Table of Contents

INVITATION FOR BIDS

Page No.

Introduction..............................................................................................................................................05

Scope of Supply:..................................................................................................................................05

Bidding Detail.........................................................................................................................................05

Eligibility for bid participation...................................................................................................06

Qualifying Requirements for the Bidders.........................................................................06

Undertaking of Utilisation of ash……….……….…………………………………07

Contact Details..…………………………………………………………………....08

Websites:....................................................................................................................................................08

DEFINITIONS

10.

Definitions..….……………………………………………………………..……...09

INSTRUCTION TO BIDDERS

11. Introduction..............................................................................................................................................11

12. The Bidding Documents.................................................................................................................11

13. Validity of Bids.......................................................................................................................................11

14. Bid Security(EMD)...............................................................................................................................11

15. Procedure for registration and payment of Bid Security .....................................11

16. Late bids .....................................................................................................................................................11

17. Bidding Requirement.……………………………………………………………...11

18. Modification and Withdrawal of Bids...................................................................................12

19. Bidding Schedule ................................................................................................................................12

20. Owner’s Right to accept any Bid or to reject any or all Bids............................12

21. Owner’s Right to Vary quantities at the time of allocation/supply...............12

22. Contract Performance Guarantee (CPG)...........................................................................12

23. Notice............................................................................................................................................................12

24. Understanding and Clarification of Bid Documents................................................12

25. Award for sale of Fly Ash...........................................................................................................133

26. Bid Proposal Schedule.................................................................................................................133

27. Uniform Bid quantity over the allocation period......................................................133

28. Check List...............................................................................................................................................133

29. Deviation.................................................................................................................................................... 13

30. Fraud Prevention Policy................................................................................................................ 13

30a. Declaration on Banning Policy.…………………………………………………. 14

GENERAL CONDITIONS OF CONTRACT

1. Acquaintances of local conditions;.....................................................................................155

2. Language of the Contract …………………………………………..……………..15

33. Confidentiality ……………………………………………………………………....15

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

4. Examination of Bids and Determination of Responsiveness…..……………..155

5. Settlement of disputes…..….…………………………………………………....15

6. Arbitration…..………..…………………………………….………………………16

7. Force Majeure….……………………………………....……………………….…16

38. Insurance & Buyer’s Liability..................................................................................................188

39. Suspension of the supply..........................................................................................................188

40. Indemnity for defense of Suits...............................................................................................199

41. Recovery of Sums Due.................................................................................................................199

42. Safety Requirements......................................................................................................................199

43. Disorderly Conduct.........................................................................................................................199

44. Jurisdiction of Court………………...…………………………………………..…..19

45. No Breach of Contract.................................................................................................................... 19

SPECIAL CONDITIONS OF CONTRACT

46. Scope of Supply....................................................................................................................................20

47.

Working Hours.…………………………………………………..………………..20

48. Delivery Point...................................................................................................................................….20

49. Quality of fly ash ..................................................................................................................................20

50. Methodology for Pricing…….…………………………………………………..…..20

51. Price & Bidding Methodology……......……………..………………...…………..20

2. Evaluation Criterion of Bids…. . …………………………………...………….....21

Award Criteria……… ……………………………………………………….....….21

4. Award Price ……………………………………………………...………….……..22

5. Period of Supply..………………………………………………...………………..22

6. Upward Quantity Flexibility………………………………………………………..22

7. Payment terms & Bank Charges…….………………………………….…….….22

Commencement of first offtake.....… ………………………………..…………..22

59. Weighment for invoicing................................................................................................................22

60. Compensation against short fall during regular off take .....................................22

61. Termination of contract .............................................................................................................. 233

62. Shortfall in supply by Owner......................................................................................................23

63. Taxes, Duties and Levies…………………………………………………………..24

64. Delivery.…………………………………………………………..……………….. 24

5. Responsibility During Transportation…..…..……………………………..……...24

6. Billing………………………………..……………………………………………….244

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

ANNEXURES

Annexure - IA SCHEDULE FOR QUALIFYING REQUIREMENT......................... 25

Annexure - IB MSTC SAMPLE BID SHEET..……………………………………….29

Annexure - II STATEMENT OF DEVIATIONS/EXCLUSIONS…………………... 31

Annexure - III CHECKLIST FOR SUBMISSION ALONG WITH DOCUMENTS....32

Annexure - IV UNDERTAKING FOR USAGE OF FLY ASH.… …………… ….. 33

Annexure - V PROFORMA OF BANK GUARANTEE FOR CPG..…… ………... 34

Annexure - V(A) BG CHECK LIST.....…………………………………………………..37

Annexure – VI PROFORMA FOR EXTENSION OF BANK GUARANTEE………..39

Annexure - VII LIST OF BANKS FOR CPG…....…………………………………….40

Annexure - VIII MODEL AWARD LETTER FOR SUPPLY OF FLY ASH…………44

Annexure - IX BIDDER DETAILS……………………………………………………..49

Annexure - X FORM OF ACCEPTANCE OF FRAUD PREVENTION POLICY.…51

Annexure - XI PRICE REVISION CLAUSE……………. ...…………………………..52

Annexure XII RELATED TO TRANSPORTATION OF FLY ASH BY RAIL ….…..53

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

NTPC LTD BONGAIGAON

INVITATION FOR BID FOR SALE OF FLY ASH FROM

NTPC BONGAIGAON THERMAL POWER STATION

Tender No: NTPC/ ASH-SUPPLY / DOM /BGTPS/ 19-20/03

Date: 30.08.2019

Introduction

NTPC LIMITED BONGAIGAON (henceforth referred to as NTPC BONGAIGAON 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 Bongaigaon wishes to supply fly ash for a

period of 01(one) year. NTPC Bongaigaon thus invites bids from eligible and interested

buyers for supply of fly ash from the Unit 1,2 & 3 (3 X 250) MW units of NTPC

BONGAIGAON THERMAL POWER STATION (henceforth referred to as NTPC BgTPS) as

mentioned below:

Scope of Supply:

NTPC BgTPS invites bids as specified in the e tender catalogue – document / bid

document for the sale of fly ash to the interested and eligible users from the

designated delivery point(s) i.e. Ash Silo chute of the 3 X 250 MW units of the Station,

as detailed in the bid document, in the buyer’s bulkers/covered trucks/rail

wagons/rakes only (for rail see Annex XII) on ‘as available’ basis.

Total quantity of fly ash in MT from the Station is available for sale tentatively on

yearly basis as per details given hereunder -.

Power Stations / Location

Quantity

available

Fly Ash quality to be

supplied

Period of

Supply

BONGAIGAON THERMAL

STATION, SALAKATI

POWER 450000 MT /

Annum

on “as available”

basis

01 year(s)

Bidding details

Detailed conditions and scope of work are given in the bid documents/xxxxxxx, which

can be downloaded from the websites referred below:

Bid Document No.

E Tender no.

: NTPC/ASH- SUPPLY/DOM/BgTPS/19-20/03

:___________________________________

: 01 Year(s)

Period of supply

Period of availability of bid

document for i)registration

with MSTC, ii)submission of: From 11.12.2019 to 10.12.2020

EMD and iii) submission of

QR documents

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-

0/03

Submission of Bids

: from xxxxhrs dt xx.xx.20xx to yyyyhrs dt. xx.xx.20xx

EMD @ Rs.4/-MT with minimum amount of Rs.48000/- for

Bid Security

2,000 MT. (Specific approval by HOS/HOP for reduction of

EMD may be done on merit basis).

All bids must be accompanied by Earnest Money Deposit (EMD), in the form

stipulated in the bidding documents. Any bid not accompanied by an acceptable EMD

shall be rejected as being non responsive.

Eligibility for bid

participation All Buyers who

(i) are registered as per specified guidelines for registration with E – Tender

Platform being used by Station,

(ii) have remitted the EMD as per the applicable terms,

(

iii) have submitted qualifying documents at NTPC Bongaigaon as per Annex 1A before the last day

of submission of documents as per para 3.0 above and found correct as per terms and

conditions of the e – tender/bid document alongwith all relevant Annexures duly filled say ‘no

deviation statement, Fraud prevention policy’ etc. shall be eligible to participate in the

bidding process.

Qualifying Requirements for End Users/Industry

a) Bidder should be a firm or a company or a JV/Consortium.

b) Bidder should be an End User / Industry (They are directly engaged in

manufacturing of products using fly ash like Cement, RMC (Ready Mix Concrete),

RCC Pipes, and Asbestos sheets and fly ash based building products.* ).

c) The average turnover of the bidder for the last three financial years should be

i) For Quantity upto 12000 MT per Annum: Total Value at the floor price as

decided by the site for 12000 MT subject to minimum of Rs 3 Lakhs per annum.

ii) For quantity between 12000 MT to 50000 MT: Total Value at the floor price as

decided by the site for 50000 MT subject to minimum of Rs 10 Lakhs per annum.

iii) For quantity between 50000 MT to 200000 MT per Annum: Total Value at the floor price

as decided by the site for 200000 MT subject to minimum of Rs 25 Lakhs per annum.

iv) For quantity more than 200000 MT per Annum: Rs. Total Value at the floor price

as decided by the site for 300000 MT subject to minimum of Rs 50 Lakhs per annum.

In case the bidder is a Joint Venture/Consortium all the partners of the Joint

Venture/Consortium shall be collectively required to meet the turnover criteria.

Note:

In case of Manufacturers/End Users, the said agencies are also required to

submit statutory license from government/Work Orders/Certificates from the

client to prove that they are involved in manufacturing work using fly ash.

