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NTPC LIMITED Kahalgaon

BID DOCUMENT

FOR SUPPLY OF FLY ASH FROM

NTPC KAHALGAON THERMAL POWER STATION,

KAHALGAON

SPECIFICATION NO.

NTPC/ASH- SUPPLY/DOM/Kahalgaon/18-19/02

NTPC LIMITED - Kahalgaon

PO- STP KAHALGAON, BHAGALPUR-813214

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Table of Contents

No PageIntroduction

1 Introduction 52 Scope of Supply 53 Bidding Detail 54 Procedure for registration & payment of Pre bid security 65 Eligibility for bid participation 6-76 Qualifying Requirement of the Bidders 77 Submission of Bids 78 Contact Details 79 Websites 7

10 Definitions 8INSTRUCTION TO BIDDERS

11 Introduction 912 Scope of Supply 913 The Bidding Documents 914 Validity of Bids 915 Bid Security 916 Submission of Bids 9-1017 Pre Bid Requirement 1018 Modification and Withdrawal of Bids 1019 Bidding Schedule 1020 Supplier’s Right to accept any Bid or to reject any or all Bids 1021 Supplier’s Right to Vary quantities at the Time of

allocation/Supply10

22 Contract performance Guarantee (CPG) 1023 Qualifying Requirements for the Bidders 10-1124 Understanding and Clarification of Bid Documents. 1125 Award for supply of Fly Ash 1126 Bid Proposal Schedule 1127 Uniform Bid quantity over the allocation period 1128 Check List 11-1229 Deviation 1230 Fraud Prevention Policy 12

GENERAL CONDITIONS OF SUPPLY31 Acquaintances of local conditions 1332 Language of the Contract 1333 Confidentiality 1334 Examination of Bids and Determination of Responsiveness 1335 Settlement of disputes 1336 Arbitration 13-14

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37 Force Majeure 14-1538 Insurance & Buyer’s Liability 1539 Suspension of the supply 1540 Indemnity for defense of Suits 1541 Recovery of Sums Due 1542 Safety Requirements 15-1643 Disorderly Conduct 1644 Jurisdiction of Court 1645 Fraud Prevention Policy 16

SPECIAL CONDITIONS OF SUPPLY46 Scope of Supply 1747 Working Hours 1748 Delivery Point 1749 Quality of fly ash 1750 Methodology for Pricing 1751 Price & Bidding Methodology 17-1852 Evaluation Criterion of Bids 1853 Award Criteria 1854 Award Price and price revision clause 18-1955 Period of Supply 1956 Upward Quantity Flexibility 1957 Payment terms & Bank Charges 1958 Commencement of first off take 1959 Weighment for invoicing 1960 Compensation against short fall during regular off take 2061 Termination of contract 2062 Shortfall in supply by Supplier 20-2163 Taxes, Duties and Levies 2164 Delivery 2165 Responsibility During Transportation 2166 Billing 21-22

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ANNEXURES

Annexure no PageAnnexure - I SCHEDULE FOR QUALIFYING REQUIREMENT 23-24Annexure - II STATEMENT OF DEVIATIONS/EXCLUSIONS 25Annexure - III CHECKLIST FOR SUBMISSION ALONG WITH

DOCUMENTS26

Annexure - IV UNDERTAKING FOR USAGE OF FLY ASH 27Annexure - V PROFORMA OF BANK GUARANTEE FOR CPG 28-30Annexure – VI PROFORMA FOR EXTENSION OF BANK GUARANTEE 31Annexure – VII LIST OF SHEDULED BANKS (for BG) 32-33Annexure - VIII MODEL AWARD LETTER 34-38Annexure - IX BIDDER DETAILS 39-40Annexure - X FORM OF ACCEPTANCE OF FRAUD PREVENTION

POLICY41

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NTPC LTD Kahalgaon

INVITATION FOR BIDS FOR SUPPLY OF FLY ASH FROM

NTPC Kahalgaon THERMAL POWER STATION

Tender No: NTPC/ ASH-SUPPLY / DOM / KhSTPS/ 18-19/02 Date:

1. IntroductionNTPC LIMITED Kahalgaon (henceforth referred to as NTPC Kahalgaon whichexpression shall unless repugnant to the context or meaning thereof be deemed toinclude its successors and permitted assigns) intends to promote utilization of fly ashas resource material. To facilitate this, NTPC Kahalgaon wishes to supply fly ash for aperiod of one (01) year. NTPC Kahalgaon thus invites bids from eligible and interestedbuyers for supply of fly ash from the units of NTPC Kahalgaon THERMAL POWERSTATION (henceforth referred to as NTPC Kahalgaon) as mentioned below:

2. Scope of Supply:The fly ash shall be supplied to the interested buyers from the designated deliverypoint(s) i.e. ash Silo chute of the units of the thermal power station. The buyer(s) shallmake arrangements for taking delivery in their own bulkers /covered trucks.Thequantity available for supply from NTPC Kahalgaon is brought out as under:

Power Stations / Location Quantityavailable

Fly Ash quality to besupplied

Period ofSupply

KAHALGAON SUPER THERMAL POWERSTATION,

50000 MT/Annum

on “as available”basis

01 year

3. Bidding detailsDetailed conditions and scope of work are given in the bid documents which can bedownloaded from the websites referred below:

Bid Document No.

