E-Auction for incentive based fly ash disposal from NTPC Lara STPP
NTPC/ ASH-INCENTIVE / DOM /LARA/ 20-21/01
Auction Date & Time :
01.09.2020
from 12 PM onwards
Inspection Date: Any working day till the day before the auction
Important Dates: (tentative) :
Activity Tentative date
Notice Publish 20.08.2020
Document submission to NTPC till 03.09.2020
Declaration of qualified bidders till 14.09.2020
EMD submission till 14.09.2020
Buyer training till 14.09.2020
e-auction on 15.09.2020
Contact Information (NTPC) : NTPC Ltd
Station / Unit
Name
Designation
Mobile No.
email
SSC WR
-
II,
C&M
Sh
.
Imran
Naqvi
Manager
(C&M
)
7587391637
naqviimran
@ntpc.co.in
SSC WR
-
II,
C&M
Sh.
Dhananjay
Mohapatra
AGM (C&M)
9425530693
dhananjaymohapatra@ntpc.co.in
NTPC
Lara
Ash
Utilisation
Sh.
Jitendra
Mohanty
Sr Manager
(EMG/AU)
9434057601
jkmohanty01@ntpc.co.in
NTPC
Lara
Ash
Utilisation
Sh.
A.K.Singh
AGM
(
Operation
)
9650993747
aksingh02@ntpc.co.in
ALL CONTRACTS/TRANSACTIONS ENTERED INTO BY THE BUYER/BIDDER ARISING OUT OF
THIS E-AUCTION SHALL BE GOVERNED BY THE INTEGRITY PACT AVAILABLE ON WEBSITE,
www.mstcindia.co.in
IMPORTANT NOTE : THIS IS NOT A GLOBAL EMD AUCTION. PAY PRE BID EMD OPTION IS NOT TO BE
USED.
Procedure for payment of Pre Bid EMD using e-payment link available in bidder login by RTGS/NEFT
Mode:
STEP 1 ENTER BUYER USER ID & PASSWORD
STEP 2 CLICK ON "e-Payment" link
STEP 3 SELECT PAYMENT TYPE AS: "Pre-Bid EMD"
STEP 4 SELECT THE REGION/BRANCH OF MSTC AS: "RPR-Raipur Office"
STEP 5 Enter Auction Search Information: SELECT AUCTION NO.-------------
STEP 6
Select an Auction : "Select NTPC LARA SUPER THERMAL POWER PROJECT/PO-
PUSSORE auction ending with -----------"
STEP 7 SELECT LOT NO.
STEP 8 Amount : Enter Total Pre Bid EMD Amount
STEP 9
CLICK ON "RTGS/NEFT" link and FILL "SCRAP RTGS PAYMENT" CHALLAN WITH YOUR
DEBIT BANK A/C DETAILS and then CLICK ON "PRINT"
STEP 10
REMIT THE PRE BID EMD AMOUNT TO BENEFICIARY A/C DETAILS GENERATED BY
SYSTEM
STEP 11
Buyer has to send the scanned copy of SCRAP RTGS PAYMENT challan copy with UTR
details to MSTC Raipur office by email smohanty@mstcindia.co.in
Contact Person at MSTC: S.Mohanty , DM, email: smohanty@mstcindia.co.in,
Phone:7382025880
Intending bidders shall have to register themselves with M/s. MSTC Ltd. on their website
https://www.mstcecommerce.com as buyer and such registration process should be
completed well before the date of e-Auction.
Only those buyers:
a) who are registered with MSTC as per specified guidelines for registration, displayed
on MSTC website
https://www.mstcecommerce.com
.
b) have remitted the EMD as per the applicable terms,
c) have submitted bid documents / qualifying documents at NTPC as per Bid Document
well before the last day of submission of documents and found eligible as per terms
and conditions of the e –auction shall be eligible to participate in the bidding
2. Bidding Details:
Period of supply : 12
Issue of Bid Documents : Through E-auction only
Auction No
MSTC/RPR/ NTPC LARA SUPER THERMAL POWER PROJECT/1/
PO-PUSSORE /20-21/--------
Auction Opening Date & Time
01.09.2020
, 12:00 noon
Auction Closing Date & Time
01.09.2020
, 04:00 pm
Pre Bid EMD
: PreBid EMD required for participating in the e-auction will be
@ Rs.2/- per MT with minimum amount of Rs.1 Lac and
Maximum amount of Rs. 10 Lacs.
Last date of Submission of QR
Document.
03.09.2020
Last date of submission of Pre
Bid EMD
14.09.2020
3.0 Websites: - For referring to Invitation for Bids, Bid documents and downloading of the
same following websites may be referred to: -
www.mstcindia.com and www.mstcecommerce.com
Minimum quantity of fly ash that a bidder is allowed to be bid for is 12000MT
Tentative timelines
Activity Tentative date
Notice Publish 20.08.2020
Document submission to NTPC till 03.09.2020
Declaration of qualified bidders till 14.09.2020
EMD submission till 14.09.2020
Buyer training till 14.09.2020
e-auction on 15.09.2020
NTPC LIMITED
BID DOCUMENT
FOR PROVIDING INCENTIVE ON OFF TAKE OF FLY ASH FROM
NTPC LIMITED LARA SUPER THERMAL POWER PROJECT,
DIST: RAIGARH (CG)
SPECIFICATION NO.
NTPC/ ASH-INCENTIVE / DOM / LARA/ 20-21/01
Address:-SSC WR-II, NTPC Sipat.
P.O.-Sipat
Dist: - Bilaspur (C.G.)
Pin: - 495555
Table of Contents
INVITATION FOR BIDS Page No.
