NIT no -40042954

INSTRUCTION TO BIDDER

CONDITIONS STIPULATED HEREIN WILL SUPERSEDE THE PROVISION OF GENERAL CONDITIONS OF CONTRACT FOR CIVIL WORKS

Kawas Gas Power Project

Name of Package: Renovation / Re-development of Old Township at

NTPC-Kawas

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NIT no -40042954

SPECIAL CONDITION AND INSTRUCTION

(THESE WILL SUPERSEDE THE PROVISION OF GENERAL CONDITIONS OF CONTRACT FOR

CIVIL WORKS)

1.0EARNET MONEY DEPOSIT

1.1Bidder must submit their offer along with requisite EMD in separate envelope super scribing with EMD ENVELOPE. In case bidder is exempted from submission of EMD, documentary proof in that respect shall be submitted in the EMD envelope which should be clearly superscribed. First, the EMD envelope will be opened. Offer without proper EMD or without documentary evidence to the effect that the bidder is exempted from submission of EMD, are liable for rejection.

1.2The Bidder shall furnish as a part of its Bid an Earnest Money Deposit (EMD) of an amount as prescribed in the NIT, in a separate envelope, superscribed on the top as under:

“ORIGINAL BID SECURITY/EMD FOR ____________ (NAME OF PACKAGE) ____________

NIT NO.____________ DUE ON ____________ (DATE OF BID OPENING) ____________

FROM ____________ (NAME OF THE BIDDER).”

The EMD offered shall, at bidders option, be in the form of (i) A Crossed Demand Draft/Pay

Order/Bankers Cheque from any nationalized or other bank as per list enclosed , in favour of NTPC Ltd. payable at SURAT or (ii) an unconditional and irrevocable Bank Guarantee (BG) from any of the banks specified in the bidding documents. The format of Bank Guarantee towards bid security shall be in accordance with the ‘Proforma for BG’ included in the bidding documents. While getting the Bank Guarantee issued, Bidders are requested to ensure compliance to the points mentioned in Bank Guarantee Verification Check List in the bidding documents. Bidders are required to fill up this Check List and enclose the same along with the Bank Guarantee. EMD

FOR AN AMOUNT LESS THAN OR EQUAL TO RS.50,000.00 SHALL NOT BE ACCEPTED IN THE FORM OF BANK GUARANTEE.

1.3Tender document will be issued free of cost to Micro and Small Enterprises. Such Enterprises are not required to submit EMD, however they have to submit copy of NSIC Certificate/Enterprise Memorandum II issued by NSIC/DIC or any other body specified by Ministry of Micro, Small and Medium Enterprises GOI

1.4Wherever Bids under Joint Venture route are permitted as per the Qualifying Requirements in the Bidding Documents, the EMD by the Joint Venture must be on behalf of all the partners of the Joint Venture.

1.5The validity of tender / offer including rates quoted shall be 06 (Six) months from the date of opening of the tender. The Bid Security/EMD shall remain valid for a period of forty five (45) days beyond the original Bid validity period (if the bid is due for opening on 1st January, the Bid Security/EMD shall be valid upto and inclusive of the following 14th August) or beyond any extension in the period of Bid validity subsequently requested.

1.6The EMD shall be accompanied with a Letter of Undertaking on non-judicial paper of appropriate value in the proforma prescribed in the bidding documents. The EMD and Letter of Undertaking shall be furnished in separate sealed envelopes. The prescribed format for Letter of Undertaking is enclosed .

ANY BID NOT ACCOMPANIED BY AN ACCEPTABLE BID SECURITY IN A SEPARATE SEALED ENVELOPE SHALL BE REJECTED BY THE EMPLOYER AS BEING NON-RESPONSIVE AND RETURNED TO THE BIDDERS WITHOUT BEING OPENED.

The Bid Security of all the unsuccessful Bidders will be returned as promptly as possible, but not later than one (1) month after the expiration of the bid validity period.

1.7The EMD of successful Bidder to whom the Contract is awarded will be returned after the receipt of Bank Guarantee towards Initial Security Deposit.

