from Unit 4 & 5 of NTPC Barh . The price of fly ash shall be INR 100.00/MT(exclusive of all GST & Duties),On as available

on first cum first serve basis as mentioned below:

Power Stations

/ Location

Quantity

Available

Fly Ash

quantity to be

supplied

Period of

Supply

BARH Super

Thermal Power

Station, NTPC,

BARH, Dist:

Patna, State:

Bihar, PIN:

803215

300000 MT

On as

available and

first cum first

serve basis

to28.08.2019

The fly ash shall be delivered to the interested buyers from the designated delivery point (s) i.e. ash Silo chute of the thermal power station.

The buyer(s) shall make arrangements for taking delivery in their own bulkers or closed trucks only.

sale of as available basis and on first cum first serve basis. The intending customers have to show his interest for the quantity at the price of

INR 100.00/MT(exclusive of all GST & Duties) .

For further details, please visit www.ntpctender.com or contact

Shri Pardeep Kumar AGM(AM) or

Sri Alok Raizada, AGM(AM)

NTPC Barh,

BARH Super Thermal Power Station, NTPC, BARH, Dist: Patna, State: Bihar, PIN: 803215

Mobile no 7368807019 or 9650993862

1.0 Qualifying Requirements for the Bidders

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

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

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

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

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

a) 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.

b) 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).

SPECIAL TERMS & CONDITIONS

M/s Barh Super Thermal Power Station, (hereinafter referred to as NTPC Barh/ seller / principal) or persons duly authorized in this regard

(hereinafter called as Authorities).

2.0 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 ten (10) percent of value of allocated quantity in the form of RTGS / Demand Draft in favour of NTPC Ltd.

payable at SBI, Barh ( State Bank of india, NTPC campus, Barh Branch, MICR code 803002104, IFSC code: SBIOO10085, AC no 34011029016 or

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 VIII 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 . In that event no damages or compensations shall be payable to the

buyer.

c. For commencement of supplies, submission of Contract Performance Guarantee (CPG) is a precondition.

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

3.0 Award Criteria :-

The awards shall be on first cum first serve basis. The purchaser are to submit their willingness in writing for their requirement of Dry Fly ash

quantity in MT @ INR100.00(exclusive of all GST & Duties), to NTPC Barh Ash management Department. The requirement so received shall be

maintained in a register kept in ash management Department. The interest received up to 30 days from the date of publication this notice in NTPC

website or up to such time the willingness of full available quantity of 300000MT or more is received (whichever is earlier) shall only be considered,

in case the demand received is more than the available quantity the award shall be considered on Pro Rate basis. The entire requirement received

from 9.00 am to 6.00 PM on every day from the date of publication of the notice shall be considered as received at the same time for the purpose of

determining the first cum first serve basis. The NTPC- Barh reserve the right to accept or reject all or any interest so receive without assigning any

reason whatsoever

4.0 Award price:

Price shall be the award price and shall remain firm up to 28.08.2019

Period of Supply:

Duration of Supply of fly ash from NTPC BARH Station will be up to 28.08.2019 .

5.0 Taxes, Duties, Levies etc. :

a. Taxes, Duties, Levies etc.:- The Bidder shall be liable and responsible for payment of all statutory levies in the form of taxes, duties, octroi etc. on

the Supply. Such statutory liabilities, if any, shall be paid by bidder extra as actuals.

b. Regarding exports, it is the responsibility of the buyer to fulfill their export obligations as may be required and any non compliance in this regard

shall be to the account of the buyer only. The buyer indemnifies the seller against all such liabilities and losses on failure to fulfill the export

obligations also including the statutory obligation as well, if any.

6.0 Bid Security: Not Applicable

7.0 Arbitration

a. In the event that the parties are unable to resolve the disputes , controversy or claim relating to or arising out of this contract, such disputes,

Tribunal), in accordance with the Arbitration and Conciliation Act 1996 as amended from time to time and read with rules framed there under.

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 pro visions contained in Clause b & c above.

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

f. The venue of arbitration shall be BARH 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. Controversy or claim shall be finally settled by a panel of

arbitrators

7.0. JURISDICTION:

7.1.1 The contract shall in all respect be construed and operated as an Indian Contract and in accordance with the Indian Laws in force and subject

to exclusive jurisdiction of PATNA High Court.

8.0 Special Terms And Conditions: - All other conditions which are not specifically mentioned above shall be same as in AUCTION NO.

MSTC/ERO/NTPC Ltd, Barh /2/Barh/17-18/