NTPC LIMITED FARAKKA

BID DOCUMENT

FOR SUPPLY OF FLY ASH FROM

NTPC FARAKKA SUPER THERMAL POWER STATION,

FARAKKA

SPECIFICATION NO.
NTPC/ASH- SUPPLY/DOM/FARAKKA/18-19/01
E-Auction No. : MSTC/ERO/NATIONAL THERMAL POWER CORP
FARAKKA/1/FARAKKA/18-19/11845

NTPC LIMITED - FARAKKA

Address- PO- Nabarun, Dist- Murshidabad
(W.B.) Pin- 742236

NIT No. NTPC/ASH-SUPPLY/DOM/xxx/18-19/01 1

 Table of Contents
INVITATION FOR BIDS Page No.
1. Introduction .................................................................................................... 05
2. Scope of Supply: ............................................................................................ 05
3. Bidding Detail ................................................................................................. 05
4. Procedure for registration, Prebid security..................................................... 06
5. Eligibility for bid participation .......................................................................... 06
6. Qualifying Requirements for the Bidders……………………………………..07
7. Submission of Bids .............................................................................. …….. 07
8. Contact Details………………………………………………………………….......07

9. Websites: - ................................................................................................... ..07

DEFINITIONS
10. Definitions ..……………………………………………………………..……...08
INSTRUCTION TO BIDDERS
11. Introduction .................................................................................................... 10
12. Scope of Supply ............................................................................................. 10
13. The Bidding Documents ................................................................................. 10
14. Validity of Bids................................................................................................ 10
15. Bid Security .................................................................................................... 10
16. Submission of Bids......................................................................................... 11
17. Prebid Requirement……………………………………………………………...11

18. Modification and Withdrawal of Bids .............................................................. 11

19. Bidding Schedule ........................................................................................... 11
20. Supplier’s Right to accept any Bid or to reject any or all Bids........................ 11
21. Supplier’s Right to Vary quantities at the Time . ............................................ 11
of allocation/Supply
22. Contract Performance Guarantee (CPG) ....................................................... 11
23. Qualifying Requirements for the Bidders ....................................................... 11
24. Understanding and Clarification of Bid Documents. ...................................... 12
25. Award for supply of Fly Ash ............................................................................ 12
26. Bid Proposal Schedule .................................................................................... 12
27. Uniform Bid quantity over the allocation period .............................................. 12
28. Check List ....................................................................................................... 12
29. Deviation .........................................................................................................13
30. Fraud Prevention Policy ..................................................................................13
GENERAL CONDITIONS OF SUPPLY
31. Acquaintances of local conditions; ................................................................... 14
32. Language of the Contract …………………………………………..…………..14

NIT No. NTPC/ASH-SUPPLY/DOM/xxx/18-19/01 2

33. Confidentiality …………………………………………………………………....14
34. Examination of Bids and Determination of Responsiveness ........................... 14
35. Settlement of disputes …….…………………………………………………....14
36. Arbitration …………..…………………………………….………………………14
37. Force Majeure ………………………………………....……………………….…15
38. Insurance & Buyer’s Liability ........................................................................... 16
39. Suspension of the supply ................................................................................ 16
40. Indemnity for defense of Suits ........................................................................ 16
41. Recovery of Sums Due ................................................................................... 16
42. Safety Requirements....................................................................................... 16
43. Disorderly Conduct.......................................................................................... 16
44. Jurisdiction of Court ……………...…………………………………………..…17
45. Fraud Prevention Policy ..................................................................................17
SPECIAL CONDITIONS OF SUPPLY
46. Scope of Supply ..............................................................................................18
47. Working Hours…………………………………………………..……………….18
48. Delivery Point ..................................................................................................18
49. Quality of fly ash..............................................................................................18
50. Methodology for Pricing …………………………………………………..………18
51. Price & Bidding Methodology …………………..………………...……………..18
52. Evaluation Criterion of Bids . …………………………………...…………...........19
53 Award Criteria……… ………………………………………………………....….....19
54. Award Price ……………………………………………………...………………......20
55. Period of Supply………………………………………………...……………………20
56. Upward Quantity Flexibility………………………………………………………….20
57. Payment terms & Bank Charges …………………………………….…….………20
58 Commencement of first offtake… ………………………………..………………..20
59. Weighment for invoicing ............................................................................ …..20
60. Compensation against short fall during regular off take ................................. 20
61. Termination of contract ................................................................................................ 20
62. Shortfall in supply by Supplier ......................................................................... 21
63. Taxes, Duties and Levies…………………………………………………………..22
64. Delivery…………………………………………………………..……………. … 22
65. Responsibility During Transportation ………………………………..……...........22
66. Billing ........................................................................................................... …22
NIT No. NTPC/ASH-SUPPLY/DOM/xxx/18-19/01 3
ANNEXURES

Annexure - I SCHEDULE FOR QUALIFYING REQUIREMENT.......................................... 23

Annexure - II STATEMENT OF DEVIATIONS/EXCLUSIONS…………………………... 25
Annexure - III CHECKLIST FOR SUBMISSION ALONG WITH DOCUMENTS …......26
Annexure - IV UNDERTAKING FOR USAGE OF FLY ASH ……………… …………… ….. 27

Annexure - V PROFORMA OF BANK GUARANTEE FOR CPG ………………… ………... ..28

Annexure – VI PROFORMA FOR EXTENSION OF BANK GUARANTEE….. …… …………..311

Annexure - VII LIST OF BANKS ………………………………………………………………………32

Annexure - VIII MODEL AWARD LETTER FOR SUPPLY OF FLY ASH FROM FARAKKAx…..34

Annexure - IX BIDDER DETAILS ………………………………………………………………….39

Annexure - X … FORM OF ACCEPTANCE OF FRAUD PREVENTION POLICY …..……. ……41

Annexure - XI …PRICE REVISION CLAUSE(OPTIONAL)………………………………………….42

NIT No. NTPC/ASH-SUPPLY/DOM/xxx/18-19/01 4

 NTPC LTD FARAKKA
INVITATION FOR BIDS FOR SUPPLY OF FLY ASH FROM

FARAKKA SUPER THERMAL POWER STATION

Tender No: NTPC/ ASH-SUPPLY / DOM / FARAKKA/ 18-19/01 Date: 04.05.2018

1.0 Introduction
NTPC LIMITED FARAKKA (henceforth referred to as NTPC FARAKKA which expression shall
unless repugnant to the context or meaning thereof be deemed to include its successors and
permitted assigns) intends to promote utilization of fly ash as resource material. To facilitate this,
NTPC FARAKKA wishes to supply fly ash for a period of one year which may be extended for further
one year period based on Cement price Index. NTPC FARAKKA thus invites bids from eligible and
interested buyers for supply of fly ash from the units 2, & 6 or any other designated point of NTPC
FARAKKA SUPER THERMAL POWER STATION (henceforth referred to as NTPC, FARAKKA) as
mentioned below:

2.0 Scope of Supply:

The fly ash shall be supplied to the interested buyers from the designated delivery point(s) i.e. from
Silos of the Unit 2 & 6 or any other designated point of NTPC FARAKKA. The buyer(s) shall make
arrangements for taking delivery and transport the fly ash through trucks. The quantity available for
supply from NTPC, FARAKKA is brought out as under:

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

available supplied Supply (w.e.f.
01.09.2018)

FARAKKA SUPER THERMAL 200000 MT / on “as available” 01 year +01

POWER STATION, FARAKKA Annum basis year

( Extendable)

3.0 Bidding details

Detailed conditions and scope of work are given in the bid documents/FARAKKA, which can be
downloaded from the websites referred below:

: NTPC/ASH- SUPPLY/DOM/FARAKKA/18-19/01
Bid Document No.
: MSTC/ERO/NATIONAL THERMAL POWER CORP
E Tender no.
FARAKKA/1/FARAKKA/18-19/11845

Period of supply : 01 Year

Period of availability of bid

document for i)registration,
: From 22.07.2018 to 14.08.2018
ii)submission of EMD and
iii) QR document

Submission of Bids : from 12:00 hrs dt 21.08.2018 to 16:00 hrs dt. 21.08.2018

Bid Security EMD @ Rs 4 /MT with minimum amount of Rs. 48,000.00/-

NIT No. NTPC/ASH-SUPPLY/DOM/xxx/18-19/01 5

4.0 Procedure for registration & payment of pre bid security
Only the customers registered with the website www.mstcecommerce.com can submit pre bid
EMD/Bid security through e -payment Gateway. Procedure for payment of bid security through
MSTC e- payment gateway is as follows:

STEPS FOR PAYMENT THROUGH INTERNET PAYMENT GATEWAY AVAILABLE AT THE LOGIN
PAGE OF THE SYSTEM

STEP 1 ENTER BUYER USER ID AND PASSWORD

STEP 2 GO FOR ONLINE PAYMENT WINDOW BY CLICKING AT THE PAYMENT

LINK

STEP 3 SELECT THE FOLLOWING OPTIONS FOR PAYMENT

1. PREBID EMD

2. EMD

3. MATERIAL VALUE

4. VAT AND TCS

5. SERVICE CHARGE

STEP 4 SELECT THE REGION / BRANCH OF MSTC

STEP 5 SELECT AUCTION NO.

STEP 6 SELECT LOT NO.

STEP 7 AMOUNT TO BE ENTERED

STEP 8 BUYER HAS TO FIND HIS BANK AND MAKE ONLINE PAYMENT

STEP 9 1. BANK HAS TO GIVE REPORT AS DESIRED BY MSTC

2. BUYER HAS TO INFORM RECEIPT NO. ALONGWITH THE DETAILS

MENTIONED AT STEPS 3 TO 7.

New buyers can register with MSTC well before the last day of submission of bid security.

5.0 Eligibility for bid participation

Only those buyers who
i) register themselves with MSTC as per specified guidelines for registration, displayed on MSTC
website www.mstcecommerce.com and
ii) have remitted UNCONDITIONAL PRE BID EMD as per the applicable terms,
iii) submitted qualifying documents at NTPC FARAKKA well before the last day of submission of
documents as per Annex 1 and found correct as per terms and conditions of the e – tender shall
be eligible to participate in the bidding process.

Note:
1. Net Banking Option: The amount shall be credited in …….., so the buyer should preferably remit
the fund through Net – Banking 24 hours before the last day mentioned in the MSTC e
tender/auction catalogue. Fund transfer through Net Banking is NEFT transaction and the same will
be credited in MSTC account the very next day excluding Sunday/holiday as per RBI guidelines.

NIT No. NTPC/ASH-SUPPLY/DOM/xxx/18-19/01 6

 2. Buyer has to inform the details such as amount transferred, date of transfer, buyers bank name,
UTR no., Auction no., Lot no(!)., payment type such as pre bid EMD, EMD, material value, taxes, full
value, etc. to the concerned MSTC official i.e the contact person as detailed in the e tender/auction
document/catalogue on the same day of the transaction. MSTC has no responsibility of delay in
issuing of AL etc. in case buyers fail to inform by mail.

6.0 Qualifying Requirements for the Bidders

a) Bidder should be an individual, a partnership firm or a company.
b) The average turnover of the bidder for the last three financial years should be at least

i) Rs.3 Lakhs/ annum for the bid quantity upto 12,000 MT/annum,
ii) Rs.10 Lakhs/ annum for the bid quantity upto 50,000 MT/annum,
ii) Rs.25 Lakhs/ annum for the bid quantity > 50,000 MT/annum and upto 2,00,000
MT/annum and,
iv) Rs.50 Lakhs/ annum for the bid quantity > 2,00,000 MT/annum..
c) In case of existing or newly formed firm/company, the turnover of either its own or the turnover of the
other firm / company in which major share holder/promoter/partner is also the major
shareholder/promoter/partner in bidding company may be considered but not in combination of both.
d) Bidders shall submit an undertaking of utilizing the Fly Ash in Cement, Construction or any other Ash
based product / Industry (Annex IV).
Note: -Balance Sheet
Audited balance sheets showing the business turnover and profit & loss account for last three
financial years of the company on whose turnover qualification has been sought should also be
submitted along with the proposal. (Individual or a partnership firm or a company not falling under
statutory requirement of audit, has to submit a certificate from Chartered Accountant certifying the
average turnover of the last three Financial Years indicating the year wise turnover).

7.0 Submission of Bids

Bids are to be submitted by the buyer online in the MSTC website www.mstcecommerce.com
between the bid submission time as per time schedule indicated at para 3 above respectively.

8.0 Contact Details

AGM (C&M)
NTPC LIMITED-FARAKKA
PO- Nabarun, Dist- Murshidabad
(W.B.) Pin- 742236
Tel: 03512226830

9.0 Websites
For referring to Invitation for Bids, Bid documents, and downloading of the same and online bidding
following websites may be referred to: - www.mstcecommerce.com or www.mstcindia.com

NIT No. NTPC/ASH-SUPPLY/DOM/xxx/18-19/01 7

 DEFINITIONS

10 In this contract, following terms shall be interpreted as:

10.1 “The Contract” shall mean the issuance of award letter which will constitute the formation of the
Contract.

10.2 “The Contract Value” means the consideration payable to the suppliers under the Contract for the
full and proper performance of its contractual obligations.

10.3 “Day” means calendar day.

10.4 “Effective Date” means the date on which this Contract becomes effective (i.e. issue date of LOA).

10.5 “GCS” mean General Conditions of Supply contained in this document.

10.6 “SCS” means Special Conditions of Supply contained in this document.

10.7 “The Buyer” which expression shall unless repugnant to the context or meaning thereof be
deemed to include its successors and permitted assigns.

10.8 “Supplier” (i.e. NTPC LIMITED FARAKKA) which expression shall unless repugnant to the context
or meaning thereof be deemed to include its successors and permitted assigns.

10.9 “Acceptable Bank” means any of the banks referred to in Annexure – VII List of the Banks.