The EMD shall be forfeited in any of the following circumstances by the Owner without any notice or proof of damage to the Owner etc:

a)If the Bidder withdraws or varies its Bid during the Period of Bid validity.

b)If the Bidder does not accept the correction of its Bid Price pursuant Clause. 8.0 of GCC, Section III.

c)If the Bidder refuses to withdraw, without any cost to the Owner, any deviation found elsewhere in the Bid, or

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NIT no -40042954

d)In the case of a successful Bidder, if the Bidder fails within the time limit specified in Bidding Documents to furnish the required Security Deposit in accordance with Clause 9.0 of GCC Section III.

e)If a tenderer after having been issued the Letter of Award, either does not sign the Contract Agreement or does not submit an acceptable initial security deposit/performance security/entire security deposit in line with the provisions of the contract ,such bidder may be considered ineligible for participating in future tenders of NTPC for a period as may be decided by the Employer.

1.8SPECIAL INSTRUCTION FOR EMD

The earnest money shall be payable without any condition / demure to the owner “On demand”.

No Interest shall be payable by the owner on the said amount covered under Bid Guarantee / other security documents.

In consideration of the tender opening and considering the tender for purpose of award of contract, the tenderer shall keep his tender /offer valid for a period 06. (six) months from the date set for opening of the tender, during which period the tenderer agrees not to vary or alter or revoke his tender either in whole or in part, if the tenderer, however fails to keep his tender valid for 6 (six) months or varies its terms and conditions during the said periods, then the owner shall be entitled to forfeit the Bid guarantee amount without any notice or proof of damage (s) etc. The tenderer shall submit his tender as required in the contract documents alongwith “Letter of undertaking” in the proforma enclosed in the Bid Documents.

2.0VALIDITY OF OFFER & EARNEST MONEY

The validity of tender / offer including rates quoted shall be 06 (Six) months from the date of opening of the tender. The Bid Security/EMD shall remain valid for a period of forty five (45) days beyond the original Bid validity period or beyond any extension in the period of Bid validity subsequently requested.

3.0The tender documents shall be submitted online. However address for postal communication is as mentioned below:

ADDITIONAL GENERAL MANAGER (CONTRACT & MATERIALS ) NTPC LIMITED

Kawas Gas Power Project PO- Adityanagar Surat-394516

GUJARAT

Phone- 0261-2877437 / 2877076 Fax:- 0261-2862692

4.0DEVIATION : Any deviation, Commercial/Technical is to be mentioned only in the Deviation Statement proforma provided in tender documents.

4.1ADDENDA / CORRIGENDA / ERRATA.

Addenda / Corrigenda to the tender documents may be issued prior to the, date ‘of opening of tender to clarify documents or to effect modification .in the design or contract terms. The tenderer shall suitably take into consideration such addenda / corrigenda while submitting his tender. All addenda / corrigenda shall become part of the tender documents.

5.0Transfer of tender documents purchased by one intending tenderer to another is not permissible.

6.0INSTRUCTION FOR FILLING IN THE TENDER.

7.0 All documents shall be submitted online as per the instruction given in NIT.

8.0All future correspondence shall be submitted to the above mentioned address only.

9.0The successful bidder (On post award stage) shall submit the labour licence as issued by the competent authority under contract act. Labour (Regulation and Abolition) Act or a copy of treasury challan as a token of having, submitted the application for licence within 07 days from the date of issue of Award and in case of failure to produce the same within the stipulated time period, the contract may be deemed to be cancelled / terminated. The contractor will have to follow all rules and regulations pertaining to payment of minimum wages, act as notified by Central Govt. applicable to project site, Surat. He will also be solely responsible for implementation of all provisions contemplated under the contract labour (Regulation and Abolition) Act and its rules made there under.

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NIT no -40042954

10.0If the rates / Prices quoted by the successful bidder for certain items of the bill of quantities (wherever such rates / prices have been called for in the bids) are found to be abnormally high or low in relation to the Engineer’s estimated cost or the work to be performed under the contract, then NTPC may require the bidder to produce detailed rate / price analysis for any or full items of the bill of quantities to demonstrate the internal consistency of these rates / prices with the ‘construction methods and schedule proposed. After evaluation of the rate / price analysis, NTPC may require that the amount of the performance security be increased at the expense of the successful bidder to a level sufficient to protect NTPC against financial loss in the event of default by the contractor under the contract if award is placed on recommended bidder.