1. Introduction ................................................................................................... 08
2. Scope of Supply: .......................................................................................... 08
3. Bidding Detail ............................................................................................... 08
4. Eligibility for bid participation ..................................................................... 09
5. Qualifying Requirements for the End User/Industry..................................0
9
6. Undertaking for Utilisation of Fly Ash ........................................................ 10
7. Submission of Bids ......................................................................................
1
0
8. Contact Details…………………………………………………………...............10
9. Definitions ..………………………………………………..…..………………...11
INSTRUCTION TO BIDDER / OFFTAKER S
10. Introduction ................................................................................................... 13
11. The Bidding Documents .............................................................................. 13
12. Language of the Contract ............................................................................ 13
13. Understanding and Clarification of Bid Documents. ................................ 13
14. Validity of Bids .............................................................................................. 13
15. Bid Security ................................................................................................... 14
16. Procedure for registeration & payment of bid security ............................ 14
17.Late bids………………………………………………………........ 14
18. Bidding Requirement ................................................................................... 14
19. Check List .....................................................................................................
14
20. Deviation .......................................................................................................
14
21. Modification and Withdrawal of Bids . ........................................................
14
22. Notice .............................................................................................................
15
23. Bidding Schedule .........................................................................................
15
24.
Examination of Bids……………………………………………………….15
25. Methodology for Incentive ...........................................................................
15
26. Incentive Calculation & Bidding Methodology .......................................... 1
6
27. Evaluation criterion of Bids ......................................................................... 1
7
28. Award Criterion, Award Incentive Rate & Awarded Quantity ................... 1
9
29. Award for supply of Fly Ash ........................................................................ 19
30. Owner's right for quantity variation ............................................................ 20
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
35aDeclaration of Banning Policy…………………………………………………21
GENERAL CONDITIONS OF SUPPLY
36. Acquaintances of local conditions; .......................................................... ..2
2
37.Settlement of Disputes. …………………………………………..…………..22
38.Arbitration…… …………………………………………………………………....26
39.Force Majeure ………………………………………....……………………….…29
40. Insurance & Bidder / offtaker ’s Liability .................................................... 30
41. Suspension of the supply/Fly Ash Incentive ............................................. 3
1
42. Indemnity for defense of Suits .................................................................... 3
1
43. Recovery of Sums Due ................................................................................ 3
1
44. Safety Requirements .................................................................................... 31
45. Disorderly Conduct ...................................................................................... 31
46.Jurisdiction of Court…………………..................................................... ..... 31
47.No Breach of Contract...................................................... .....32
48.Observance of environmental parameters and indemnity to NTPC-Lara
................................................... ...................................................................32
SPECIAL CONDITIONS OF SUPPLY
49.Scope of Supply ................................................................................................
33
50. Working Hours…………………………………………………..………………. 33
51
.Delivery Point ....................................................................................................
33
52.Quality of fly ash ................................................................................................
33
53.Period & Commencement of Supply ………………………………………….33
54.Weighment for Invoicing……………………………….……………………….33
55. Payment Terms & Bank Charges..................................................................34
56. Compensation against shortfall....................................................................34
57. Shortfall in Supply by Owner…….. …………….........................………….….34
58Termination of contract………………………………………………………….3
5
59. Taxes, Duties and Levies………………………………………………………..35
60.Delivery & Responsibility During Transportation ……………………..…...35
61.Diversion of allocated quantity of fly ash & upward quantity flexibility ..36
ANNEXURES
Annexure - I SCHEDULE FOR QUALIFYING REQUIREMENT..............................................37
Annexure - II STATEMENT OF DEVIATIONS/EXCLUSIONS…………………………... ….40
Annexure - III CHECKLIST FOR SUBMISSION ALONG WITH DOCUMENTS …...........41
Annexure - IV UNDERTAKING FOR USAGE OF FLY ASH ……………… …………… ….. ….42
Annexure - V PROFORMA OF BANK GUARANTEE FOR CPG ………………… ……….........
43
Annexure – VI PROFORMA FOR EXTENSION OF BANK GUARANTEE….. ……… …………. 48
Annexure - VII LIST OF BANKS ………………………………………………………………………. .49
Annexure - VIII MODEL AWARD LETTER FOR SUPPLY OF FLY ASH FROM xxxxxxxxx…. .. 54
Annexure - IX BIDDER / OFFTAKER DETAILS ……………………………………………..……59
Annexure - X FORM OF ACCEPTANCE OF FRAUD PREVENTION POLICY …..……. ..… 61
Annexure - XI END USER CERTIFICATE……………………………………………………..…… .62
Annexure- XII Format of Indemnity Bond …………………………………………………………….65
Annexure- XIII EFT Form…… ………………………………………………………………………….63
Annexure- XIV Format of Integrity Pact ………………………………………………………….66
NTPC LTD
INVITATION OF BIDS FOR PROVIDING INCENTIVE FOR OFFTAKE OF FLY ASH
Tender No: NTPC/ ASH-INCENTIVE / DOM /
LARA/ 20-21/01
1.0 Introduction
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 Lara Super Thermal Power Project. To facilitate this, NTPC Ltd. wishes to provide incentive
to the eligible Cement manufacturers 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 Off takers for offtake of fly ash under fly ash incentive mechanism (as mentioned below)
from available dry fly ash silos of NTPC LARA SUPER THERMAL POWER PROJECT.
2.0 Scope 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 Lara Super Thermal Power Project’ as detailed in
the bid document, in the Off taker’s bulkers/covered trucks only.
b) The tentative quantity available for supply under incentive mechanism is brought out as under:
Power Stations / Location Installed
Capacity
Fly Ash Quantity
available under
incentive scheme
for 01 year
Fly Ash
quality to be
supplied
Period of
Supply
NTPC
LARA
SUPER THERMAL POWER
STATION, Vill: CHHAPORA
PO: PUSSORE,
DIST: RAIGARH (CG),
PIN – 496 440.
8
00
MW
7.5
Lacs
MT
on
“as
available”
basis
01 Year
3.0 Bidding 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.mstcindia.co.in:
Bid Document No.
NTPC/ASH-SUPPLY (INCENTIVE)/DOM/20-21/01
E Tender no. NTPC/ ASH-INCENTIVE / DOM /20-21/01
Period of supply 01 Year(s)
Submission of Bids from 04.08.2020 to 18.08.2020 time 5.30 Pm
Bid Security
EMD @ Rs.
2/- per MT with minimum amount of Rs.1 Lac and
Maximum amount
of Rs. 10 Lacs.
Each bidder has to submit
Requisite EMD prior to online
bidding.