E Tender no.

: NTPC/ASH- SUPPLY/DOM/KhSTPS/18-19/02

:___________________________________

Period of supply : one(01)Year

Period of availability of biddocument

:

Last Date for submission ofQR Document

:

Last Date for submission ofPre BID EMD

:

Submission of Bids :

Bid Security EMD @ Rs 6/MT with minimum amount of Rs. 100000/-

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

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

STEP 1 ENTER BUYER USER ID AND PASSWORD

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

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 DETAILSMENTIONED AT STEPS 3 TO 7.

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

5. Eligibility for bid participationOnly those buyers who register themselves with MSTC as per specified guidelines for registration, displayed

on MSTC website www.mstcecommerce.com and have remitted UNCONDITIONAL PRE BID EMD as per the applicable terms, Submitted qualifying documents well before the last day of submission of documents

as per Annex 1 and found eligible as per terms and conditions of the e – tender shallbe eligible to participate in the bidding process.

Note: Net Banking Option: The amount shall be credited in T +1 EOD basis, so the buyershould preferably remit the fund through Net – Banking 24 hours before the last daymentioned in the MSTC e tender/auction catalogue. Fund transfer through Net

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Banking is NEFT transaction and the same will be credited in MSTC account the verynext day excluding Sunday/holiday as per RBI guidelines. Buyer has to inform the details such as amount transferred, date of transfer, buyersbank 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 contactperson as detailed in the e tender/auction document/catalogue on the same day of thetransaction. MSTC has no responsibility of delay in issuing of AL etc. in case buyersfail to inform by mail.

6. Qualifying Requirements for the Bidders 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.10 Lakhs/ annum for the bid quantity up to 50,000 MT/annum,ii) Rs.25 Lakhs/ annum for the bid quantity > 50,000 MT/annum and upto 2,00,000MT/annum and,iii) 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 theturnover of the other firm / company in which major share holder/promoter/partner isalso the major shareholder/promoter/partner in bidding company may be consideredbut not in combination of both.

Bidders shall submit an undertaking of utilizing the Fly Ash in Cement, Construction orany other Ash based product / Industry (Annex 4).Note: -Balance SheetAudited balance sheets showing the business turnover and profit & loss account forlast three financial years of the company on whose turnover qualification has beensought should also be submitted along with the proposal. (Individual or a partnershipfirm or a company not falling under statutory requirement of audit, has to submit acertificate from Chartered Accountant certifying the average turnover of the last threeFinancial Years indicating the year wise turnover).QR documents shall be submitted to the address mentioned below:

HOD (C&M)Kahalgaon Super thermal power stationPo-Kahalgaon STPBhagalpur (Bihar) -813214

7. Submission of BidsBids are to be submitted by the buyer online in the MSTC websitewww.mstcecommerce.com between the bid submission time as per time scheduleindicated at para 3 above respectively.

8. Contact Details NTPC LIMITED KhSTPS :AGM (AUD) P K Saha 06429-226568AGM (AUD) A K Basu 09434038979AGM(CS) B Samaddar 06429-226425

9. WebsitesFor referring to Invitation for Bids, Bid documents, and downloading of the same andonline bidding following websites may be referred to: - www.mstcecommerce.com orwww.mstcindia.com

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 theformation of the Contract.

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

“Day” means calendar day. “Effective Date” means the date on which this Contract becomes effective (i.e. issue

date of LOA). “GCS” mean General Conditions of Supply contained in this document. “SCS” means Special Conditions of Supply contained in this document. “The Buyer” which expression shall unless repugnant to the context or meaning

thereof be deemed to include its successors and permitted assigns. “Supplier” (i.e. NTPC LIMITED Kahalgaon) which expression shall unless repugnant

to the context or meaning thereof be deemed to include its successors and permittedassigns.

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

Awarded Quantity/Annual Contract Quantity/Annual Allocated Quantity - is thequantity of fly ash as finalized by NTPC LIMITED KHSTPS for award during a yearand shall be expressed in Metric Tonne (MT) per annum.

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

Metric Tonne (MT) means 1000 Kilograms. “Contract Term/Period” means duration of the contract together with any extension

period. “Delivery Point” means the chutes of the designated fly ash silos. Dispute/Dispute Notice Refer clause 35 of bid documents. “Engineer in charge” means the officer appointed in writing by NTPC LIMITED

Kahalgaon to act as an ‘engineer in charge’ from time to time. “First Off take” means the date of first off take of fly ash, by the buyer from Delivery

Point in accordance with this Agreement. “Force Majeure” shall have the meaning ascribed to it under clause 37 of bid

document. “Governmental Instrumentality” means any central/state ministry, agency,

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

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

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

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INSTRUCTIONS TO BIDDERS

11. IntroductionNTPC LIMITED Kahalgaon, having office at Kahalgaon (hereinafter called“Seller/Supplier”) shall sell/supply fly ash from units of NTPC KAHALGAON THERMALPOWER STATION mentioned in the invitation for bid.