Industries doing Classification, Grinding, Adding Additives, or any other

value addition are considered as Industry.

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

Qualifying Requirements for End Users/Industry/Traders (in case the tender

floated to Endusers/Industry is not successful)

a) Bidder should be a firm or a company or a JV/Cosortium.

b) Bidder should be an End User / Industry (They are directly engaged in

manufacturing of products using ash like Cement, RMC (Ready Mix Concrete),

RCC Pipes, and Asbestos sheets and fly ash based building products etc.* ).

Bidder should be a Trader**, i.e. Agencies simply working as intermediary by taking ash from

our stations not for their own consumption but to supply to the End Users/Industries who are

directly engaged in manufacturing products using ash like Cement, RMC (Ready Mix Concrete),

RCC Pipes, and Asbestos sheets and fly ash based building products etc. ).

c) Allocation of fly ash quantity to a single trader will not exceed more than 50% of the tender

quantity.

d) The average turnover of the bidder for the last three financial years should be

i) For Quantity upto 12000 MT per Annum: Total Value at the floor price as

decided by the site for 12000 MT subject to minimum of Rs 3 Lakhs per annum.

ii) For quantity between 12000 MT to 50000 MT: Total Value at the floor price as

decided by the site for 50000 MT subject to minimum of Rs 10 Lakhs per annum.

iii) For quantity between 50000 MT to 200000 MT per Annum: Total Value at the floor price

as decided by the site for 200000 MT subject to minimum of Rs 25 Lakhs per annum.

iv) ) For quantity more than 200000 MT per Annum: Rs. Total Value at the floor price

as decided by the site for 300000 MT subject to minimum of Rs 50 Lakhs per annum.

In case the bidder is a Joint Venture/Consortium all the partners of the Joint

Venture/Consortium shall be collectively required to meet the turnover criteria.

Note:

(

i) In case of Manufacturers/End Users, the said agencies are also required to

submit statutory license from government/Work Orders/Certificates from the

client to prove that they are involved in manufacturing work using fly ash.

ii) In case of Traders also, the said agencies are also required to submit statutory

license from government/Work Orders/Certificates from the client to prove that they

are involved in Trading/Supply of fly ash to the manufacturers of fly ash products.

(

Undertaking of Utilisation of Ash

Bidders shall submit an undertaking of utilizing the Fly Ash in Cement, Construction

or any other Ash based product / Industry (Annex IV).

Submission of Bids

Bids are to be submitted by the buyer online in the MSTC website

www.mstcecommerce.com or as mentioned, within the bid submission time as per

time schedule indicated at para 3 above respectively.

Industries doing Classification, Grinding, Adding Additives, or any other

value addition are considered as Industry.

**Agencies doing Packing of Fly Ash for sale to Industries/End Users will be termed as Traders.

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

Contact Details

AGM (C&M) / DGM (C&M),

NTPC LIMITED-

Address :

BongaigaonThermal

Power Station

P.O:Salakati

Dist.: Kokrajhar-783369

Tel:03661- 282778_email:amitabhasutradhar@ntpc.co.in

Websites

For referring to Invitation for Bids, Bid documents, and downloading of the same

and online bidding, E Tender platform being used by station may be referred to

www.mstcecommerce.com or www.mstcindia.com

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

DEFINITIONS

In this contract, following terms shall be interpreted as:

0.1

“The Contract” shall mean the issuance of award letter including bid documents

and amendment thereof which will constitute the formation of the Contract.

0.2

0.3

0.4

“The Contract Value” means the consideration payable to the suppliers 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).

0.5

0.6

0.7

“GCC” mean General Conditions of Contract contained in this document.

“SCC” means Special Conditions of Contract contained in this document.

“The Buyer” (i.e successful bidder or awardee) which expression shall unless repugnant to

the context or meaning thereof be deemed to include its successors and permitted assigns.

0.8

“Owner/Supplier” (i.e. NTPC LIMITED BONGAIGAON / NTPC BgTPS) which

expression shall unless repugnant to the context or meaning thereof be deemed to

include its successors and permitted assigns.

0.9

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

0.10 Awarded Quantity/Annual Contract Quantity/Annual Allocated Quantity - is the

quantity of fly ash as finalized by NTPC LIMITED BONGAIGAON for award during a

year and shall be expressed in Metric Tonne (MT) per annum.

0.11 “Arbitration Act” means the Indian Arbitration and Conciliation Act, 1996, as

amended and modified from time to time, including any re-enactment thereof.

0.12 Metric Tonne (MT) means 1000 Kilograms.

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

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

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

0.15 Dispute/Dispute Notice Refer clause 35 of bid documents.

0.16 “Engineer in charge” means the officer appointed in writing by NTPC LIMITED

Bongaigaon to act as an engineer from time to time.

0.17 “First Off take” means the date of first off take of fly ash, by the buyer from Delivery

Point in accordance with this Agreement.

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

0.19

“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.

0.20 “Quarter” shall mean a period of 03 months and shall be calculated from the

scheduled date of commencement of contract.

0.21 “Party” means the Owner or the Bidder, as the case may be, and “Parties” means

both of them.

0.22

0.23

“Awarded Price / Prevailing Price”

“

Awarded Price” is the price mentioned in the Letter of Award

Prevailing Price” is the revised awarded price for the contract entered for more

than one year

“Adjusted quantity” means the quantity of fly ash which the NTPC is not able to provide

to the buyers due to any reasons including forced outage of the plant, congestion, rain

etc, the NTPC accordingly shall adjust the awarded quantity downwardly of each buyer (

to be used for the purpose of compensation/termination).

0.24 “Adjudicator” means the person or persons appointed by the Head of Station /

Project to make a decision on or to settle any dispute or difference between the

Owner and the Buyer, referred to him or her by either of the parties pursuant to GCC

Sub-Clause 35 b) (Adjudicator) hereof.

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

INSTRUCTIONS TO BIDDER

Introduction

NTPC LIMITED Bongaigaon, having office at Salakati (hereinafter called

Owner/Supplier”) will sell fly ash from Unit 1,2 &3 (3 X 250 )MW units of NTPC

“

BONGAIGAON THERMAL POWER STATION mentioned in the invitation for bid.

The Bidding Documents

The Bidding documents shall comprise of following:

* Invitation for Bid.

* Instructions to bidders

* General Conditions of Contract

* Special Conditions of Contract

* Annexures

* E-Tender documents/Catalogue

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. In exceptional circumstances the

Owner may solicit the Bidder’s consent for extension of the bid validity period.

When the validity period is extended by the Bidder, the same shall be done

without any modification to the bid proposal by the Bidder

Bid Security (EMD)

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

b. The Bid Security shall be deposited to MSTC through e payment gateway as

per procedure outlined by MSTC .

c. Bid security of unsuccessful bidders shall be returned by MSTC as promptly as

possible, but not later than 60 days after the expiration of the bid validity period.

d. Bid Security of successful Bidder(s) shall be returned/adjusted by NTPC only

after submission of requisite amount of Contract Performance Guarantee (CPG).

e. The Bid Security may be forfeited if the bidder / his representative commits any fraud

while competing for this contract pursuant to Fraud Prevention Policy of NTPC.

Procedure for registration & payment of bid security

Only the customers registered with E – Tender Platform being used by the

station can submit EMD/Bid security as per procedure outlined in e – tender.

Late Bids

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

Bidding Requirement

Only registered bidders will be allowed to participate subject to bidder meeting

the bid requirements as per para 4.0 of IOB. In addition, all bidders whether

Proprietor, Partnership Firms or a Company are to submit relevant documents as

mentioned at Annex 1A.

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

Modification and Withdrawal of Bids

No bid can be withdrawn. However during the bidding period, bidders may modify

their bid any number of times upto 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.

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 for bid or as amended and

informed to bidders from time to time on the E tender website.

Owner’s Right to accept any Bid or to reject any or all Bids

Notwithstanding anything mentioned above, the Owner 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.

Owner’s Right to vary quantities at the Time of allocation / supply

The Owner 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.

Contract Performance Guarantee (CPG)

Within fifteen (15) days of the issue of award letter for allocation by the Owner,

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 Bongaigaon payable at

Salakati or through an unconditional and irrevocable Bank Guarantee (as per Format

at Annexure V) and verified as per checklist at Annexure V(A). 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.

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.

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

Contract Performance Guarantee (CPG) shall be released within 90 (Ninety) days

after successful completion of contract in all respects.

Notice

Any notice, request, or consent sought pursuant to the tender shall be in writing and

shall be deemed to have been made when delivered in person to an authorized

representative of the Owner or Bidder to whom the communication is addressed, or

when sent by speed post, telex, telegram, or facsimile to such Party i.e. Owner or Bidder.

Understanding and Clarification of Bid Documents

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 to the Owner for an interpretation/clarification of the Bid documents. However,

such request must reach the Owner seven days before start of bid opening otherwise,

the request for clarification shall not be entertained. After receipt of such interpretation

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

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.

Verbal clarifications and information given by Owner or its employees or

representatives shall not be in any way binding on the Owner.

Award for sale of Fly Ash

The Owner will issue Award letter (Model Award letter at Annexure VIII) of

allocation for sale 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.

Bidder would be required to comply with all requirements of the notification of allocation

without any extra cost to the Owner, failing which his bid security may be forfeited.

Bid Proposal Schedule

Bidders are to quote online their annual quantity requirement against the respective

prices during the bidding period. Sample bid sheet is shown at Annex 1B.

