Terms & Conditions for purchasing of ash from NTPC-Kahalgaon

	Table of Content
Sl	Description	Page
1.	General conditions of supply	1-4
2.	Special conditions of supply	5-8
3.	Annexure-I (Application format)	9
4.	Annexure-II (Purchase schedule)	10
5.	Annexure-III (Undertaking for end use)	11
6.	Annexure-IV (Undertaking for availing	12-14
	bagging & rail loading facility)
7.	Annexure-V (fund deposition format)	15-16
8.	Annexure-VI (Acceptance of fraud	17
	prevention policy)
9.	Annexure-VII (Model award letter)	18-21

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GENERAL CONDITIONS OF SUPPLY

1.Acquaintances of local conditions;

It will be imperative for the Applicant 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.

2.Language of the Contract

All bids shall be prepared in English Language by typing or printing with indelible black ink in the format given in the bid price schedule attached in the tender document and shall be signed by the Applicant or a person or persons duly authorized to bind the Applicant to the Contract. The letter of authorization shall be indicated by written Power of Attorney, which will be furnished along with the Bid.

Any interlineations, erasures, or overwriting to correct errors made by the Applicant should be initialed by the person or persons signing the Application.

3.Confidentiality

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

4.Examination of applications and Determination of Responsiveness

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

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

5.Correction of Arithmetical errors

If there is a discrepancy between words and figures for the quantity / price / period of fly ash required as mentioned in application, then the quantity / price / period written in words shall prevail.

If an applicant does not accept the correction of errors, its application will be rejected.

6.Settlement of Disputes

Amicable Settlement

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

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

7.Arbitration

a)In the event that the parties are unable to resolve the disputes under Clause 6 above, controversy or claim relating to or arising out of this contract, such disputes, controversy or claim shall be finally settled by a panel of arbitrators (“The Arbitral Tribunal”), in accordance with the Arbitration and Conciliation Act 1996 as amended from time to time and read with rules framed there under.

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

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

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

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

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

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

The cost of Arbitrator shall be borne equally by the parties to the dispute. Notwithstanding the subsistence of any arbitration proceedings, the Parties shall continue to perform their respective obligations under this Agreement and either Party shall not withhold, any payment obligation admitted by it.

8.Force Majeure

a.“Force Majeure” shall mean any event beyond the reasonable control of the Supplier or of the Buyer, as the case may be, and which is unavoidable notwithstanding the reasonable care of the party affected. Force Majeure shall include but not be limited to the following events and circumstances:

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

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

iii.Illegal strike or illegal lockout; and

iv.Acts of Governmental Instrumentality having jurisdiction occurring after the date of this Agreement, including the issuance or promulgation of any court order, law, statute, ordinance, rule, regulation or directive, the effect of which would prevent, delay or make unlawful a Party’s performance herein; provided that executive acts of a Governmental Instrumentality in the capacity of a shareholder or Seller of either Party shall not for the purpose of this Agreement be considered as a Force Majeure event.

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

c.The party who has given such notice shall be excused from the performance or punctual performance of its obligations under the Contract for so long as the relevant event of Force Majeure continues and to the extent that such party’s performance is

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prevented, hindered or delayed. The Time for Completion shall be extended after mutual discussion.

d.The party or parties affected by the event of Force Majeure shall use reasonable efforts to mitigate the effect thereof upon its or their performance of the Contract and to fulfill its or their obligations under the Contract, but without prejudice to Supplier’s right to terminate the Contract under Special Conditions of Supply Clause 29.

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

f.If the performance of the Contract is substantially prevented, hindered or delayed for a continuous period of more than thirty (30) days or an aggregate period of more than ninety (90) days on account of one or more event of Force Majeure during the occurrence of the Contract, the parties will attempt to develop a mutually satisfactory solution, failing which the dispute shall be resolved in accordance with GCS Clause 6.

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

9.Insurance & Buyer’s Liability

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

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

10.Suspension of the supply

The Supplier reserves the right to suspend and reinstate execution of the whole or any part of the supply.

The Supplier shall not be responsible for any liabilities for suspension of issue of fly ash or issue of reduced quantity of Fly Ash for any reason whatsoever.

