NTPC LIMITED
(A GOVERNMENT OF INDIA ENTERPRISES)
(CONTRACT SERVICES)
SPECIAL CONDITIONS
(FOR WORKS CONTRACTS)
1. THE WORK IS TO BE EXECUTED IN NTPC-KORBA PROJECT AREA, WEST KORBA, DISTT. KORBA (CG).
2. IT IS EXPECTED THAT THE BIDDER SHOULD GET THEMSELVES FAMILIAR WITH (VISIT) THE SITE AND NATURE OF JOB IN ADVANCE WHERE THE WORKS ARE TO BE EXECUTED BEFORE QUOTING THEIR RATES.
3. SUBMISSION OF A TENDER BY A BIDDER IMPLIES THAT HE HAS READ AND UNDERSTOOD ALL THE TENDER DOCUMENTS ALONGWITH NTPC GCOC AND ACCORDINGLY HAVE QUOTED THEIR RATES. ALL RATES SHALL BE QUOTED ON TENDER FORM ISSUED BY NTPC, SIGNED & STAMPED ON EACH & EVERY PAGES OF TENDER, TO BE SUBMITTED ALONG WITH A COVER LETTER ON THEIR LETTER HEAD. UNSIGNED OFFER WILL NOT BE CONSIDERED. TOO MANY CORRECTIONS / OVERWRITING LEADING TO CONFUSION IN QUOTED RATE IS ALSO LIABLE TO BE REJECTED.
4. NTPC GENERAL CONDITIONS OF CONTRACT (GCOC) FOR CIVIL WORKS/MAINTENANCE WORK AND ITS AMENDMENTS ISSUED TIME TO TIME TILL DATE (ISSUE OF TENDER) SHALL ALSO FORM PART OF THE CONTRACT AND MAY BE SEEN IN THE OFFICE OF THE MANAGER (CONTRACTS) ON ANY WORKING DAY. HOWEVER THE BIDDER/CONTRACTOR MAY OBTAIN ONE SET OF LATEST GCOC ALONG WITH ITS AMENDMENTS FROM CONTRACT SERVICES DEPTT. VARIOUS FORMATS ARE AVAILABLE IN THE NTPC GCOC. THESE FORMATES SHALL NOT BE ISSUED IN EACH & EVERY TENDER .THE BIDDER SHOULD REFER NTPC GCOC WHERE EVER REQUIRED.
5. EARNEST MONEY WILL BE ACCEPTED ONLY IN THE FOLLOWING FORMS AND SHALL BE DRAWN IN FAVOR OF NTPC LIMITED KORBA.
PAY ORDER (BANKER’S CHEQUE) OR DEMAND DRAFT PAYABLE AT KORBA (SBI WEST KORBA (CG) – BR. CODE 6168)
5.1 BENEFITS TO MSES: MICRO AND SMALL ENTERPRISES (MSES) REGISTERED WITH DISTRICT INDUSTRIES CENTRES OR KHADI AND VILLAGE INDUSTRIES COMMISSION OR KHADI AND VILLAGE INDUSTRIES BOARD OR COIR BOARD OR NATIONAL SMALL INDUSTRIES CORPORATION OR DIRECTORATE OF HANDICRAFTS AND HANDLOOM OR ANY OTHER BODY SPECIFIED BY MINISTRY OR MICRO, SMALL AND MEDIUM ENTERPRISES AS PER MSMED ACT 2006, FOR GOODS PRODUCED AND SERVICES RENDERED, SHALL BE ISSUED THE BIDDING DOCUMENTS FREE OF COST AND SHALL BE EXEMPTED FROM PAYING EARNEST MONEY DEPOSIT.
FURTHER, IN TENDER, PARTICIPATING MSES QUOTING PRICE WITHIN PRICE BAND OF L1 + 15 PERCENT SHALL ALSO BE ALLOWED TO SUPPLY A PORTION OF REQUIREMENT BY BRINGING DOWN THEIR PRICE TO L1 PRICE IN A SITUATION WHERE L1 PRICE IS FROM SOMEONE OTHER THAN A MICRO AND SMALL ENTERPRISE AND SUCH MICRO AND SMALL ENTERPRISE SHALL BE ALLOWED TO SUPPLY UP TO 20 PERCENT OF TOTAL TENDERED VALUE. IN CASE OF MORE THAN ONE SUCH MSE, THE SUPPLY WILL BE SHARED PROPORTIONATELY (TO TENDERED QUANTITY). HOWEVER, FOR PROCUREMENT OF SERVICES OR SUPPLIES WHERE SPLITTING OF QUANTITY IS NOT POSSIBLE, THE AWARD SHALL BE GIVEN TO L1 BIDDER ONLY.