Uniform Bid quantity over the allocation period

The quoted annual quantity requirement shall be considered uniform per month

after commencement of first off take for the remaining supply period.

Check List

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

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.

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) and may

result in forfeiture of bid security.

ADHERENCE TO FRAUD PREVENTION POLICY [as

per prevailing NTPC Instruction to Bidders (ITB)]

The Buyer along with its associate / collaborators / subagencies/ sub-vendors / consultants /

service providers shall strictly adhere to the Fraud Prevention Policy of Owner displayed on

its website http://www.ntpctender.com The Buyer shall immediately apprise the Owner about

any fraud or suspected fraud as soon as it comes to their notice.

A certificate to this effect shall be furnished by the bidder along with his bid by

accepting the condition “Acceptance of Fraud Prevention Policy of NTPC”.

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 Owner shall be entitled

to disqualify the Buyer(s) from the bidding process and forfeit the Earnest Money

Deposit. In addition to the above, if the Bidder has committed a fraud such as to put his

reliability or credibility into question, the Owner shall be entitled to exclude including

blacklist and put the Bidder on holiday for any future tenders/contracts award process.

A certificate to this effect as per Annexure - X shall be furnished by the

bidder along with his bid.

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

30a

DECLARATION ON BANNING POLICY

as per prevailing NTPC Instruction To Bidders (ITB)]

[

The Owner has in place a policy for withholding and banning of business Dealings

as displayed on its website http://www.ntpctender.com. Business dealings may be

withheld or banned with the Buyer on account of any default by the Buyer or any of

the grounds detailed in the said Banning Policy. Declaration on Policy for

withholding and banning of Business dealings is to be given by accepting the

condition “Do you accept Withholding & Banning of Business Dealing Policy”.

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

GENERAL CONDITIONS OF CONTRACT

Acquaintances of local conditions;

It will be imperative for the Bidder to fully inform himself of all local conditions,

legal requirement and factors which shall have any effect on the execution of the

work covered under these documents and specifications.

Language of the Contract

All bids shall be submitted in English Language

Confidentiality

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.

Any effort by the bidder to influence the Owner in the Owner’s bid evaluation, bid comparison,

or allocation decisions may result in the rejection of the Bidder’s bid.

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.

Examination of Bids and Determination of Responsiveness

The Owner 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.

The Owner 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.

Settlement of Disputes

5.1

Amicable Settlement

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”).

The Parties shall within a period of 30 Days from the date of receipt of Dispute Notice by

such other Party meet and endeavor to settle Dispute mutually 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 adjudication in accordance with the provisions mentioned hereunder.

5.2

Adjudication

If the parties fail to resolve such a dispute or difference by mutual consultation,

then the dispute shall be referred in writing by either party to the Adjudicator

(

appointed by the Head of the Station / Project), with a copy to the other party.

The Adjudicator shall give its decision in writing to both parties within twenty-

eight (28) days of a dispute being referred to it. If the Adjudicator has done so,

and no notice of intention to commence arbitration has been given by either the

Owner or the buyer within fifty-six (56) days of such reference, the decision shall

become final and binding upon the Owner and the Buyer. Any decision that has

become final and binding shall be implemented by the parties forthwith.

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

Should the Adjudicator resign or die, or should the Owner and the Buyer agree that the

Adjudicator is not fulfilling its functions in accordance with the provisions of the

Contract, a new Adjudicator shall be appointed by the Head of the Station / Project. This

cost of adjudication if any, shall be divided equally between the Owner and the buyer.

Arbitration

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

996 as amended from time to time and read with rules framed there under.

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.

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.

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.

The language of the Arbitration proceedings will be in English.

The venue of arbitration shall be XXXX or such place as may be determined by

the arbitrator. The arbitrator shall make the award within reasonable time from

the date of entering in the reference.

The Arbitrator (tribunal) shall give a reasoned award. The decision or award shall

be final and binding upon the Parties.

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

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.

In the event of dispute or difference arising between one Public Sector

Enterprise and a Government Department the provision of DPE as per

memorandum No. DPE OM No. DPE/4(10)/2001-PMA-GL I dated 22 Jan. 2004

alongwith its amendments /revisions if any, shall be applicable.

Force Majeure

[taken up based on prevailing NTPC General Conditions of Contract (GCC)]

7.1 “Force Majeure” shall mean any event beyond the reasonable control

of the Owner or of the Buyer, as the case may be, and which is

unavoidable notwithstanding the reasonable care of the party affected.

7.2 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.

7.3 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

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

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 in accordingly.

7.4 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 fulfill its or their obligations under the Contract, but

without prejudice to either party’s right to terminate the Contract.

37.5 No delay or nonperformance by either party hereto caused by the

occurrence of any event of Force Majeure shall

(a) constitute a default or breach of the Contract

(

b) give rise to any claim for damages or additional cost or expense occasioned

thereby if and to the extent that such delay or nonperformance is caused by the

occurrence of an event of Force Majeure.

7.6 If the performance of the Contract is substantially prevented, hindered or

delayed for a single period of more than sixty (60) days or an aggregate

period of more than one hundred and twenty (120) days on account of

one or more events of Force Majeure during the currency of the Contract,

the parties will attempt to develop a mutually satisfactory solution, failing

which the dispute shall be resolved in accordance with relevant Clause.

7.7 Notwithstanding Sub Clause 37.5, Force Majeure shall not apply to any

obligation of the Owner to make payments to the Buyer herein

War Risks

(i) “War Risks” shall mean any of the following events occurring or

existing in or near the country (or countries) where the Site is located:

(a) war, hostilities or warlike operations (whether a state of war is

declared or not), invasion, act of foreign enemy and civil war

b) rebellion, revolution, insurrection, mutiny, usurpation of civil or military

government, conspiracy, riot, civil commotion and terrorist acts, and

(

projectile, missile, munitions or explosive of war.

(ii) Notwithstanding anything contained in the Contract, the Buyer shall

have no liability whatsoever for or with respect to

(

a) destruction of or damage to Facilities, Plant & Equipments, or any part thereof

(

b) destruction of or damage to property of the Owner or any third party

c) injury or loss of life

if such destruction, damage, injury or loss of life is caused by any War Risks,

and the Owner shall indemnify and hold the Buyer harmless from and against

any and all claims, liabilities, actions, lawsuits, damages, costs, charges or

expenses arising in consequence of or in connection with the same.

iii.

If the Facilities or any Plant and Equipments or Buyer’s Equipments or any other property

of the Buyer used or intended to be used for the purposes of the Facilities shall sustain

destruction or damage by reason of any War Risks, the Owner shall pay the Buyer for

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

(a) any part of the Facilities or the Plant and Equipments so destroyed or

damaged (to the extent not already paid for by the Owner)

(

b)replacing or making good any Buyer’s Equipments or other property of

the Buyer so destroyed or damaged so far as may be required by the

Owner, and as may be necessary for completion of the Facilities,

c)replacing or making good any such destruction or damage to the

Facilities or the Plant and Equipments or any part thereof.

(

If the Owner does not require the Buyer to replace or make good any such

destruction or damage to the Facilities, the Owner shall either request a change

(

Change in the Facilities), excluding the performance of that part of the

Facilities thereby destroyed or damaged or, where the loss, destruction or

damage affects a substantial part of the Facilities, shall terminate the Contract.

iv.

Notwithstanding anything contained in the Contract, the Owner shall pay the

Buyer for any increased costs or incidentals to the execution of the Contract

that are in any way attributable to, consequent on, resulting from, or in any way

connected with any War Risks, provided that the Buyer shall as soon as

practicable notify the Owner in writing of any such increased cost.

If during the performance of the Contract any War Risks shall occur that financially or

otherwise materially affect the execution of the Contract by the Buyer, the Buyer shall

use its reasonable efforts to execute the Contract with due and proper consideration

given to the safety of its and its subagencies’ personnel engaged in the work on the

Facilities, provided, however, that if the execution of the work on the Facilities becomes

impossible or is substantially prevented for a single period of more than sixty (60) days

or an aggregate period of more than one hundred and twenty (120) days on account of

any War Risks, the parties will attempt to develop a mutually satisfactory solution,

failing which the dispute will be resolved in accordance with relevant Clause.

vi. In the event of termination, the rights and obligations of the Owner and the

Buyer shall be specified, except that the Buyer shall have no entitlement to

profit in respect of any unexecuted Facilities as of the date of termination.

Insurance & Buyer’s Liability

The Buyer shall be fully responsible for maintaining all the insurances as per law

of land at its cost.

The Buyer shall at all times indemnify the Owner 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.

Suspension of the supply

The Owner reserves the right to suspend and reinstate execution of the whole or

any part of the supply.

The Owner shall not be responsible for any liabilities for suspension of issue of

fly ash or issue of reduced quantity of Fly Ash for any reason whatsoever.

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

Indemnity for defense of Suits

If any action in court is brought by third party against the Owner or an officer or agent of

the Owner for the failure or neglect on the part of the buyer to perform any acts, matters,

covenants or things under the Contract, or for damage or injury caused by the alleged

omission or negligence on the part of the buyer, his agents, representatives or his Sub-

contractors, workmen, suppliers, or representatives employees the buyer shall in such

cases indemnify and keep the Owner and/or its representative harmless from all losses

damages, claims, expenses or decrees arising out of such action.

Recovery of Sums Due

Whenever any claim for the payment of the sum of money arises against the

buyer, the Owner shall be entitled to recover such sum by appropriating in whole

or in part, from advance deposited against fly ash and /or the Contract

Performance Guarantee deposited by the buyer.