11.0The contractor shall meet all statutory and legal obligation- in respect of contract labour engaged by them or any of their sub-contractor(s).

12.0NTPC reserves the right to accept or reject any or all tenders with out assiging any reason there of or split the work among more than one tenderer.

NTPC reserves the right of accepting the whole or any part of the lender and tenderer shall be bound to perform the same at their quoted rates.

If the tenderer do not participate in the tender, reasons for non participation are to be submitted in the form of regret latter. If any bidder does not respond in tender consequently three times it will be presumed that he is not interested to do work in NTPC and his registration is liable for cancellation without giving any further opportunity.

13.0Proof of “Sales Tax and Income Tax” clearance certificates and other credentials shown at the time of obtaining tender documents will be submitted alongwith the tender.

14.0While submitting tenders, tenderers must submit a phased programme for execution of the work , within stipulated time period. Tenders submitted without such programme may be treated as a incomplete tender.

15.0Clause No. 22 section “Notice inviting Tender” of General conditions of contract for civil works may please be read as “NTPC Ltd.” does not bind them selves to accept the lowest or any tender or give

any reasons for their decision. The owner also reserves the right to allow to the public sector undertaking purchase preference facilities as admissible under the existing policy.

16.0The tenders shall be opened at 3.30.00 P.M. on LAST DATE OR RECEIPT OF TENDER as specified in the NIT.

17.0Bid documents duly filled’ must be submitted online before 03.00 P.M. on the scheduled date of opening. NTPC shall not be responsible for any delay on any account.

18.0Tenders without earnest money are liable to be rejected. Adjustment of EMD against any bill or EMD or other tenderers are not acceptable. Tenders registered with any other project of NTPC are not exempted from. deposition of EMD.

19.0OTHER DETAILS.

(i)The offer must contain the name, residence and ‘place of business of the persons submitting the tender.

(ii)Tender by partnership firm must be furnished with names of all partners and be signed with the partners name followed by the other authorized representative(s).

(iii)Tenderer by Corporation / company must be signed with the legal name of. The corporation/company by the president or Managing Director or by the secretary other persons authorized to tender on behalf of such corporation / company in the matter.

(iv)Company / corporation should enclosed with the offer a copy Memorandum / Articles of Association. Certificate of regulation and / or certificate of incorporation.

(v)The partnership firm should furnish the partnership deed along with the offer.

(vi)In case proprietorship firm the proprietor must submit an affidavit declaring his identify and proprietorship.

(vii)In case of persons holding power of Attorney must submit a photocopy of power of Attorney duly signed & stamped by Notary public.

(viii)In all cases address of head office / registered office of the firm/company must be indicated.

(ix)Satisfactory evidence of authority of the persons signing on behalf of the tenderer shall be furnished with the tender.

(x)The tender’s name stated on the proposal shall be the exact legal name of the firm.

(xi)Eraser or other changes in the tender documents shall have the initials of the person.

(xii)Tender not confirming to the above requirements may be disqualified / rejected.

20.0The documents mentioned in clause No 19. (i) to (xii) above should be submitted by the bidder online in “C” folder.

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NIT no -40042954

ONLY FOR EMD AMOUNT ABOVE RS.50,000.00

PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT

NON - JUDICIAL STAMP PAPER VALUE Rs. 100/-

Ref:

Date:______________

BANK GUARANTEE NO: ______________

TO

NTPC Limited.

Kawas Gas Power Project

P.O.: -Adityanagar, Dist: Surat (Gujarat)

Pin- 394516

Dear Sir,

In consideration of NTPC Limited, having its Registered office at NTPC Bhawan, Scope Complex, 7, Institutional Area, Lodi Road, New Delhi – 110 003 (hereinafter called the “Owner” which expression shall unless repugnant to the subject or context include its successors and assigns) having issued Invitation for Bid under NIT No______________ M/S______________(Name of Bidder)*______________ having its Registered/ Head Office at______________ (here in after called the “Tenderer”) who wishes to participate in the said tender for ______________ (write Package name)______________. An irrevocable and unconditional Bank Guarantee against Bid Security for an amount of Rs.______________ valid up to______________ is required to be submitted by the tenderer in lieu of cash deposit, as a condition precedent for participation in the said tender.