Minimum fly ash offtake
quantity under the incentive
scheme.
1
2
000 MT.
Address for Submission of QR
Documents
To be submitted to
AGM(C&M)/ Manager (C&M), NTPC Limited, SSC WR-II
Sipat, NTPC Sipat, Distt Bilaspur (C.G)-495555.
1. Imran Naqvi , Manager (C&M), 07752-277157,
7587391637, E Mail: naqviimran@ntpc.co.in
2.
Sh D. Mohapatra, AGM(C&M),07752- 277169,
9425530693,Email: dhananjaymohapatra@ntpc.co.in
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.
4.0 Eligibility for bid participation
All Off takers who
(i) are registered with MSTC as per specified guidelines for registration.
(ii) have remitted the EMD as per the applicable terms,
(iii) have uploaded digitally signed Integrity Pact
available at MSTC Site.
(iv)
have submitted bid documents / qualifying documents at NTPC as per Bid
Document well before the last day of submission of documents and found eligible
as per terms and conditions of the e –auction shall be eligible to participate in
the bidding
.
5.0 Qualifying Requirements for End Users/Industry (Refer Annexure 1A)
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 Cement Concrete)/CC (Cement Concrete)/ Geo-
Polymer Concrete)
c) The average annual turnover of the bidder for the last three financial years should be:
i. For fly ash offtake quantity of 12,000 MT per Annum: Rs. 40 lacs.
ii. For fly ash offtake quantity more than 12,000 MT and upto 50,000 MT per
Annum: Rs. 168 lacs
iii. For fly ash offtake quantity more than 50,000 MT and upto 2,00,000 MT per
Annum: Rs. 670 lacs
iv. For fly ash offtake quantity more than 2,00,000 MT per Annum: Rs. 1005 lacs
Note:
1. 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.
2. 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.
3. *Industries doing Classification, Grinding, Adding Additives, or any other value addition are considered as
Industry.
4. 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 previous financial year.
6.0 Undertaking for Utilisation of Ash:
Bidders shall submit an undertaking that they are
End User / Industry (They are directly
engaged in manufacturing of products using fly ash like Cement, RMC (Ready Mix Cement
Concrete)/CC (Cement Concrete)/ Geo-Polymer Concrete)
(Annexure- XI).
7.0 Submission of Bids
Technical Bids are to be submitted by the Off taker at SSC WR-II Sipat, offline at the
below address:
Address:
To,
AGM(C&M)/ Manager (C&M),
NTPC Limited, SSC WR-II Sipat,
NTPC Sipat, Distt Bilaspur (C.G)-495555.
1. Imran Naqvi , Manager (C&M), 07752-277157, 7587391637, E Mail:
naqviimran@ntpc.co.in
2.
Sh D. Mohapatra, AGM(C&M),07752- 277169, 9425530693,Email:
dhananjaymohapatra@ntpc.co.in
8.0 Contact Details
Station / Unit
Name
Designation
Mobile No.
email
SSC WR
-
II,
C&M
Sh.
Imran
Naqvi
Manager (C&M
)
7587391637
naqviimran
@ntpc.co.in
SSC WR
-
II,
C&M
Sh. Dhananjay
a
Mohapatra
AGM (C&M)
9425530693
dhananjaymohapatra@ntpc.co.in
NTPC Lara Ash
Utilisation
Sh. Jitendra
Mohanty
Sr Manager
(EMG/AU)
9434057601
jkmohanty01@ntpc.co.in
NTPC Lara Ash
Utilisation
Sh.A.K.Singh
AGM(Operation
)
9650993747
aksingh02@ntpc.co.in
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 Lara) 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.
9.10 Awarded 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 re-enactment thereof.
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.
9.15 Dispute/Dispute Notice Refer clause 35 of bid documents.
9.16 “Engineer in charge” means Head of Ash Utilization Deptt. of NTPC Lara who will be in-charge of the
execution of the contract.
9.17 “First Off take” means the date of first off take of fly ash, by the Off taker 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., Lara 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 Off
takers 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 Off taker, referred to him or her
by either of the parties pursuant to GCC Sub-Clause 35 b) (Adjudicator) hereof.
INSTRUCTIONS TO BIDDER / OFFTAKER
10.0 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
11.0 Language of the Contract
All bids shall be submitted in English Language. Award letter shall also be issued in English
language.
13.0 Understanding and Clarification of Bid Documents
a. The Bidder is expected to carefully examine the Bid documents and fully satisfy himself
as to all the conditions and matters, which may in any way affect the work or the cost
thereof. If any Bidder finds discrepancies or omissions in the Bid documents or is in doubt
as to the true intent or meaning of any part thereof, he shall at once request in writing to
MSTC for an interpretation/clarification of the Bid documents. However, such request must
reach the MSTC seven days before start of bid opening otherwise, the request for
clarification shall not be entertained. After receipt of such interpretation or clarifications,
the Bidder shall submit his Bid but within the time and date as specified in the invitation to
Bid. All such interpretation and clarification shall form a part of the Bid documents.
b. Verbal clarifications and information given by MSTC or its employees or representatives
shall not be in any way binding on the Owner (NTPC Ltd.).
14.0 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 MSTC 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
.
15.0 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 30 days after the expiration of the bid validity period. Such Time will be calculated
from the submission of online refund requests by the customer through their respective logins
to the e-auction portal.
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.
16.0 Procedure for registration & payment of bid security
Only the bidders registered with
MSTC
can submit EMD/Bid security as per procedure
outlined in bid document.
17.0 Late 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.
18.0 Bidding 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.
19.0 Check List
a. The bidders are requested to duly fill in the check list enclosed at Annexure III.
b. The checklist gives only certain important items, to facilitate the bidder to make sure
that necessary data / information is provided by him in this proposal. This however, does
not relieve the bidder of his responsibility to make sure that his proposal is otherwise
complete in all respects.
20.0 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 and may result in forfeiture of bid security.
Bidder has to submit the signed copy of No Deviation Certificate as per Annexure – II.
21.0 Modification 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.
22.0 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 or in mail to an authorized
representative of MSTC
23.0 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.
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.