Safety

[as per prevailing NTPC Special Conditions of Contract (SCC)]

The Buyer, including his sub agencies, while executing the Works, will strictly

comply with the statutory requirements (including amendments thereof), as

applicable, in respect of safety of his employees, equipment and materials.

The Bidder will also comply with the provisions of NTPC Safety Rules as

issued from time to time and displayed on NTPC's tender website.

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 neighborhood of the delivery site against the same.

Jurisdiction of Court

Only Guwahati High Court shall have the exclusive jurisdiction in all the matters

concerning the supply.

No Breach of Contract

The failure of a party to fulfill any of its obligations under the Contract shall not be

considered to be a breach of or default under the Contract in so far as such inability

arises from an event of Force Majeure, provided that the Party affected by such an event:

(

a) has taken all reasonable precautions, due care and reasonable alternative

measures in order to carry out the terms and conditions of this Contract and

b) has informed the other party as soon as possible about the occurrence

(

of such an event.

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

SPECIAL CONDITIONS OF CONTRACT

Scope of Supply

Owner would be in a position to make available allocated quantity of fly ash

subject to availability, Force Majeure conditions and unplanned outage of the 3x

50 MW thermal units of NTPC Bongaigaon.

The Owner reserves the right to supply the quantity not lifted by the buyers to

any other party at the sole discretion of the Owner.

Quantity: - 4.50 MT / Annum

Period: - 1 (One) year(s)

Working Hours

Delivery of fly ash is intended to be given on all days excluding national

holidays or as per Engineer-in-Charge.

Delivery Point

Owner would deliver fly ash from the discharge chute of designated ash Silo of

x 250 MW units of the plant.

Fly ash shall be considered to have been delivered as it passes into the buyer’s

vehicle at the loading point.

Quality of fly ash

Owner would deliver dry fly ash at designated delivery point(s) i.e. Ash Silo

Chute on “as available” basis.

Methodology for Pricing

Price chargeable to buyer(s) shall be the price discovered resulting from the

bids received as per the methodology described in Clause 52 in Rupees per MT.

All statutory duties / taxes / levies shall be charged extra.

Price & Bidding Methodology

The minimum FLOOR PRICE of Fly Ash is Rs.xxx.00 (Rupees xxx hundred only)

per Metric Ton and Ceiling price Rs.yyy.00 (Rupees yyy 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.yyy per MT.

Bidders 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)

Example:

Rate

Rs./MT)

Bidder A

Bidder B

Bidder C

(

Quantity (MT/annum ) Quantity (MT/annum) Quantity (MT/annum)

50000

200

210…

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

45000

30000

40000

30000

20000

10000

10…

60…

50000

Case 1: Quantity 50000 MT quoted by Bidder A against the rate of Rs.600 shall be valid

for all the rates up to Rs.200 which is below Rs.600 since the party has not

quoted any quantity against the rate of Rs.550, Rs.400, Rs.200 etc.

Case 2: The quantity 30000 MT quoted by Bidder 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.200.

Case 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.210 and quantity 50,000 MT shall be valid for Rs.200 only.

Bids price quoted below Rs.xxx.00 per MT and or above Ceiling price of

Rs.yyy.00 per MT will not be considered.

Evaluation Criteria 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 3.5 Lac MT) to 100% of tender quantity (3.5 Lac MT), the price at

which maximum revenue is generated will be the discovered price. In such case,

the quantity quoted by the bidder at the discovered price will be allocated to the

bidder.

c. In case the cumulative quantity quoted by the bidders does not fall between 80% and

00% 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. 3.5 Lac MT / Annum.

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.

Award Criteria

a.The bidder 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.

b. Once the contract for lifting fly ash is allocated to a company, then it can be

allocated/issued to any unit/plant of the same company at the same discovered

price and terms & conditions of the station provided flyash is available.

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

c. Allocation of fly ash quantity to a single trader will not exceed more than

0% of the tender quantity.

Award price:

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

one year. Price Revision (applicable if contract is for more than one year)

In case, the period of contract is for more than 01 year, price shall be revised

after completion of each year based on WPI of grey cement as per Annex XI.

Period of Supply

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

year.

Upward Quantity Flexibility

If requested by the Buyer the Owner may consider supply of additional quantity

over & above the allocated quantity subject to availability and at the sole

discretion of the Owner at the prevailing price.

Payment Terms & Bank Charges

a. Delivery shall be made against advance payment in conformity with NTPC Policy for

collecting advance. 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.

Commencement of first off take

Commencement of first off take for bidders of fly ash should not exceed beyond one

month from the date of issue of award letter unless specifically agreed by the Owner.

Weighment for invoicing

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

considered final.

Compensation against shortfall during regular off take

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 the minimum 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) on

prorate basis, compensation amount @ 10% of the awarded/prevailing 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 on prorata

basis – Actual quantity lifted, for the period under review).

Compensation shall be calculated for all three consecutive months on cumulative basis.

The compensation will be calculated within 15 days following the three consecutive

months under study. Compensation due on a buyer, if not deposited separately will be

deducted from the advance available or recovered from the CPG of the buyer. However,

gross compensation amount during a year will be limited to the CPG amount. The

compensation amount deducted from CPG if any shall be replenished by the buyer in the

CPG account within 15 days notwithstanding which the supply of fly ash to the buyer

will be stopped. Supplies will be started only after the ‘deducted amount from

CPG’ is replenished. Any decrease in supply of fly ash to the buyer due to non

replenishment of the compensation amount will be in the account of the buyer.

Consecutive three monthly quantity shall be considered from the scheduled date of

start till completion of three months and subsequently so on till expiry of contract.

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

Termination of Contract

1.1

In case, fly ash offtake falls below 80% of (the contracted or adjusted quantity, whichever

is lower), during any three consecutive months on cumulative basis, Owner reserves the

right to terminate the contract by giving 15 days 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

Owner. 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/prevailing price (rounded to the nearest whole number on the

higher side) for the short fall quantity below 90% of the (contracted / adjusted

quantity, whichever is lower) for the consecutive three months. The gross amount of

liquidated damages / compensation, if any (combined) for a year of the contract if

contract is for more than one year, 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.

The Owner also reserves the right to terminate the contract in the event of breach of

contract by the buyer giving 15 days 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 Owner.

In the event of termination of contract for any reasons of breach of contract,

liquidated damages equivalent to amount of CPG shall be payable by the buyer.

1.2

1.2.1 Following will constitute breach of contract:

Delay in first off-take by Buyer from committed date by more than three months.

Buyer is not complying with operational and safety requirements and neglecting

instructions of Engineer-In-Charge.

Buyer has failed to discharge his obligations according to the terms &

conditions of contract.

1.3

Contract for sale of fly ash may be terminated at any time depending on the

policy of the Government and/or other concerned authorities. Owner reserves

the right for withdrawl of the contract in the interest and safety of the station and

the Company by giving 15 days notice in writing to the buyer.

Shortfall in supply by Owner

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, Owner 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.

In case Owner is unable to provide the average monthly/three consecutive

monthly contracted quantity of fly ash due to any reasons including forced

outages of the plant, congestions etc. Owner in respect of each buyer shall

accordingly adjust the average monthly/three consecutive monthly contracted

quantity downward. Under such circumstances the determination of

compensation referred at Clause 60 above shall be computed with respect to

adjusted yearly / three consecutive monthly contracted quantity.

Determination of monthly quantity i.e for any three months for termination of

Contract in case of short supply by the Owner shall also be computed w.r.t

quantity made available to the buyer on monthly / quarterly (i.e for any three

consecutive months) as stated in Clause 62 b.

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

Owner 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.

Taxes, Duties, Levies etc.

a. The Bidder shall be liable and responsible for payment of all statutory levies in the

form of GST and all other taxes & duties applicable on the Supply of fly ash. Such

statutory liabilities, if any, shall be paid by bidder extra at actual. (“Goods and

Services Tax” or “GST” means taxes levied under the Central Goods and Services Tax

Act, Integrated Goods and Services Tax Act, Goods and Services Tax (Compensation

to States) Act, and various State/Union Territory Goods and Services

Tax Laws and applicable cesses, if any under the laws in force

(hereinafter referred to as relevant GST Laws).”)

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 fulfill 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 Owner against all such

liabilities and losses on failure to fulfill the export obligations, if any.

Delivery

Buyer should depute his authorized representative to the power station for co-

ordination and taking delivery of fly ash.

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 in bulk through pneumatic

loading or through bags (see Annexure XII for details w.r.t rail transportation).

Bags for filling of fly ash and manpower for loading the filled bags in to the

vehicle/rake shall be arranged by the buyer at its own cost.

Owner has right to suspend the delivery of Fly Ash if advance amount is not

available with the Owner by the required date and such suspension of delivery

shall be to the account of buyer.

Responsibility during Transportation

The buyer will be responsible for any kind of injuries or accidents caused to

their employees or labourers or any other person and Owner will not be liable

in the matter. If any action is brought against the Owner for payment of

damages or compensations, the buyer shall indemnify the Owner from all such

action or claim from damages/compensation. If the Owner is held liable for any

compensation, buyer shall forthwith compensate the Owner if any, such claim

arose after expiry of the contract period.

The Buyer’s transporter(s) shall have valid license and meet the statutory

compliance requirement of State Govt. / Central Govt./ Concerned Authorities

for transportation of the specified goods.