10.10 Awarded Quantity/Annual Contract Quantity/Annual Allocated Quantity - is the quantity of fly ash
as finalized by NTPC LIMITED FARAKKA for award during a year and shall be expressed in Metric
Tonne (MT) per annum.

10.11 “Arbitration Act” means the Indian Arbitration and Conciliation Act, 1996, as amended and modified
from time to time, including any re-enactment thereof.

10.12 Metric Tonne (MT) means 1000 Kilograms.

10.13 “Contract Term/Period” means duration of the contract together with any extension period.

10.14 “Delivery Point” means the chutes of the designated fly ash ESP Hoppers.

10.15 Dispute/Dispute Notice Refer clause 35 of bid documents.

10.16 “Engineer in charge” means the officer appointed in writing by NTPC LIMITED, FARAKKA to act
as an engineer from time to time.
NIT No. NTPC/ASH-SUPPLY/DOM/xxx/18-19/01 8
10.17 “First Off take” means the date of first off take of fly ash, by the buyer from Delivery Point in
accordance with this Agreement.

10.18 “Force Majeure” shall have the meaning ascribed to it under clause 37 of bid document.

10.19 “Governmental Instrumentality” means any central/state ministry, agency, inspectorate,

department, authority, commission or any regional or municipal authority thereof, which exercises
any sovereign/state function in India or otherwise in relation to the performance of this Agreement
by either Party including any licensing authority.

10.20 “Law(s)” means applicable laws, rules, regulations, judgments, decrees, or other legislative
measures having the force of law or issued by any government agency, instrumentality, body or
legislature, National, State or local authority or a court of competent Jurisdiction.

10.21 “Quarter” shall mean a period of 03 months and shall be calculated from the scheduled date of
commencement of contract.

NIT No. NTPC/ASH-SUPPLY/DOM/xxx/18-19/01 9

 INSTRUCTIONS TO BIDDER

11.0 Introduction
NTPC LIMITED FARAKKA, having office at PO- Nabarun, Dist- Murshidabad (W.B.) Pin- 742236
(hereinafter called “Seller/Supplier”) will sell/supply fly ash from Silos of Unit 2 & 6 of NTPC FARAKKA
SUPER THERMAL POWER STATION mentioned in the invitation for bid.

12.0 Scope of Supply

a) NTPC FARAKKA invites bids as specified in the e tender catalogue – document / bid document
for the Supply of fly ash to the interested and eligible users from the designated delivery points
in the buyer’s trucks only on as is where is basis.
b) The scope of bidder under this tender is to take delivery of fly ash from the designated delivery
point of (Silos of Unit 2, & 6) of the Station, as detailed in the bid document, in their own trucks
only.
c) Total quantity of fly ash in MT from the Station is available tentatively on yearly basis as per
details given hereunder -.

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

Available be supplied

FARAKKA SUPER THERMAL 200000 MT / On “as 01 year +

POWER STATION, Address PO- Annum available” basis
Nabarun, Dist- Murshidabad 01 year
(Extendable)
(W.B.) Pin- 742236

13.0 The Bidding Documents

The Bidding Documents shall comprise of following:
 Invitation for Bid
 Instructions to Bidders
 General Conditions of Supply
 Special Conditions of Supply
 Annexures
 E Tender document/catalogue
14.0 Validity of Bids
The Bidder shall keep the bid valid for a minimum period of one hundred eighty (180) days from
the date of opening of the bid.
15.0 Bid Security
a. The value of the Bid Security is as mentioned in Invitation for Bid at Para 3.
b. The Bid Security shall be deposited to MSTC through e payment gateway as mentioned in
the invitation for bid para 4.0 and 5.0.
c. Bid security of unsuccessful bidders shall be returned as promptly as possible, but not later
than 60 days after the expiration of the bid validity period.
d. Bid Security of successful Bidder (s) shall be returned only after submission of requisite
amount of Contract Performance Guarantee (CPG).
e. The Bid Security may be forfeited if the bidder / his representative commits any fraud while
competing for this contract pursuant to Fraud Prevention Policy of NTPC.

10
16.0 Submission of Bids
a) Bids are to be submitted by the buyer online in the web site www.mstcecommerce.com
between the bid submission time as per time schedule indicated at para 3 above
respectively.
b) Late Bids
There is no provision for submission of bids before or after the bid submission period.

17. Prebid Requirement

Only registered bidders will be allowed to participate subject to bidder meeting the prebid
requirements as per Para 5.0 above. In addition, all bidders whether Proprietor, Partnership
Firms or a Company is to submit relevant documents as mentioned at Annex 1.
18 Modification and Withdrawal of Bids
No bid can be withdrawn. However during the bidding period, bidders may modify their bid
any number of times upto the quantity proportionate to the bid security submitted, against any
price of their choice between the prescribed price band. Withdrawal of bids may result in the
forfeiture of the Bidder’s bid security.
19 Bidding Schedule
The schedule for submitting the bids is as mentioned in the e tender catalogue / in the bid
document at para 3.0 of the invitation of bid or as amended and informed to bidders from
time to time on the E tender website.

20 Supplier’s Right to accept any Bid or to reject any or all Bids

Notwithstanding anything mentioned above, the Supplier reserves the right to accept or reject
any bid, either in full or in part or to annul the bidding process and reject all bids at any time
prior to allocation of quantity, without assigning any reason thereof.
21 Supplier’s Right to vary quantities at the Time of allocation / supply
The Supplier reserves the right at the time of allocation or during the period of supply to
increase, decrease or delete the quantity of fly ash from that originally specified in the bid
documents without assigning any reason.
22 Contract Performance Guarantee (CPG)
a. Within fifteen (15) days of the issue of award letter for allocation by the Supplier, successful
Bidders shall submit the Contract Performance Guarantee for an amount equivalent to five
(5) percent of value of annual allocated quantity in the form of RTGS / Crossed Demand
Draft in favour of NTPC LIMITED FARAKKA payable at FARAKKA or through an
unconditional and irrevocable Bank Guarantee (as per Format at Annexure V). CPG
submitted in the form of Bank Guarantee shall be valid for 90 days in addition to period of
contract. List of Banks is available in Annexure VII of Bid Document
b. Failure of the successful Bidder to comply with the requirement of Submission of Contract
Performance Guarantee within the prescribed time shall constitute sufficient grounds for the
annulment of the allocation order and forfeiture of the Bid Security. In that event no damages
or compensations shall be payable to the buyer.
c. For commencement of supplies, submission of CPG is a precondition.
d. Contract Performance Guarantee (CPG) shall be released within 90 (Ninety) days after
successful completion of contract in all respects.
23 Qualifying Requirements for the Bidders
a. Bidder should be an individual, a partnership firm or a company (Ref. Annexure I).
b. The average turnover of the bidder for the last three financial years should be at least
i) Rs.3 Lakhs/ annum for the bid quantity upto 12,000 MT/annum,
ii) Rs.10 Lakhs/ annum for the bid quantity upto 50,000 MT/annum,
ii) Rs.25 Lakhs/ annum for the bid quantity > 50,000 MT/annum and upto 2,00,000