11.Indemnity for defense of Suits

If any action in court is brought by third party against the Supplier or an officer or agent of the Supplier for the failure or neglect on the part of the buyer to perform any acts, matters, covenants or things under the Contract, or for damage or injury caused by the alleged omission or negligence on the part of the buyer, his agents, representatives or his Sub-contractors, workmen, suppliers, or representatives employees the buyer shall in such cases indemnify and keep the Supplier and NTPC and/or its representative harmless from all losses damages, claims, expenses or decrees arising out of such action.

12.Recovery of Sums Due

Whenever any claim for the payment of the sum of money arises against the buyer, the Supplier shall be entitled to recover such sum by appropriating in whole or in part, from advance deposited against fly ash and /or the Contract Performance Guarantee deposited by the buyer.

13.Safety Requirements

The buyer shall ensure safety and security of all its personnel, working at different places in connection with this supply and shall be fully responsible for the same. All safety tools and tackles required like helmets, goggles, gas masks, respiratory masks,

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gumboots, shoes, safety belts wherever required will be provided by the buyer. The buyer shall also ensure safety and security of all NTPC and Supplier’s delivery personnel at delivery site.

14.Disorderly Conduct

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

15.Jurisdiction of Court

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

16.Fraud Prevention Policy

"The buyers along with their associate / collaborator / subcontractors / sub-vendors / consultants / service providers shall strictly adhere to the Fraud Prevention policy of the NTPC displayed on its tender website http://www.ntpctender.com. The Contractor along with their associate / collaborator / subcontractors / sub-vendors / consultants / service providers shall observe the highest standard of ethics and shall not indulge or allow anybody else working in their organization to indulge in fraudulent activities during execution of the purchasing period. The buyer shall immediately apprise the NTPC about any fraud or suspected fraud as soon as it comes to their notice.

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SPECIAL CONDITIONS OF SUPPLY

17.Scope of Supply

Supplier (i.e. NTPC Kahalgaon) would be in a position to make available allocated quantity subject to availability, other than force Majeure conditions and unplanned outage of any units of NTPC Kahalgaon.

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

Power Stations / Location	Quantity	Fly Ash quality to be	Period	of
	available	supplied	Supply

Kahalgaon STPS, Dist Bhagalpur, 4,80,000 MT	On “as available”	6 months
Bihar, 813214	basis

Buyer has to submit its purchase planning for their applied quantity of fly ash in the format given in Annexure-I & Annexure II. The supplier reserves the right to supply the quantity not lifted by the buyers to any other party at the sole discretion of the supplier.

18.Working Hours

Delivery of fly ash is intended to be given on morning and evening shifts (06:00- 22:00 hrs) of all working days or as per Engineer-in-Charge.

19.Delivery Point

NTPC Kahalgaon would deliver fly ash from the discharge chute of designated ash Silo of the plant. Fly ash shall be considered to have been delivered as it passes into the buyer’s vehicle at the loading point.

20.Quality of fly ash

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

21.Methodology for Pricing

a)Presently the price of fly ash of the already existing contracts is Rs119.74/- PMT and shall be valid till 31.03.2015. Thereafter, the price is scheduled to be revised w.e.f 01.04.15 for 2015-16 as per formula below:

FAPnew= (FAPold X WPI new)/ WPI old.

FAPnew= Adjusted award price for the FY 2015-16

FAPold = The base price fixed for the year ending March 2010 i.e. Rs. 110/-. WPInew = All India wholesale price index of grey cement for the month of Mar’15 WPIold = Rs 150.2.

b)Data regarding all India wholesale price index for grey cement (WPI) for calculation shall be taken from Bulletins of Commerce Ministry and as available at website www.eaindustry.nic.in.

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

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22.Award Criteria

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

23.Period of Supply

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

24.Upward Quantity Flexibility

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

25.Payment Terms & Bank Charges

Delivery shall be made against advance payment in the form of Demand Draft/ RTGS/ Bank Transfer in favour of NTPC Limited (Fund deposition intimation format given in Annexure-V). The amount of advance shall be equivalent to value of one month of off- take quantity. Advance shall be adjusted against delivery on weekly basis.

All bank charges shall be borne by the buyer.

26.Commencement of first off take

Commencement of first off take of fly ash should not exceed beyond 15 days from the date of issue of award letter unless specifically agreed by the Supplier.