Billing

Owner will issue Exit gate pass on daily basis and invoices on

daily/weekly/fortnightly/monthly basis and shall deliver to the Buyer(s) an

invoice showing the value of the fly ash delivered for each day, along with

applicable GST and all other duty/taxes/cess etc. and shall be adjusted

against the advance payment made by the buyer(s) as per Clause 57.

Addl. General Manager (Contracts &

Material) NTPC Bongaigaon.

NIT No. NTPC/ASH-SUPPLY/DOM/BgTPS/19-20/03

Annexure – 1A

Schedule for Qualifying Requirements

We seek qualification as per Clause No. 5(a) under the category __________

End users/Industry engaged in manufacturing of fly ash based product directly or

Trader supplying fly ash to end users/industry (Strike out whichever is not applicable)

In case of Manufacturers/End Users, the said agencies are also required to

submit statutory license from government/Work Orders/Certificates from the

client to prove that they are involved in manufacturing work using fly ash.

In case of Traders also, the said agencies are also required to submit statutory license

from government/Work Orders/Certificates from the client to prove that they are

involved in Trading/Supply of fly ash to the manufacturers of fly ash products.

In terms of clause No. 5 (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.

Financial Year Turnover Amount Turnover Amount

(Rs.) in figures (Rs.) in words

Balance Sheet

enclosed (Yes /

No)

Sl.

No.

2016-17

2017-18

2018-19

Certificate of Chartered Accountant certifying the average Enclosed

turnover of the last three Financial Years indicating year wise

turnover (if required as per Clause No. 5c for

Proprietors/Partnerships)

(

Yes / No)

Audited financial results of preceding 3 financial years or Enclosed

Balance Sheet and Profit & Loss account statement of preceding

(

Yes / No)

financial years duly certified by a Chartered Accountant(if

required as per Clause No. 5c for Company, etc.).

Solvency Certificate from Bankers, issued not earlier than Enclosed

fifteen (15) days prior to the scheduled date of bid opening of

(Yes / No)

the Package, if asked for in the NIT/Tender Enquiry.

Note: - (i) Proprietary 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 preceeding Financial Year is not

available, Certification of Financial Statements from a Chartered Accountant

shall also be considered acceptable.

(a)

As per Clause No. 17 we are enclosing the following documents: -

In case of Sole Proprietorship Concern

Sl. Documents Enclosed (Yes / No) No.

The full name of an individual proprietor, his/her

parentage, documentary proof of his/her age, permanent

address and present postal address/ contact details.

A deed of declaration by the Proprietor, that no other

individual or company has any share in the concern

Specimen signature of the Proprietor duly attested

by a scheduled Bank or First Class Magistrate.

(b)

In case of Partnership firm

Sl. Documents Enclosed (Yes / No) No.

The authenticated photocopy of Partnership

Deed, with upto date amendments (if any).

Registration certificate issued by the Registrar

of Companies concerned, if any.

In case of change in the constitution of the firm

due to retirement or death or addition of an

incoming partner, photocopy of Deed of

Dissolution, fresh registration Certificate and the

fresh / extant Partnership Deed, as applicable.

Specimen signature of all the partners duly attested

by a scheduled Bank or First Class Magistrate.

(c)

In case of Private Companies

Sl. Documents Enclosed (Yes / No) No.

The up to date amended and Certified True Copy of the

Memorandum & Article of Association of the Company

Certificate of Incorporation of the Company

Copy of Power of Attorney issued by Competent

Officer under the common seal of the Company,

authorising the person to sign the bid/ execute

contracts/agreements etc duly notarised

(d) In case of Public Limited Companies/Statutory Corporations

Sl.

Documents

Enclosed (Yes / No)

No.

Certified to be true copy of Memorandum and

Articles of Association of the Company and/or

the relevant Statute/Act.

Certificate of Incorporation of the Company

3Certificate of Commencement of Business

Board resolution authorising the Executive to sign the

bid/ contracts/agreements and affix common seal

thereon in accordance with the provisions of Article of

Association of the Company OR Power of Attorney

issued by Competent Officer under the common seal of

the Company authorising the person to sign the bid/

execute contracts/agreements etc.

(e) In case of Joint Venture/Consortium

Sl.

Documents

Enclosed (Yes / No)

No.

The information listed in Qualifying Requirements

in NIT/IFB/Tender Enquiry shall be submitted for

each Joint Venture or Consortium partner.

The bid, shall be signed so as to be legally

binding on all partners;

One of the partners shall be nominated as being in charge

and shall be designated as leader; this authorisation shall be

evidenced by submitting with bid, a power of attorney signed

by legally authorised signatories of all the partners;

An authorisation authorising the leader to incur

liabilities and receive instructions for and on behalf of

any and all partners of the Joint Venture or Consortium

and the entire execution of the Contract including

payment to be done exclusively with the leader;

All partners of the Joint Venture shall be liable jointly and

severally for the execution of the Contract in accordance

with the Contract terms, and a relevant statement to this

effect shall be included in the authorisation mentioned

under (3) above as well as in the Bid Form and in the

Agreement (in the case of a successful bid);

Joint Venture / Consortium Agreement entered into by

the Joint Venture or Consortium partners shall be

submitted with the bid. The Joint Venture or

consortium Agreement shall clearly specify the work

and responsibility of each partner or a notarised copy.

A copy of the Partnership Deed/Memorandum & Articles

of Association/Certificate of incorporation as the case

may be of the prime bidder and all the Partners of Joint

Venture / Consortium shall also be enclosed.

For and on behalf of _____________

Signature

Authorized Representative)

Name

(

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16/xxxx

Item Details

Lot No

Lot Name

Quantity & UOM*

xxxxxxx.0 MT

Close Time

Lot Details

EMD Left

FLY ASH

2015-0x-0x xx:00:00.0

Click Here

Price Level Details

Price

Level

Bid

Quantity

My Last

Bid

Total Booked

Quantity

Booked Quantity as % of Req.

Quantity

BID

00.0

10.0

BID

120.0

130.0

140.0

150.0

160.0

170.0

180.0

190.0

200.0

BID

(

* Unit Of Measurement.)

Annexure - II

(

ON BIDDER’S LETTERHEAD)

STATEMENT OF DEVIATIONS/EXCLUSIONS

Bidder’s Offer Ref No.

Date

To,

Addl. General Manager (C &M)

NTPC LIMITED BONGAIGAON

Address

Dear Sir,

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

Bidding documents.

Date: __________________

Place: _________________

Signature __________________

Name _____________________

Designation ________________

Common Seal or stamp ______________

Annexure - III

CHECK LIST FOR SUBMISSION ALONG WITH DOCUMENTS

Name of Bidder:

Address:

Sl Description of Check points

YES / NO/NOT

APPLICABLE

Remarks

Submitted documents related to

Qualification requirements &

turnover details etc. supporting

your eligibility, complete in all

respects

1. Audited balance sheet of last three

Financial Years showing business

turnover, Profit and Loss Account etc.

. Undertaking for usage of Fly Ash –

Annexure IV

Whether submitted Bid Security of

required value as per requirement

of the bid document

Bid Security for different quoted

quantities are different and required to

be submitted accordingly.

Whether the bidder has registered

and completed the formalities for

registration with MSTC

Please write the registration number

Whether bidder has submitted

the “NIL” Statement of

No deviation statement as per

Annex II to be submitted

deviations at Annex II

Whether the Bidder Details at

Annexure –I X have been

filled and submitted

Whether the form of

acceptance of fraud prevention

policy at Annexure – X has

been filled and submitted

Date:

(

Name & Signature of Bidder)

Annexure - IV

UNDERTAKING

(On Official Letter head of the Buyer)

NTPC LIMITED BONGAIGAON

Address

Date :

Subject: Undertaking for Usage of Fly Ash in Cement / construction / or other ash

based Product / industry.

Dear Sir,

This is to certify that we M/S ---------------the bidder for the NTPC Bongaigaon Thermal

Power

Station

Fly

Ash

against

Bid

Specification

NTPC/

ASH—

SUPPLY/DOM/BgPTS/19-20/03 or E tender no. ___________________ 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)

Page 1 of 3

Annexure - V

Proforma of BANK GUARANTEE FOR “CONTRACT PERFORMANCE GUARANTEE

CPG)”

To be stamped in accordance with Stamp Act)

(

The stamp paper should be in the name of issuing bank)

Bank guarantee No.

Ref.

Date:

To,

NTPC LIMITED BONGAIGAON

Address

Dear Sirs,

In consideration of the NTPC LIMITED Bongaigaon (hereinafter referred to as the “Owner”, which

expression shall unless repugnant to the context or meaning thereof includes its executers,

administrators, successors and assigns) having accepted offer of purchase of fly ash by

M/s.............. with its Registered/Head office at .................... (hereinafter referred to as

“

Buyer”, which expression shall unless repugnant to the context or meaning thereof includes its

executers, administrators, successors and assigns) a contract by issue of Owner’s Letter

of Award No...........dated......and the same having been unequivocally accepted by the Buyer

resulting in a “CONTRACT” bearing No.........for supply of fly ash and the Buyer having agreed

to provide a contract performance guarantee for the faithfull performance of the entire contract

equivalent to Rs......(in figure and words) to the Seller.