THE BENEFIT AS ABOVE TO MSES SHALL BE AVAILABLE ONLY FOR GOODS/SERVICES PRODUCED & PROVIDED BY MSES FOR WHICH THEY ARE REGISTERED.
MSES SEEKING EXEMPTION AND BENEFITS SHOULD ENCLOSE A ATTESTED/SELF CERTIFIED COPY OF VALID REGISTRATION CERTIFICATE, GIVING DETAILS SUCH AS VALIDITY, STORES/SERVICES ETC. FAILING WHICH THEY RUN THE RISK OF THEIR BID BEING PASSED OVER AS INELIGIBLE FOR THE BENEFITS APPLICABLE TO MSES.
6. ALL TENDER MUST BE ACCOMPANIED BY REQUISITE EARNEST MONEY IN PRESCRIBED FORM . EMD SHOULD BE KEPT IN SEPARATE ENVELOPE AND CLEARLY WRITTEN "EARNEST MONEY OF RS. --------------------- ENCLOSED" ON THE TOP OF ENVELOPE CONTAINING THE EMD . BIDS NOT ACCOMPANIED WITH REQUISITE BID GUARANTEE IN A SEPARATE SEALED COVER OR BIDS ACCOMPANIED WITH BID GUARANTEE OF INADEQUATE VALUE / OR BID GUARANTEE IN UNACCEPTABLE FORM SHALL NOT BE ENTERTAINED AND IN SUCH CASES BID SHALL BE RETURNED TO THE BIDDERS WITHOUT BEING OPENED.
7. THE EARNEST MONEY SHALL BE FORFEITED ON THE FOLLOWING GROUNDS .
A) ON REVOCATION OF THE TENDERS .OR INCREASE IN THE RATES AFTER OPENING OF THE TENDER BUT BEFORE THE VALIDITY OF THE QUOTATION EXPIRES. OR
B) ON REFUSAL TO ENTER INTO A CONTRACT AFTER THE WORKS IS AWARDED TO A CONTRACTOR . OR
C) IF THE WORK IS NOT COMMENCED AFTER THE WORK IS AWARDED TO A CONTRACTOR WITHIN THE STIPULATED PERIOD AS MENTIONED IN THE LOI / LOA
8. TENDERS ARE ISSUED ON PRIMAFASCIE/ PAST CREDENTIALS AVAILABLE BASIS.ISSUE OF ANY TENDER TO A BIDDER SHALL NOT CONSTRUE THAT SUCH BIDDER IS CONSIDERED QUALIFIED . THE BIDDER/CONTRACTOR SHOULD INFORM IN WRITING ALONGWITH VALID DOCUMENTS REGARDING ANY CHANGE IN NATURE OF FIRM, AUTHORITY OF FIRM, PF MATTER, INCOME TAX MATTER, ADDRESSES,WORK EXECUTION OR ANY OTHER MATTER WHICH MAY AFFECT DIRECTLY/INDIRECTLY TO PRESENT TENDER/CONTRACT. FAILING TO THIS NTPC SHALL BE FREE TO TAKE ANY ACTION AS DEEMED FIT.
9. BIDDERS ARE REQUIRED TO QUOTE THEIR RATES INCLUSIVE OF ALL TAXES, DUTIES , OCTROI, T & P, LABOUR, MATERIALS (AS PER TENDER SPECIFICATION) AND SUPPLY OF THE SAME AT SITE. TENDERER SHOULD ALSO CLEARLY MENTION APPLICABLE TAXES & DUTIES AND RATES THEREOF AS PER APPLICABILITY.
10. UNLESS OTHERWISE SPECIFIED THE TENDER SHALL BE EVALUATED ON TOTAL VALUE OF THE PACKAGE (i.e. ALL THE ITEMS TAKEN TOGETHER ) .
11. IN THE EVENT OF A DISCREPANCY BETWEEN DESCRIPTION IN WORDS & FIGURES QUOTED BY A TENDERER THE DESCRIPTION IN WORDS (RATES WRITTEN IN WORRDS) SHALL PREVAIL. UNIT RATE SHALL BE REGARDED AS FIRM. (FOR MORE DETAILS GCOC CLAUSE 8 MAY BE REFERRED).