27.Weighment for invoicing

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

28.Compensation against shortfall during regular off take

a.After commencement of first off take, buyer will be required to lift fly ash on regular basis in accordance with agreed quantity as per contracted schedule. The buyer shall have to lift at least 75% of allocation quantity / adjusted quantity (in case of short supply). In case buyer fails to lift the minimum quantity (75% of allocated quantity / adjusted quantity), compensation amount @ Rs.25/MT will be charged on the shortfall quantity (75% of allocated quantity / adjusted quantity – Actual quantity lifted).

b.For the purpose of calculation of provisional compensation, quarterly breakup of the total contracted quantity or the adjusted quarterly quantity (in case of short supply) will be done and compared with actual quantity lifted by the buyer.

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

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

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

29.Termination of Contract

The Supplier reserves the right to terminate the contract in the event of breach of contract by the buyer giving one months notice in the writing of their intension to do so and in such an event the buyer shall not be entitled to any compensation from the Supplier. Performance Guarantee (CPG) is also liable to be forfeited.

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30.Following will constitute breach of contract:

a.Delay in first off-take by Buyer from committed date by more than 15 days.

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

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

contract.

In case of termination of contract, Clause No. 28 related to compensation as stated above, for that year in which termination takes place, would not be applicable.

In case of quarter with less than 03(three) months (i.e. in case of first and last quarter of the contract period) the allocated quantity for that quarter shall be derived on pro- rata-basis.

31.Shortfall in supply by Supplier

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

b.In case Supplier is unable to provide average monthly contracted quantity of fly ash due to any reasons including forced outages of the plant, congestions etc. supplier in respect of each buyer shall accordingly adjust the monthly contracted quantity downward. Under such circumstances the determination of compensation referred at Clause 28 above shall be computed with respect to adjusted monthly quantity.

c.Determination of monthly quantity for termination of Contract in case of short supply by the Supplier shall also be computed w.r.t quantity made available to the buyer for the month as stated in Clause 28.

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

32.Taxes, Duties, Levies etc.

a.The applicant shall be liable and responsible for payment of all statutory levies in the form of taxes, duties, octroi etc. on the Supply. Such statutory liabilities, if any, shall be paid by applicationder extra at actuals.

b.Regarding exports, it is the responsibility of the buyer to fulfill their export obligations as may be required, and any shortfall in this regard shall be to the account of the buyer only. The buyer indemnifies the seller against all such liabilities and losses on failure to fulfill the export obligations, if any.

33.Delivery

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

b.Delivery will be from Silo Chutes to bulkers/ closed trucks/ rail rakes, which are suitable for loading from designated silos. Open trucks will not be allowed to take delivery. However, for availing rail rake loading facility separate undertaking (Annexue-IV) along with a returnable SD of Rs 2000000/- (Twenty lakhs) to be deposited.

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

34.Responsibility during Transportation

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

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

35.Bagging facility and railway transportation facility

There is a provision of bagging, stacking at NTPC Kahalgaon for transportation of dry Fly Ash through rail rake from NTPC Kahalgaon railway siding. To avail such facility (provisional) an interest free returnable security deposit of `2000000/- (twenty lakhs only) to be deposited along with undertaking (format attached in Annexure-- IV) by the concerned buyers to NTPC Kahalgaon for reimbursement of debit note issued, if any, to NTPC from Railway Authority regarding payment of freight, UC, DC and other charges for the traffic dealt with at NTPC Kahalgaon ash siding prior to avail the facility.

36.Billing

Supplier will issue Exit gate pass on daily basis and invoices on weekly/fortnightly basis and shall deliver to the Buyer(s) an invoice showing the value of the fly ash delivered for each day, along with applicable duty/taxes/cess etc. and shall be adjusted against the advance payment made by the buyer(s) as per Clause 25. Any Statutory form like Form ‘C’ etc. for claiming rebate shall be submitted by the buyer to the supplier for claiming such rebate. In case buyer fails to submit ‘C’ form within one month of the designated quarter, CST will be charged at full applicable rates.

Addl. General Manager

(EMG & AUD-I/C)

NTPC Ltd.