We……….... (Name & Address), having our Head office at ………………..

and Branch office at

…

………… (hereinafter referred to as “Bank”, which expression shall unless repugnant to the

context or meaning thereof includes its executers, administrators, successors and assigns) do

hereby guarantee and undertake to pay promptly to the Owner on demand any and all monies

payable by the Buyer to the extent of .............. as aforesaid at any time upto.........* (DD/MM/YYYY)

without any demur, reservation, contest, recourse or protest and /or without any reference to the

Buyer. Any such demand made by the Owner on the bank shall be conclusive and binding

notwithstanding any difference between the Owner and the Buyer or any dispute pending before

any court, tribunal or any other authority. The bank undertakes not to revoke this bank guarantee

during its currency without previous consent of the Owner and further agrees that the guarantee

herein contained shall continue to be enforceable till the Owner discharges this guarantee.

Page 2 of 3

The Owner 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 Owner 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 the Owner and the Buyer

or any other course of remedy or security available to the Owner. The bank shall not be released

of its obligation under these presents by any exercise by the Owner 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 Owner or any other indulgence shown by the Owner 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 Owner 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 Seller may have in relation to the

Buyer’s liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is restricted to

..................... and it shall remain in force upto and including.......................*. and shall be extended

from time to time for such period, as may be desired by M/s ............................. on whose behalf this

guarantee has been given.

Dated ........................................................ day

this

Of.......................... 201X......................... at.....................

Witness

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

Signature)

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

(

Page 3 of 3

In witness whereof the ………………….

Bank, through its authorized officer, has set its hand

and seal on this

…………………………………….. day of ……………….. ……………. 20…..

…

at . …………………

Witness

(Signature) ……………….

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

(

Signature)

(Name) ……………………...........................

(Designation with Bank stamp)

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

(

Name)

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

Attorney

(

Official Address)

Power of Attorney No.

...

Date.........

NOTE :

(*) The Date will be Three Months beyond the expiry of the Contract period as

specified in the order.

. The Bank Guarantee shall be from a bank as per provisions of bidding documents.

. While getting the Bank Guarantee issued, Bidder is required to ensure compliance to the

points mentioned in the Bank Guarantee Verification Check List in the bidding documents.

Further, Bidder is required to fill up this check List and enclose the same with the Bank

Guarantee.

. The Stamp paper of appropriate value shall be purchased in the name of guarantee issuing

bank or the party on whose behalf the BG is being issued. The Bank Guarantee shall be

issued on non-judicial Stamp paper of appropriate value as per Stamp act prevailing in the

States where the BG is to be submitted or is to be acted upon or the rate prevailing in the state

where the BG is executed, whichever is higher.

Annexure-V(A)

BANK GUARANTEE VERIFICATION CHECK LIST

Bank Guarantee No. & Date

: ………………………………………

Name of Issuing Bank : ………………………………………

Amount of BG

: ………………………………………

Nature of BG & No. of Pages

Validity of BG

Vendor Reference

Name

……………………………………………………………….

Address ………………………………………………………………..

Telephone

Fax

……………………………………………………………….

………………………………………………………………..

Bank Reference

Name……………………………………………………………….

Address ………………………………………………………………..

Telephone

Fax

……………………………………………………………….

……………………………………………………………..

Sl. No.

Details of Checks

Yes/No

Is the BG on Non-judicial stamp paper of appropriate

value, as per Stamp Act?

Whether date, purpose of purchase of stamp paper and

name of the purchaser are indicated on the back of

stamp paper under the Signature of Stamp Vendor?

(

The date of purchase of stamp paper should be not later than

the date of execution of BG and the stamp paper should be

purchased either in the name of the executing Bank

or the Bidder on whose behalf the BG has been

issued. Also, the stamp paper should not be older

than six months from the date of execution of BG).

In case of BGs from Banks abroad, has the BG been

executed on Letter Head of the Bank.

Has the executing officer of BG indicated his name, designation

and Power of Attorney No. / Signing Power No., on the BG?

Is each page of BG duly signed / initialed by executant

and whether stamp of Bank is affixed thereon?

Whether the last page is signed with full particulars

including two witness under seal of Bank as required

in the prescribed proforma?

Does the Bank Guarantee compare verbatim with the

Proforma prescribed in the Bidding Documents?

Are the factual details such as Bidding Documents

No. / Specification No., Amount of BG, validity of BG

correctly mentioned in the BG?

Whether overwriting / cutting, if any on the BG have been

properly authenticated under signature & seal of executants?

Whether BG has been issued by a Bank in line with

the provisions of Bidding Documents?

In case BG has been issued by a Bank other than those

specified in Bidding Document, is the BG confirmed by

a Bank in India acceptable as per Bidding Document?

Signature of Bidder…………………..

Name …………………………………..

Designation …………………………….

Seal …………………………………….

Annexure – VI

(

Pro forma for extension of Bank Guarantee)

(

To be stamped in accordance with Stamp Act)

(

The stamp paper should be in the name of issuing bank)

Date ….

Ref. No.

To,

…

NTPC LIMITED-BONGAIGAON

Address

Dear Sirs,

Sub : Extension of Bank Guarantee No……………………………… dtd………………. for Rs…………………

favouring yourselves, expiring on …………. Account of M/s……………………………….. in respect of

contract No……………… dtd…………….. (hereinafter called “Original Bank Guarantee”).

At the request of M/s……………………………………., We ……………………………….. bank, branch office at

…

…………………….. and having its head office at ………………….. do hereby extend our liability

under the above mentioned guarantee No. ………………………. Dtd………….. for a further period of

………………………… years/months from ………………… to expire on ………………..

…

Except as provided above, all other terms and conditions of the original bank guarantee

No…………….. dtd……………… shall remain unaltered and binding.

Please treat this as an integral part of the original guarantee to which it would be attached.

Yours faithfully,

Signature ……………………………………

Name ………………………………………………

Designation ………………………

Authorised Vide Power of Attorney No........................

Dated _____________

SEAL OF BANK

NOTE : The stamp paper of appropriate value should be purchased in the name of the bank who

has issued bank guarantee.

Annexure – VII

List of the Banks for

SUBMISSION OF BANK GUARANTEE AS CONTRACT PERFORMANCE

GUARANTEE

UPDATED SCHEDULED COMMERCIAL BANK LIST

A STATE BANK OF INDIA

B NATIONALISED BANKS

. Allahabad Bank

. Andhra Bank

. Bank of India

. Bank of Maharashtra

. Canara Bank

. Central Bank of India

. Corporation Bank

. Dena Bank

. Indian Bank

0.Indian Overseas Bank

1.Oriental Bank of Commerce

2.Punjab National Bank

3.Punjab & Sind Bank

4.Syndicate Bank

5.Union Bank of India

6.United Bank of India

7.UCO Bank

8.Vijaya Bank

9.Bank of Baroda

C SCHEDULED PRIVATE BANKS (INDIAN BANKS)

. Catholic Syrian Bank

. City Union Bank

. Dhanlaxmi Bank Ltd.

. Federal Bank Ltd

. Jammu & Kashmir Bank Ltd

. Karnataka Bank Ltd

. Karur Vysya Bank Ltd

. Lakshmi Vilas Bank Ltd

. Nainital Bank Ltd

0.Kotak Mahindra Bank

1.RBL Bank Limited

2.South Indian Bank Ltd

3.Tamilnad Mercantile Bank Ltd

4.ING Vysya Bank Ltd

5.Axis Bank Ltd.

6.IndusInd Bank Ltd

7.ICICI Bank

8.HDFC Bank Ltd.

9.DCB Bank Ltd

0.Yes Bank Ltd

1.IDFC Bank Limited

2.Bandhan Bank Limited

D SCHEDULED PRIVATE BANKS (FOREIGN BANKS)

. Abu Dhabi Commercial Bank PJSC

. Bank of America NA

. Bank of Bahrain & Kuwait B.S.C.

. Mashreq Bank p.s.c.

. Bank of Nova Scotia

. Crédit Agricole Corporate and Investment Bank

. BNP Paribas

. Barclays Bank

. Citi Bank N.A.

0.Deutsche Bank A.G.

1.The HongKong Shangai Banking Corporation Ltd

2.Societe Generale

3.Sonali Bank Ltd.

4.Standard Chartered Bank

5.J.P. Morgan Chase Bank, National Association

6.State Bank of Mauritius Ltd.

7.DBS Bank Ltd.

8.Bank of Ceylon

9.PT Bank Maybank Indonesia TBK

0.A B Bank

1.Shinhan Bank.

2.CTBC Bank Co. Ltd.

3.Mizuho Bank Ltd

4.Krung Thai Bank Public Company Ltd.

5.The Bank of Tokyo-Mitsubishi UFJ Limited.

6.Australia & Newzealand Banking Group Limited

7.Sumitomo Mitsui Banking Corporation

8.American Express Banking Corporation

9.Credit Suisse A.G.

0.FirstRand Bank Ltd.

1.Industrial & Commercial Bank of China Ltd.

2.JSC VTB Bank

3.National Australia Bank

4.Cooperative Rabobank U.A.

5.Sberbank

6.United Overseas Bank Ltd.

7.Westpac Banking Corporation

8.Woori Bank

9.The Royal Bank of Scotland plc

0.Doha Bank Qsc

1.Industrial Bank of Korea

2.KEB Hana Bank

3.First Abu Dhabi Bank PJSC

4.Emirates NBD Bank (P.J.S.C)

5.Qatar National Bank SAQ

E OTHER PUBLIC SECTOR BANKS

. IDBI Bank Ltd

Note - Any Addition/ Deletion/ Modification in Bank list shall be as per

changes in Second Schedule List by RBI from time to time

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

Annexure VIII

MODEL AWARD LETTER FOR SUPPLY OF FLY ASH FROM NTPC BONGAIGAON

Dated:

Ref.No.