12. TENDERERS ARE ADVISED TO SUBMIT THEIR TENDERS IN PERSON. KORBA BEING A REMOTE PLACE TENDER SENT THROUGH REGISTERED POST SHOULD BE POSTED SUFFICIENTLY IN ADVANCE SO AS TO REACH THE PROJECT AUTHORITIES BY DUE DATE AND TIME. HOWEVER, NTPC RESERVE THE RIGHT TO ACCEPT OR REJECT LATE/DELAYED TENDERS.
12.1 DELAYED TENDER : NTPC RESERVES ITS RIGHT TO OPEN AND CONSIDER THE DELAYED TENDER (POSTED THROUGH REGISTERED POST ONLY, ONE DAY PRIOR TO THE DUE DATE OF OPENING) AND RECEIVED IN INTACT, SEALED/UNSEALED ENVELOPE DULY SUPER-SCRIBED WITH TENDER REFERENCES, ETC.
12.2 OFFERS SENT THROUGH COURIER / BY HAND SHALL NOT BE CONSIDERED IF PRESENTED AFTER THE DUE DATE AND TIME OF SUBMISSION OF BIDS.
13. NTPC IS NOT RESPONSIBLE FOR ANY DELAY OR NON-RECEIPT OF TENDER PAPERS SENT THROUGH POST NO CLAIM IN THIS RESPECT WILL BE ENTERTAINED.
14. THE VALIDITY PERIOD FOR THE RATES QUOTED SHALL BE 90 DAYS FOR LIMITED TENDER (180 DAYS FOR OPEN TENDER) IN NORMAL CIRCUMSTANCE FROM THE DATE OF BID OPENING . HOWEVER, THIS MAY BE ALTERED BY GIVING PROPER NOTICE.
15. THE CONTRACTOR SHALL ARRANGE TO OBTAIN VALID GATE PASSES FOR THE MEN AND EQUIPMENT FROM THE CONCERNED AUTHORITIES . THE CONTRACTOR WILL ISSUE TO EACH EMPLOYEE EMPLOYED BY HIM A PHOTO IDENTITY CARD DULY CERTIFIED BY HIM/CONTRACTOR FOR THE WORK AWARDED TO HIM BY NTPC.
16. NO MAN MATERIALS/EQUIPMENTS NOT COVERED BY VALID GATE PASS SHALL BE PERMITTED WITHIN THE POWER STATION AREA AND NO MATERIAL/EQUIPMENT SHALL BE PERMITTED TO BE TAKEN OUT OF THE POWER STATION UNLESS AUTHORISED BY CONCERNED AUTHORITY .THE CONTRACTOR SHALL BE HELD FULLY RESPONSIBLE FOR ANY DELAYS/LOSSES /DAMAGES THAT MAY RESULT CONSEQUENT ON ANY LAPSES ON THE PART OF HIS EMPLOYEES IN THIS REGARD.
17. THE CONTRACTOR WILL HAVE TO FOLLOW ALL RULES AND REGULATIONS PERTAINING TO PAYMENT OF MINIMUM WAGES ACT AS NOTIFIED BY CENTRAL GOVERNMENT APPLICABLE FOR PROJECT SITE DISTT. KORBA C.G. HE SHALL ALSO BE RESPONSIBLE FOR OBSERVANCE OF ALL LABOUR REGULATIONS IN RESPECT OF LABOUR WELFARE.
18. THE CONTRACTOR SHALL BE LIABLE TO COMPLY WITH PROVISIONS UNDER THE VARIOUS LABOUR LEGISLATIONS BESIDES OTHER OBLIGATIONS UNDER THE LABOUR LEGISLATIONS, HE IS REQUIRED TO ENSURE PAYMENT OF MINIMUM WAGES UNDER THE MINIMUM WAGES ACT, GRANT OF LEAVE AS PER THE NOTIFICATIONS OF CHIEF LABOUR COMMISSIONER, PROVIDENT FUND UNDER THE PROVIDENT FUNDS ACT, COMPENSATION UNDER THE WORKMEN COMPENSATION ACT MATERNITY LEAVE UNDER MATERNITY BENEFIT LEAVE MATERNITY ACT, PAYMENT OF BONUS UNDER BONUS ACT 1965, RETRENCHMENT COMPENSATION ETC. HE SHALL INDEMNIFY THE CORPORATIONS AGAINST ALL CLAIMS DAMAGES COMPENSATIONS, DAMAGES ON ACCOUNT OF HIS FAILURE TO COMPLY WITH STATUTORY PROVISIONS.