We, the ______________ Bank incorporated under ______________ law and having one of our branches at ______________ and having our Registered Office/Head Office at

______________ (address) ______________ do hereby unconditionally and irrecoverably guarantee and undertake to pay to the “Owner” immediately on demand without any demur, reservation, protest and recourse to the extent of the said sum of Rs.______________ (Rupees

______________only). Any such claim/demand made by the said “Owner” on us shall be conclusive and binding on us irrespective of any dispute or difference raised by the tenderer.

This guarantee shall be irrevocable and shall remain valid up to ______________. If any further extension of this guarantee is required, the same shall be extended to such required period(s) on receiving instructions from M/s ______________ (Name of Bidder)* ______________ on whose behalf this guarantee is issued.

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NIT no -40042954

In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this

______________ day of ______________ 20______ at ______________.

1.(*) Write the name and addresses of all the Joint Venture partners, in case the bid is submitted by a Joint Venture in terms of Qualifying Requirements.

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

3.The Stamp Paper of appropriate value shall be purchased in the name of guarantee issuing Bank/Bidder.

4.While getting the Bank guarantee issued, Bidders are requested to ensure compliance to the points mentioned in Bank Guarantee Verification Check List in the bidding documents. Bidders are required to fill up this Check List and enclose the same along with the Bank Guarantee.

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NIT no -40042954

(ON NON - JUDICIAL STAMP PAPER OF 100/-)

PROFORMA OF EXTENSION OF BANK GUARANTEE)

Ref. No:

Date:______________

TO

NTPC Limited.

Kawas Gas Power Project

P.O.: -Adityanagar, Dist: Surat (Gujarat)

Pin- 394516

Dear Sir(s),

Subject : Extension of Bank Guarantee No______________ Dated______________ for Rs.____[indicate value of bank guarantee]__________ (herein after called original Bank Guarantee) favouring yourselves expiring on______________on account of M/S

______________(Name of Bidder) ______________ in respect of Contract for

______________ (Insert package name) ______________ for Kawas Gas Power Project, Contract No______________ Dated______________

At the request of M/S______________(Name of Bidder) ______________ We

______________ Bank branch office at ______________ and having its Head Office at

______________ do hereby extend our liability under the above mentioned Guarantee No

______________ dated ______________ for a further period of ______________

year/months from ______________ to expire on ______________.

Except as provided above all other terms and conditions of the original Bank Guarantee No

______________ dated ______________ shall remain unaltered and binding-

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

been attached-

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NIT no -40042954

GUIDE LINES ON BANK GUARANTEE

The following points are required to be noted by the bidder who intends to submit Bank Guarantee towards Earnest Money-

01.Non judicial stamp papers on which Bank Guarantee is typed must be purchased in the name of the executing Bank or the Bidder on whose behalf the BG has been issued.

02.The Bank Guarantee must be executed on the non-judicial stamp paper of Rs.100/-.

03.The Bank Guarantee must be furnished as per the proforma enclosed (Page-13 above) with the tender document-

04.The stamp paper should not be older than six months from the date of execution of BG.

05.The Bank Guarantee should never be typed on both sides on non-judicial stamp papers.

06.The executing officer of BG indicate his name, designation and Power of Attorney No./ Signing Power No, on the BG.

07.Each page of BG must be duly signed/ initialed by executant and stamp of Bank is affixed thereon.

08.The last page of BG must be signed with full particulars including one witness under seal of Bank as required in the prescribed proforma.

09.All overwriting / cutting, if any on the BG must be properly authenticated under signature & seal of executants.

10.Executing of Bank guarantee must be witnessed by one person.

11.Name and official address of Witness must be mentioned.

12.Three months time must be given to file claim or suit from the date of expiry of the Bank Guarantee.

13.The Act under which issuing’ Bank constituted should be correctly given.

14.The Bank Guarantee should be unconditional & irrecoverable and shall be operative till forty five (45) days beyond the original Bid validity period (6 month) or beyond any extension in the period of Bid validity subsequently requested.

15.All dates should be carefully and correctly put in the Bank Guarantee.

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NIT no -40042954

ANNEXURE-III

NTPC Limited.