Letter of Award

To,

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

Dear Sir,

This has reference to the following:

.0 a) Invitation for Bid Specification No.

b) Bid document Ref. No.

containing -

Invitation for Bid.

Instruction to the Bidders.

General conditions of Contract.

Special conditions of Contract

Annexures.

c) E tender catalogue/document as published

d)Your offer submitted vide Ref. No. _____dated _________

.0 We are pleased to accept your above mentioned offer and allocate you _____MT / Annum

of Dry Fly Ash from Ash Silo of 750MW ,3 X 250 MW units of NTPC Bongaigaon for a

period of 01 year(s).

.0 Terms and Conditions of Supply:

The contract shall be performed by you strictly in accordance with the terms &

conditions contained in General Conditions of Contract & Special Conditions of

Contract, E tender Catalogue / bid 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 Bongaigaon

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.

Price:

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

(

Price revision clause (see Annex XI) if applicable may be mentioned here).

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 actuals.

Price Adjustment:

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

year. (Price revision clause if applicable (see Annex XI) may be mentioned here).

Consideration payable by the Buyer:

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

with taxes and duties as applicable) in the form of RTGS/Demand Draft in favour of

NTPC LIMITED payable at Salakati 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 NTPC LIMITED payable at

Salakati.

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.

.0 Compensation against shortfall & Termination of Contract:

a) Compensation against shortfall during regular off-take:

Compensation against Shortfall during off-take will be governed as per clause No.

0 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:

NTPC Bongaigaon would deliver fly ash from the discharge chute of designated

ash Silos of the 750 MW ,3 X 250 units of the plant.

b) Fly ash shall be considered to have been delivered as it passes into the buyer’s

vehicle at the loading point.

Pollution 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 Bongaigaon retains the right to stop the supply forthwith.

Safety:

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.

Working Hours:

Delivery of fly ash is intended to be given on all days excluding national holidays

or as per Engineer-in-Charge.

Quality and Quantity of Fly Ash:

NTPC Bongaigaon 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.

0.0 Authorized 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.

1.0 End 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 Bongaigaon related to ash lifting.

2.0 Buyer and its transporter would be entirely responsible towards MVI/RTO for overloading

of Fly Ash. NTPC Bongaigaon in any case will not be held responsible for the same.

3.0 Only Guwahati High Court shall have the exclusive jurisdiction in all matters

pertaining to the supply.

4.0 Engineer-In-Charge:

Sh. E.Ngullie, will be the Engineer- In- Charge for the contract.

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

applicable):

Name of the Bank:

Branch Address:

State Bank of India

CAG Branch Tolstoy Marg, New Delhi –

110003

Name of the Account: NTPC Limited

IFSC Code:

SBIN0009996

34507866507

Current Account No:

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

Name of the Bank:

Branch Address:

Name of the Account:

IFSC Code:

STATE BANK OF INDIA

Salakati, NTPC Complex, Dist. :Kokrajhar. Assam-783369

NTPC Limited

SBIN0005400

35796583020

Current Account No:

6.0 This 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 Bongaigaon

Encl.: Booklet containing Special Conditions of Supply (SCS), General Conditions of

Supply (GCS) and other terms & conditions.

Registered Office:

Annexure – IX

(

On official letter head of the Company)

Bidder Details

(

For submission along with documents)

Details

Sl. No. Description

Name of the Bidder

Status (Company / Individual /

Partnership firm)

Registered Address

Telephone No.

Fax No.

Communication Address

Telephone No.

LST / CST / TIN No.

Shipping Address for Fly Ash

Authorised Person Details

Name of the Authorised Person

Designation

Address for Communication

Telephone No.

Fax No.

Email Id

For and on behalf of ______________

Signature

(

Authorized Representative)

Name

Designation

Annexure – X

(

On official letter head of the Company)

Page 1 of 1

(

FORM OF ACCEPTANCE OF FRAUD PREVENTION POLICY)

SUPPLY OF FLY ASH FROM NTPC BONGAIGAON THERMAL POWER STATION, BgPTS

Bid Doc Ref. No: - NTPC/ASH- SUPPLY/DOM/BgPTS/19-20/03)

(

NTPC LIMITED-Bongaigaon

Address

Dear Sir,

We have read the contents of the Fraud Prevention Policy of NTPC Limited displayed on

its tender website http://www.ntpctender.com and undertake that we along with our

associate/collaborator/subcontractors/subvendors/consultants/service providers shall

strictly abide by the provisions of the Fraud Prevention Policy of NTPC.

Yours faithfully,

Date :

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

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

Place :

(

Designation)......................................

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

(

Annexure XI

Price Revision clause

In case the contract awarded is for more than one year, price revision clause is to

be applied as per procedure/formula below:

The price of fly ash for the quantity awarded for 1st year i.e. from date of scheduled

commencement of business till completion of one year will be at the discovered/awarded

price. Thereafter price will be adjusted after completion of one year and the revised price

as obtained as per formula below (based on WPI of pozzolana cement with Base 2011-

012=100*) and shall be applicable from the 1st day of the subsequent month (after

completion of first year) and valid till completion of another year. Thereafter again price

shall be revised as per formula below and valid for one year and so on as applicable:

FAPnew= (FAPold X WPI new)/ WPI old

FAPnew = Adjusted awarded/revised price for the ith contract year (i=2,3 or as

applicable till completion of contract).

FAPold = The base price as discovered/awarded and applicable for the 1st year of the contract.

WPInew = The All India wholesale price index of pozzolana cement (Base 2011-

2012=100)* published during the month of completion of one year of contract #

WPIold = All India wholesale price index of pozzolana cement (Base 2011-

012=100)* for the month the bid was opened.

(*The present Base year 2011-2012=100 whenever revised by Govt. of India will be

adopted accordingly).

NB: 1) Data regarding all India wholesale price index for cement (WPI) for

calculation shall be taken from Bulletins of Commerce Ministry and as

available at website www.eaindustry.nic.in.

2) All statutory duties / taxes / levies shall be charged extra.

for Ex. WPInew published in the month of completion of one year of contract is the

provisional WPI of the previous month. This provisional WPI (for the previous month) will

be considered for revising the price as per formula mentioned above and this revised

price shall be valid for the second year. There shall be no further revision of the price on

account of the provisional WPInew (as mentioned in the 1st line of the para) becoming

final WPInew. Similarly price revision shall be carried out for the third year and so on.

Annexure XII

Few aspects relating to transportation of fly ash by rail is elaborated for incorporation, if

required / applicable

In case, rail loading facility is already available at a station, necessary terms &

conditions related to rail loading may be decided by the station.

Few points have been elaborated w.r.t rail transportation which may not be exhaustive.

Station may utilize the points or decide alternatively.

Rail wagons/ rake to be arranged by the buyer.

Loco may be provided by the supplier for hauling of rake from the exchange yard

of the station to the silos for loading fly ash, then weigh and back to exchange

yard on chargeable basis (charges to be calculated by the station).

Rail loading can either be through bags (50 kgs or one tonne) or bulk loading. For

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. However where inputs are required by

Railways from NTPC, the same shall be done by NTPC. Further, in case where

loading of fly ash is delayed due to technical or due to any other problem of NTPC,

demurrage charges may be borne by NTPC i.e. normally related to bulk or one

tonne bag loading. Loading of 50kg bags should be the Contractors responsibility

and demurrages charges, etc if any shall be to his account.

Before commencement of supply of fly ash by rail, the buyer will be required to submit

an additional guarantee in the form of RTGS/DD in favour of NTPC LIMITED or BG of

requisite value as decided by the supplier as security to cover any possible

demurrage or other charges (say transportation etc.) as levied by railways to NTPC.

Additional factors for facilitating transportation by rail:

a) buyers are encouraged to send their own private rakes especially initially to

streamline the process so as to avoid demmurage charges.

b) In case railway owned rakes are sent, station may assess for demurrage and

any other possible (overload penalty) charges and insist or negotiate as far as

possible that buyer shall be liable for payment of demurrage charges etc. at

both loading and unloading end initially till the process is streamlined. However

in case the buyer does not agree, and in order to explore transportation of fly

ash by rail, conditions as mentioned in para 2.2 above or as decided by the

station may be followed. Thereafter, station may decide accordingly.

c) If only one party is awarded for transportation of fly ash by rail, the buyer shall obtain

co - user permission from railways and place indent for supply of fly ash by rail.

d) If more than one party is awarded for supply of fly ash by rail, a ‘forum’ (a consortium)

may be formed of all the rail awarded parties, which will become co – user to NTPC and

place indent to the railways on behalf of each member as per requirement.

Any other modus operandi as suggested by Railways or as possible may be followed.

EIC to coordinate and finalise the process of supply of fly ash by rail as per above

and/or in consultation with Railways.

NB:

) The above may be suitably modified for the station and additions / deletions if any may be

done based on actual conditions and requirement and in consultation with railways.

In case where transportation of fly ash is expected to commence by rail during the

currency of the contract, a clause related to transportation by rail may be included

in the bid document.

LOT No. 1

Dry Fly Ash at

designated delivery

point(s) i.e. Ash

Silo Chute on as

available basis..

Period : 1 year

450000.0 MT

Ash Silo Chute, NTPC

Applicable Bongaigaon Thermal

Station Salakati State

:Assam

PCB GRP : [PRE-BID EMD FOR

GHY 01]

LOT Name.Dry Fly Ash

(

11.12.2019-

0.12.2020)

Quantity of Fly

Ash: 4.5 lac

MT/Annum The

Last date of QR

submission at

NTPC BgTPP:

6.10.2019 The

Last date of PRE

BID EMD

Submission

3.10.2019

Pre-Bid EMD is to

be deposited at

MSTC Guwahati

account through

MSTC e-

payment/RTGS

EMD only.