12. Scope of Supplya. NTPC Kahalgaon 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 thedesignated delivery points in the buyer’s bulkers/covered trucks on as is where isbasis.

b. The scope of bidder under this tender is to take delivery of fly ash from the designateddelivery point (Ash Silo chute) of the Station, as detailed in the bid document, in theirown bulkers/covered trucks only.

c. Total quantity of fly ash in MT from the Station is available tentatively on yearly basisas per details given hereunder -.

Power Stations / Location Quantityavailable

Fly Ash quality tobe supplied

Period of Supply

Kahalgaon THERMAL POWERSTATION, Po- Kahalgaon STPDist-Bhagalpur (Bihar) 813214

50000 MT /Annum

On “asavailable” basis

one (01) year

13. The Bidding DocumentsThe 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. Validity of BidsThe 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. Bid Security The value of the Bid Security is as mentioned in Invitation for Bid at Para 3. 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. 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. Bid Security of successful Bidder (s) shall be returned only after submission of

requisite amount of Contract Performance Guarantee (CPG). The Bid Security may be forfeited if the bidder / his representative commit any

fraud while competing for this contract pursuant to Fraud Prevention Policy ofNTPC.

16. Submission of Bidsa) Bids are to be submitted by the buyer online in the web site

www.mstcecommerce.com between the bid submission time as per time scheduleindicated at para 3 above respectively.

b) Late Bids

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There is no provision for submission of bids before or after the bid submissionperiod.

17. Pre Bid RequirementOnly registered bidders will be allowed to participate subject to bidder meeting thepre bid requirements as per para 5.0 above. In addition, all bidders whetherProprietor, Partnership Firms or a Company have to submit relevant documents asmentioned at Annex I.

18. Modification and Withdrawal of BidsNo bid can be withdrawn. However during the bidding period, bidders may modifytheir bid any number of times up to the quantity proportionate to the bid securitysubmitted, 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 ScheduleThe schedule for submitting the bids is as mentioned in the e tender catalogue / inthe bid document at para 3.0 of the invitation of bid or as amended and informed tobidders from time to time on the E tender website.

20. Supplier’s Right to accept any Bid or to reject any or all BidsNotwithstanding anything mentioned above, the Supplier reserves the right toaccept or reject any bid, either in full or in part or to annul the bidding process andreject all bids at any time prior to allocation of quantity, without assigning anyreason thereof.

21. Supplier’s Right to vary quantities at the Time of allocation / supplyThe Supplier reserves the right at the time of allocation or during the period ofsupply to increase, decrease or delete the quantity of fly ash from that originallyspecified in the bid documents without assigning any reason.

22. Contract Performance Guarantee (CPG)

a. Within fifteen (15) days of the issue of award letter forallocation by the Supplier, successful Bidders shall submit the ContractPerformance Guarantee for an amount equivalent to five (5) percent of value ofannual allocated quantity in the form of RTGS / Crossed Demand Draft in favourof NTPC LIMITED Kahalgaon payable at Kahalgaon (IFSC code: SBIN0006949, acno-11663836289) or through an unconditional and irrevocable Bank Guarantee (asper Format at Annexure V). CPG submitted in the form of Bank Guarantee shall bevalid for 90 days in addition to period of contract. List of Banks is available inAnnexure VII of Bid Document

b. Failure of the successful Bidder to comply with therequirement of Submission of Contract Performance Guarantee within theprescribed time shall constitute sufficient grounds for the annulment of the allocationorder and forfeiture of the Bid Security. In that event no damages or compensationsshall 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 Biddersa. 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

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i) Rs.10 Lakhs/ annum for the bid quantity up to50,000 MT/annum,

ii) Rs.25 Lakhs/ annum for the bid quantity >50,000 MT/annum and up to 2,00,000 MT/annum and,

iii) 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 ownor the turnover of the other firm / company in which major shareholder/promoter/partner is also the major shareholder/promoter/partner in biddingcompany may be considered but not in combination of both.

d. Bidders shall submit an undertaking of utilizing the Fly Ash in Cement, Construction orany other Ash based product / Industry as per Performa attached at Annexure IV.

