NTPC/
NTPC/
www.valuejunction.in
Valuejunction a business unit of mjunction services limited is pleased to be selected by NTPC Limited (referred to as The Client hereinafter) for conduct of online auctions for disposal of their Scraps and Surplus & Obsolete assets. All these scraps or assets given below will be sold on “As is where is basis” and on “No Complaint basis”. All our valued customers are requested to peruse the participation terms, payment terms , lifting terms and other terms and conditions given below before participating. It is assumed that all our customers are aware about the terms and conditions as set out in these presents before placing a bid in the auction. We thank you in advance for your kind cooperation and participation.
Registration: All our new customers are requested to register themselves in the website www.valuejunction.in OR www.metaljunction.com or get in touch with mjunction officials as above.
Inspection: The intending bidder or his authorized representative may inspect the materials as per the schedule above, on any working day at the location specified with prior permission from
Participation Terms:
∙Declaration as a qualified bidder by NTPC authorities
∙Submission of EMD in favor of “mjunction services Ltd.” Payable at Kolkata for NEFT. (For EMD details – Please see Material list).
∙
EMD DEPOSIT DETAILS as mentioned below:
EMD is in the name of MJ, you must always deposit the EMD in your unique VIRTUAL ACCOUNT only. Unique Virtual account is available in your “Profile”
You can
*All the customers will have a unique account number. The unique account number is an alpha numeric code consisting of 13 characters. The Customer’s unique “account number” is a combination of the MJ’ SAP code along with the 7 digit bidder SAP ID and can be used as reference for all subsequent transactions. The Customer’s Account Number detail is available in “Profile” after the customer logs into our website using the user id and password.
PLEASE NOTE THE FOLLOWING POINTS BEFORE SELF ATTACHED WITH AUCTION
Be careful to select the correct Catalogue/Lot/Group during
You cannot detach yourself once you have attached yourself to a particular auction until that auction is over
For any assistance please contact our toll free no:
Toll Free No: 180041920001 Write to enquiry@mjunction.in
You may also refer to the Online EMD Management Bidder Manual (audio/visual) available in www.metaljunction.com> Click on Login>Auction Login>Required Auction Training? Click Here>Online EMD
Note: Online EMD Bidder Manual and FAQ is available in our website: www.metaljunction.com> Click on Login>Auction Login
This Pre Bid Deposit to
EMD required for participating in the
Minimum quantity of fly ash that a bidder is allowed to be bid for is 10000MT
Tentative timelines
NTPC LIMITED
BID DOCUMENT
FOR PROVIDING INCENTIVE ON OFF TAKE OF FLY ASH FROM
NTPC LIMITED VINDHYACHAL SUPER THERMAL POWER STATION,
DIST: SINGRAULI (MP)
&
NTPC LIMITED RIHAND SUPER THERMAL POWER STATION
DIST: SONBHADRA (UP)
SPECIFICATION NO.
NTPC/
Address:- NTPC Ltd., Shared Services Centre, Northern Region (V)
P.O.- VINDHYANAGAR
Dist:- SINGRAULI (M.P.)
Pin:- 486885
8.Contact Details…………………………………………………………...............10
9.Definitions ..………………………………………………..…..………………...11
24.Examination of Bids……………………………………………………….15
31.Confidentiality…………………………………………………………………….20
32.Contract Performance Guarantee……………………………………………..20
33.Security Deposit………………………………………………………………….21
34.Fly Ash lifting Plan……………………………………………………………….21
35.Adherence to Fraud Prevention Policy………………………………………21
35a Declaration of Banning Policy…………………………………………………21
37.Settlement of Disputes. …………………………………………..…………..22
38.Arbitration…… …………………………………………………………………....26
39.Force Majeure ………………………………………....……………………….…29
46.Jurisdiction of Court…………………..................................................... ..... 31
48.Observance of environmental parameters and indemnity to NTPC VSTPS
................................................... ................................................................... 32
50.Working Hours…………………………………………………..………………. 33
53.Period & Commencement of Supply………………………………………….33
54.Weighment for Invoicing……………………………….……………………….33
58Termination of contract………………………………………………………….35
59.Taxes, Duties and Levies………………………………………………………..35
60.Delivery & Responsibility During Transportation ……………………..…...35
61. Diversion of allocated quantity of fly ash & upward quantity flexibility ..36
NTPC LTD
INVITATION OF BIDS FOR PROVIDING INCENTIVE FOR OFFTAKE OF FLY ASH
1.0Introduction
NTPC LIMITED (henceforth referred to as NTPC Ltd. 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 in the power plants of NTPC Ltd. Namely NTPC Rihand Super Thermal Power Station and NTPC Vindhyachal Super Thermal Power Station. To facilitate this, NTPC Ltd. wishes to provide incentive to the eligible Cement manufacturers, Ready Mixed Concrete Plants and Asbestos cement product manufacturing units for offtake of fly ash from the ash silos for a period of 01 (One) year for manufacturing of ash based products. NTPC Ltd. thus invites bids from eligible and interested Offtakers for offtake of fly ash under fly ash incentive mechanism (as mentioned below) from available dry fly ash silos of NTPC VINDHYACHAL SUPER THERMAL POWER STATION & NTPC RIHAND SUPER THERMAL POWER STATION.
2.0Scope of Supply:
a)NTPC Ltd. invites bids as specified in the e tender catalogue – document / bid document for incentive based offtake of fly ash to the interested and eligible users from the designated delivery point(s) i.e. Available Ash Silo chutes of ‘NTPC Rihand Super Thermal Power Station and NTPC Vindhyachal Super Thermal Power Station’ as detailed in the bid document, in the Offtaker’s bulkers/covered trucks only.
b)The tentative quantity available for supply under incentive mechanism is brought out as under:
3.0Bidding details
Bidding shall be single stage bidding. Detailed conditions and scope of work are given in the bid documents, which can be downloaded from the website https://www.metaljunction.com:
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.
4.0Eligibility for bid participation
All Offtakers who
(i)are registered with
(ii)have remitted the EMD as per the applicable terms,
(iii)have uploaded digitally signed Integrity Pact document on portal as per Annex XIV
(iv)have uploaded digitally signed qualifying documents on portal as per Annex 1A before the last day of submission of documents as per timelines specified on page 1 and page 3 and found correct as per terms and conditions of the e – tender/bid document along with all relevant Annexures duly filled say ‘no deviation statement,
Fraud prevention policy’ etc. shall be eligible to participate in the bidding process.
5.0Qualifying Requirements for End Users/Industry (Refer Annexure 1A)
a)Bidder should be proprietorship firm / partnership firm / company.
b)Bidder should be an End User / Industry (They have to submit certificates issued by statutory authorities depicting that they are directly engaged in manufacturing of Cement or RMC (Ready Mix Concrete) or Asbestos cement products).
c)The average annual turnover of the bidder for the last three financial years should be
i)For fly ash offtake quantity of 10000 MT per Annum: Rs. 35 lacs.
ii)For fly ash offtake quantity more than 10000 MT and upto 50000 MT per Annum: Rs. 175 lacs
iii)For fly ash offtake quantity more than 50000 MT and upto 200000 MT per Annum: 700 lacs
iv)For fly ash offtake quantity more than 200000 MT per Annum: 1050 lacs
Note:
Manufacturers/End Users 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.
d)The bidders whose bid quantity is more than 0.5 lac MT will have to submit supporting documents to prove that the bid quantity is less than or equal to 120 % of the quantity utilized by it in the last financial year.
6.0Undertaking for Utilisation of Ash
Bidders shall submit an undertaking of utilizing the Fly Ash in Cement, RMC (Ready Mix Concrete) and Asbestos cement products taken from the NTPC Ltd. plants under the incentive scheme (Annex IV).