24.0
Examination of Bids and Owner’s Right to accept any Bid or to reject any or all
Bids and
EVALUATION AND COMPARISON OF BIDS
24.1 BID EVALUATION
24.1.1 The Employer will initially determine whether each bid is of acceptable quality, is generally
complete and is substantially responsive to the Bidding Documents. For purposes of this determination,
a substantially responsive bid is one that conforms to all the terms, conditions and specifications of the
Bidding Documents without material deviations, objections, conditionalities or reservations. A material
deviation, objection, conditionality or reservation is one (i) that affects in any substantial way the scope,
quality or performance of the contract; or (ii) that limits in any substantial way, inconsistent with the Bidding
Documents, the Employer’s rights or the Bidder’s obligations under the contract; or (iii) whose rectification
would unfairly affect the competitive position of other Bidders who are presenting substantially responsive
bids.
24.1.2 The Employer's determination of a bid's responsiveness is to be based on the contents of the
bid itself without recourse to extrinsic evidence. If a bid is not substantially responsive, it will be rejected
by the Employer, and may not subsequently be made responsive by the Bidder by correction of the
nonconformity.
25.0 Methodology for Incentive
a. Fly ash utilization incentive to be provided by the Owner to successful Bidder / off taker(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.
26.0 Incentive 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 off-take at different rates within the
specified range. Such quotes/bids will begin at the lowest incentive at which the bidder agrees
to lift specified quantity of fly ash. In the next step, the next additional quantum at the desired
incentive may be given and the process can be continued
.
Incentive
Rate (Rs/T)
BIDDER A
(LMT)
BIDDER B
(LMT)
BIDDER C
(LMT)
Quantity
Quantity
Quantity
10 0.3 0.1
20 0.1
30 0.5 0.1
50 0.2 0.1
80 0.5 0.1
100 0.5
150 1.5 2.5
Total bid
quantity
3.0 3.0 0.5
a. There is an upper limit of incentive rate bidding process. System will not accept the bids
placed above this limit.
b. 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.
27.0 Evaluation criterion of bids
27.1 Based 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 7.5 lac MT.
Following table explains the calculation assuming an Upper Limit of 350 and a Ceiling of Rs. 330
:
Case 1 - Total valid bid Quantity less than or equal to 7.5 LMT
Incentive
Rate (Rs/T)
BIDDER A
BIDDER B
(LMT)
BIDDER C
BIDDER D
(LMT)
Total bid
qty at the
specified
rate (LMT)
Qty considered
for calculating
discover price
(LMT) (LMT)
Quantity
Quantity
Quantity
Quantity
Quantity
Quantity
80
0.5
0.5
0.5
100
1.0
0.5
0.5
2.0
2.0
200
0.5
1.0
1.5
1.5
330 1.5 1.5 1.5
35
0
0.5
1
1
.5
0.0
400
450
Total bid
quantity
3.0 1.0 1.0 2.0 7.0 5.5
Total bid quantity (all bids) – 7.0 LMT
Total quantity used for incentive rate calculation – 5.5 LMT
Weighted Average Incentive Rate = 189.55
[(0.5X80)+(2.0X100)+(1.5X200)+(1.5X330)]/5.5
Discovered Incentive Rate = 180
CEILING LIMIT= 335
BIDDING
NOT
ALLOWED
DISCOVERED INCENTIVE RATE = 180
UPPER LIMIT= 350
27.3 If the valid bid quantity in 27.1 is more than 7.5 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 7.5 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.350 and a Ceiling Limit
of Rs. 330
:
Case 2 - Total valid bid Quantity more than 7.5 LMT
Incentive
Rate (Rs/T)
BIDDER A
BIDDER B
(LMT)
BIDDER C
BIDDER D
(LMT)
Total bid
qty at the
specified
rate (LMT)
Qty considered
for calculating
discover price
(LMT) (LMT)
Quantity
Quantity
Quantity
Quantity
Quantity
Quantity
100
0.5
0.5
1.0
1.0
150
0.5
0.5
0.5
200
0.5
0.5
0.5
250
1.0
0.5
0.5
2.0
2.0
280
1.0
1.0
1.0
300
0.5
0
.5
1
.0
1
.0
330 1.0 1.0 1.0 3.0 1.5
350
0.5
2
2
.5
0.0
400
450
Total bid
quantity
3.5 2.0 3.0 3.0 11.5 7.5
Total bid quantity (all bids) – 11.5 LMT
Total quantity used for incentive rate calculation – 7.5 LMT
Weighted Average Incentive Rate = 247.67
[(1.0X100)+(0.5X150)+(0.5X200)+(2.0X250)+(1.0X280)+(1X300)+(1.5X335)]/7.5
Discovered Incentive Rate = 240
DISCOVERED INCENTIVE RATE = 240
CEILING LIMIT= 335
BIDDING
NOT
ALLOWED
UPPER LIMIT= 350
28.0 Award 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 7.5 LMT, then
their allocation will be on pro-rata basis in comparison with their bid quantities.
b. After the completion of step (a) above, if the allocated quantity is less than 7.5 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 7.5 LMT, then their
balance allocation will be on pro-rata basis in comparison with their balance bid quantities.
c. If the allocated quantity at point (b) above is still below 7.5 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 7.5 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 7.5 LMT, then their balance allocation will be on pro-rata basis in
comparison with their balance valid bid quantities.
d. If the allocated quantity at point (c) above is still below 7.5 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 7.5 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 7.5 LMT, then their balance allocation will be on pro-
rata basis in comparison with their balance valid bid quantities.
e. Any bidder of step (a) above who refuses to lift his allocated quantity will be debarred from
lifting fly ash from NTPC Lara 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
29.0 Award 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.
30.0 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 there to.
31.0 Confidentiality
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.
32.0 Contract 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 Lara 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 break-up for the
entire agreement period for both the stations individually. In case the quantity lifted by a
successful bidder is less than 50 % for any station, on cumulative basis at the end of any
particular month, of the submitted plan by the bidder, AGM (AU), Lara may recommend
for forfeiture of CPG after reviewing the reasons for non-lifting. This clause will be
applicable after completion of first quarter since date of start i.e. from the fourth month
from the date of start. Decision of EIC i.e. AGM (AU), NTPC Lara will be final in this case.