Kawas Gas Power Project

P.O.: -Adityanagar, Dist: Surat (Gujarat)

Pin- 394516

BANK GUARANTEE VERIFICATION CHECK LIST

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NIT no -40042954

ANNEXURE-I

LIST OF BANKS WHOSE EMD'S / BG’S ARE ACCEPTABLE TO NTPC

FOR BID GUARANTEE

SCHEDULED COMMERCIAL BANKS

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NIT no -40042954

ANNEXURE – II

LIST OF BANKS WHOSE BG’S ARE ACCEPTABLE TO NTPC

AS SECURITY FOR LOANS/ ADVANCES AND CONTRACT PERFORMANCE

E. OTHER PUBLIC SECTOR BANKS

1. IDBI Ltd

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NIT no -40042954

PROFORMA OF LETTER OF UNDERTAKING

(To be submitted by the bidder alongwith his tender in separate Envelop)

(To be executed on non-judicial Stamp paper of value Rs.10/-)

Ref. No:

Date:______________

TO

NTPC Limited.

Kawas Gas Power Project

P.O.: -Adityanagar, Dist: Surat (Gujarat)

Pin- 394516

Dear Sir(s),

1.I*/We* have read and examined the following bid documents relating to the______________

(full scope of work) ______________.

a.Notice Inviting Tender.

b.Conditions of Contract for Civil Works containing Sections “Notice Inviting Tender” and General Conditions of Contract for Civil Works (GCC) alongwith Amendment/Errata No.1 to GCC.

c.Special Conditions of Contract alongwith annexures.

d.Tender Drawings.

e.Technical Specifications.

f.Information Questionnaire.

2.I*/We* hereby submit our tender and undertake to keep our valid for a period of 06 (Six) months from the date of opening of tender i.e. upto______________. I*/We* shall not vary/alter or revoke my/our Bid during the validity period of tender.

This undertaking is in consideration of NTPC agreeing to open my */ our * tender, consider and evaluate the same for the purpose of award of work in terms of provisions of tender documents.

Should this tender be accepted, I*/We* also agree to abide by and fulfill and comply with all the terms, conditions and provisions of the above mentioned tender documents

* Strike out whichever is not applicable.

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NIT no -40042954

PREAMBLE OF BILL(S) OF QUALITIES

1.The bill of quantities is (are) to be read in conjunction with the form of tender, general and particular specification, general and special conditions of contract drawings. These documents shall be jointly complimentary to each other and are explanatory and descriptive of the works involved in the contract.

2.Tenderers are advised to go through the tender provisions carefully and quoted their rates taking into account all the assumption(s) made by the tenderer which are contrary to the provisions of these documents and or not specifically brought out by the tenderer at the time of submission of tender.

3.The drawing (s), if attached with these documents, are for the purpose of tender only giving the tender the general idea of the nature and extent of works in accordance with “Construction drawing” (to be supplied later as per general conditions of the contract) taking account the design aspect of these drawings.

4.The rates instead in the bill (s) of quantities shall also be deemed to be for the full inclusive value of the work described under several items including all costs and expenses which may be required for the construction and full protection of the work described together with all general risks involves liabilities and obligations set forth or implied in the documents on which the tender is based.

5.The quantities of work shown in the BOQ (s) are approximation and shall not be considered to be limiting the scope of work in any way. Work shall be measured on completion and priced at the rates quoted in the, BOQ (s) under the relevant items of work.

6.General directions and description of works and materials given elsewhere in the tender documents are not necessarily repeated in the bill(s) of quantities, reference is to be made to other documents for full information / details.

7.Unless otherwise specified in the description of items of work in bill(s) quantities, the rates quoted by the tender shall be for all heights and depths.

8.The tenderer will be held to have visited the side before submitting his tender and to have examined for him self the conditions under, which the work will be carried out, including local conditions effecting labour and materials procurements and to have satisfied him self that the rates quoted by him / Them provide for all minor accessories and the rates contingent works of services necessary for the works described even though they are not specifically defined there in where the specifications for them or work to be executed under his contract are not available in these documents the latest is specifications and code of practice shall be followed.

9.Where in the tender finds difficulty in understanding the implication of any of the provisions in the tender documents he should get the clarification required by him from the authority issuing the tender documents before submitting his tender. No Claim shall be entertained at a later date for any assumption / presumptions made by him.