7.0Submission of Bids
Bids are to be submitted by the Offtaker online in the
8.0Contact Details
DEFINITIONS
9 In this contract, following terms shall be interpreted as:
9.1 “The Contract” shall mean the issuance of award letter including bid documents and amendment thereof which will constitute the formation of the Contract.
9.2“The Contract Value” means the incentive payable to the industries / ash based product manufacturers for offtake of fly ash under the Contract for the full and proper performance of its contractual obligations.
9.3 “Day” means calendar day.
9.4 “Effective Date” means the date on which this Contract becomes effective (i.e. issue date of LOA).
9.5 “GCS” mean General Conditions of Supply contained in this document.
9.6 “SCS” means Special Conditions of Supply contained in this document.
9.7 “The Off taker” (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.
9.8 “Owner/Supplier” (i.e. NTPC Vindhyachal and / or NTPC Rihand) which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and permitted assigns.
9.9 “Acceptable Bank” means any of the banks referred to in Annexure – VII List of the Banks.
9.10Awarded Quantity/Annual Contract Quantity/Annual Allocated Quantity - is the quantity of fly ash as finalized by NTPC Ltd. for award during a year and shall be expressed in Metric Tonne (MT) per annum.
9.11 “Arbitration Act” means the Indian Arbitration and Conciliation Act, 1996, as amended and modified from time to time, including any
9.12 Metric Tonne (MT) means 1000 Kilograms.
9.13 “Contract Term/Period” means duration of the contract together with any extension period.
9.14 “Delivery Point” means the chutes of the designated and available fly ash silos.
9.15Dispute/Dispute Notice Refer clause 35 of bid documents.
9.16“Engineer in charge” means Head of EMG & Ash Utilization Deptt. of NTPC Rihand and / or NTPC Vindhyachal who will be
9.17 “First Off take” means the date of first off take of fly ash, by the Offtaker from Delivery Point in accordance with this Agreement.
9.18 “Force Majeure” shall have the meaning ascribed to it under clause 37 of bid document.
9.19 “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.
9.20 “Quarter” shall mean a period of 03 months and shall be calculated from the scheduled date of commencement of contract.
9.21 “Party” means the Owner or the Bidder, as the case may be, and “Parties” means both of them.
9.22 “Incentive Rate” is the incentive amount per MT mentioned in the Letter of Award. Letter of award
shall be issued by NTPC Ltd., SSC – NR (V) to the individual successful bidders.
9.23 “Adjusted quantity” means the quantity of fly ash which NTPC Ltd. is not able to provide to the Offtakers due to any reasons including forced outage of the plant, congestion, rain etc, the NTPC accordingly shall adjust the awarded quantity downwardly of each off taker.
9.24 “Adjudicator” means the person or persons appointed by the Head of Station to make a decision on or to settle any dispute or difference between the Owner and the Offtaker, referred to him or her by either of the parties pursuant to GCC
INSTRUCTIONS TO BIDDER / OFFTAKER
10.0The Bidding Documents
The Bidding Documents shall comprise of following: Invitation for Bid
Instructions to Bidders General Conditions of Contract Special Conditions of Contract Annexures
11.0Language of the Contract
All bids shall be submitted in English Language. Award letter shall also be issued in English language.
13.0Understanding and Clarification of Bid Documents
a.The Bidder is expected to carefully examine the Bid documents and fully satisfy himself as to all the conditions and matters, which may in any way affect the work or the cost thereof. If any Bidder finds discrepancies or omissions in the Bid documents or is in doubt as to the true intent or meaning of any part thereof, he shall at once request in writing to
b.Verbal clarifications and information given by
14.0Validity 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
15.0Bid 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
c.Bid security of unsuccessful bidders shall be returned by
calculated from the submission of online refund requests by the customer through their respective logins to the
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 commit any fraud while competing for this contract pursuant to Fraud Prevention Policy of NTPC.
16.0Procedure for registration & payment of bid security
Only the bidders registered with
17.0Late Bids
Bids can be submitted online only during the bid submission start date and end date. There is no provision for submission of bids after the bid submission period.
18.0Bidding Requirement
Only registered bidders will be allowed to participate subject to bidder meeting the bid requirements as per para 4.0 above. In addition to above, all bidders have to submit relevant documents as mentioned at Annex 1A.
19.0Check List
a.The bidders are requested to duly fill in the check list enclosed at Annexure III.
b.The checklist gives only certain important items, to facilitate the bidder to make sure that necessary data / information is provided by him in this proposal. This however, does not relieve the bidder of his responsibility to make sure that his proposal is otherwise complete in all respects.
20.0Deviation
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 and may result in forfeiture of bid security. Bidder has to submit the signed copy of No Deviation Certificate as per Annexure – II.
21.0Modification and Withdrawal of Bids
During the bidding period, bidders may modify their bid any number of times up to the quantity proportionate to the bid security submitted, against any incentive of their choice between the prescribed incentive band. After submission of bid, the bidders cannot modify or withdraw their bids. Withdrawal of bids will result in the forfeiture of the
Bidder’s bid security.
22.0Notice
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 or in mail to an authorized representative of
23.0Bidding 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.
Bidders are to quote online their quantity requirement against the respective incentive rate during the bidding period. Sample bid sheet is shown at Annex 1B.
24.0Examination of Bids and Owner’s Right to accept any Bid or to reject any or all Bids
24.1
24.2The 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.
24.3Notwithstanding 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.
25.0Methodology for Incentive
a.Fly ash utilization incentive to be provided by the Owner to successful Bidder / offtaker(s) shall be the incentive rate in terms of Rs / MT arrived from the bids received as per the methodology described in Clause 26.
b.Amount of incentive will be including GST and other applicable taxes.
26.0Incentive calculation & Bidding Methodology
a.Bidding is allowed in the multiples of Rs. 10 and any quantity in the multiples 0.1 lac MT.
b.Bidders may quote different quantity they would like to
c.There is an upper limit of incentive rate bidding process. System will not accept the bids placed above this limit.
d.There is another upper ceiling of incentive rate below the upper limit. All bids quoted above this limit will not be considered for discovery of Incentive Rate as detailed in 27.0.
27.0Evaluation criterion of bids
27.1Based on all the valid bids received below the ceiling rate, a ‘“Discovered Incentive Rate”’ will be calculated ensuring minimum outflow of capital while maximising the ash off take.
27.2‘“Discovered Incentive Rate”’ (rounded off to the nearest lower multiple of 10) will be the average weighted price of all the valid bids received as per 27.1 above, if the bid quantity is less than or equal to 11 lac MT.
Following table explains the calculation assuming an Upper Limit of 250 and a Ceiling of Rs.
200:
Case 1 - Total valid bid Quantity less than or equal to 11.0 LMT
Total bid quantity (all bids) – 10.0 LMT
Total quantity used for incentive rate calculation – 6.5 LMT
Weighted Average Incentive Rate = 153.84 [(0.5X80)+(2.0X100)+(2X180)+(2.0X200)]/6.5
Discovered Incentive Rate = 150
27.3If the valid bid quantity in 27.1 is more than 11 lac MT, the ‘“Discovered Incentive Rate”’ will be calculated by considering only those bids which ensure minimum cumulative incentive while ensuring off take of complete 11 LMT of fly ash on offer. This will be done by removing or apportioning the highest bids.