However, in case of limited availability of ash in a particular month, the actual allocated
quantity will be decided by AGM (AU), NTPC Lara.
f. This CPG will also be used as a Bank Guarantee that will be en cashed in case the Off
taker diverts fly ash issued to it to some other parties.
33.0 SECURITY 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.
34.0 Fly Ash lifting plan over the allocation period
The successful bidders will submit their fly ash lifting plan with monthly break-up for the
entire agreement period. However, in case of limited availability of ash in a particular
month, the actual allocated quantity will be decided by AGM (AU), NTPC Lara.
35.0 ADHERENCE TO FRAUD PREVENTION POLICY
[ As per prevailing NTPC Instruction to Bidders (ITB)]
The Bidders/Offtakers along with their associate / collaborators / sub agencies/ 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
36.0 Acquaintances 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
37.1 Mutual 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.
37.2 Resolution 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
involvingdisputed amount up to Rs 250 crores, which is to be arrived at considering
the claim and counter claim of the parties to the dispute.
37.2.1 Invitation for Conciliation:
37.2.1.1 A 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.
37.2.1.3 If 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.
37.2.2 Conciliation:
37.2.2.1 Where 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.
37.2.2.2 ESC 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.
37.2.2.3 The 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.
37.2.3 Proceedings before ESC:
37.2.3.1 The 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.
37.2.3.2 The parties shall file their claim and counterclaim in the following format
a. Chronology of the dispute
b. Brief 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.
37.2.3.3 In 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 reco mmendations will be signed by all the members.
37.2.3.4 The 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. Ex-officers of NTPC
who have handled the subject matter in any capacity shall not be allowed to attend and present the
case before ESC on behalf of contractor. However, ex-employees of parties may represent their
respective organizations. Parties shall not claim any interest on claims/counter- claims from the date
of notice invoking Conciliation till execution of settlement agreement, if so arrived. In case, parties
are unable to reach a settlement, no interest shall be claimed by either party for the period from
the date of notice invoking Conciliation till the date of ESC recommendations and 30 days thereafter
in any further proceeding.
37.2.3.5 ESC 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.
37.2.3.6 Depending 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.
37.2.4 Fees & 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
1
Fees
As paid to NTPC Independent Directors [Presently Rs.
20,000 per meeting]. In addition each conciliator to be
paid Rs.
10,000 for attending meeting to authenticate
the settlement agreement
- max. of Rs. 2,10,000 per case per Conciliator.
2
Secretarial expenses Rs. 10,000
only).
lump sum (to
1
member
3
Transportation in the city of the
meeting
Car as per entitlement or Rs. 2,000 per day
4
Venue for meeting NTPC conference rooms
Facilities to be provided to the out-stationed member
5
Travel from the city of residence to
the city of meeting
As per entitlement of
Independent Directors.
Executive class air tickets / first class AC
train
tickets/ Luxury car/ reimb ursement of
actual
fare. However, entitlement of air travel
by
Business class shall be subject to
austerity
measures, if any, ordered by Govt of India.
6
Transport to and fro
airport/
railway station in the city
of
residence
Car as per entitlement or Rs. 3,000
7
Stay for out stationed
members
As per entitlement of Independent
Directors.
8
Transport in the city of
meeting
Car as per entitlement or Rs. 2000 per day
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.
37.2.5 If 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.
37.2.6 The 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
38.1.1
If the process of mutual consultation and/or ESC fails to arrive at a settlement between the parties
as mentioned at GCC Sub-Clauses 8.1 & 8.2 above, Employer or the Contractor may, within
Thirty ( 30) days of such failure, give notice to the
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 Heads/Sub-heads of the Claims/Counter- Claims and the
documents relied upon by the parties for their respective claims and counter-claims. The parties
shall not file any documents/details of the claims and counter-claims thereafter.
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.
38.1.2 Any 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.
38.1.3 Any 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 follo wing 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:
Amount of Claims and Counter Claims (
excluding interest)
Lump sum fees ( including fees for study
of
pleadings, case material, writing of
the
award, secretarial charges etc.) to be
shared
equally by the parties.
Upto Rs 50 lakhs Rs. 10,000 per meeting ceiling of
Rs. 1,00,000/-.
subject to
a
Above Rs 50 lakhs to Rs 1 crore Rs. 1,35,000/- plus Rs. 1,800/- per lakh or a
part there of subject to a ceiling of
Amount of Claims and Counter Claims (
excluding interest)
Lump sum fees ( including fees for study
of
pleadings, case material, writing of
the
award, secretarial charges etc.) to be
shared
equally by the parties.
Rs. 2,25,000/-.
Above Rs. 1 crore and upto Rs. 5 Crores Rs. 2,25,000/- plus Rs. 33,750 per crore or a
part
there of subject to a ceiling of Rs. 3,60,000/-.
Above Rs. 5 crores and upto Rs. 10
crores.
Rs. 3,60,000/- plus Rs. 22,500/- per crore or
a
part there of subject to a ceiling of
Rs.
4,72,500/-.
Above Rs. 10 crores Rs. 4,72,500 plus Rs. 18,000/-
per crore or part thereof
subject to a ceiling of Rs. 10,00,000/-.
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.
f)
Each party shall pay its share of arbitrator’s fees in stages as under:
(i) 40 % of the 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.
38.1.4 In 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.
38.2 Notwithstanding 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.
39.2 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.
39.3 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 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.
39.4 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.
39.5 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.
39.6 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.
39.7 Notwithstanding 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 sub-agencies’ 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 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 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 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
Bilaspur High Court shall have the exclusive jurisdiction in all matters pertaining to the NTPC
Lara.
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 - Lara 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 – Lara and its transportation to ash
based product manufacturing unit of bidder / offtaker. Bidder / offtaker shall keep NTPC Lara
indemnified against any liability that may arise on these account. In the event of any liability
arises to NTPC Lara 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 – Lara 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 -friendly manner.