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NIT no -40042954

TENDER GENERAL TERMS AND CONDITIONS

01.Bidder is deemed to have assessed & considered all site conditions before quoting rates, terms & conditions. Successful bidder has to complete the entire work in all respects with proper care, accuracy, speed, promptness, quality, workmanship and hand over the same within the completion period.

02.In case of items for which the technical specifications are not comprehensive, the work shall be . executed in accordance with latest CPWD / IS Specification.

03.The completion period for this work shall be as indicated in NIT.

04.Time is the essence of the contract and if the contractor fail to maintain required progress in terms of conditions 13 of the General conditions for contract or to complete the work and clear the site on or before the contract period or extended date / period of completion, if any, provision of clause No. 32 of General condition of contract shall be applicable.

05.Prices are firm till completion of the work and no. escalation will be allowed due to any cause whatsoever.

06.All instructions of Engineer-in-charge regarding installation of labour hutments, maintenance and improvement of services are to be implemented by the contractor. In case of non- compliance by the contract within reasonable time, the corporation shall execute them. The cost of the same shall be recovered from the contractor’s dues without any notice.

07. The work is to be executed for “Renovation / Re-development of Old Township at NTPC-Kawas” or otherwise specified in the name of work.

08.It shall be the sole responsibility of the contractor to ensure accuracy of layout / alignment and levels and quality of work.

09.The contractor shall meet all statutory and legal obligation- in respect of contract labour engaged by them or any of their sub-contractor(s).

10.Successful bidder shall have to execute a formal agreement on Non-Judicial stamp paper of Rs. 100/ - only within one month of issue of detail letter of award, failing which no payment shall be released.

11.All the materials to be brought by the successful bidder for incorporation in this work shall be strictly in accordance with BOQ , the relevant clause to Technical Specifications, specification and General Conditions of Contracts.

12.Successful bidder shall perform the work with all labour materials, fittings and T&P complete in all respects based on Tender documents and as directed by the Engineer-in-charge and as per the terms & conditions contained in the bid documents.

13.All incidental items not shown or specified but reasonably implied for successful completion of the work shall be provided by the bidder at his own cost. Decision of the Engineer-in-charge will be final in this regard.

14.All extra items, if necessary for completion of the work shall have to be executed with prior permission of EIC.

15. In case of conflict amongst the various drawings, the decision of the Engineer-in-charge shall be final and binding.

16. It shall be sale responsibility of the contractor to ensure accuracy of layout alignment levels and quality of the work.

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17.Taxes & Duties : Rates are inclusive of all Taxes & duties as leviable excluding service

tax.

Service Tax :

A.The bidders have to quote their rates exclusive of Service tax as applicable as per Service tax Act.

B.If service tax as per Reverse Charge Mechanism (RCM) is applicable as per Service tax Act, the applicable service tax amount for the Service receiver portion will be deposited by NTPC against the Running bills of the vendors.

C.In case bidder is silent about Service tax, it will be presumed that the quoted rates are exclusive of Service tax.

D.In case the quoted rates of bidder are exclusive of service tax, i,e Service tax extra, the bid evaluation will be done considering service tax at applicable rates.

E.The bidder must possess Service Tax registration number .

18.COMPENSATION FOR DELAY :

Time is the essence of the contract & successful bidder has to maintain required progress in terms of relevant clause of the General Conditions of Contract are as per agree a work schedule or to complete the work & clear the site in all respects an / or before the contract period / extended date / period of completion, if any, provision of relevant clause of GCC shall be applicable.

19.The rate for all other additional / substituted / altered items which may crop up during the execution of the work, shall be determined as per the provisions in GCC.

20.Rates quoted should be inclusive of all taxes levies and duties imposed by the State / Central Govt. in respect of materials to be purchased & incorporated by the bidder in the work. The rates are also inclusive of all expenses such as tools & plants, labour etc. As the job awarded under this contract shall be WORKS CONTRACT, the sales tax on turnover / works contracts leaved under law is payable by the successful bidder to the concerned Govt.. authority as per prevailing norms at his cost. As per the directive of local sales tax authority all the contractors are now required to be registered dealers”& any liability” arising out of non- registration shall be to contractor's account.

21.Income Tax at applicable rates of the gross value of the contract shall be deducted from “an account bills” unless exempted by the Income Tax department. Proof of copy of certificate in this regard has to be submitted by the party to our Fin. Dept.