Note: - Balance SheetAudited balance sheets showing the business turnover and profit & loss accountfor last three financial years of the company on whose turnover qualification hasbeen sought should also be submitted along with the proposal. (Individual or apartnership firm or a company not falling under statutory requirement of audit, hasto submit a certificate from Chartered Accountant certifying the average turnover ofthe 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 mayin any way affect the work or the cost thereof. If any Bidder finds discrepancies oromissions in the Bid documents or is in doubt as to the true intent or meaning ofany part thereof, he shall at once request in writing in triplicate to the Supplier foran interpretation/clarification of the Bid documents. However, such request mustreach the Supplier seven days before start of bid opening otherwise, the requestfor clarification shall not be entertained. After receipt of such interpretation orclarifications, the Bidder shall submit his Bid but within the time and date asspecified in the invitation to Bid. All such interpretation and clarification shall forma part of the Bid documents.

b. Verbal clarifications and information given by Supplier orits employees or representatives shall not be in any way binding on the Supplier.

25. Award for supply of Fly Asha. The Supplier will issue Award letter (Model Award letter

at Annexure VIII) of allocation for supply of Fly Ash in writing to the successfulBidders in duplicate. The successful bidder shall return the duplicate copy of theaward 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 ScheduleBidders are to quote online their annual quantity requirement against therespective prices during the bidding period.

27. Uniform Bid quantity over the allocation periodThe quoted annual quantity requirement shall be considered uniform per monthafter commencement of first off take for the remaining supply period. Agency shallhave no right over allocated quantity, once short lifted by them with respect to prorata basis, during remaining supply period.

28. Check Lista. The bidders are requested to duly fill in the check list

enclosed at Annexure III.

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b. The checklist gives only certain important items, tofacilitate the bidder to make sure that necessary data/information is provided byhim in this proposal. This however, does not relieve the bidder of his responsibilityto make sure that his proposal is otherwise complete in all respects.

29. DeviationAny deviation taken in the terms and conditions of the e tender catalogue / BidDocuments by the bidder will not be allowed to bid online (Annex II).

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

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GENERAL CONDITIONS OF SUPPLY31. Acquaintances of local conditions;

It will be imperative for the Bidder to fully inform himself of all local conditions andfactors, which shall have any effect on the execution of the work covered underthese documents and specifications.

32. Language of the ContractAll bids shall be submitted in English Language.

33. Confidentiality Information relating to the examination, clarification, evaluation,and comparison of bids, and recommendations for allocation shall not be disclosed to biddersor any other person not officially concerned with such process.

a. Any effort by the bidder to influence theSupplier in the Supplier’s bid evaluation, bid comparison, or allocation decisions mayresult in the rejection of the Bidder’s bid.

b. From the time of bid opening to the time ofallocation, 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 Responsivenessa. 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 aregenerally 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 theParties as a result of construction, interpretation or application of any of the terms andconditions of this Agreement or performance of it (“Dispute”), either Party may bywritten 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 Noticeby such other Party meet and endeavour to settle Dispute in an amicable mannerthrough good faith and negotiations. In the event of the failure of the Parties to settleDispute amicably within such 30-Days period, either Party may refer Dispute forresolution by arbitration, in accordance with the provisions mentioned hereunder.

c. No dispute regarding quality or quantity etc. shall be entertained once the material issold.

36. Arbitration

a. In the event that the parties are unable toresolve the disputes under Clause 35 above, controversy or claim relating to or arisingout of this contract, such disputes, controversy or claim shall be finally settled by a panelof arbitrators (“The Arbitral Tribunal”), in accordance with the Arbitration and ConciliationAct 1996 as amended from time to time and read with rules framed there under.

b. Either Party may by written request notifythe other Party of its intent to refer such Dispute to arbitration. Within 30 Days of receipt

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of such notice by such other Party, the Parties shall each appoint one arbitrator. Within30 Days of the appointment of the arbitrators, the two arbitrators so appointed shallappoint a third arbitrator (who shall be the presiding arbitrator). In case the twoarbitrators fail to appoint the third arbitrator, the third arbitrator shall be appointed as perprovisions of Arbitration Act.

c. The third Arbitrator will be the presidingArbitrator and the Arbitration proceedings shall be conducted in accordance with theArbitration and Conciliation Act 1996 as amended from time to time and read with rulesframed there under.

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

e. The Court at BHAGALPUR (India) shallhave exclusive jurisdiction. The language of the Arbitration proceedings will be inEnglish.

f. The venue of arbitration shall beBHAGALPUR or such place as may be determined by the arbitrator. In terms of thecontract the party involving arbitration shall specify the dispute or disputes be referred toarbitration under this clause together with the amount or amount claimed in respect ofeach such dispute. The arbitrator shall make the award within reasonable time from thedate of entering in the reference.

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

h. The cost of Arbitrator shall be borneequally by the parties to the dispute.

i. Notwithstanding the subsistence of anyarbitration proceedings, the Parties shall continue to perform their respective obligationsunder this Agreement and either Party shall not withhold, any payment obligationadmitted by it.

37. Force Majeure

a. “Force Majeure” shall mean any event beyond the reasonable control of theSupplier or of the Buyer, as the case may be, and which is unavoidablenotwithstanding the reasonable care of the party affected. Force Majeure shallinclude 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 actsof a Governmental Instrumentality in the capacity of a shareholder or Seller ofeither Party shall not for the purpose of this Agreement be considered as a ForceMajeure event.