Following table explains the calculation assuming an Upper Limit of Rs.250 and a Ceiling Limit of Rs. 200:
Case 2 - Total valid bid Quantity more than 11.0 LMT
Total bid quantity (all bids) – 16.5 LMT
Total quantity used for incentive rate calculation – 11.0 LMT
Weighted Average Incentive Rate = 147.72 [(1.0X50)+(0.5X70)+(0.5X80)+(2.0X100)+(1.0X140)+(2X180)+(4X200)]/11.0
Discovered Incentive Rate = 140
28.0Award criterion, Award Incentive Rate & Awarded Quantity
a.The bidders whose Incentive rate bids are less than the “Discovered Incentive Rate” will be allotted all the quantity at their respective bid value for the bids below the “Discovered Incentive Rate”. If there are more than one bidders with the same bid price and all of them can not be allocated all the quantity as per their requirement since this will cross the limit of 11 LMT, then their allocation will be on
b.After the completion of step (a) above, if the allocated quantity is less than 11 LMT, the bidders of step (a) above whose cumulative bid quantity below the “Discovered Incentive Rate” is more than or equal to 50 % of his total bid quantity, will be offered balance of his total bid quantity at the “Discovered Incentive Rate”. If there are more than one bidders who can not be allocated all the balance quantity as per their requirement since this will cross the limit of 11 LMT, then their balance allocation will be on
c.If the allocated quantity at point (b) above is still below 11 LMT, the bidders whose cumulative bid quantity above the “Discovered Incentive Rate” is more than 50 % of his total bid quantity, will be offered 75 % of his balance total bid quantity below the ceiling limit at the “Discovered Incentive Rate”. The offer will be made moving from the bids with lowest difference from the “Discovered Incentive Rate” to the highest difference till the entire quantity of 11 LMT is allocated. If there are more than one bidders who can not be allocated all the balance quantity as per their requirement since this will cross the limit of 11 LMT, then their balance allocation will be on
d.If the allocated quantity at point (c) above is still below 11 LMT, the bidders who have made bids above the Ceiling Limit will be offered 50 % of their balance total bid quantity at the
“Discovered Incentive Rate”. The offer will be made moving from the bids with lowest difference from the “Discovered Incentive Rate” to the highest difference till the entire quantity of 11 LMT is allocated. If there are more than one bidders who can not be allocated all the balance quantity as per their requirement since this will cross the limit of 11 LMT, then their balance allocation will be on
e.Any bidder of step (a) above who refuses to lift his allocated quantity will be debarred from lifting fly ash from NTPC Vindhyachal and NTPC Rihand for at least two years, under any kind of Incentive Scheme, and the EMD submitted with the bid will be forfeited.
However, the EMD of the bidders who don’t want to lift the quantity as per b,c,d methodology above will not be forfeited
29.0Award for supply of Fly Ash
a.The Owner will issue Award letter (Model Award letter at Annexure VIII) of allocation for supply of Fly Ash in writing to the successful Bidders in duplicate. The successful bidder shall return the duplicate copy of the award letter duly signed & stamped as token of their acknowledgement.
b.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.
30.0Owner’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 there to.
31.0Confidentiality
a.Information relating to the examination, clarification, evaluation, and comparison of bids, and recommendations for allocation shall not be disclosed to Bidder / offtaker or any other person not officially concerned with such process.
b.Any effort by the Bidder / offtaker to influence the Supplier in the Supplier’s bid evaluation, bid comparison, or allocation decisions may result in the rejection of the Bidder / offtaker ’s bid.
c.From the time of bid opening to the time of allocation, if any Bidder / offtaker wishes to contact the Supplier on any matter related to its bid, it should do so in writing.
32.0Contract Performance Guarantee (CPG)
a.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 allocated quantity in the form of RTGS/ Crossed Demand Draft in favor of NTPC LIMITED payable at Vindhyanagar 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.
b.Failure of the successful Bidder to comply with the requirement of Submission of Contract Performance Guarantee within the prescribed time shall constitute sufficient grounds for the annulment of the allocation order and forfeiture of the Bid Security. In that event no damages or compensations shall be payable to the Offtaker.
c.For commencement of supplies, submission of CPG is a precondition.
d.Contract Performance Guarantee (CPG) shall be released within 90 (Ninety) days after successful completion of contract in all respects.
e.The successful bidders will submit their fly ash lifting plan with monthly
availability of ash in a particular month, the actual allocated quantity will be decided by AGM (AUD), NTPC Vindhyachal/Rihand.
f. This CPG will also be used as a Bank Guarantee that will be encashed in case the Offtaker diverts fly ash issued to it to some other parties.
33.0SECURITY DEPOSIT:
a.The bank guarantee submitted above as CPG will also be used as a Security Deposit. The BG will be released after 03 months of completion of contract.
b.That in the event the bidder / offtaker fails to make good the liability/damage sustained by NTPC Ltd on account of the bidder / offtaker, same may be recovered from the CPG retained by NTPC Ltd and the amount of Incentive payable and bidder / offtaker shall have no objection for the same.
34.0Fly Ash lifting plan over the allocation period
The successful bidders will submit their fly ash lifting plan with monthly
35.0ADHERENCE TO FRAUD PREVENTION POLICY [as per prevailing NTPC Instruction to Bidders (ITB)]
The Bidders/Offtakers along with their 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 Bidders/Offtakers 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 Bidder(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.
35a 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 Bidder/Off taker on account of any default by the Bidder/Off taker 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”.
A certificate to this effect as per Annexure - X shall be furnished by the bidder along with his bid.
GENERAL CONDITIONS OF SUPPLY
36.0Acquaintances of local conditions;
It will be imperative for the Bidder / offtaker to fully inform himself of all local conditions and factors, which shall have any effect on the execution of the work covered under these documents and specifications.
Settlement of Disputes
37.Settlement of Disputes
37.1Mutual Consultation
If any dispute of any kind whatsoever shall arise between the Employer and the Contractor in connection with or arising out of the Contract, including without prejudice to the generality of the foregoing, any question regarding its existence, validity or termination, or the execution of the Facilities, whether during the progress of the Facilities or after their completion and whether before or after the termination, abandonment or breach of the Contract, the parties shall seek to resolve any such dispute or difference by mutual consultation. If the parties fail to resolve such a dispute or difference by mutual consultation, then the dispute may be settled through Expert Settlement Council / Arbitration / other remedies available under the applicable laws.
37.2Resolution of Dispute through Expert Settlement Council
If the parties fail to resolve such a dispute or difference by mutual consultation, the dispute if the parties agree, may be referred to Conciliation in cases involving
disputed amount up to Rs 250 crores, which is to be arrived at considering the claim and counter claim of the parties to the dispute.
37.2.1Invitation for Conciliation:
37.2.1.1A party shall notify the other party in writing about such a dispute it wishes to refer for Conciliation within a period of 30 days from the date of raising of the dispute in case of failure to resolve the same through mutual consultation. Such Invitation for Conciliation
shall contain sufficient information as to the dispute to enable the other party to be fully informed as to the nature of the dispute, amount of the monetary claim, if any, and apparent cause of action.
37.2.1.2 Upon acceptance of the invitation to conciliate, the other party shall submit its counter claim, if any, within a period of 30 days from the date of the invitation to conciliate. If the other party rejects the invitation or disputed amount exceeds Rs 250 crores, there will be no Conciliation proceedings. There shall be no Conciliation where claim amount is only up to Rs 5 lakhs.
37.2.1.3If the party initiating Conciliation does not receive a reply within thirty days from the date on
which it sends the invitation, or within such other period of time as specified in the invitation, it shall treat this as a rejection of the invitation to conciliate from the other party.
37.2.2Conciliation:
37.2.2.1Where Invitation for Conciliation has been furnished under GCC sub clause 8.2.1,the parties shall attempt to settle such dispute through Expert Settlement Council ( ESC) which shall be constituted by CMD, NTPC.