22.Source deduction of Sales tax applicable an works contract will be guided by prevailing norms of appropriate Govt & its amendment issued from time to time.

23.a) Security deposit will be guided by standard norms of GCC. (excluding the deduction of security deposit which will be governed by the clause 27. (c) below.

b) 100% security deposit shall be refunded only after completion of contract period / guarantee period & defect liability period and an certification from Engineer-in-charge that all statutory formalities have been fulfilled where there is no defect liability period.

c)Security deposit shall deducted @ 10% of gross amount of each R/A bill irrespective of contract value.

d)Total value of security deposit shall be as under:

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NIT no -40042954

24.a) That the successful bidder shall be obligated to follow all the provisions of contract labour (Regulation & Abolition) Act, payment of Bonus Act Minimum wages Act notified by Govt. of Gujarat, where in labour payment is to be made strictly as per above rate, and variation if any during the currency of the contract as notified by Central Govt. subject minimum as specified under para b below Further they are obligated to follow Equal Remuneration Act, lnter State Migrated workmen (Regulation of Employment & Condition of Service) Act, Workmen’s compensation Act & payment of Wages Act.

b)Contracting Agency has to ensure payment of Minimum Wages to the work force deployed for the work. The same shall be as prevailing rate of State/Central Govt., whichever is higher during the period of work.

CONTRACTOR HAS TO QUOTE RATES ON FIRM PRICE BASIS DURING THE CURRENCY OF CONTRACT TAKING ALL FACTORS INTO CONSIDERATION AND NO ESCALATION IN THE RATE QUOTED WHATSOEVER SHALL BE ALLOWED ON THE PLEA OF ESCALATION OF WAGES; PRICE OF ANY MATERIAL AND CONSUMABLES,UNLESS OTHERWISE MENTIONED.

25.INSURANCE : The contractor at their own cost shall cover their workmen under Group

Insurance Scheme covering Workmen’s Liability. The insurance is to be done before start of work.

IRRESPECTIVE OF WHATEVER HAS BEEN STATED ELSEWHERE IN BID DOCUMENTS, THE BIDDER MUST INCLUDE THE COST OF INSURANCE OF HIS EMPLOYEES IN THE BID.

26The contractor is to ensure safety to his workman engaged in his job and is to follow standard safety norms. Safety items as required shall have to be arranged by the contractor at his own cost.

27While Deploying manpower, all safety precaution is to be taken.

28You have to get your workers engaged in this contract examined by Registered private medical practitioner / Government doctor as per the format available with EIG. within 15 days of start of the job. This certificate shall be valid for a period of none year & is to be renewed subsequent to accidental injuries sustained if any, by the worker before one year.

29The contractor shall make the payment to their workers in the presence of EIC/ his authorised representative before the expiry of the seventh (07) day from the end of the wage period. NTPC shall be processing the running bills only after the contractor makes the payment to their workers.

If the contractor fails to make the payment to their workers before the expiry of the 10th day from the end of the wage period, NTPC shall be making payment the workers directly and the expenses shall be recovered from the contractor’s account along with an inconvenience charge of 20%. In addition in this, any other actions as deemed necessary shall be taken by NTPC against the contractor.

The contractor shall have to give off/rest to the labourers as per Factory act. The contractor have to pay double the minimum wage, if the labours are engaged on rest days. However no extra claim shall be entertained by NTPC.

30a) The bidders should have, separate & independent code number from provident Fund Authorities & they are obligated to follow the rules & provisions as prescribed in the provident Fund Act & Schemer They are obligated to follow the prevailing rate of contribution. The principal Employer shall exercise all his power to enforce the provision of Provident Fund Act, Bonus Act, Minimum wages Act. ‘Payment of wages Act & all other labour laws & safety laws applicable to the workers ad can take punitive measures against the tenderer. )

b)The contractor shall meet all statutory and legal obligation including PF liability, retrenchment benefits etc. In respect of contract labour engaged by them or any of their subcontractor(s) during execution of contract.

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NIT no -40042954

c) Successful bidder have to submit “NO DUES CERTIFICATE” to the effect that they have discharged P.F. liabilities in respect of contract labours employed by them, otherwise, final payment shall not be released. Further successful bidder have to obtain a Clearance Certificate from the P.F., Office before applying for release of final bill.