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.
b. 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 NTPC/Lara, Force Majeure conditions and unplanned outage
of units of NTPC Ltd.
c. 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.
d. Quantity: -
Total 7,50,000 MT / Annum
e. 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
Engineer-in-Charge.
51. Delivery Point
a. NTPC Ltd. would deliver fly ash from the available and designated discharge chute of its fly ash
silos of NTPC Lara.
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 Lara. Weighment slip and gate pass will be issued by NTPC Lara to
the bulkers/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 Lara on submission of an End-User certificate. Till the time weigh bridge is installed
near Silo, Maximum approved capacity of the vehicle shall be considered for the ash loaded
vehicle in absence of the weighment slips. Invoice for claiming incentive payments shall be raised
by the fly ash offtakers on monthly basis for monthly payment of the incentive.
b. Incentive rate shall be inclusive of GST.
c. All bank charges shall be borne by the off taker.
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 NTPC Lara for the entire
agreement period. However, in case of limited availability of ash in a particular month , then the
monthly allocation quantity shall be reduced by the EIC proportionately. However, the annual
allocation quantity shall remain unchanged subject to availability of fly ash in the remaining
period.
b. The successful bidders will submit their fly ash lifting plan with monthly break-up for the entire
agreement period. In case the quantity lifted by a successful bidder is less than 50 %, on
cumulative basis at the end of any particular month, of the submitted plan by the bidder, AGM
(AU), Lara may recommend for forfeiture of CPG after reviewing the reasons for non-lifting. This
clause will be applicable after completion of first quarter since date of start i.e. from the fourth
month from the date of start. Decision of EIC i.e. AGM (AU), NTPC Lara will be final in this case.
However, in case of limited availability of ash in a particular month, the actual allocated quantity
will be decided by AGM (AU), NTPC Lara.
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 Off-
taker 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
58.1.1 In case the quantity of fly ash lifted by the off-taker 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 Off-taker shall not be entitled to any compensation from the Owner.
58.1.2 The Owner also reserves the right to terminate the contract in the event of breach of contract by
the Off-taker giving 15 days notice in writing of their intentions to do so and in such an event the
Off-taker shall not be entitled to any compensation from the Owner.
58.2.1 In the event of termination of contract for breach of contract as defined in 58.2.2, CPG shall be
forfeited.
58.2.2 Following will constitute breach of contract:
a. Delay in first off-take by Off-taker from committed date by more than three months.
b. Off-taker is not complying with operational and safety requirements and neglecting
instructions of Engineer-In-Charge.
c. Off-taker has failed to discharge his obligations according to the terms & conditions of contract.
d. Diversion of fly ash quantity taken from the owner for the purpose other than manufacturing of
cement.
58.3 Contract 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 Off-taker.
59 Taxes, Duties, Levies etc.
a. The Bidder/Off-taker 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/Off-taker extra at actual.
b. All fly ash will be supplied on Ex Silo / Ex Works basis. Regarding exports of fly ash by the Off-
taker, it is the responsibility of the Off-taker to fulfil their export obligations as may be required,
and any shortfall in this regard shall be to the account of the Off-taker only. The Off taker
indemnifies the Owner against all such liabilities and losses on failure to fulfil the export
obligations, if any.
60 Delivery & Transportation Responsibilities
a. The subject incentive scheme is for road transportation of fly ash only.
b. The responsibility for transportation will be that of Off taker.
c. Off taker should depute his authorized representative to the power station for co-ordination
and taking delivery of fly ash.
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 Off-taker 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 Off-taker shall
indemnify the Owner from all such action or claim from damages/compensation. If the Owner
is held liable for any compensation, Off-taker shall forthwith compensate the Owner if any,
such claim arose after expiry of the contract period.
g. The Off-taker’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 C.G. as per the format attached
as Annexure - XII
61 Diversion of allocated quantity of fly ash & upward quantity flexibility.
a. Fly ash lifted by the bidders / off-takers under the fly ash incentive scheme shall not be diverted
to any other agency or for any other purpose except for manufacturing of Cement. 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 end-use certificate as per Annexure 11 is to
be submitted in this regard for release of incentive payment. The decision of NTPC Lara will
be final in this regard.
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
Cement, RMC (Ready Mix Cement Concrete)/CC
(Cement Concrete)/ Geo-Polymer Concrete)
directly. In support of our above claim we are
enclosing the following documents.
a. Registration certificate issued by Central / State Govt. depicting Cement being
manufactured by the bidder.
OR
Any other certificate issued by Central / State Govt. depicting Cement 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.
Sl.
No.
Financial Year
Turnover Amount
(Rs.) in figures
Turnover Amount
(Rs.) in words
Balance Sheet
enclosed (Yes /
No)
1
2017-18
2
2018-19
3
2019-20
4
Audited financial results of preceding 3 financial years or Balance
Sheet and Profit & Loss account
statement of preceding 3 financial
years duly certified by a Chartered Accountant(if required as per
Clause No. 5c for Company, etc.).
Enclosed (Yes /
No)
5
Solvency Certificate from Bankers, issued not earlier than fifteen
(15) days prior to the
scheduled date of bid opening of the Package,
if asked for in the NIT/Tender Enquiry.
Enclosed (Yes /
No)
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 preceding 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
Sl.
No.
Documents Enclosed (Yes / No)
1
The full name of an individual proprietor, his/her
parentage, documentary proof of his/her age, permanent
Address and present postal address/ contact details.
2
A deed of declaration by the Proprietor, that no other
individual or company has any share in the concern
3
Proprietorship deed.
(b)
In case of Partnership firm
Sl.
No.
Documents Enclosed (Yes / No)
1
The authenticated photocopy of Partnership Deed, with up
to date amendments (if any).
2
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.
(c)
In case of Companies
Sl.
No.
Documents Enclosed (Yes / No)
1
The up to date amended and Certified True Copy of the
Memorandum & Article of Association of the Company
2
Certificate of Incorporation of the Company
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
B idder’s Offer Ref No. Date
To,
Addl. General Manager (C&M)
NTPC LIMITED xxxx
xxxxxx
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
Annexure - III
CHECK LIST FOR SUBMISSION ALONG WITH DOCUMENTS
Name of Bidder: Address:
Sl
No
Description of Check points
YES / NO/NOT
APPLICABLE
Remarks
1
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.