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

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

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performance is prevented, hindered or delayed. The Time for Completion shall beextended after mutual discussion.

d. The party or parties affected by the event of Force Majeure shall use reasonableefforts to mitigate the effect thereof upon its or their performance of the Contractand to fulfil its or their obligations under the Contract, but without prejudice toSupplier’s right to terminate the Contract under Special Conditions of SupplyClause 61.

e. Delay or non-performance by either party hereto caused by the occurrence of anyevent of Force Majeure shall not constitute a default or breach of the Contract.

f. If the performance of the Contract is substantially prevented, hindered or delayedfor a continuous period of more than thirty (30) days or an aggregate period ofmore than ninety (90) days on account of one or more event of Force Majeureduring the occurrence of the Contract, the parties will attempt to develop a mutuallysatisfactory solution, failing which the dispute shall be resolved in accordance withGCS Clause 36.

g. In the event of prohibition imposed by Govt. of India/Competent Authorities makingimpossible to perform the contract, may be termed as Force Majeure and neitherparty 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 and statutoryobligations (PF,ESI etc.) 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 includingthe Silo area (inside/outside the plant) which may arise out due to buyersact/negligence while carrying out the contract.

c. The buyer should deposit security charge for siding of Rs. 50000 (Rupees FiftyThousand only) before start of supply. The security amount to be refunded aftersuccessful completion without any damage to the plant/part of NTPC.

39. Suspension of the supplya. 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 Ashfor any reason whatsoever.

40. Indemnity for defence of SuitsIf any action in court is brought by third party against the Supplier or an officer oragent of the Supplier for the failure or neglect on the part of the buyer to performany acts, matters, covenants or things under the Contract, or for damage or injurycaused by the alleged omission or negligence on the part of the buyer, his agents,representatives or his Sub-contractors, workmen, suppliers, or representativesemployees the buyer shall in such cases indemnify and keep the Supplier andNTPC Kahalgaon and/or its representative harmless from all losses damages,claims, expenses or decrees arising out of such action.

41. Recovery of Sums DueWhenever 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 inpart, from advance deposited against fly ash and /or the Contract PerformanceGuarantee deposited by the buyer.

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42. Safety RequirementsThe buyer shall supply safety appliances/ PPE to all his workers viz. Nose masks,safety goggles, safety helmets, safety shoes, & full body harness safety belts etc.and ensure that they wear during work. Safety belts are to be ensured for allworking at heights.

The buyer shall be fully and solely responsible for the safety of all his workers andmachineries during this contract at his own cost. He has to take care of all safetyprecautions for his men and equipment. Non-compliance of safety shall constitutesuitable deductions as per safety rules

The EIC shall have the right at his sole discretion to stop the work at any point oftime, if in his opinion the work is being carried out in such a way that it may causeaccidents and endanger the safety of the persons and / or property, and / orequipments. In such cases, the contractor shall be informed in writing about thenature of hazards and possible injury / accident and he shall comply to removeshortcomings promptly.

The buyer shall not be entitled for any damages / compensation from NTPC forstoppage of work due to safety reasons.

Agency/Agencies shall deploy one dedicated qualified safety supervisor/officer,who shall co-ordinate all safety aspects for ensuring safety compliances. In case ofnon-deployment of Safety personal at site, NTPC reserve the right to arrange safetypersonal in particular area and cost for the same shall be borne by the agencies.

43. Disorderly ConductThe buyer shall at all times take all reasonable precautions to prevent anyunlawful, notorious or disorderly conduct by or amongst the buyer’s staff andlabour and for the preservation of peace and protection of persons and property inthe neighbourhood of the delivery site against the same.

44. Jurisdiction of CourtOnly Bhagalpur Court shall have the exclusive jurisdiction in all the mattersconcerning the supply.

45 Fraud Prevention Policy"The contractor along with their associate / collaborator / subcontractors / sub-vendors / consultants / service providers shall strictly adhere to the FraudPrevention policy of the NTPC LTD displayed on its tender websitehttp://www.ntpctender.com. The Contractor along with their associate / collaborator/ subcontractors / sub-vendors / consultants / service providers shall observe thehighest regard of ethics and shall not indulge or allow anybody else working in theirorganization to indulge in fraudulent activities during execution of the contract. Thecontractor shall immediately apprise the NTPC Kahalgaon about any fraud orsuspected fraud as soon as it comes to their notice.

17

SPECIAL CONDITIONS OF SUPPLY

46. Scope of Supply

a. Supplier (i.e. NTPC Kahalgaon) would be in aposition to make available allocated quantity of fly ash subject to availability, ForceMajeure conditions and unplanned outage of the units of NTPC Kahalgaon.

b. The supplier reserves the right to supply the quantity not lifted by the buyers to anyother party at the sole discretion of the supplier.

c. Quantity: - 50000 MT / Annumd. Period: - 01 (one) year

47. Working HoursDelivery of fly ash is intended to be given preferably in day time on all days, or as perEngineer-in-Charge.