11
 MT/annum and,
iv) Rs.50 Lakhs/ annum for the bid quantity > 2,00,000 MT/annum.
c. In case of existing or newly formed firm/company the turnover of either its own or the turnover
of the other firm / company in which major share holder/promoter/partner is also the major
shareholder/promoter/partner in bidding company may be considered but not in combination
of both.
d. Bidders shall submit an undertaking of utilizing the Fly Ash in Cement, Construction or any
other Ash based product / Industry as per performa attached at Annexure IV.
Note: - Balance Sheet
Audited balance sheets showing the business turnover and profit & loss account for last three
financial years of the company on whose turnover qualification has been sought should also
be submitted along with the proposal. (Individual or a partnership firm or a company not
falling under statutory requirement of audit, has to submit a certificate from Chartered
Accountant certifying the average turnover of the last three Financial Years indicating the
year wise turnover).
24 Understanding and Clarification of Bid Documents.
a. The Bidder is expected to carefully examine the Bid documents and fully satisfy himself as to
all the conditions and matters, which may in any way affect the work or the cost thereof. If
any Bidder finds discrepancies or omissions in the Bid documents or is in doubt as to the true
intent or meaning of any part thereof, he shall at once request in writing in triplicate to the
Supplier for an interpretation/clarification of the Bid documents. However, such request must
reach the Supplier seven days before start of bid opening otherwise, the request for
clarification shall not be entertained. After receipt of such interpretation or clarifications, the
Bidder shall submit his Bid but within the time and date as specified in the invitation to Bid.
All such interpretation and clarification shall form a part of the Bid documents.
b. Verbal clarifications and information given by Supplier or its employees or representatives
shall not be in any way binding on the Supplier.
25 Award for supply of Fly Ash
a. The Supplier will issue Award letter (Model Award letter at Annexure VIII) of allocation for
supply of Fly Ash in writing to the successful Bidders in duplicate. The successful bidder shall
return the duplicate copy of the award letter duly signed & stamped as token of their
acknowledgement.
b. Supplier shall be the sole judge in this regard.
c. Bidder would be required to comply with all requirements of the notification of allocation
without any extra cost to the Supplier, failing which his bid security may be forfeited.
26 Bid Proposal Schedule
Bidders are to quote online their annual quantity requirement against the respective prices
during the bidding period.
27 Uniform Bid quantity over the allocation period
The quoted annual quantity requirement shall be considered uniform per month after
commencement of first off take for the remaining supply period.
28 Check List
a. The bidders are requested to duly fill in the check list enclosed at Annexure III.
b. The checklist gives only certain important items, to facilitate the bidder to make sure that
necessary data/information is provided by him in this proposal. This however, does not
relieve the bidder of his responsibility to make sure that his proposal is otherwise complete in
all respects.

12
29 Deviation
Any deviation taken in the terms and conditions of the e tender catalogue / Bid Documents by
the bidder will not be allowed to bid online (Annex II).

30 Fraud Prevention Policy

The Bidder along with its associates/ collaborators/ sub-contractors/ sub-vendors/
consultants/ service providers shall strictly adhere to the Fraud Prevention Policy of NTPC
LIMITED FARAKKA displayed on its tender website http://www.ntpctender.com and shall
immediately apprise NTPC FARAKKA about any fraud or suspected fraud as soon as it
comes to their notice. A certificate as per Annexure - X to this effect shall be furnished by the
bidder along with his bid. If in terms of above policy it is established that the bidder/his
representatives have committed any fraud while competing for this contract then the bid
security of the bidder shall be forfeited.

13
 GENERAL CONDITIONS OF SUPPLY
31 Acquaintances of local conditions;
It will be imperative for the Bidder 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.

32 Language of the Contract

All bids shall be submitted in English Language

33 Confidentiality
a Information relating to the examination, clarification, evaluation, and comparison of bids, and
recommendations for allocation shall not be disclosed to bidders or any other person not
officially concerned with such process.
b Any effort by the bidder to influence the Supplier in the Supplier’s bid evaluation, bid comparison,
or allocation decisions may result in the rejection of the Bidder’s bid.
c. From the time of bid opening to the time of allocation, if any Bidder wishes to contact the
Supplier on any matter related to its bid, it should do so in writing.
34 Examination of Bids and Determination of Responsiveness
a. The Supplier will examine the bids to determine whether they are complete, whether any
computational errors have been made, whether the documents have been properly signed,
and whether the bids are generally in order.
b. The Supplier may waive any minor informality, nonconformity, or irregularity in a bid that
does not constitute a material deviation, provided such waiver does not prejudice or affect the
relative ranking of any Bidder.
.
35 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.
36 Arbitration

a. In the event that the parties are unable to resolve the disputes under Clause 35 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.
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.

14
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 KOLKATA (India) shall have exclusive jurisdiction. The language of the
Arbitration proceedings will be in English.
f. The venue of arbitration shall be KOLKATA 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.
g. 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.
h. The cost of Arbitrator shall be borne equally by the parties to the dispute.
i. 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.

37. 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 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 61.

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.

15
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 36.

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.

38 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 ESP Hopper area (inside/outside
the plant) which may arise out due to buyers act/negligence while carrying out the contract.
39 Suspension of the supply
a. The Supplier reserves the right to suspend and reinstate execution of the whole or any part
of the supply.
b. 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.
40 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 FARAKKA and/or its representative harmless
from all losses damages, claims, expenses or decrees arising out of such action.
41 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.
42 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, gumboots, shoes,
safety belts wherever required will be provided by the buyer. The buyer shall also ensure
safety and security of all NTPC FARAKKA and Supplier’s delivery personnel at delivery site.
43 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

16
 peace and protection of persons and property in the neighborhood of the delivery site against
the same.

44 Jurisdiction of Court
Only KOLKATA High Court shall have the exclusive jurisdiction in all the matters concerning
the supply.

45 Fraud Prevention Policy

"The contractor along with their associate / collaborator / subcontractors / sub-vendors /
consultants / service providers shall strictly adhere to the Fraud Prevention policy of the
NTPC FARAKKA 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 rd of ethics and shall not indulge or allow anybody else
working in their organization to indulge in fraudulent activities during execution of the
contract. The contractor shall immediately apprise the NTPC FARAKKA about any fraud or
suspected fraud as soon as it comes to their notice.

17
 SPECIAL CONDITIONS OF SUPPLY

46 Scope of Supply
a. Supplier (i.e. NTPC FARAKKA) would be in a position to make available allocated quantity of fly ash
subject to availability, Force Majeure conditions and unplanned outage of the Silos of unit 2 & 6of NTPC
FARAKKA.
b. 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.
c. Quantity: - 200000 lacks MT / Annum
d. Period: - 01 (ONE) year. However, contract period may be extended further for 12 months
based on Cement price Index. However NTPC reserves the right to terminate contract after
serving one months’ notice.