2. Undertaking for usage of Fly Ash –
Annexure IV
2
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.
3
Whether submitted Integrity
pact
document as per requirement of the
bid document
Integrity Pact dully filled and signed as per
Annex XIV to be submitted
along with Bid
Security
4
Whether the bidder has registered
and completed the formalities for
registration with MSTC
Please write the registration number
5
Whether bidder has submitted the
“NIL” Statement of deviations at
Annex II
No deviation statement as per Annex II to
be submitted
6
Whether the Bidder Details at
Annexure – IX
have been filled and
submitted
7
Whether the form of acceptance of
fraud prevention policy at
Annexure
– X has been filled and submitted
Date:
(Name & Signature of Bidder)
40
Annexure - IV
To Date :
Addl. General Manager (C &M)
NTPC LIMITED LARA
P.O. – VIKAS BHAWAN, JAMNIPALI
DISTT – KORBA (CG)- 495450.
Subject: Undertaking for Usage of Fly Ash in Cement
manufacturing
Dear Sir,
This is to certify that we M/S ----------------------------------------------------------the bidder for the NTPC Lara
Super Thermal Power Project Fly Ash against Bid Specification No
___________________________________ or E-tender no. _____________________ that the Fly Ash,
if allocated to us, shall be used in Cement
manufacturing
Thanking you,
(Signature of authorized person)
(Name & Designation)
(Seal/ Stamp of Company)
UNDERTAKING
(On Official Letter head of the Buyer)
41
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)
Ref.
Bank guarantee No.
To
Date:
NTPC Limited
Lara Super Thermal Power Station,
P.O. – Vikas Bhawan, Jamnipali,
Distt. – xxxxx (CG)
Pin : 495 450.
Dear Sirs,
In consideration of the NTPC LIMITED, LARA SUPER THERMAL POWER PROJECT (hereinafter referred
to as the “Owner” or “Supplier”, which expression shall unless repugnant to the context or meaning
thereof includes its executers, administrators, successors and assigns) having accepted offer of
incentivised fly ash lifting by M/s.............. with its Registered/Head office at ....................
(hereinafter referred to as “Bidder / offtaker ”, 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/Acceptance No...........dated......and the same having been unequivocally
accepted by the Bidder / offtaker resulting in a “CONTRACT” bearing No.........for supply of fly ash
under fly ash utilization incentive scheme and the Bidder / offtaker 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 Supplier.
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 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.
42
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-Lara 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-Lara 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
..................... 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 ............................. (Bidder
/ offtaker) on whose behalf this guarantee has been given.
Dated this ........................................................ day
Of .......................... 2020......................... at.....................
Witness (Signature) .................................
..................................
(Signature)
43
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 :
1.
(*) The Date will be Three Months beyond the expiry of the Contract period as specified in the
order.
44
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
non-judicial Stamp paper of appropriate value as per Stamp act prevailing in the State of CG.
To be stamped in accordance with Stamp Act
45
Annexure-V(A)
BANK GUARANTEE VERIFICATION CHECK LIST
1. Bank Guarantee No. & Date : ………………………………………
2. Name of Issuing Bank : ………………………………………
3. Amount of BG : ………………………………………
4. Nature of BG & No. of Pages : ………………………………………
5. Validity of BG : ………………………………………
6. Vendor Reference : ………………………………………
Name ……………………………………………………………….
Address………………………………………………………………..
Telephone ……………………………………………………………….
Fax ……………………………………………………………….
Email ………………………………………………………………..
7. Bank Reference
Name ……………………………………………………………….
Address………………………………………………………………..
Telephone ……………………………………………………………….
Fax ……………………………………………………………….
Email ……………………………………………………………..
NOTE: BG confirmation from issuing Bank is required which can be confirmed by the issuing
Bank to the owner's Bank "SBI Lara" IFSC SBIN0006168 or on the body of confirmation letter
issued by owner's
office.
46
Sl. No
.
Details of Checks
Yes/No
1.
Is the BG on Non-judicial stamp paper of appropriate value, as per Stamp Act?
2.
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).
3.
In case of BGs from Banks abroad, has the BG been executed on Letter Head
of the Bank.
4. Has the executing officer of BG indicated his name, designation and Power of
Attorney No. / Signing Power No., on the BG?
5.
Is each page of BG duly signed / initialed by executants and whether stamp of
Bank is affixed thereon?
6.
Whether
the last page is signed with full particulars including two witness under
seal of Bank as required in the prescribed Performa?
7.
Does the Bank Guarantee compare verbatim with the Performa prescribed in
the Bidding Documents?
8.
Are the factual details
such as Bidding Documents No. / Specification No.,
Amount of BG, validity of BG correctly mentioned in the BG?
9.
Whether overwriting / cutting, if any on the BG have been properly authenticated
under signature & seal of executants?
10.
Whether BG has been issued by a Bank in line with the provisions of Bidding
Documents?
11.
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…………………..
Designation …………………………….
Name …………………………………..
Seal …………………………………….
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)
Ref. No.
Date….
To
NTPC Limited
Lara Super Thermal Power Station,
P.O. – Vikas Bhawan, Jamnipali,
Distt. – xxx (CG)
Pin : 495 450.
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
14.
Syndicate Bank
49
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
14.
ING Vysya Bank Ltd
50
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
12.
Societe Generale
51
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 Tokyo-Mitsubishi UFJ Limited.
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.
32.
JSC VTB Bank
52
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
53
Annexure VIII
MODEL AWARD LETTER FOR PROVIDING FLY ASH INCENTIVE FOR OFFTAKE OF FLY ASH FROM
NTPC-LARA
Ref.No. Dated:
Letter of Award
To,
___________________________
___________________________
Sub: - Award letter for “Providing incentive on offtake of fly ash” from
NTPC-Lara.
Dear Sir,
This has reference to the following:
1.0 a) Invitation for Bid Specification No.
b) Bid document Ref. No. containing -
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 _________
2.0 We 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.
54
3.0 Terms and Conditions of Supply:
The contract shall be performed by you strictly in accordance with the terms & conditions contained
in General Conditions of 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 Lara
.