48. Delivery Pointa. NTPC Kahalgaon would deliver fly ash from the

discharge chute of designated ash Silo of units of the plant directly.b. Fly ash shall be considered to have been delivered

as it passes into the buyer’s vehicle bulker/closed truck suitably fitted at the loadingpoint silo only. No rake loading allowed.

49. Quality of fly ashNTPC Kahalgaon would deliver dry fly ash at designated delivery point(s) i.e. AshSilo Chute on “as available” basis.

50. Methodology for Pricinga. 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 as applicable shall be charged extra.

51. Price & Bidding Methodologya. The minimum FLOOR PRICE of Fly Ash is Rs.250.00 (Rupees Two

hundred fifty only) per Metric Ton and Ceiling price Rs.600.00 (Rupees Six hundredonly) per Metric Ton. Bidders may quote the annual quantity required against a pricestarting from the floor price and in multiples of Rs.10 (Ten) i.e. Rs x00, x10, x20…….and so on up to the ceiling price of Rs.600 per MT.

b. Bids price quoted below Rs.250.00 per MT and or above Ceiling price ofRs.600.00 per MT will not be considered.

18

c. Parties may quote different quantity they would like to off-take at differentrates within the specified range. The quantity at particular rate, quoted by the biddershall be deemed acceptable for evaluation / allocation towards all the rates below thequoted rate, unless otherwise specifically mentioned. (See Example below)

Example:

Rate(Rs./MT)

Party A Party B Party C

Quantity (MT/annum ) Quantity (MT/annum) Quantity (MT/annum)

190 50000

200…

300 45000 40000

310…

400 30000

410…

550 30000 20000

560…

600 50000 10000

1. Quantity 50000 MT quoted by the party A against the rate of Rs.600 shallbe valid for all the rates up to Rs.190 which is below Rs.600 since the party has notquoted any quantity against the rate of Rs.550, Rs.400, Rs.190 etc.

2. The quantity 30000 MT quoted by the party B against the rate of Rs.550shall be valid for the rate up to Rs.310 only, since the party has specified thequantity of 45000 MT against the rate of Rs.300 and this quantity of 45000MT shallbe valid up to Rs.190.

3. The quantity of 10000 MT quoted against price Rs.600 shall be valid uptoRs.560 and quantity 20000 MT quoted against price Rs.550 shall be valid uptoRs.410 and so on i.e. quantity 40,000 MT quoted at Rs.300 shall be valid upto Rs.200and quantity 50,000 MT shall be valid for Rs.190 only.

52. Evaluation Criterion of BidsPrice Discovery and Quantity for allocation

a. 80% of the tendered quantity will be the lower limit for bid evaluation below which thetender will be declared unsuccessful.

b. For cumulative annual quantities quoted by bidders between 80% of the tenderquantity (0.8 X 50,000MT=40,000 MT) to 100% of tender quantity (50,000 MT), the priceat which maximum revenue is generated will be the discovered price. In such case, thequantity 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 80% and100% of the tender quantity but above the tendered quantity, the discovered price shallcorrespond to the cumulative quantity nearest to 100% and the allocated quantity shall bemodified on prorate basis to the tendered quantity i.e. 50,000 MT / Annum.

19

d. Bids at discovered price and above will be the successful bids and quantity will beallocated to them as per Clause 52 b & c.

53. Award CriteriaThe party shall be awarded the quantity as quoted at discovered price. If cumulativequantity at discovered price is more than tendered quantity, party shall be allocatedthe quantity on prorata basis.

54. Award price and price revision clause (not applicable for one year):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/ awardedprice .Thereafter, price will be adjusted after completion of one year and the revised price asobtained as per formula below (based on WPI of grey cement with Base 2011-2012=100*)and shall be applicable from the 1st day of the subsequent month (after completion of firstyear) and valid till completion of other year. Thereafter again price shall be revised as performula below and valid for one year and so on as applicable.

FAPnew= (FAPold x WPI new)/WPIold

FAPnew = Adjusted awarded revised price for the ith contract year (i=2,3 or as applicable tillcompletion of contract).

FAPold =The base price as discoed/awarded and applicable for the 1st year of the contract.

WPI new = The all india wholesale price index of grey cement (Base 2011-2012=100*)published during the month of completion of one year of contract #

WPIold = All india wholesale price index of grey cement (Base 2011-2012=100*) for the monththe bid was opened.

(*The present Base year 2011-2012=100 whenever revised by Govt. of india will be adoptedaccordingly).

NB: 1) Date regarding all india wholesale price index for cement( WPI) for calculation shall betaken from Bulletins of Commerce Ministry and at website www.eaindustry.nic.in.

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

# for ex WPInew published in the month of completion of one year of contract is theprovisional WPI of revising the price as per formula mentioned above and this revised priceshall be valid for the second year. There shall be no further revision of the price on account ofthe provisional WPInew ( as mentioned in the 1st line of the para ) becoming final WPInew.Similarly price revision shall be carried out for the third year and so on.