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Annexure –I

(On official letter head of the Company)

Application format with Applicant Details

(for submission along with documents)

Sl. No.	Description	Details
1	Name of the Applicant
2.	Status (Company / Individual / Partnership
	firm)
3	Registered Address
	e-mail ID
	Telephone No.
	Fax No.
4	Communication Address
	Telephone No.
	Fax No.
5	LST / CST / TIN No.
6	Applied quantity of Fly ash
7	Shipping Address for Fly Ash
	Authorised Person Details
1	Name of the Authorised Person
2	Designation
3	Address for Communication
4	Telephone No.
5	Fax No.
6	Email Id

It is to undertake that we shall abide by all the terms and conditions of the purchasing of fly ash vide the notification KhS:092:AUD:A-41 dated ……………., issued by NTPC Kahalgaon against which this application is being forwarded.

For and on behalf of ______________

Signature	:
(Authorized Representative)
Name	:
Designation	:

9

Annexure - II

Month-wise purchase schedule

(For submission along with documents)

Sl. No.			Description			Details
1			Name of the Applicant
2			Registered Address
			Telephone No.
			Fax No.
4			Communication Address
			Telephone No &. Fax No.
5.			Applied quantity of Fly ash
We hereby furnish the monthwise fly ash procurement schedule as given below;
			Month No		Scheduled lifting quantity		Cumulative Quantity
			1
			2
			3
			4
			5
			6
For and on behalf of ______________
Signature				:
(Authorized Representative)
Name				:
Designation				:

11

Annexure - III

(On Official Letter head of the Buyer)

To,

AGM (EMG & AUD)-I/C

Kahalgaon Super Thermal Power Station

Post- KhSTPS, Dist- Bhagalpur

Bihar, PIN-813214

Date :

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

Dear Sir,
This is to certify that we M/S ---------------	the applicant for the NTPC Kahalgaon Thermal
Power Station Fly	Ash against Notification No KhS:092:AUD:A-41

dated……………. the Fly Ash, if allocated to us, shall be used in Cement manufacturing / construction / or other ash based product / industry.

Thanking you,

(Signature of authorized person)

(Name & Designation)

(Seal/ Stamp of Company)

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Annexure –IV

UNDERTAKING FOR AVAILING RAKE LOADING FACILITY (to be filled in Rs 1000/- non-judicial stamp paper)

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

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

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

Whereas, we are manufacturers of cement/ traders of fly ash and have been allocated …………MT of dry fly ash from NTPC Kahalgaon vide NTPC allocation No. ………………………………… and submitted our application dt……………… to the NTPC for getting our selves registered for bagging, stacking and transportation of dry Fly Ash through rail rake from NTPC Kahalgaon railway siding.

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

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

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

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

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

5.That we will be responsible for payment of freight, UC, DC and other charges for the traffic dealt with at our side. Further, we shall submit a returnable & interest free security deposit of Rs. 2000000/- (Rupees twenty lakhs only) for reimbursement of any debit note issued by the railways to NTPC regarding payment of freight, UC, DC and other charges for the traffic dealt with at NTPC Kahalgaon ash siding.

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

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

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

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

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

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

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

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

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

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

Signature of the Party

Address:

Dated

15

Annexure –V (page-1/2)

Fund deposit Intimation for ash purchasing For Deposition Rs 4,99,999/- or less

Ref: KhS/AUD/Ash Sale/			Date:
	Business area	:	NTPC Limited- Kahalgaon
	Customer’s Name	:
	Customer Code	:
	Sale Order No	:
	Amount deposited (`)	:
	Amount deposited (in	:
	word)
	Deposited at (A/c No)	:	SBI A/c No-11663836289, IFSC-SBIN0006949
	Date of deposit	:
	Deposit reference	:
	(UTR No/ Cheque
	No/ DD No etc)
			Signature:
			Name & Seal:

16

Annexure –V (page-2/2)

Fund deposit Intimation for ash purchasing

For Deposition Rs 5,00,000/- or above

Ref: KhS/AUD/Ash Sale/		Date:
Business area	:	NTPC Limited- Kahalgaon
Customer’s Name	:
Customer Code	:
Sale Order No	:
Amount deposited (`)	:
Amount deposited (in	:
word)
Deposited at (A/c No)	:	SBI A/c No-34507866507, IFSC- SBIN0009996
Date of deposit	:
Deposit reference	:
(UTR No/ Cheque
No/ DD No etc)
		Signature:
		Name & Seal:

17

Annexure – VI

(On official letter head of the Company)

Page 1 of 1

(FORM OF ACCEPTANCE OF FRAUD PREVENTION POLICY)

To,

AGM (EMG & AUD)-I/C

Kahalgaon Super Thermal Power Station

Post- KhSTPS, Dist- Bhagalpur

Bihar, PIN-813214

Date :

Dear Sir,

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

	Yours faithfully,
Date :
	(Signature)..........................................
Place :	(Printed Name)..................................
	(Designation)......................................
	(Common Seal).................................

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Annexure VII

MODEL AWARD LETTER FOR SUPPLY OF FLY ASH FROM NTPC KAHALGAON

Ref.No.

Dated:

Letter of Award

To,

Sub: - Award letter for “Supply of Fly Ash” from NTPC KAHALGAON Dear Sir,

This has reference to the following:

1.0	a)	Ash purchase notification No.
	b)	Application document Ref. No.	containing -

Application for ash.

Ash purchase schedule.

General conditions of Supply.

Special conditions of Supply.

2.0With reference to your application submitted Ref. No. _____dated _________, we are pleased to consider your above mentioned application and allocate you total

_____MT of Dry Fly Ash from Ash Silo hoppers of NTPC KAHALGAON for a period of six months.

3.0Terms and Conditions of Supply:

The contract shall be performed by you strictly in accordance with the terms & conditions contained in General Conditions of Supply & Special Conditions of Supply, 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 Ltd.

4.0Supply Period:

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

ii)The completion date of contract is _______.

5.0Price:

Presently the price of fly ash of the already existing contracts is Rs119.74/- PMT and shall be valid till 31.03.2015. Thereafter, the price is scheduled to be revised w.e.f 01.04.15

6.0Taxes & Duties:

The buyer shall be liable and responsible for payment towards any taxes, duties, levies, octroi etc applicable/enforced (by State/Central Government) from time to time during the tenure of the contract. Such liabilities if any shall be paid by the buyer extra at actuals.

7.0Consideration payable by the party:

Amount payable based on the monthly quantity of purchase schedule is to be deposited in advance (along with taxes and duties as applicable) in the form of RTGS/Demand Draft in favour of NTPC Limited A/c for the quantity of Fly Ash to be lifted in next month.

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8.0Contract Performance Guarantee (CPG):

a.Contract Performance Guarantee (CPG) of Rs.______/- [Rupees Only] @ 5% of the value [Rs.___/-] of total 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 in favour of NTPC Limited payable at Kahalgaon.

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

9.0Submission of Form-C.

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

10.0Compensation against shortfall & Termination of Contract:

a)Compensation against shortfall during regular off-take:

Compensation against Shortfall during off-take will be governed as per clause No. 28 of Special Conditions of Supply of contract document.

b)Termination of Contract:

Termination of Contract will be governed as per clause No. 29 of Special Conditions of Supply of contract document.

11.0Delivery point:

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

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

12.0Pollution Control & Transportation of Fly Ash:

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

13.0Safety:

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

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

14.0Working Hours:

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

15.0Quality and Quantity of Fly Ash:

NTPC 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.

16.0Authorized Person:

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

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17.0End Use Certificate:

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

18.0Buyer and its transporter would be entirely responsible towards MVI/RTO for overloading of Fly Ash. NTPC in any case will not be held responsible for the same.

19.0Only Bhagalpur Court shall have the exclusive jurisdiction in all matters pertaining to the supply.

20.0Engineer-In-Charge:

AGM (AUD)-I/C will be the Engineer- In- Charge for the contract.

21.0Bank Details of NTPC (in case of RTGS for less than Rs 500000/-):

Name of the Bank:	State Bank of India
Branch Address:	CSTPPA Branch, Kahalgaon –813214
IFSC Code:	SBIN0006949
Current Account No:	11663836289
In case of RTGS for Rs 500000/- or more:
Name of the Bank:	State Bank of India
Branch Address:	CAG Branch, New Delhi
IFSC Code:	SBIN0009996
Current Account No:	34507866507

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

Signed by & on behalf of NTPC

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

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