37.2.2.2ESC will be formed from experts comprising of three members from the panel of conciliators maintained by NTPC. However, there will be single member ESC for disputes involving claim and counter claim (if any) up to Rs. 1 crore. CMD will have authority to reconstitute an ESC to fill any vacancy.
37.2.2.3The eligible persons for consideration for empanelment in the panel of conciliators shall be amongst Retired Civil Servants of Govt. of India not below the rank of Joint Secretary, Retired Judges, Retired Executive directors/Directors/ Chairman of any Maharatna / Navratna company in India other than NTPC Ltd, Retired Independent Directors who have served on the Board of any Maharatna / Navratna company in India other than NTPC Ltd and Independent experts in their respective fields preferably registered with the Indian Council of Arbitration or Delhi International Arbitration Centre or Federation of Indian Chambers of Commerce and Industry or SCOPE Arbitration Forum.
37.2.3Proceedings before ESC:
37.2.3.1The claimant shall submit its statement of claims along with relevant documents to ESC members, and to the party(s) indicated in the appointment letter within 30 days of the issue of the appointment letter. The respondent shall f ile its reply and counter claim (if any) within 30 days of the receipt of the statement of claims. Parties may f ile their rejoinder/additional documents, if any in support of their claim/counterclaim within next 15 days. No documents shall be allowed thereafter, except with the permission of ESC.
37.2.3.2The parties shall file their claim and counterclaim in the following format
a. Chronology of the dispute
37.2.3.2.1Brief of the contract
c.Brief history of the Dispute
d.Issues
Sl. No.
Description of
Claims/ Counter claims
Amount (in foreign currency/INR)
Relevant
Contract
Clause
e.Details of Claim(s)/Counter Claim(s)
f.Basis/Ground of claim(s)/counter claim(s) (along with relevant clause of contract
Note: Statement of claims shall be restricted to maximum limit of 20 pages.
37.2.3.3In case of 3 members ESC, 2 members will constitute a valid quorum and the meeting can take place to proceed in the matter after seeking consent from the member who is not available. However, ESC recommendations will be signed by all the members.
37.2.3.4The parties shall be represented by their in house employees. No party shall be allowed to bring any advocate or outside consultant/advisor/agent to contest on their behalf.
37.2.3.5ESC will conclude its proceedings in maximum 10 meetings, and give its recommendations within 90 days of its first meeting. ESC will give its recommendations to both the parties recommending possible terms of settlement. CMD, NTPC may extend the time/number of meetings, in exceptional cases, if ESC requests for the same with sufficient reasons.
37.2.3.6Depending upon the location of ESC members and the parties, the venue of the ESC meeting shall be either Delhi/Mumbai/Kolkata/Chennai or any other city whichever is most economical from the point of view of travel and stay etc. All the expenditure incurred in ESC proceedings shall be shared by the parties in equal proportion.
37.2.4Fees & Facilities to the Members of the ESC
The cost of Conciliation proceedings including but not limited to fees for Conciliator, Airfare, Local transport, Accommodation, cost towards conference facility etc shall be as provided herein below:
S. No.
Fees/ Facility
Entitlement
Aforesaid fees is subject to revision by NTPC from time to time and subject to government guidelines on austerity measures, if any. All the expenditure incurred in the ESC proceedings shall be shared by the parties in equal proportions. The Parties shall maintain the account of expenditure and present to the other for the purpose of sharing on conclusion of the ESC proceedings.
37.2.5If decision of NTPC is acceptable to the contractor, a Settlement Agreement under section 73 of the Arbitration and Conciliation Act 1996 will be signed within 15 days of contractor’s acceptance and same shall be authenticated by all the ESC members. Parties are free to terminate Conciliation proceedings at any stage as provided under the Arbitration and Conciliation Act 1996.
37.2.6The parties shall keep confidential all matters relating to the Conciliation proceedings. Parties shall not rely upon them as evidence in arbitration proceedings or court proceedings.
38.Arbitration
38.1.1If the process of mutual consultation and/or ESC fails to arrive at a settlement between the parties as mentioned at GCC Sub
other party, with a copy for information to the ESC ( as applicable), of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may be commenced unless such notice is given. The mechanism of settling the disputes through arbitration shall be applicable only in cases where the disputed amount ( i.e. total amount of Claims excluding claims of interest) does not exceed Rs. 25 crores. In case the disputed amount exceeds Rs. 25 Crores, the parties shall be within their rights to take recourse to remedies as may be available to them under the applicable laws other than Arbitration after prior intimation to the other party. There shall be no arbitration where the claim amount is only up to Rs. 5 lakhs.
The parties at the time of invocation of arbitration shall submit all the details of the claims and the counter- claims including the
The claims and the counter claims raised by the parties at the time of invocation of the arbitration shall be final and binding on the parties and no further change shall be allowed in the same at any stage during arbitration under any circumstances whatsoever.
The parties to the contract shall invoke arbitration within Six months from the date of completion of the Facilities under the contract or the termination of the contract as the case may be and the parties shall not invoke arbitration later on after expiry of the said period of six months. The parties shall not invoke arbitration other than in the case of completion of the Facilities or the termination of the contract as mentioned above.
Notwithstanding the above, in case of disputes with Indian Contractor who is a Central Government Department /Enterprise /organisation or a State Level Public Enterprise (SLPE), the aforesaid limit of Rs 25 crores shall not be applicable and arbitration proceeding may be commenced irrespective of the amount involved in dispute if the dispute could not be resolved through Conciliation as brought out at GCC Sub Clause 8.2 above.
38.1.2Any dispute in respect of which a notice of intention to commence arbitration has been given, in accordance with GCC Sub Clause 8.3.1, shall be finally settled by arbitration.
38.1.3Any dispute raised by a party to arbitration shall be adjudicated by a Sole Arbitrator appointed by CMD, NTPC from the List of empanelled Arbitrators of NTPC in the following manner :-
a)A party willing to commence arbitration proceeding shall invoke Arbitration Clause by giving 60 days notice to the other party.
b)If the Arbitrator so appointed dies, resigns, becomes incapacitated or withdraws for any reason from the proceedings, it shall be lawful for CMD, NTPC to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left.
c)It is agreed between the parties that the Arbitration proceedings shall be conducted as per the provisions of Fast Track Procedure as provided under section 29B of the Arbitration and Conciliation Act, 1996 as amended.
d)Arbitrator shall be paid fees at the following rates:
If the claim is in foreign currency, the SBI Bills Selling Exchange rate prevailing on the date of claim shall be used for the purpose of converting the
claim in Indian Rupee which may be used for determining the arbitration fee as brought out above.
e)If after commencement of the Arbitration proceedings, the parties agree to settle the dispute mutually or refer the dispute to Conciliation, the arbitrator shall put the proceedings in abeyance until such period as requested by the parties. Where the proceedings are put in abeyance or terminated on account of mutual settlement of dispute by the parties, the fees payable to the arbitrator shall be determined as under:
(i)40% of the fees if the Pleadings are complete.
(ii)60% of the fees if the Hearing has commenced.
(iii)80% of the fees if the Hearing is concluded but the Award is yet to be passed.
fees on Completion of Pleadings.
(ii)40% of the fees on Conclusion of the Final Hearing.
(iii)20% at the time when arbitrator notifies the date of final award.
g)The Claimant shall be responsible for making all necessary arrangements for the travel/ stay of the Arbitrator including venue of arbitration, hearings. The parties shall share the expenses for the same equally.
h)The Arbitration shall be held at Delhi only unless specified otherwise in the SCC.
i)The Arbitrator shall give reasoned and speaking award and it shall be final and binding on the parties.
j)Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act, 1996 and any statutory modifications or re- enactment thereof shall apply to the arbitration proceedings under this clause.