47 Working Hours
Delivery of fly ash is intended to be given on all days excluding national holidays, Sundays and as per
instruction of Engineer-in-Charge.
48 Delivery Point
a) NTPC FARAKKA would deliver fly ash from the discharge chute of designated ash Silos of units 2 &
6 of the plant.
b) Fly ash shall be considered to have been delivered as it passes into the buyer’s vehicle at the
loading point.
49 Quality of fly ash:- NTPC FARAKKA would deliver dry fly ash at designated delivery point(s)
on “as available” basis.
50 Methodology for Pricing
a) Price chargeable to buyer(s) shall be the price discovered resulting from the bids received as per the
methodology described in Clause 52 in Rupees per MT.
b) All statutory duties / taxes / levies shall be charged extra.
51 Price & Bidding Methodology
a The minimum FLOOR PRICE of Fly Ash is Rs.200.00 (Rupees four hundred only) per Metric Ton
and Ceiling price Rs.600.00 (Rupees Six hundred only) per Metric Ton. Bidders may quote the annual
quantity required against a price starting from the floor price and in multiples of Rs.10 (Ten) i.e. Rs
400,410,420 …….and so on up to the ceiling price of Rs.600 per MT.
b Parties may quote different quantity they would like to off-take at different rates within the specified
range. The quantity at particular rate, quoted by the bidder shall be deemed acceptable for evaluation /
allocation towards all the rates below the quoted rate, unless otherwise specifically mentioned. (See
Example below)

Example:

Rate Party A Party B Party C

(Rs./MT)
Quantity (MT/annum ) Quantity (MT/annum) Quantity (MT/annum)

200 50000

210…

300 45000 40000

18
 310…

400 30000

410…

550 30000 20000

560…

600 50000 10000

Case 1: Quantity 50000 MT quoted by the party A against the rate of Rs.600 shall be valid for all
the rates up to Rs.200 which is below Rs.600 since the party has not quoted any
quantity against the rate of Rs.550, Rs.400, Rs.100 etc.
Case 2: The quantity 30000 MT quoted by the party B against the rate of Rs.550 shall be valid for
the rate up to Rs.310 only, since the party has specified the quantity of 45000 MT
against the rate of Rs.300 and this quantity of 45000MT shall be valid up to Rs.200.
Case 3: The quantity of 10000 MT quoted against price Rs.600 shall be valid upto Rs.560 and
quantity 20000 MT quoted against price Rs.550 shall be valid upto Rs.410 and so on
i.e. quantity 40,000 MT quoted at Rs.300 shall be valid upto Rs.210 and quantity 50,000
MT shall be valid for Rs.200 only.
c Bids price quoted below Rs.xxx.00 per MT and or above Ceiling price of Rs.yyy.00 per MT will
not be considered.

52 Evaluation Criterion of Bids

Price Discovery and Quantity for allocation
a. 90% of the tendered quantity will be the lower limit for bid evaluation below which the tender
will be declared unsuccessful.
b. For cumulative annual quantities quoted by bidders between 90% of the tender quantity (0.9 x
MT) to 100% of tender quantity (MT), the price at which maximum revenue is generated will be
the discovered price. In such case, the quantity quoted by the party at the discovered price will
be allocated to the party.
c. In case the cumulative quantity quoted by the bidders does not fall between 90% and 100% of
the tender quantity but above the tendered quantity, the discovered price shall correspond to
the cumulative quantity nearest to 100% and the allocated quantity shall be modified on prorate
basis to the tendered quantity i.e. MT / Annum.
d. Bids at discovered price and above will be the successful bids and quantity will be allocated to
them as per Clause 52 b & c.

53 Award Criteria
The party shall be awarded the quantity as quoted at discovered price. If cumulative quantity at
discovered price is more than tendered quantity, party shall be allocated the quantity on prorate
basis.

54 Award price:
Discovered Price shall be the award price and shall remain firm for a period of one year.
Price Revision (applicable if contract is for more than one year)
In case, the period of contract is for more than 01 year, price shall be revised after one year
based on WPI of grey cement as per Annex XI.

55 Period of Supply
Duration of Supply of fly ash from NTPC FARAKKA Station will be initially for a period of one
year. However, contract period may be extended further considering the time period of
19
 Installation of DAETP for unit no 1, 4 &5 and the price for sale of ESP ash shall be revised
after 12 months based on Cement price Index. However NTPC reserves the right to terminate
contract after serving one months’ notice.

56 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.

57 Payment Terms & Bank Charges

a. Delivery shall be made against advance payment in the form of Demand Draft/ RTGS/ Bank
Transfer in favor of “NTPC Limited” payable at ANDUA (SBI A/C no. 10736589255, IFSC Code
SBIN0007099). The amount of advance shall be equivalent to value of one month of off-take
quantity. Advance shall be adjusted against delivery on daily basis.

b. All bank charges shall be borne by the buyer.

58 Commencement of first off take

Commencement of first off take for bidders of fly ash should not exceed beyond one month
from the date of issue of award letter unless specifically agreed by the Supplier.

59 Weighment for invoicing

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

60 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 90% of annual contracted quantity / annual adjusted quantity (in case of short supply) on
prorate basis. In case buyer fails to lift the minimum quantity (90% of annual contracted
quantity / annual adjusted quantity), compensation amount @ 10% of the awarded price
(rounded to the nearest whole number on the higher side) will be charged on the shortfall
quantity (90% of annual contracted / annual adjusted quantity – Actual quantity lifted for the
year).
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 for the quarter.
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.
Compensation due on a buyer, if not deposited separately will be deducted from the advance
available or recovered from the CPG of the buyer.
c Quarterly quantity shall be considered from the scheduled date of start till completion of quarter
and subsequently so on till expiry of contract.

61 Termination of Contract
61.1 In case, fly ash off take falls below 80% of (the contracted or adjusted quantity, whichever is
lower), during any three consecutive months on cumulative basis, Owner reserves the right to
terminate the contract by giving 15 days notice in writing of their intentions to do so and in such
an event the buyer shall not be entitled to any compensation from the Owner. In the event of
termination of contract, the liquidated damages will be payable by the buyer at the aforesaid
rate mentioned in Clause 60 i.e @ 10% of the awarded/prevailing price (rounded to the nearest
whole number on the higher side) for the short fall quantity below 90% of the (contracted /
adjusted quantity, whichever is lower) for the consecutive three months. The gross amount of

20
 liquidated damages / compensation, if any (combined) for a year of the contract if contract is for
more than one year, shall be limited to the CPG amount.
Consecutive three months shall be considered from the scheduled date of start till completion of
three months and subsequently so on till expiry of contract.
61.2 The Owner also reserves the right to terminate the contract in the event of breach of contract by
the buyer giving 15 days notice in writing of their intentions to do so and in such an event the
buyer shall not be entitled to any compensation from the Owner. In the event of termination of
contract for any reasons of breach of contract, liquidated damages equivalent to amount of
CPG shall be payable by the buyer.

61.2.1 Following will constitute breach of contract:

a. Delay in first off-take by Buyer from committed date by more than one month.
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.
61.3 Contract for sale of fly ash may be terminated at any time depending on the policy of the
Government and/or other concerned authorities. Owner reserves the right for withdrawal of the
contract in the interest and safety of the station and the Company by giving 15 days notice in
writing to the buyer.