31All differences and disputes between the parties arising but of the contract shall be settled by the process of Settlement of Disputes and Arbitration as ‘specified in clause no. 56 of GCC for

civil works and only within the Jurisdiction of the District Court Surat and / or Gujarat

HIGH COURT,Ahmedabad.

32In addition to above, NTPC General Conditions of Contract for civil works (along with its amendments / errata) shall also be applicable which can be referred to in our office.

33NTPC reserves the right of accepting the whole or any part of the tender and tenderer shall be bound to perform the same at their quoted rates.

34If the tenderer do not participate in the tender, reasons for non participation are to be submitted in the form of regret latter. If any bidder does not respond in tender consequently three times it will be presumed that he is not interested to do work in NTPC and his registration is liable for cancellation without giving any further opportunity.

35If the contractor fails to do the job satisfactorily, or unable to complete the job, NTPC reserves the right to get the job done through other agencies at the risk and cost of the original contractor.

36Liquidated damage shall be imposed for delay in completion of the job as per GCC.

37Initial Security Deposit (ISD) shall be 02% (two per cent) of award value of work. EMD of successful bidder shall be converted to ISD.

38These “Tender Terms and conditions” supersedes “GCC” wherever applicable.

39Registration of Establishment under-7 of Building & other construction workers (Regulation of Employment and conditions of service) Act,1996 and supply of information relating to Building & other construction work. The said registration shall be ensured by the agency prior to commencement of work and the cess, as applicable ,shall be paid by the agency and the same shall be reimbursed to the agency by NTPC on production of documentary proof.

40CONTRACT PERFORMANCE FEEDBACK AND EVALUATION SYSTEM:

The owner has in place an established contractor performance and feedback system against which the contractor’s performance during the execution of contract shall be evaluated on a continuous basis at regular intervals. In case the performance of the contractor is found unsatisfactory on any of the following four parameters, the Contractors shall be considered ineligible for participating in future tenders of NTPC for a period as may be decided by the Employer.

-Financial status

-Project Execution and Project Management Capability

-Engineering & QA Capability

-Claims & Disputes

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NIT no -40042954

SAFETY CLAUSES FOR CONTRACTS

GENERAL

01.The employees employed by the contractor should be skilled/competent in accordance with the job requirement to the satisfaction of Engineer-In-Charge. Engineer-In-Charge shall have a right to remove any employee of the contractor, whom he feels to be incompetent. The contractor shall employ sufficient number of supervisors to ensure supervision at all places of his work at all the times.

02.No person should be allowed to carry, lift or move any load so heavy which may likely to cause him injury as prescribed under Gujarat state factories rules.

REPORTING OF ACCIDENTS

01.In case of any injury, the contractor shall send the injured person to NTPC plant Hospital/Dispensary/First Aid Centre, where the injured shall be given the first aid treatment and the quantum of permanent disablement/temporary disablement shall be assessed to ensure payment for compensation to be paid, by the contractor to the victim.

02.In case the subsequent treatment is given in other than NTPC Hospitals, the contractor shall submit full information about the treatment of injured persons including his address etc. till the injured person is certified fit by any Govt. NTPC doctor. He shall submit such record to NTPC Safety Dept. within 15 days of certified fit by Doctor as above.

03.The contractor shall report immediately about the serious injury/fatality in his work area to the local police station, Distt. Magistrate, Safety Officer In charge and Engineer-In-Charge. Within 2 hours of occurrence he shall submit full details of accident in writing to Safety Officer In charge and Engineer-In-Charge on the prescribed format. In case of near miss accidents/minor injury, he shall report the same to Safety Officer in charge and Engineer-In-Charge immediately after referring the injured to NTPC Plant Hospital/Dispensary/First Aid Centre.

04.Whenever asked by NTPC, the contractor shall send his employees to depose in any enquiry arising out of any injury/fatality/loss etc. without any reservation.

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Special Condition For MSME Bidders

Tender document will be issued free of cost to Micro and Small Enterprises. Such Enterprises are not required to submit EMD, however they have to submit copy of Enterprise Memorandum II/NSIC certificate issued by DIC/ or any other body specified by Ministry of Micro, Small and Medium Enterprises GOI.

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CONTRACTOR/TENDERER

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