38.1.4In case the Indian Contractor is a Central Government Department/ Enterprise/organization or a State Level Public Enterprise ( SLPE), the dispute arising between the Employer and the Contractor shall be dealt as per guide line mentioned in AMRCD advance mechanism for resolution of CPSEs Disputes notified by central Government.
38.2Notwithstanding any reference to the Conciliation or Arbitration herein,
(a)the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree.
(b)the Employer shall pay the Contractor any monies due to the Contractor.
39.Force Majeure
[taken up based on prevailing NTPC General Conditions of Contract (GCC)]
39.1“Force Majeure” shall mean any event beyond the reasonable control of the Owner or of the Bidder/Off taker, as the case may be, and which is unavoidable notwithstanding the reasonable care of the party affected.
39.2If 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.
39.3The party who has given such notice shall be excused from the performance or punctual performance of its obligations under the Contract for so long as the relevant event of Force
Majeure continues and to the extent that such party’s performance is prevented, hindered or delayed. The Time for Completion shall be extended accordingly.
39.4The 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.
39.5No 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.
39.6If 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.
39.7Notwithstanding Sub Clause 37.5, Force Majeure shall not apply to any obligation of the Owner to make payments to the Offtaker 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
(c)any explosion or impact of any mine, bomb, shell, grenade or other projectile, missile, munitions or explosive of war.
(ii)Notwithstanding anything contained in the Contract, the Offtaker 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 Offtaker 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 Offtaker’s Equipments or any other property of the Offtaker 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 Offtaker for
(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 Offtaker’s Equipments or other property of the Offtaker 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 Offtaker 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 Offtaker 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 Offtaker shall as soon as practicable notify the Owner in writing of any such increased cost.
v.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 Offtaker, the Offtaker shall use its reasonable efforts to execute the Contract with due and proper consideration given to the safety of its and its
vi.In the event of termination, the rights and obligations of the Owner and the Offtaker shall be specified, except that the Offtaker shall have no entitlement to profit in respect of any unexecuted Facilities as of the date of termination.
40.Insurance & Offtaker’s Liability
a.The Offtaker shall be fully responsible for maintaining all the insurances as per law of land at its cost.
b.The Offtaker 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 Offtaker or not) or property in or about the plant including the Silo area (inside/outside the plant) which may arise out due to Offtaker’s act/negligence while carrying out the contract.
The failure to do so will result in forfeiture of all the amount in the Security Deposit as defined in the Clause 33.0 and termination of the contract.
41.Suspension of the supply / fly ash incentive
a.The Owner reserves the right to suspend and reinstate execution of the whole or any part of the supply of fly ash / fly ash incentive.
b.The Owner shall not be responsible for any liabilities for suspension of issue of fly ash or issue of reduced quantity of Fly Ash or suspension / reduction of fly ash incentive for any reason whatsoever.
42.Indemnity for defense of Suits
The bidder / offtaker shall indemnify and keep NTPC Ltd and/or its representative harmless from all losses damages, claims, expenses or decrees arising out of any action in court that 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 bidder / offtaker 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 bidder / offtaker, his agents, representatives or his Sub- contractors, workmen, suppliers, or representatives, employees.
43. Recovery of Sums Due
Whenever any claim for the payment of the sum of money arises against the bidder / offtaker, the Owner shall be entitled to recover such sum by appropriating in whole or in part, from the incentive supposed to be provided by the supplier against fly ash offtake by the bidder / offtaker and /or the Contract Performance Guarantee deposited by the bidder / offtaker.
44.Safety Requirements
[as per prevailing NTPC Special Conditions of Contract (SCC)]
The offtaker, including his subagencies, 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 offtaker will also comply with the provisions of NTPC Safety Rules as issued from time to time and displayed on NTPC's tender website.
45.Disorderly Conduct
The Bidder / offtaker shall at all times take all reasonable precautions to prevent any unlawful, notorious or disorderly conduct by or amongst the Bidder / offtaker ’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.
46.Jurisdiction of Court
Jabalpur High Court shall have the exclusive jurisdiction in all matters pertaining to the Vindhyachal. If fly ash is lifted from both projects i.e,Vindhyachal & Rihand, through a single PO then also jurisdiction shall be Jabalpur High Court . If fly ash lifted from NTPC Rihand only then Allahabad high court will have jurisdiction.
47.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.
48.Observation of Environmental Norms, Prevention of Pollution and Indemnity to NTPC Ltd:
a.The process of loading of dry fly ash in closed trucks / bulkers and the movement of trucks in the silo area of NTPC - Vindhyachal/Rihand and the transportation of fly ash to ash based product manufacturing unit of the bidder / offtaker shall be carried out by bidder / offtaker in such a manner that there is neither any dust nuisance nor any violation of environmental norms.
b.That all the rules & regulations, notifications, laws etc. laid by Pollution Control Boards, CPCB, MoEF etc. shall be followed by bidder / offtaker. Bidder / offtaker shall be solely responsible for violations of provisions of any applicable environmental laws / rules / notifications during the process of offtake of fly ash from the ash silos of NTPC – Vindhyachal/Rihand and its transportation to ash based product manufacturing unit of bidder
/offtaker. Bidder / offtaker shall keep NTPC Vindhyachal/Rihand indemnified against any liability that may arise on these account. In the event of any liability arises to NTPC Vindhyachal/Rihand due to non fulfilling of responsibility by bidder / offtaker, same shall be recovered from the CPG / Security deposit of the bidder / offtaker.
c.Bidder / offtaker shall comply with all laws, rules & regulations etc. laid by statutory authorities as well as the directions / advice of NTPC – Vindhyachal/Rihand related to dry ash loading and its transportation which are not mentioned above but are necessary for compliance of all applicable laws, safety and environmental norms and to carry out all the works in a safe and eco
SPECIAL CONDITIONS OF SUPPLY
49.Scope of Supply
a.The owner (NTPC Ltd.) will provide the allocated quantity of fly ash to the bidder on the incentive rate mentioned in the Letter of Award. It is mentioned here that out of the total allocated quantity of fly ash the bidder has to lift 72% fly ash from NTPC Vindhyachal and the balance 28% from NTPC Rihand.
b.However, in case of unavailability of sufficient quantity of fly ash at either of the two stations the bidder may lift the balance quantity from the other station (Vindhyachal or Rihand) subject to availability and consent of EICs of both stations. No additional incentive shall be payable to the bidder in such case.
c.Owner/Supplier (i.e. NTPC Ltd.) would be in a position to make available allocated quantity of fly ash subject to fly ash availability at either of the stations, Force Majeure conditions and unplanned outage of units of NTPC Ltd.
d.The Owner reserves the right to supply the quantity not lifted by the Offtakers to any other party at the sole discretion of the Owner.
e.Quantity: - Total 11,00,000 MT / Annum
f.Period: - 01 Year(s)
50.Working Hours
Delivery of fly ash is intended to be given on all days including national holidays or as per
51.Delivery Point
a.NTPC Ltd. would deliver fly ash from the available and designated discharge chute of its fly ash silos of NTPC Rihand and NTPC Vindhyachal.
b.Fly ash shall be considered to have been delivered as it passes into the offtaker ’s vehicle at the loading point.
52.Quality of fly ash
NTPC Ltd. would deliver dry fly ash at designated delivery point(s) i.e. Ash Silo Chute on “as is where is” basis and no complaints shall be entertained for any specific quality.