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:
Commencement date of issue of fly ash is from for the quantity mentioned above.
c) Incentive:
The incentive for Fly Ash lifting by you will be as under:
--------------------------------------------
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 by
NTPC Lara
on monthly basis on production of
weighment slip & gate pass copies issued by
NTPC Lara
along with an end user certificate
by you. Quantity of fly ash provided by
NTPC Lara
(arrived through weighment slip of
NTPC
Lara)
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-Lara and is limited to RTO approved capacity of vehicle.
Incentive amount to be
paid maximum up to RTO/Govt. approved capacity of vehicle or actual weighment
whichever is lower. If loaded Fly Ash on vehicle found more than RTO/Govt. approved
55
capacity of vehicle during transit, offtaker will be responsible for violation of any
statuary compliance.
f) Contract Performance Guarantee (CPG/Security Deposit ):
i Contract Performance Guarantee (CPG) of Rs.______/- [Rupees ___ Only] @ 5% of the award
value [Rs.___/-] for 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 LARA
(C.G.).
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.
4.0 Compensation against shortfall, Termination of Contract & shortfall in supply:
a) Compensation against shortfall during regular off-take:
Compensation against Shortfall during off-take will be governed as per clause No. 57 of Special
Conditions of Supply of the bid document.
b) Termination of Contract:
Termination of Contract will be governed as per clause No. 58 of Special Conditions of Supply of
bid document.
5.0 Delivery point:
a.
NTPC Lara
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.
6.0 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-Lara retains the right to
stop the supply forthwith.
7.0 Safety:
The buyer would be responsible for the safety of its people for which the buyer should provide
necessary safety gear to its workers.
56
The buyer shall be fully responsible for maintaining all the insurance covers as per law of land at
its own cost.
8.0 Working Hours:
Delivery of fly ash is intended to be given on all days excluding national holidays or as per Engineer-
in-Charge.
9.0 Quality and Quantity of Fly Ash:
NTPC Lara
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.
10.0 Authorized Person:
A proper authorization in the format prescribed by EIC must be presented to Engineer-in- Charge,
if the Offtaker wants to depute an agent/transporter on its behalf.
11.0 End 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 Lara
related to ash lifting as and when required.
12.0 Offtaker and its transporter would be entirely responsible towards MVI/RTO for overloading of
Fly Ash.
NTPC Lara
in any case will not be held responsible for the same.
13.0 Raigarh High Court shall have the exclusive jurisdiction in all matters.
14.0 Engineer-In-Charge:
Addl. General Manager,Ash Utilisation for NTPC Lara, will be the Engineer- In- Charge for the
contract.
15.0 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.
16.0 All other conditions of the contract will be as per the bidding documents
Signed by & on behalf of NTPC-Lara
57
Annexure – IX
(On official letter head of the Company)
Bidder Details
(For submission along with documents)
Sl. No.
Description
Details
1 Name of the Bidder
2. Status (Company / Individual /
Partnership firm)
3 Registered Address
Telephone No.
Fax No.
4 Communication Address
Telephone No.
Fax No.
5 LST / CST / TIN No.
6 Shipping Address for Fly Ash
7 Manufacturing Product
8
Percentage use of fly ash in the
Manufactured product at S.No.7
8 Fly Ash Usage (2019-20), in MT
(supporting document to be
attached)
59
Authorised Person Details
1 Name of the Authorised Person
2 Designation
3 Address for Communication
4 Telephone No.
5 Fax No.
6 Email Id
For and on behalf of
Signature:
(Authorized Representative)
Name:
Designation:
59
Annexure – X
(On official letter head of the Company)
Page 1 of 1
(FORM OF ACCEPTANCE OF FRAUD PREVENTION & BANNING POLICY)
SUPPLY OF FLY ASH FROM NTPC LIMITED
(Bid Doc Ref. No: - -------------------------------------------------------)
To,
NTPC Limited
Lara Super Thermal Power Station,
P.O. – Vikas Bhawan, Jamnipali,
Distt. – Korba (CG)
Pin : 495 450.
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.
Yours faithfully,
Date :
(Signature)..........................................
Place : (Printed Name)..................................
(Designation)......................................
(Common Seal).................................
60
ANNEXURE XI
End User Certificate
To, Date:
AGM (EMG & AU)
NTPC – LARA
DISTT. – RAIGARH (CG)
Sub: Quarterly End User Certificate for the ash supplied from NTPC LARA under Fly Ash Incentive Scheme (Award letter
no. ).
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 Lara for the purpose of
manufacturing
products using fly ash like Cement, RMC (Ready Mix Cement Concrete)/CC (Cement Concrete)/ Geo-Polymer
Concrete)
( ) only at our manufacturing plant at _________________________________________
and that no fly ash lifted by us from NTPC Lara under the incentive scheme has been diverted any where else.
Signature with date & seal
M/s________________________
61
ANNEXURE XIII
E.F.T.Form
Bidders Name and Address: To,
NTPC Limited,
…………………………………….
Dear Sirs,
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)
E)
BRANCH CODE
62
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
SAVING CURRENT LOAN CASH CREDIT OTHERS
IF OTHERS, SPECIFY
5.
PERMANENT ACCOUNT NUMBER (PAN)
6.
E-MAIL Address for Intimation regarding release of payments
I/We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or credit is not affected at all for reasons of incomplete
or incorrect information, I/We would not hold the Company responsible
DATE
SIGNATURE
(AUTHORISED SIGNATORY)
Name:
OFFICIAL STAMP
BANK CERTIFICATION:
It is certified that above mentioned beneficiary holds a bank account no……………. with our branch and the Bank
particulars mentioned above are correct.
DATE
SIGNATURE
(AUTHORISED SIGNATO
Authorisation no.:
…
……………………
OFFICIAL STAMP
Encls: Cancelled cheque
ANNEXURE XII
FORM OF INDEMNITY-CUM-UNDERTAKING AGREEMENT WITH REGARD TO REMOVAL/DISPOSAL OF SCRAP/SURPLUS
.
SHALL BE GIVEN AFTER AWARD