62 Shortfall in supply by Owner

a. Fly Ash is a product of coal combustion, which again is subject to the demand of electricity in
the areas allocated by the regulatory authorities. Scheduled and unscheduled shutdowns also
affect generation of electricity and thus generation of Fly Ash. Though all efforts will be made to
maintain contracted quantity of Fly ash available, Owner does not guarantee availability of Fly
Ash as per contracted quantity regularly and will not be liable for any compensation or
damages for non delivery of required quantity of the fly ash.
b. In case Owner is unable to provide the average monthly/three consecutive monthly contracted
quantity of fly ash due to any reasons including forced outages of the plant, congestions etc.
Owner in respect of each buyer shall accordingly adjust the average monthly/three consecutive
monthly contracted quantity downward. Under such circumstances the determination of
compensation referred at Clause 60 above shall be computed with respect to adjusted yearly /
three consecutive monthly contracted quantity.
c. Determination of monthly quantity i.e for any three months for termination of Contract in case of
short supply by the Owner shall also be computed w.r.t quantity made available to the buyer on
monthly / quarterly (i.e for any three consecutive months) as stated in Clause 62 b.
d. Owner 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
annual contracted/adjusted quantity.

63 Taxes, Duties, Levies etc.

a. The Bidder shall be liable and responsible for payment of all statutory levies in the form of
taxes, duties, octroi etc. on the Supply of fly ash. Such statutory liabilities, if any, shall be paid
by bidder extra at actual.
b. All fly ash will be sold on Ex Works basis. Regarding exports of fly ash by the buyer, 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.

21
64 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 designated delivery point(s) i.e. from silos of Unit 2 & 6 (or any other
specified point).

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.

65 Responsibility during Transportation

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

66 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 57. 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 (Contracts & Material)

NTPC FARAKKA Ltd.

22
 Annexure – 1

Schedule for Qualifying Requirements

A. We seek qualification as per Clause No. 23(a) under the category __________ (Individual / Partnership
firm / Company).
B. In terms of clause No. 23 (b), we confirm that average annual turnover for the last three financial years as
on date of bid opening of M/s__________ is not less than Rs........... Lakhs. In support of above, we are
enclosing audited Balance Sheets and Profit & Loss Account for last three financial years.
Financial Year Turnover Amount Turnover Amount (Rs.) Balance Sheet
Sl. (Rs.) in figures in words enclosed (Yes /
No. No)

1 2014-15

2 2015-16

3 2016-17

4 Certificate of Chartered Accountant certifying the average turnover of Enclosed

the last three Financial Years indicating year wise turnover (if required
as per Clause No. 23 Note) (Yes / No)

5 Shareholding pattern of Bidding Company Enclosed

(In case turnover of other company has been considered for meeting (Yes / No)
the Qualifying Requirements in terms of Clause No. 23, the
Shareholding pattern of other company is also to be enclosed)

Note: - (i) Individual or a partnership firm or a company not falling under statutory requirement of audit, has to
submit a certificate from Chartered Accountant certifying the average turnover of the last three Financial Years
indicating year wise turnover.

(ii) In case where audited result for the last preceeding Financial Year is not available, Certification of Financial
Statements from a Chartered Accountant shall also be considered acceptable.

23
C. As per Clause No. 17 we are enclosing the following documents: -
(a) In case of Partnership firm
Sl. Documents Enclosed (Yes / No)
No.

1 The authenticated photocopy of Partnership Deed

2 Registration Certificate of Firm

3 Specimen Signature of all partners of the firm duly attested by

their Bankers

(b) In case of Public or Private Companies

Sl. Documents Enclosed (Yes / No)
No.

1 The up to date amended and Certified True Copy of the

Memorandum & Article of Association of the Company

2 Certificate of Incorporation

3 Certificate of Commencement of Business (in case of Public

Limited Companies Only)

4 Board Resolution for authorization to bid

5 Specimen Signature of a Director / Secretary or other persons

duly attested by the Banker

For and on behalf of _____________

Signature :

(Authorized Representative)

Name :

Designation :

24
 Annexure - II

(ON BIDDER’S LETTERHEAD)

STATEMENT OF DEVIATIONS/EXCLUSIONS

Bidder’s Offer Ref No. Date

To,

Addl. General Manager (C &M)

NTPC LIMITED FARAKKA

Address

Dear Sir,

We declare that there are no deviations from the terms and conditions outlined in your

Bidding documents.

Date: __________________ Signature __________________

Place: _________________ Name _____________________

Designation ________________

Common Seal or stamp ______________

25
 Annexure - III

CHECK LIST FOR SUBMISSION ALONG WITH DOCUMENTS

Name of Bidder: Address:

Sl Description of Check points YES / NO/NOT Remarks

No APPLICABLE

1 Submitted documents related to 1. Audited balance sheet of last three

Qualification requirements & Financial Years showing business
turnover details supporting your turnover, Profit and Loss Account etc.
eligibility, complete in all respects
2. Undertaking for usage of Fly Ash –
Annexure IV

2 Whether submitted Bid Security of Bid Security for different quoted

required value as per requirement quantities are different and required to
of the bid document be submitted accordingly.

3 Whether the bidder has registered Please write the registration number
and completed the formalities for
registration with MSTC

5 Whether the Bidder Details at

Annexure –I X have been filled and
submitted

6 Whether the form of acceptance of

fraud prevention policy at
Annexure – X has been filled and
submitted

Date:
(Name & Signature of Bidder)

26
 Annexure - IV

(On Official Letter head of the Buyer)

To

NTPC LIMITED FARAKKA

Address

. 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 bidder for the NTPC FARAKKA Thermal Power Station Fly Ash against
Bid Specification No NTPC/ ASH—SUPPLY/DOM/FARAKKA/18-19/04 or E- tender no. ___________________ that
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)

27
Page 1 of 2

Annexure - V

Proforma of BANK GUARANTEE FOR “CONTRACT PERFORMANCE GUARANTEE (CPG)”

(To be stamped in accordance with Stamp Act)

(The stamp paper should be in the name of issuing bank)

Ref. Bank guarantee No.

Date:

To,

NTPC LIMITED ,FARAKKA

Address

Dear Sirs,

In consideration of the NTPC LIMITED FARAKKA (hereinafter referred to as the “NTPC FARAKKA”,
which expression shall unless repugnant to the context or meaning thereof includes its executers,
administrators, successors and assigns) having accepted offer of purchase of fly ash by
M/s.............. with its Registered/Head office at .................... (hereinafter referred to as “Buyer”,
which expression shall unless repugnant to the context or meaning thereof includes its executers,
administrators, successors and assigns) a contract by issue of NTPC FARAKKA Letter of Acceptance
No...........dated......and the same having been unequivocally accepted by the Buyer resulting in a
“CONTRACT” bearing No.........for supply of fly ash and the Buyer having agreed to provide a
contract performance guarantee for the faithfull performance of the entire contract equivalent to
Rs......(in figure and words) to the NTPC FARAKKA.