53.Period & Commencement of supply
The agreement period with each bidder will be for a period of one year. Date of start will be within 30 days from date of issue of award letter from NTPC.
54. Weighment for Invoicing
Weighment of all empty and loaded trucks will be done at the weighbridges installed in the FLY ASH SILO areas of NTPC Vindhyachal and NTPC Rihand. Weighment slip and gate pass will
be issued by NTPC Vindhyachal and NTPC Rihand to the trucks of all users under the incentive scheme. Weight so recorded shall be considered final for incentive payment purpose.
55.Payment Terms & Bank Charges
a.Incentive will be paid based on the cumulative quantity arrived as per the weighment slips issued by NTPC Vindhyachal and NTPC Rihand on submission of an
b.Invoice for claiming incentive payments shall be raised by the fly ash offtakers on monthly basis.
c.Incentive rate shall be inclusive of GST.
d.All bank charges shall be borne by the offtaker.
e.Incentive amount to be paid maximum upto RTO/Govt. approved capacity of vehicle or actual weighment whichever is lower. If loaded Fly Ash on vehicle found more than RTO/Govt. approved capacity of vehicle during transit, offtaker will be responsible for violation of any statuary compliance.
56.Compensation against shortfall during off take
a.The successful bidders will submit their month wise fly ash lifting plan for the both the stations (NTPC Rihand as well as NTPC Vindhyachal) for the entire agreement period. However, in case of limited availability of ash in a particular month at a particular station, the EIC may advise the bidder to take the balance quantity from the other station (Vindhyachal or Rihand) subject to consent of the offtaker. In such case if the offtaker is not in the position to take the balance fly ash from the other station then the monthly allocation quantity shall be reduced by the EIC proportionately. However the annual allocation quantity shall remains unchanged subject to availability of fly ash in the remaining period.
b.The successful bidders will submit their fly ash lifting plan with monthly
57.Shortfall in supply by Owner
a.Fly Ash is a product of coal combustion, which again is subject to the demand of electricity in the areas allocated by the regulatory authorities. Scheduled and unscheduled shutdowns also affect generation of electricity and thus generation of Fly Ash. Though all efforts will be made to maintain contracted quantity of Fly ash available, 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.
b.In case Owner is unable to provide the monthly contracted quantity of fly ash due to any reasons including forced outages of the plant, congestions etc. Owner in respect of each Offtaker shall accordingly adjust the average monthly contracted quantity downward. Under such circumstances the quantity calculation in Clause 56 & 58 shall be done with respect to adjusted yearly contracted quantity.
58.Termination of Contract
58.1.1In case the quantity of fly ash lifted by the offtaker is less than 50% of the proportionate allocated quantity in any particular quarter then EIC may recommend for forfeiture of CPG and termination of contract after review subject to the condition that cumulative offtake quantity is also less than 50% with respect to the allocated quantity till the end of that particular quarter. 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 Offtaker shall not be entitled to any compensation from the Owner.
58.1.2The Owner also reserves the right to terminate the contract in the event of breach of contract by the Offtaker giving 15 days notice in writing of their intentions to do so and in such an event the Offtaker shall not be entitled to any compensation from the Owner.
58.2.1In the event of termination of contract for breach of contract as defined in 58.2.2, CPG shall be forfeited.
58.2.2Following will constitute breach of contract:
a.Delay in first
b.
c.
d.Diversion of fly ash quantity taken from the owner for the purpose other than manufacturing of cement / RMC / Asbestos Cement Product manufacturing.
58.3Contract for supply 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 withdrawal of the contract in the interest and safety of the station and the Company by giving 15 days notice in writing to the Offtaker.
59Taxes, Duties, Levies etc.
a.The Bidder/Offtaker 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/Offtaker extra at actual.
b.All fly ash will be supplied on Ex Silo / Ex Works basis. Regarding exports of fly ash by the Offtaker, it is the responsibility of the Offtaker to fulfill their export obligations as may be required, and any shortfall in this regard shall be to the account of the Offtaker only. The
Offtaker indemnifies the Owner against all such liabilities and losses on failure to fulfill the export obligations, if any.
60Delivery & Transportation Responsibilities
a.The subject incentive scheme is for road transportation of fly ash only.
b.The responsibility for transportation will be that of Offtaker.
c.Offtaker should depute his authorized representative to the power station for
d.Delivery will be from Silo Chutes to bulkers / closed trucks only which are suitable for loading from designated silos. Open trucks will not be allowed to take delivery.
e.Fly ash shall not be loaded in excess of the RTO/Govt approved capacity of the vehicle under any circumstances.
f.The Offtaker 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 Offtaker shall indemnify the Owner from all such action or claim from damages/compensation. If the Owner is held liable for any compensation, Offtaker shall forthwith compensate the Owner if any, such claim arose after expiry of the contract period.
g.The Offtaker’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.
h.Prior to first offtake of fly ash by the offtaker, the offtaker shall submit an indemnity bond on the stamp paper of requisite value purchased from the state of M.P. as per the format attached as Annexure - XII
61Diversion of allocated quantity of fly ash & upward quantity flexibility.
a.Fly ash lifted by the bidders / offtakers under the fly ash incentive scheme shall not be diverted to any other agency or for any other purpose except for manufacturing of Cement, Ready Mixed concrete and Asbestos cement product. The CPG submitted as per Clause 32 above will also be used as a Bank Guarantee which will be encashed and contract agreement terminated on the recommendation of EIC if any diversion is established. A monthly and annual
b.Bidders / parties requiring fly ash in excess of quoted quantity may take additional quantity of fly ash at the lowest incentive rate bid made in the bidding process, subject to availability and as per the decision of EIC.
Annexure – 1A
Schedule for Qualifying Requirements
A.We seek qualification as per Clause No. 5 (b) under the category ______________ End users / Industry engaged in manufacturing of fly ash based product directly. In support of our above claim we are enclosing the following documents.
a.Registration certificate issued by Central / State Govt. depicting the product being manufactured by the bidder.
OR
Any other certificate issued by Central / State Govt. depicting the product being manufactured by the bidder (subject to acceptance by NTPC Ltd.)
b.Consent order issued by State Pollution Control Board. In case of unavailability of valid consent the bidder may submit the copy of consent renewal application filed in state pollution control board prior to expiry of existing consent.
B.In terms of clause No. 5 (c), 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.
(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.
C.As per Clause No. 5a, we are enclosing the following documents: -
(a)In case of Sole Proprietorship Concern
(b)In case of Partnership firm
(c)In case of Companies
3
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
For and on behalf of
Signature:
(Authorized Representative)
Name
Annexure - II
(ON BIDDER’S LETTERHEAD)
STATEMENT OF DEVIATIONS/EXCLUSIONS
To,
Addl. General Manager(Contracts)
NTPC LIMITED SSC,NR (V)
Dear Sir,
We declare that there are no deviations from the terms and conditions outlined in your Bidding documents.
Date:Signature
Place:Name
Designation
Common Seal or stamp
7Whether 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)
Addl. General Manager (C &M)
NTPC LIMITED,
PO VINDHYANAGAR,SINGRAULI
Subject: Undertaking for Usage of Fly Ash in Cement /Ready Mixed concrete Plants/ Asbestos
cement product manufacturing
Ash, if allocated to us, shall be used in Cement/Ready Mixed concrete Plants/ Asbestos cement
product manufacturing
Thanking you,
(Signature of authorized person)
(Name & Designation)
(Seal/ Stamp of Company)
42
Page 1 of 3
Annexure - V
Performa 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)
To
Date:
NTPC Limited
PO: Vindhyanagar, Dist: Singrauli (M.P.)