55. Period of SupplyDuration of Supply of fly ash from NTPC Kahalgaon shall be for a period of 01 (one)

year.

56. Upward Quantity FlexibilityIf requested by the Buyer the Supplier may consider supply of additional quantity over

& above the allocated quantity at the discovered price, subject to availability and atthe sole discretion of the supplier.

57. Payment Terms & Bank Charges

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a. Delivery shall be made against advance payment in the form of Demand Draft/RTGS/ Bank Transfer in favour of “NTPC LTD payable at KAHALGAON (Foramount below 5 lakhs: IFSC Code-SBIN0006949 ac no- 11663836289, for amountabove 5 lakhs: IFSC Code-SBIN0009996 ac no- 34507866507). The amount ofadvance shall be equivalent to value of one month of off-take quantity. Advanceshall be adjusted against delivery on daily basis.

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

58. Commencement of first off takeCommencement of first off take for bidders of fly ash should not exceed beyond Fortyfive days from the date of issue of award letter unless specifically agreed by theSupplier.

59 Weighment for invoicingFly ash shall be issued based on actual weighment. Weight so recorded shall beconsidered final.

60. Compensation against shortfall during regular off takea. 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. Thebuyer shall have to lift at least 90% of annual contracted quantity / annual adjustedquantity (in case of short supply) on prorata basis. In case buyer fails to lift theminimum quantity (90% of annual contracted quantity / annual adjusted quantity),compensation amount @ 10% of the awarded price (rounded to the nearest wholenumber on the higher side) will be charged on the shortfall quantity (90% of annualcontracted / annual adjusted quantity – Actual quantity lifted for the year).

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

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

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

e. Quarterly quantity shall be considered from the scheduled date of start tillcompletion 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,NTPC Kahalgaon reserves the right to terminate the contract by giving one monthnotice in writing of their intentions to do so and in such an event the buyer shall notbe entitled to any compensation from the supplier. In the event of termination ofcontract, the liquidated damages will be payable by the buyer at the aforesaid ratementioned in Clause 60 i.e @ 10% of the awarded price (rounded to the nearestwhole number on the higher side) for the short fall quantity below 90% of thecontracted / adjusted quantity and the gross amount of liquidated damages /compensation shall be limited to the CPG amount.Consecutive three months shall be considered from the scheduled date of start tillcompletion of three months and subsequently so on till expiry of contract.

61.2 The Supplier also reserves the right to terminate the contract in the event of breachof contract by the buyer giving one month notice in writing of their intentions to do so

21

and in such an event the buyer shall not be entitled to any compensation from thesupplier. In the event of termination of contract for any reasons of breach of contract,liquidated damages as arrived under Clause 61 above shall be payable by the buyer.

61.2.1 Following will constitute breach of contract:a. Delay in first off-take by Buyer from the date of issue of award letter by more than

forty five days.b. Buyer is not complying with operational and safety requirements and neglecting

instructions of Engineer-In-Charge.c. Buyer has failed to discharge his obligations according to the terms & conditions of

contract.

62. Shortfall in supply by Suppliera. 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 andunscheduled shutdowns also affect generation of electricity and thus generation ofFly Ash. Though all efforts will be made to maintain contracted quantity of Fly ashavailable, Supplier does not guarantee availability of Fly Ash as per contractedquantity regularly and will not be liable for any compensation or damages for nondelivery of required quantity of the fly ash.

b. In case Supplier is unable to provide the average monthly/quarterly contractedquantity of fly ash due to any reasons including forced outages of the plant,congestions etc. supplier in respect of each buyer shall accordingly adjust theaverage monthly/quarterly contracted quantity downward. Under such circumstancesthe determination of compensation referred at Clause 60 above shall be computedwith respect to adjusted yearly / quarterly quantity.

c. Determination of monthly quantity i.e for any three months for termination of Contractin case of short supply by the Supplier shall also be computed w.r.t quantity madeavailable to the buyer on monthly / quarterly (i.e. for any three months) / yearly asstated in Clause 62 b.

d. Supplier may offer additional quantity of fly ash at a later date subject to availability,if agreed by buyer. The quantity so offered and agreed by buyer at a later stage, willform 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, ifany, shall be paid by bidder extra at actual, without having any financial implicationsto NTPC Kahalgaon.

b. All fly ash will be sold on Ex Silo / Ex Works basis. Regarding exports of fly ash bythe buyer, it is the responsibility of the buyer to fulfil their export obligations as maybe 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 tofulfil the export obligations, if any.

64. Deliverya. Buyer should depute his authorized representative to the power station for co-

ordination and taking delivery of fly ash.b. Delivery will be from Silo Chutes to bulkers / closed trucks , which are suitable for

loading from designated silos. Open trucks will not be allowed to take delivery.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 shallbe to the account of buyer.

65. Responsibility during Transportation

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a. The buyer will be responsible for any kind of injuries or accidents caused to theiremployees 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 fromdamages/compensation. If the seller is held liable for any compensation, buyer shallforthwith compensate the seller if any; such claim arose after expiry of the contractperiod.