Procedure of

payment of Pre-Bid

is detailed in the

STC. GLOBAL

PEMD IS NOT

ACCEPTED. PRE-

BID EMD : Rs.4/-

MT with minimum

amount of Rs.

8,000/- for 12,000

MT. The GST rate

for fly ash will be as

applicable at the

time of lifting of fly

ash. The present

GST rate of dry Fly

Ash is 5 %.

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IMPORTANT NOTE

LAST DATE OF SUBMISSION OF PRE-BID EMD: 23-10-2019 UPTO banking hours. SUBMISSION OF PRE-BID EMD through e-payment gateway of MSTC .

To know the procedure for submission of Pre Bid EMD through e-payment gateway CLICK HERE

Note: 1. Net-banking Option: The amount will be credited in T+1 EOD basis, so the buyer should remit the fund through Netbanking 24 hours before the last day mentioned in

the Auction Catalogue. Fund transfer through Net-banking is NEFT transaction and the same will be credited in MSTC account the next very day excluding Sunday/holiday as

per RBI guidelines.

2. 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 DT Official whose name is appearing in the Auction Catalogue on the same day of the date of transaction . MSTC has no

responsibility of delay in issue of AL, DO,etc in case buyers failed to inform through mail.

LAST DATE OF SUBMISSION OF QUALIFYING REQUIREMENTS : 16-10-2019.

Bidders are requested to submit the QR Document to the following address.

DGM(C&M): Amitabha Sutradhar

Contact No: 03661-282778/ 9411113468

Email: amitabhasutradhar@ntpc.co.in

Sr.Mgr(C&M): Amit Saikia

Contact No: 9435720449

Email: amitsaikia@ntpc.co.in

DGM (AUD): E.Ngullie

Contact No: 9435139531

Email: engullie@ntpc.co.in

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QR documents of any prospective bidders received at NTPC BG-TPP after the QR submission deadline will not be entertained by NTPC and returned to the bidders.

Note: 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.

Minimum Pre-Bid EMD FOR LOT NO. 1: Pre Bid EMD at the Rate Rs 4/- per MT (minimum amount of Rs 48,000/-).

Contact Person at MSTC Limited:

For General Queries contact MSTC helpdesk No: 033-22901004

Shri Prashant Chitranjan, BM, Ph.0361-2221199, M, E: pchitranjan@mstcindia.co.in

Shri Neeraj Mathur, AM, Ph. 0361-2221199, E: nmathur@mstcindia.co.in

Shri Raj Rohit Khalkho, AM, Ph.0361-2221199, E: rrkhalkho@mstcindia.co.in

Shri Shubhajit Roy, AM, Ph.0361-2221199, E: sroy@mstcindia.co.in

Contact Person at NTPC BG-TPP:

DGM(C&M): Amitabha Sutradhar

Contact No: 03661-282778/ 9411113468

Email: amitabhasutradhar@ntpc.co.in

Sr.Mgr(C&M): Amit Saikia

Contact No: 9435720449

Email: amitsaikia@ntpc.co.in

DGM (AUD): E.Ngullie

Contact No: 9435139531

Email: engullie@ntpc.co.in

NTPC LIMITED BONGAIGAON (henceforth referred to as NTPC BONGAIGAON which expression shall unless repugnant to the context or meaning thereof be deemed to

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include its successors and permitted assigns) intends to promote utilization of fly ash as resource material. To facilitate this, NTPC BONGAIGAON wishes to supply fly ash for

a period of 01 (one) year. NTPC BONGAIGAON thus invites bids from eligible and interested buyers for supply of fly ash from the Unit 1, 2 & 3 (3 X 250 MW) of NTPC

BONGAIGAON THERMAL POWER PROJECT (henceforth referred to as NTPC BONGAIGAON) as mentioned in attachment in Lot description.

ALL CONTRACTS/TRANSACTIONS ENTERED INTO BY THE BUYER/BIDDER ARISING OUT OF THIS E-AUCTION SHALL BE GOVERNED

BY THE INTEGRITY PACT AVAILABLE ON OUR WEBSITE, www.mstcindia.co.in

SPECIAL NOTE FOR GOODS & SERVICE TAX (GST):

The Goods& Service Tax (GST) is implemented with effect from 01st July 2017 in India. Accordingly, VAT / Sales Tax will be discontinued and

these taxes will be subsumed to GST. GST will be payable on all goods (whether scrap or otherwise).

Hence all Buyers / Bidders having VAT Registration (TIN) need to register with GST for continuing transactions. Copy of certificate mentioning

GST Registration Number needs to be submitted with the respective office of MSTC Ltd. (from where Registration was done) for updating Buyer

Registration details. MSTC / Seller will not be able to issue any Sale Order / Delivery Order / Invoice, etc. wherever GST Registration Number is

not updated. Further the existing VAT / Sale Tax Rate shall be replaced by GST Rate and differential tax, if any, will be paid by or refunded to

Buyers.

In the same way, all Principals / Sellers need to submit copy of certificate referring GST Registration Number with the respective office of MSTC

Ltd. (from where Auction is conducted) for updating Seller Registration details. It will not be possible to conduct any Auction or issue any Sale

Order / Delivery Order, etc. wherever GST Registration Number is not updated. Further the Service Tax Rate on Service Charge Bill, shall be

replaced by GST Rate and differential tax, if any, will be required to be paid by Principals / Sellers.

IMPORTANT NOTES:

.PLEASE NOTE: THE AUCTION CATALOGUE ON THE LIVE E AUCTION FLOOR SHOULD BE TREATED AS FINAL AND BINDING.

.THOUGH A FACILITY IS PROVIDED TO BIDDERS TO SELECT A CATEGORY IN THE LIVE AUCTION FLOOR, HOWEVER, BUYERS IN

THEIR OWN INTEREST ARE ADVISED TO GO TO LIVE E AUCTION FLOOR, AFTER SELECTING "ALL CATEGORIES". MSTC WILL NOT

BE RESPONSIBLE FOR ANY OVERSIGHT IN SELECTING THE CATEGORY IN LIVE EAUCTION/LOT ON THE PART OF

BIDDERS/BUYERS"

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3.PAYMENT CLAUSE: Incase the last date of submission of payment happens to fall on a Public Holiday, the next day shall be considered as

the date of submission of payment.

4.DDs of Cooperative Bank shall not be accepted and will be returned without any action being taken on them.

5.BUYERS HAVE TO INSPECT THE MATERIAL THOROUGHLY AND SATISFY THEMSELVES ABOUT THE NATURE ,

HAZARDOUS/EXPLOSIVE PROPERTIES, IF ANY, BEFORE SUBMITTING THE BID. IN CASE THEY COME ACROSS ANY MATERIAL

BEYOND THE SCOPE OF THE DESCRIPTION OF MATERIAL, IT SHOULD BE INFORMED TO SELLER/MSTC. MSTC WILL NOT BE

RESPONSIBLE FOR ANY COMPLAINT IN THIS REGARD.

============================================================================================================

=====

.MSTC Ltd. shall hereinafter be referred to as MSTC and NTPC, BG-TPP as owners.

2.All the materials are offered for sale on AS IS WHERE IS basis Ex works owners. The rates shall be offered ON UNIT BASIS FOR EACH LOT

SEPARATELY NOT PART THEREOF i.e. in Rupees per unit only.

3.The quantities indicated against the lot are purely indicative subject to a variation of +/- 20%. In the event of quantity turning out to be more

than the estimated quantity and within the range of (+) 20% variation, the buyer has to lift the entire material and clear the site after making the

required payment. In the event of actual quantity turning out to be less than the estimated quantity, the buyer shall not be entitled to claim any

damages, loss of interest or compensation on this ground except the refund of material value for that much quantity from the Seller. The amount

of GST and Income Tax pertaining to such undelivered quantity shall not be refunded and will be required to be claimed by the buyer from the

respective departments only.

4.The rates must be quoted exclusive of all taxes, duties and any other levies etc. The present rate of GST for various lots are indicated in the list

of items. However the rate of GST prevailing at the time of making payment shall be applicable.

.Bidders shall submit his/their income tax clearance certificate (latest) partnership deed of org. as and when demanded by MSTC / Owners.

.The Bidder's/customer's workmen shall have to abide by the rules& regulations including safety & security regulations of the relevant statutory

Acts. Entry inside the works/stores should only be against Gate pass for the men and equipment for which purchaser/bidder will have to apply

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well in advance before lifting commences.

.The purchaser shall ensure that his workmen do not loiter around within the stores area of the Seller. They shall not touch any material except

that material shown to them. If any of his workmen is even found violating these restrictions, then the purchaser shall be responsible for making

good the loss to the owners on which their decision shall be final and binding.

8.PAYMENT TERMS : As per attachment

IN CASE OF ANY CONFLICT BETWEEN STC AND ATTACHMENT , THE ATTACHMENT IN LOT DESCRIPTION/STC WILL SUPERSEDE

NOTE : After the submission of bid(s) by the Buyer, a presumption would be drawn that the buyer has inspected the material and has satisfied

himself about the nature, quantity ,quality, other technical specifications, taxes-duties and legalities prior to the e-auction. No complaint,

whatsoever, on the points referred above, would be entertained after the submission of the bid.

Catalogue downloaded from www.mstcecommerce.com at : 12.39.23 hrs on 03-10-2019