Pin: 486 885
Dear Sirs,
In consideration of the NTPC LIMITED
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/Acceptance
scheme and the Bidder / offtaker having agreed to provide a contract performance guarantee for
……………(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 Bidder / offtaker 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 Bidder / offtaker . Any such demand made by the Owner on the bank shall be conclusive and binding notwithstanding any difference between the Owner and the Bidder / offtaker 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.
43
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 Bidder / offtaker. 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 Bidder / offtaker , 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 Owner and the Bidder / offtaker 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 NTPC VSTPS of its liberty with reference to the matters aforesaid or any of them or by a reason of any other acts of omission or commission on the part of the NTPC VSTPS 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 Bidder / offtaker and notwithstanding any security or other guarantee that the Supplier may have in relation to the Bidder / offtaker ’s liabilities.
Notwithstanding anything contained herein above our liability under this guarantee is restricted to
..................................
(Signature)
44
1.(*) The Date will be Three Months beyond the expiry of the Contract period as specified in the order.
2.The Bank Guarantee shall be from a bank as per provisions of bidding documents.
3.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.
4.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
The Stamp prevailing in the State of MP is @0.25% of BG Value to a Maximum of Rs.25000/-
45
NOTE: BG confirmation from issuing Bank is required which can be confirmed by the issuing Bank to the owner's Bank "SBI Vindhyanagar" IFSC SBIN0007937 or on the body of confirmation letter issued by owner's office.
46
47
Annexure – VI
(Performa for extension of Bank Guarantee) (To be stamped in accordance with Stamp Act)
(The stamp paper should be in the name of issuing bank)
To
NTPC Limited
PO: Vindhyanagar, Dist: Singrauli (M.P.)
Pin: 486 885
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 the Bank
NOTE : The stamp paper of appropriate value should be purchased in the name of the bank who has issued bank guarantee.
48
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
1.Allahabad Bank
2.Andhra Bank
3.Bank of India
4.Bank of Maharashtra
5.Canara Bank
6.Central Bank of India
7.Corporation Bank
8.Dena Bank
9.Indian Bank
10.Indian Overseas Bank
11.Oriental Bank of Commerce
12.Punjab National Bank
13.Punjab & Sind Bank
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14.Syndicate Bank
15.Union Bank of India
16.United Bank of India
17.UCO Bank
18.Vijaya Bank
19.Bank of Baroda
C SCHEDULED PRIVATE BANKS (INDIAN BANKS)
1.Catholic Syrian Bank
2.City Union Bank
3.Dhanlaxmi Bank Ltd.
4.Federal Bank Ltd
5.Jammu & Kashmir Bank Ltd
6.Karnataka Bank Ltd
7.Karur Vysya Bank Ltd
8.Lakshmi Vilas Bank Ltd
9.Nainital Bank Ltd
10.Kotak Mahindra Bank
11.RBL Bank Limited
12.South Indian Bank Ltd
13.Tamilnad Mercantile Bank Ltd
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14.ING Vysya Bank Ltd
15.Axis Bank Ltd.
16.IndusInd Bank Ltd
17.ICICI Bank
18.HDFC Bank Ltd.
19.DCB Bank Ltd
20.Yes Bank Ltd
21.IDFC Bank Limited
22.Bandhan Bank Limited
D SCHEDULED PRIVATE BANKS (FOREIGN BANKS)
1.Abu Dhabi Commercial Bank PJSC
2.Bank of America NA
3.Bank of Bahrain & Kuwait B.S.C.
4.Mashreq Bank p.s.c.
5.Bank of Nova Scotia
6.Crédit Agricole Corporate and Investment Bank
7.BNP Paribas
8.Barclays Bank
9.Citi Bank N.A.
10.Deutsche Bank A.G.
11.The HongKong Shangai Banking Corporation Ltd
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12.Societe Generale
13.Sonali Bank Ltd.
14.Standard Chartered Bank
15.J.P. Morgan Chase Bank, National Association
16.State Bank of Mauritius Ltd.
17.DBS Bank Ltd.
18.Bank of Ceylon
19.PT Bank Maybank Indonesia TBK
20.A B Bank
21.Shinhan Bank.
22.CTBC Bank Co. Ltd.
23.Mizuho Bank Ltd
24.Krung Thai Bank Public Company Ltd.
25.The Bank of
26.Australia & Newzealand Banking Group Limited
27.Sumitomo Mitsui Banking Corporation
28.American Express Banking Corporation
29.Credit Suisse A.G.
30.FirstRand Bank Ltd.
31.Industrial & Commercial Bank of China Ltd.
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32.JSC VTB Bank
33.National Australia Bank
34.Cooperatieve Rabobank U.A.
35.Sberbank
36.United Overseas Bank Ltd.
37.Westpac Banking Corporation
38.Woori Bank
39.The Royal Bank of Scotland plc
40.Doha Bank Qsc
41.Industrial Bank of Korea
42.KEB Hana Bank
43.First Abu Dhabi Bank PJSC
44.Emirates NBD Bank (P.J.S.C)
45.Qatar National Bank SAQ
E OTHER PUBLIC SECTOR BANKS
1. 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
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Annexure VIII
MODEL AWARD LETTER FOR PROVIDING FLY ASH INCENTIVE FOR OFFTAKE OF FLY ASH FROM NTPC
VINDHYACHAL
Letter of Award
To,
___________________________
___________________________
Sub: - Award letter for “Providing incentive on offtake of fly ash” from NTPC Vindhyachal/Rihand
Dear Sir,
This has reference to the following:
Invitation for Bid.
Instruction to the Bidder / offtakers.
General conditions of Supply.
Special conditions of Supply and
Annexures.
c) E tender catalogue/document as published
d)Your offer submitted Ref. No. _____dated _________
2.0We are pleased to accept your above mentioned offer and allocate you _____MT / Annum of Dry Fly Ash from available Dry Fly Ash Silos of our thermal power units for a period of 01 (One) year.
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3.0Terms and Conditions of Supply:
The contract shall be performed by you strictly in accordance with the terms & conditions contained in General Conditions of Supply & Special Conditions of Supply, E tender Catalogue / document, definitions, its amendments, deletions & additions to the same attached herewith, except amendments/modifications specifically brought in this award letter.
All the deviations whether implicit or explicit, contained in your offer stand unconditionally withdrawn, without any cost implications to NTPC Vindhyachal/Rihand .
a)Contract Period:
I. The contract shall be effective from the date of issue of this LOA.
II.Completion period of contract is One year from the first offtake.
b)Period of Supply:
Nothing extra will be paid beyond this.
d)Taxes & Duties:
The Bidder / offtaker 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.
e)Fly ash incentive payment terms:
a.Incentive amount will be released NTPC Vindhyachal/Rihand on monthly basis on production of weighment slip & gate pass copies issued by NTPC Vindhyachal/Rihand along with an end user certificate by you. Quantity of fly ash provided by NTPC Vindhyachal/Rihand (arrived through weighment slip of NTPC Vindhyachal/Rihand) in the trucks / bulkers at fly ash silos of NTPC shall be considered for providing incentive.
b.Weighment and payment of fly ash incentive will be restricted to the quantity weighed / certified by NTPC VSTPS and is limited to RTO approved capacity of vehicle. Incentive amount to be paid maximum upto RTO/Govt. approved capacity of vehicle or actual weighment whichever is lower. If loaded Fly Ash on vehicle found more than RTO/Govt. approved capacity of vehicle during transit, offtaker will be responsible for violation of any statuary compliance.