19. UNLESS OTHERWISE SPECIFIED, THE RATES SHALL REMAIN FIRM DURING THE CURRENCY OF THE CONTRACT AND NO ESCALATION IS PAYABLE ON ANY ACCOUNTS. CLAUSES 53 AND 53-A OF GENERAL CONDITIONS OF CONTRACT REGARDING REIMBURSEMENT/REFUND ON VARIATION IN PRICE SHALL NOT BE APPLICABLE AND SHALL BE DEEMED AS DELETED.
20. NTPC RESERVE THE RIGHT TO ISSUE TENDER (BASED ON AVAILABLE /SUBMITTED CREDENTIAL),WITHDRAW THE TENDER ISSUED TO A PARTICULAR BIDDER, ACCEPT OR REJECT ANY OR ALL TENDERS WITHOUT ASSIGNING ANY REASON THEREOF.
21. THE WORK SHALL BE EXECUTED AS PER THE DIRECTION AND SATISFACTION OF THE ENGINEER-IN-CHARGE AND DECISION OF ENGINEER-IN-CHARGE WILL BE FIRM AND BINDING ON ALL MATTERS.
22. THE PERSONS BELOW THE AGE OF 18 YEARS SHALL NOT BE DEPLOYED ON THE WORK.
23. NO CHILDREN OF THE WORKERS WILL BE ALLOWED INSIDE THE PLANT.
24. THE CONTRACTOR SHALL BE REQUIRED TO PAY MINIMUM WAGES TO THE WORKERS AS PER PREVAILING RULES WHICH SHALL BE GOT CERTIFIED BY THE ENGINEER-IN-CHARGE IF FOUND NECESSARY. BEFORE SUBMISSION OF ANY BILL THE CONTRACTOR HAS TO DISBURSE LABOUR PAYMENTS AND COMPLY ALL THE STATUTORY COMPLIANCE, THEN ONLY THE BILL OF CONTRACTOR SHALL BE PROCESSED FURTHER.
25. THE CONTRACTOR SHOULD HAVE SUFFICIENT FUNDS SO THAT HE IS ABLE TO MAKE REGULAR LABOUR WAGE/ OTHER PAYMENTS FOR SOME MONTHS EVEN IF HIS BILLS ARE NOT PAID BY NTPC FOR WHAT SO EVER REASON.
26. IN CASE THE DEPARTMENT RECEIVES ANY COMPLAINT FROM THE WORKERS REGARDING NONPAYMENT OF THE WAGES THE AMOUNT PAYABLE TO THE WORKERS WILL BE PAID AND RECOVERED FROM THE CONTRACTOR'S BILLS ALONG WITH INCONVENIENCE CHARGE AT THE RATE OF 5% OF SUCH WAGES.
27. SD (SECURITY DEPOSIT) SHALL BE DEDUCTED & RELEASED AS PER PROVISION GIVEN IN GCOC (GENERAL CONDITIONS OF CONTRACT), WHICH MAY BE SEEN AT/COPY OBTAINED FROM CONTRACT SERVICES.
28. INCOME TAX AND SURCHARGE WILL BE DEDUCTED FROM THE GROSS AMOUNT OF EACH BILL AS PER THE APPLICABLE INCOME TAX ACT.
29. VOLUME OF WORK MAY BE VARIED BY +/- 20% AND THE TENDERER HAS TO CARRY OUT THE JOB AT THE SAME QUOTED/ACCEPTED RATE, IF NOT SPECIFICALLY MENTIONED OTHERWISE. SUCCESSFUL BIDDER (i.e. THE BIDDER TO WHOM WORK SHALL BE AWARDED) SHALL HAVE TO AGREE TO OFFER A SUITABLE REBATE TO MAINTAIN LOWEST POSITION TO AVOID THE VITIATION AFTER FINAL COMPLETION OF THE WORK.
30. PAYMENT TERMS : RUNNING ACCOUNT BILL PAYMENTS (MAY BE MONTHLY ) SHALLS BE PAID TO THE CONTRACTOR ON THE BASIS OF THE WORK DONE WHICH WILL BE CERTIFIED BY THE ENGINEER -IN-CHARGE OR HIS REPRESENTATIVE.
31. AUTHORISATION LETTER/POWER OF ATTORNEY IS REQUIRED WHEN EVER TENDER OR ANY DOCUMENT IS SIGNED BY OTHER THAN PROPRIETOR / AUTHORISED PARTNER /AUTHORISED PERSON OF A COMPANY. IT SHOULD NOT BE MORE THAN 06 MONTHS OLD.