We……….... (Name & Address), having our Head office at ……………….. and Branch office at
…………… (hereinafter referred to as “Bank”, which expression shall unless repugnant to the context
or meaning thereof includes its executers, administrators, successors and assigns) do hereby
guarantee and undertake to pay promptly to NTPC FARAKKA on demand any and all monies payable
by the Buyer to the extent of .............. as aforesaid at any time upto......... (DD/MM/YYYY) without
any demur, reservation, contest, recourse or protest and /or without any reference to the Buyer.
Any such demand made by NTPC FARAKKA on the bank shall be

conclusive and binding notwithstanding any difference between the NTPC FARAKKA and the Buyer or
any dispute pending before any court, tribunal or any other authority. The bank undertakes not to
revoke this bank guarantee during its currency without previous consent of the NTPC FARAKKA and

28
further agrees that the guarantee herein contained shall continue to be enforceable till the NTPC
FARAKKA discharges this guarantee.

Page 2 of 2
The NTPC FARAKKA shall have the fullest liberty without affecting in anyway the liability of the bank
under this guarantee from time to time to extend the time for performance of the contract by the
Buyer. The NTPC FARAKKA shall have the fullest liberty, without affecting this guarantee to
postpone from time to time the exercise of any powers vested in them or of any right which they
might have against the Buyer, and to exercise the same at any time any manner, and whether to
enforce or to forbear or to enforce any covenants, contained or implied, in the contract between
NTPC FARAKKA and the Buyer or any other course of remedy or security available to the NTPC
FARAKKA. The bank shall not be released of its obligation under these presents by any exercise by
the NTPC FARAKKA of its liberty with reference to the matters aforesaid or any of them or by a
reason of any other acts of omission or commission on the part of the NTPC BADARPUR or any other
indulgence shown by the NTPC FARAKKA or by any other matters or thing whatsoever which under
law would, but for this provision, have the effect of relieving the bank.

The bank also agrees that the NTPC FARAKKA at its option shall be entitled to enforce this
guarantee against the bank as a principal debtor, in the first instance without proceeding against
the Buyer and notwithstanding any security or other guarantee that the NTPC FARAKKA may have in
relation to the Buyer’s liabilities.

Notwithstanding anything contained herein above our liability under this guarantee is restricted to
..................... and it shall remain in force upto and including........................ and shall be
extended from time to time for such period, as may be desired by M/s ............................. on
whose behalf this guarantee has been given.

Dated this ........................................................ day

Of.......................... 2018......................... at.....................

Witness (Signature) .................................

..................................

(Signature)

29
In witness whereof the …………………. Bank, through its authorized officer, has set its hand and seal
on this …………………………………….. day of ……………….. ……………. 20….. … …

at . …………………

Witness (Signature) ……………….

....................................

(Signature) (Name) ……………………...........................

......................................... (Designation with Bank stamp)

(Name)

............................................. Attorney

(Official Address) Power of Attorney No. ...

Date.........

30
 Annexure – VI
(Pro forma for extension of Bank Guarantee)
(To be stamped in accordance with Stamp Act)

(The stamp paper should be in the name of issuing bank)

Ref. No. Date …. … …

To,

NTPC LIMITED-FARAKKA

Address

Dear Sirs,

Sub : Extension of Bank Guarantee No……………………………… dtd………………. for Rs…………………

favouring yourselves, expiring on …………. Account of M/s……………………………….. in respect of contract
No……………… dtd…………….. (hereinafter called “Original Bank Guarantee”).

At the request of M/s……………………………………., We ……………………………….. bank, branch office at

……………………….. and having its head office at ………………….. do hereby extend our liability under the
above mentioned guarantee No. ………………………. Dtd………….. for a further period of
…………………………… years/months from ………………… to expire on ………………..

Except as provided above, all other terms and conditions of the original bank guarantee No……………..
dtd……………… shall remain unaltered and binding.

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

Yours faithfully,

For…………………………..

Manager / Agent / Accountant

Power of Attorney No………………….

Dtd…………..

Seal of the Bank

NOTE : The stamp paper of appropriate value should be purchased in the name of the bank who has
issued bank guarantee.

31
 Annexure – VII

List of the Banks

SUBMISSION OF BANK GUARANTEE AS CONTRACT PERFORMANCE GUARANTEE

UPDATED SCHEDULED COMMERCIAL BANK LIST

A SBI AND ASSOCIATES

1. State Bank of India

2. State Bank of Bikaner & Jaipur

3. State bank of Hyderabad

4. State Bank of Mysore

5. State Bank of Patiala

6. State Bank of Travancore

B NATIONALISED BANKS

1. Allahabad Bank

2. Andhra Bank

3. Bank of India

4. Bank of Baroda

5. Bank of Maharashtra

6. Canara Bank

7. Central Bank of India

8. Corporation Bank

9. Dena Bank

10. Indian Bank

11. Indian Overseas Bank

12. Oriental Bank of Commerce

13. Punjab National Bank

14. Punjab & Sind Bank

15. Syndicate Bank

32
16. Union Bank of India

17. United Bank of India

18. UCO Bank

19. Vijaya Bank

C SCHEDULED FOREIGN BANKS

1. Bank of America NA

2. BNP Paribas

3. Crédit Agricole Corporate and Investment Bank

4. Citi Bank N.A.

5. Deutsche Bank A.G

6. The HongKong and Shangai Banking Corporation Ltd

7. Standard Chartered Bank.

8. Societe Generale

9. Barclays Bank

10. Bank of Nova Scotia

11. DBS Bank Ltd.

12. The Bank of Tokyo –Mitsubishi UFJ Ltd.

D SCHEDULED PRIVATE BANKS

1. ING Vysya Bank Ltd

2. ICICI Bank Ltd

3. HDFC Bank Ltd

4. Axis Bank Ltd.

5. Yes Bank Ltd. (Up to 30.09.2015)

E OTHER PUBLIC SECTOR BANKS

1. IDBI Bank Ltd .

-------------------------------------------

33
 Annexure VIII

MODEL AWARD LETTER FOR SUPPLY OF FLY ASH FROM NTPC FARAKKA

Ref.No. Dated:

Letter of Award

To,

Sub: - Award letter for “Supply of Fly Ash” from NTPC FARAKKA

Dear Sir,

This has reference to the following:

1.0 a) Invitation for Bid Specification No.

b) Bid document Ref. No. containing -

Invitation for Bid.

Instruction to the Bidders.

General conditions of Supply.

Special conditions of Supply and

Annexures.

c) E tender catalogue/document as published

d)Your offer submitted Ref. No. _____dated _________

2.0 We are pleased to accept your above mentioned offer and allocate you _____MT /
Annum of Dry Fly Ash from silo of units 2,3 & 6 of NTPC FARAKKA for a period of one year which
may be extended for further one year period based on Cement price Index.
3.0 Terms and Conditions of Supply:
The contract shall be performed by you strictly in accordance with the terms & conditions
contained in General Conditions of Supply & Special Conditions of Supply, E tender Catalogue /
document, definitions, its amendments, deletions & additions to the same attached herewith,
except amendments/modifications specifically brought in this award letter.
34
 All the deviations whether implicit or explicit, contained in your offer stand unconditionally
withdrawn, without any cost implications to NTPC FARAKKA.

a) Contract Period:

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

ii) The completion date of contract is _______.

b) Period of Supply:

Commencement date of issue of fly ash is from ______for the quantity mentioned above.

c) Price:

The price of Fly Ash is Rs.___/MT (exclusive of all taxes & duties).