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f)Contract Performance Guarantee (CPG/Security Deposit ):
iContract Performance Guarantee (CPG) of Rs.______/- [Rupees ___ Only] @ 5% of the award value
iiCPG to be submitted in the form of Bank Guarantee shall be valid for 90 days in addition to period of contract.
iiiThe CPG shall be released within Ninety (90) days after successful completion of contract in all respects.
ivFor commencement of supplies, submission of CPG is a precondition.
4.0Compensation against shortfall, Termination of Contract & shortfall in supply:
a)Compensation against shortfall during regular
Compensation against Shortfall during
b)Termination of Contract:
Termination of Contract will be governed as per clause No. 58 of Special Conditions of Supply of bid document.
5.0Delivery point:
a.NTPC Vindhyachal/Rihand would deliver fly ash from the discharge chute of designated and available dry fly ash silos of its power generating units.
b.Fly ash shall be considered to have been delivered as it passes into the Bidder / offtaker ’s vehicle at the loading point.
6.0Pollution Control & Transportation of Fly Ash:
All possible measures would be taken by buyer to avoid pollution to the satisfaction of the plant officials. Similarly, while transporting, no spillage of Fly Ash would be permitted to avoid air pollution. If the process adopted by the buyer is found deficient, NTPC VSTPS retains the right to stop the supply forthwith.
7.0Safety:
The buyer would be responsible for the safety of its people for which the buyer should provide necessary safety gear to its workers.
The buyer shall be fully responsible for maintaining all the insurance covers as per law of land at its own cost.
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8.0Working Hours:
Delivery of fly ash is intended to be given on all days excluding national holidays or as per
9.0Quality and Quantity of Fly Ash:
NTPC Vindhyachal/Rihand would deliver Dry Fly Ash from designated delivery point on “as available basis”. Fly Ash shall be issued based on actual weighing. Weight so recorded shall be considered final. No dispute or complaint for quality or quantity will be entertained at a later stage.
10.0Authorized Person:
A proper authorization in the format prescribed by EIC must be presented to
11.0End Use Certificate:
a.Every successful bidder / offtaker has to submit a quarterly end user certificate of fly ash as per Annexure 11.
b.Offtaker shall submit the certificate of the end use of Fly Ash on yearly basis also and furnish any information required by NTPC Vindhyachal/Rihand related to ash lifting as and when required.
12.0Offtaker and its transporter would be entirely responsible towards MVI/RTO for overloading of Fly Ash. NTPC Vindhyachal/Rihand in any case will not be held responsible for the same.
13.0Jabalpur High Court shall have the exclusive jurisdiction in all matters pertaining to the Vindhyachal. If fly ash is lifted from both projects i.e,Vindhyachal & Rihand, through a single PO then also jurisdiction shall be Jabalpur High Court . If fly ash lifted from NTPC Rihand only then Allahabad high court will have jurisdiction.
14.0
Addl. General Manager, for NTPC Vindhyachal, Addl. General Manager for NTPC Rihand
will be the Engineer- In- Charge for the contract.
15.0This letter of award is issued to you in duplicate: you are requested to return a copy of the same duly signed as acknowledgement of the same within Fifteen (15) days of issuance of this letter.
16.0All other conditions of the contract will be as per the bidding documents
Signed by & on behalf of NTPC VSTPS
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Annexure – IX
(On official letter head of the Company)
Bidder Details
(For submission along with documents)
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8
8
Percentage use of fly ash in the Manufactured product at S.No.7
Fly Ash Usage
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1
2
3
4
5
6
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:
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Annexure – X
(On official letter head of the Company)
Page 1 of 1
(FORM OF ACCEPTANCE OF FRAUD PREVENTION & BANNING POLICY)
To,
NTPC Limited
Shared Services Centre, NR - Vindhyachal
PO: Vindhyanagar, Dist: Singrauli (M.P.)
Pin: 486 885
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.
We have read the policy of NTPC Limited regarding withholding and banning of business Dealings as displayed on its website http://www.ntpctender.com. We understand that the Business dealings may be withheld or banned with us on account of any default by us or any of the grounds detailed in the said Banning Policy. We accept Withholding & Banning of Business Dealing Policy.
ANNEXURE XI
Sub: Quarterly End User Certificate for the ash supplied from NTPC VINDHYACHAL under Fly Ash Incentive Scheme
Period from ________________ to _______________.
1.Details of fly ash received and products made during last 03 months
a.Total fly ash received in last 03 months (MT) from all sources
b.Name and quantity of product manufactured in last 03 months (MT)
c.Total Fly Ash utilized (MT)
d.Total Fly Ash in stock (MT)
2.Details of GST submitted for the product sold during last 03 months
We hereby declare that we are utilizing fly ash supplied to us by NTPC Vindhyachal for the purpose for
manufacturing of fly ash based product () only at our manufacturing plant at
_________________________________________ and that no fly ash lifted by us from NTPC Vindhyachal under
the incentive scheme has been diverted any where else.
Signature with date & seal
M/s________________________
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ANNEXURE XIII
E.F.T.Form
We, hereby authorize the Employer to make all our payments through Electronic Fund Transfer System. The details for facilitating the payments are given below:
(TO BE FILLED IN CAPITAL LETTERS)
1.NAME OF THE BENEFICIARY
2.ADDRESS
PIN CODE
3.TELEPHONE NO. (WITH STD CODE)
4.BANK PARTICULARS
A)BANK NAME
B)BANK TELEPHONE NO. (WITH STD CODE)
C)BRANCH ADDRESS
PIN CODE
D)BANK FAX NO (WITH STD CODE)
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E)BRANCH CODE
F)9 DIGIT MICR CODE OF THE BANK BRANCH (ENCLOSE COPY OF A CANCELLED CHEQUE)
G)11 DIGIT IFSC CODE OF THE BANK
H)BANK ACCOUNT NUMBER
BANK ACCOUNT TYPE (TICK ONE
IF OTHERS, SPECIFY
5.PERMANENT ACCOUNT NUMBER (PAN)
6.
I/We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or credit is not affected at all for reasons of incomplete or incorrect information, I/We would not hold the Company responsible
SIGNATURE
DATE
(AUTHORISED SIGNATORY)
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Name:
OFFICIAL STAMP
Encls: Cancelled cheque
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ANNEXURE XII
FORM OF
.
SHALL BE GIVEN AFTER AWARD
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ANNEXURE XIV
FORMAT OF INTEGRITY PACT-
INTEGRITY PACT
between
NTPC Ltd., a Govt. of India Enterprise (hereinafter referred to as "The Employer")
and
.............................. (hereinafter referred to as "The Bidder/Contractor ")
and
.............................. (hereinafter referred to as "JV Partner/ Consortium Members"
(if applicable))
Preamble
The Employer invites the bids from all eligible bidders and intends to enter into contract for “SALE OF FLY ASH UNDER INCENTIVE SCHEME”. ,with the successful bidder(s), as per organizational systems and procedures. The Employer values full compliance with all relevant laws and regulations, and the principles of economical use of resources, and of fairness and transparency in its relations with its Bidder(s) and/or Contractor(s).
In order to achieve these goals, the Employer wili appoint an independent External Monitor (IEM), who will monitor the bidding process and the execution of the contract for compliance with the principles mentioned above.
Section 1 Commitments of the Employer
1.The Employer Commits itself to take all measures necessary to prevent corruption and to observe the following principles in this regard:-
a)No employee of the Employer, either in person or through family members including relatives, will in connection with the bidding for or the execution of a contract, demand or accept a promise for or accept for him/herself or for a third person, any material or immaterial benefit to which he/she is not legally entitled to.
b)The Employer shall, during the bidding process treat all Bidders with equity and reason. The
Employer will, in particular, before and during the bidding process, provide to all Bidders the same information and will not provide to any Bidder confidential/additional information through which the Bidder(s)
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