32. IN CASE OF ANY DISCREPANCY BETWEEN VARIOUS DOCUMENTS IN TENDER/CONTRACT, THE FOLLOWING SHALL BE ORDER OF PREFERENCE.
A) SCHEDULE OF QUANTITY
B) SCOPE OF WORK/WORK SPECIFICATION AND NOTES ALONGWITH.
C) SPECIAL TERMS AND CONDITIONS (ATTACHED WITH THE PARTICULAR PACKAGE.
D) SPECIAL CONDITIONS FOR WORKS CONTRACT.
E) ANY OTHER CONDITIONS DETAILED IN TENDER.
F) DRAWINGS IF ENCLOSED/ATTACHED.
G) NTPC GENERAL CONDITION OF CONTRACT (GCOC).
33. CARRYING/STRIKING OF MATERIALS LIGHTERS OR SMOKING OR OTHER SUCH ACTS WHICH MAY CAUSE FIRE HAZARDS IN THE RESTRICTED AREAS OF POWER STATION SUCH AS HYDROGEN PLANTS HYDROGEN STORAGE AREAS, FUEL OIL PLANT/STORAGE AREA ETC. IS STRICTLY PROHIBITED.
34. IN THE RESTRICTED AREA OF POWER STATION HOT WORK SUCH AS WELDING GAS CUTTING ETC. WHICH MAY CAUSE FIRE HAZARDS SHALL NOT BE CARRIED OUT UNLESS VALID GAS SAFETY/FIRE PERMIT IS OBTAINED FROM THE ENGINEER-IN-CHARGE AND NECESSARY PRECAUTIONS ARE TAKEN TO AVOID ANY RISK OF FIRE HAZARDS.
35. ALL NECESSARY PERSONAL SAFETY EQUIPMENT AS CONSIDERED ADEQUATE BY THE ENGINEER-IN-CHARGE OR THE SAFETY OFFICER OF NTPC SHOULD BE MADE AVAILABLE AT CONTRACTOR'S COST FOR USE BY THE PERSONS EMPLOYED ON THE SITE AND BE MAINTAINED IN CONDITION SUITABLE FOR IMMEDIATE USE. PENALTY FOR NON COMPLIENCE SHALL BE Rs.200/- PER DAY. THE CONTRACTOR SHOULD ALSO GIVE SUFFICIENT SAFETY TRAINING AND INSTRUCTIONS TO HIS WORKMEN AND ENSURE PROPER USE TO SAFETY EQUIPMENT BY THOSE CONCERNED.
36. THERE WILL BE NO COMPROMISE ON SAFETY MATTER (MAN/MATERIAL/EQUIPMENTS) NTPC SAFETY OFFICER ALONGWITH E.I.C. SHALL HAVE FULL POWERS FOR IMPOSSING PENALTY FOR ANY LAPSE IN SAFETY AS DEEMED FIT.
37. ON LETTING OUT WORKS CONTRACT OF VALUE EXCEEDING RS.1.0 LAKH TO A CONTRACTOR INVOLVING SALE OF ANY GOODS, PREVAILING COMMERCIAL TAX SHALL BE DEDUCTED AT SOURCE FROM THE TOTAL PAYMENT ,AS PER THE PROVISIONS OF MP COMMERCIAL TAX ACT, 1994. AGAINST SUCH DEDUCTION TDS CERTIFICATE IN FORM 42 WILL BE ISSUED TO THE CONTRACTOR. FURTHER COMMERCIAL TAX (AT PREVAILING RATES) ON HIRE CHARGES FOR T&P (NTPC ISSUED ON HIRE BASIS) WILL ALSO BE RECOVERED FROM THE BILLS.
38. As per the applicability of Service Tax Act, the agency is to get registered with Service Tax Authority.
The agency has to quote the rates Exclusive of Service Tax. Service tax, if applicable, shall be paid as extra by NTPC subject to submission of documentary evidence.
39. THE CONTRACT PERIOD NORMALLY WILL BE AS MENTIONED IN COVER LETTER (OF TENDER/AWARD LETTER) . HOWEVER AS PER SITE REQUIREMENT THE CONTRACT PERIOD MAY ALSO BE EXTENDED FOR ANOTHER THREE (03) MONTHS AT THE DISCRETION OF NTPC. THE AWARDEE PARTY SHALL HAVE TO AGREE TO EXECUTE THE WORK AT SAME RATE TERMS & CONDITIONS FOR EXTENDED PERIOD ALSO.
BIDDER / FOR & ON BEHALF CONTRACTOR OF NTPC Ltd. - KORBA
(CONTRACT SERVICES)