(Price revision clause (see Annex XI) if applicable may be mentioned here).

d) Taxes & 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.

e) Price Adjustment:

The price of Fly Ash indicated at para 3 (c) shall remain firm for a period of one year.

(Price revision clause if applicable (see Annex XI) may be mentioned here).

f) Consideration payable by the party:

c. Allocated quantity of Fly Ash for any year shall be divided into monthly quantity & amount
payable based on this monthly quantity 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” payable at
ANDUA (SBI A/C no. 10736589255, IFSC Code SBIN0007099). The amount of advance shall
be equivalent to value of one month of off-take quantity.
.

g) Contract Performance Guarantee (CPG):

i) Contract Performance Guarantee (CPG) of Rs.______/- [Rupees ___ Only] @ 5% of the value
[Rs.___/-] of annual allocated quantity of ____ MT, has to be submitted within fifteen (15) days
of issue of this award letter in the form of RTGS/Crossed Demand Draft or unconditional and
irrevocable Bank Guarantee in favour of NTPC FARAKKA.

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 ii) CPG to be submitted in the form of Bank Guarantee shall be valid for 90 days in addition to
period of contract.

iii) The CPG shall be released within Ninety (90) days after successful completion of contract in all
respects

iv) For commencement of supplies, submission of CPG is a precondition.

h) Submission 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.

4.0 Compensation 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. 60 of Special
Conditions of Supply of contract document.

b) Termination of Contract:

Termination of Contract will be governed as per clause No. 61 of Special Conditions of Supply of
contract document.

5.0 Delivery point:

1.0 a) NTPC FARAKKA would deliver fly ash from Silos of units 2 & 6 of NTPC FARAKKA for a
period of one year which may be extended for further one year period based on Cement price
Index.
b) Fly ash shall be considered to have been delivered as it passes into the buyer’s vehicle at the
loading point.

6.0 Pollution Control & Transportation of Fly Ash:

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

7.0 Safety:

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

36
 The buyer shall be fully responsible for maintaining all the insurance covers as per law of land at
its own cost.

8.0 Working Hours:

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

9.0 Quality and Quantity of Fly Ash:

NTPC FARAKKA would deliver Dry Fly Ash from designated delivery point on “as available
basis”. Fly Ash shall be issued based on actual weighing. Weight so recorded shall be
considered final. No dispute or complaint for quality or quantity will be entertained at a later
stage.

10.0 Authorized Person:

A proper authorization in the format prescribed by EIC must be presented to Engineer-in-Charge,

if the buyer wants to depute an agent/transporter on its behalf.

11.0 End Use Certificate:

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

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

13.0 Only KOLKATA High Court shall have the exclusive jurisdiction in all matters pertaining to the
supply.

14.0 Engineer-In-Charge:

Sh. _______, will be the Engineer- In- Charge for the contract.

15.0 Bank Details of NTPC (in case of RTGS) for payments above Rs.5.0 lakhs (if applicable):

Name of the Bank: State Bank of India

Branch Address: CAG Branch Tolstoy Marg, New Delhi – 110003

Name of the Account: NTPC Limited

IFSC Code: SBIN0009996

Current Account No: 34507866507

Bank details of NTPC FARAKKA for payments below Rs.5.0 lakhs (if applicable)

Name of the Bank: State Bank of India

Branch Address: Andua Branch, PO- Nabarun, Dist- Murshidabad

37
 Name of the Account: NTPC Ltd

IFSC Code: SBIN0007099

Current Account No: 10736589255

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

Signed by & on behalf of NTPC FARAKKA

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

Registered Office:

38
 Annexure – IX

(On official letter head of the Company)

Bidder Details
(For submission along with documents)

Sl. No. Description Details

1 Name of the Bidder

2. Status (Company / Individual / Partnership

firm)

3 Registered Address

Telephone No.

Fax No.

4 Communication Address

Telephone No.

Fax No.

5 LST / CST / TIN No.

6 Shipping Address for Fly Ash

Authorised Person Details

1 Name of the Authorised Person

2 Designation

39
3 Address for Communication

4 Telephone No.

5 Fax No.

6 Email Id

For and on behalf of ______________

Signature :

(Authorized Representative)

Name :

Designation :

40
 Annexure – X

(On official letter head of the Company)

Page 1 of 1

SUPPLY OF FLY ASH FROM NTPC FARAKKA THERMAL POWER STATION, NEW DELHI (Bid Doc
Ref. No: - NTPC/ASH- SUPPLY/DOM/FARAKKA/18-19/xx)

(FORM OF ACCEPTANCE OF FRAUD PREVENTION POLICY)

To

NTPC LIMITED-FARAKKA

Address

Dear Sir,

We have read the contents of the Fraud Prevention Policy of NTPC FARAKKA displayed on its tender
website http://www.ntpctender.com and undertake that we along with our associate/collaborator/
subcontractors/sub-vendors/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).................................

41
 Annexure XI

Price Revision clause

In case the contract awarded is for more than one year, price revision clause is to be applied as per
procedure/formula below.

The price of fly ash for the quantity awarded for 1st year i.e. from date of scheduled commencement of business
till completion of one year will be at the discovered price. Thereafter price will be adjusted after completion of
one year and the revised price as obtained as per formula below (based on WPI of grey cement with Base 2004-
2005=100*) shall be applicable from the 1st day of the subsequent month (after completion of first year) and valid
till completion of another year. Thereafter again price shall be revised after completion of one year as per
formula below and valid for one year and so on as applicable:

FAPnew= (FAPold X WPI new)/ WPI old

FAPnew = Adjusted award price for the contract year (i=2,3,or as applicable till completion of contract)
FAPold = The base price as discovered and applicable for the 1st year of the contract

WPInew = The latest final (not provisional) monthly All India wholesale price index of grey cement
(Base 2004-2005=100)* before /on completion of one year of contract #
WPIold = All India wholesale price index of grey cement (Base 2004-2005=100)* for the month the bid
was opened.

(*The present Base year 2004-2005=100 whenever revised by Govt. of India will be adopted accordingly).

NB: 1) Data regarding all India wholesale price index for cement (WPI) for calculation shall be taken from Bulletins
of Commerce Ministry and as available at website www.eaindustry.nic.in.

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

# for Ex. If date of scheduled commencement of the contract is 25.07.2015, the discovered price will be valid till
from 25.07.15 to 31.07.2016 and revised price shall be effective from 01.08.2016. For revision of price,
the WPI new of grey cement shall be taken from eaindustry.nic.in published in the month of july’16 of
Jun’16 wherein WPI of May’16 and Jun’16 is provisional and that of Apr’16 is final. Hence for calculation
purpose, WPI new will be that of Apr’16.
For subsequent year, there vise price will be w.e.f 1.8.17 with WPI new of Apr’17 and so on.

42