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

66. Billing

Supplier will issue Exit gate pass on daily basis and invoices on weekly/fortnightlybasis and shall deliver to the Buyer(s) an invoice showing the value of the fly ashdelivered for each day, along with applicable duty/taxes/cess etc. and shall be adjustedagainst the advance payment made by the buyer(s) as per Clause 57. Any Statutoryform like Form ‘C’ etc. for claiming rebate shall be submitted by the buyer to thesupplier for claiming such rebate. In case buyer fails to submit ‘C’ form within onemonth of the designated quarter, CST will be charged at full applicable rates.

* ALL DOCUMENTS LIKE SALE ORDER / DELIVERY ORDER / INVOICE ETC FORLIFTING DRY ASH SHALL BE ISSUED BY HOD (EMG & AUD) OR HIS AUTHORISED

REPRESENTATIVES.*

23

Annexure – I

Schedule for Qualifying Requirements

We seek qualification as per Clause No. 23(a) under the category __________ (Individual /Partnership firm / Company).

In terms of clause No. 23 (b), we confirm that average annual turnover for the last three financialyears as on date of bid opening of M/s_________________________________ is not less thanRs.............. Lakhs. In support of above, we are enclosing audited Balance Sheets and Profit & LossAccount for last three financial years.

Sl.No.

Financial Year TurnoverAmount (Rs.) infigures

TurnoverAmount (Rs.) inwords

Balance Sheet enclosed(Yes / No)

1 2015-16

2 2016-17

3 2017-18

4 Certificate of Chartered Accountant certifying the average turnover of the last threeFinancial Years indicating year wise turnover (if required as per Clause No. 23Note)

Enclosed

(Yes / No)

5 Shareholding pattern of Bidding Company

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

Enclosed

(Yes / No)

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

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

24

As per Clause No. 17 we are enclosing the following documents: - In case of Partnership firm

Sl.No.

Documents Enclosed (Yes / No)

1 The authenticated photocopy of Partnership Deed

2 Registration Certificate of Firm

3 Specimen Signature of all partners of the firm duly attested bytheir Bankers

In case of Public or Private CompaniesSl.No.

Documents Enclosed (Yes / No)

1 The up to date amended and Certified True Copy of theMemorandum &Article of Association of the Company

2 Certificate of Incorporation

3 Certificate of Commencement of Business (in case of PublicLimited Companies Only)

4 Board Resolution for authorisation to bid

5 Specimen Signature of a Director / Secretary or other personsduly attested by the Banker

For and on behalf of _____________

Signature :

(Authorized Representative)

Name :

Designation :

25

Annexure - II

(ON BIDDER’S LETTERHEAD)STATEMENT OF DEVIATIONS/EXCLUSIONS

Bidder’s Offer Ref No. Date

To,

Addl. General Manager (C &M)

NTPC LIMITED Kahalgaon

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 ______________

26

Annexure - III

CHECK LIST FOR SUBMISSION ALONG WITH DOCUMENTSName of Bidder:

Address:

Date:

(Name & Signature of Bidder)

SlNo

Description of Check points YES / NO/NOTAPPLICABLE

Remarks

1 Submitted documents related toQualification requirements&turnover details supporting youreligibility, complete in all respects

1. Audited balance sheet of last threeFinancial Years showing businessturnover, Profit and Loss Account etc.

2.Undertaking for usage of Fly Ash –Annexure IV

2 Whether submitted Bid Security ofrequired value as per requirementof the bid document

Bid Security for different quotedquantities are different and required tobe submitted accordingly.

3 Whether the bidder has registeredand completed the formalities forregistration with MSTC

Please write the registration number

5 Whether the Bidder Details atAnnexure –I X has been filled andsubmitted

6 Whether the form of acceptance offraud prevention policy atAnnexure – X has been filled andsubmitted

27

Annexure - IV

Undertaking for Usage of fly ash(On Official Letter head of the Buyer)

To Date:

NTPC LIMITED

Kahalgaon

Bhagalpur (Bihar)

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

Dear Sir,

This is to certify that we M/S _______________________________the bidder for the NTPCKahalgaon Thermal Power Station Fly Ash against Bid Specification No NTPC/ ASH—SUPPLY/DOM//18-19/02 or E tender no. ___________________________ that the Fly Ash, if allocated to us, shall beused in Cement manufacturing / construction / or other ash based product / industry.

Thanking you,

(Signature of authorized person)

(Name & Designation)

(Seal/ Stamp of Company)

28

Annexure - V

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

(To be stamped in accordance with Stamp Act)

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

Ref. Bank guarantee No.

Date:

To,

NTPC LIMITED

Kahalgaon STPS

Bhagalpur (Bihar)-813214

Dear Sirs,

In consideration of the NTPC LIMITED Kahalgaon (hereinafter referred to as the “NTPC ”,which expression shall unless repugnant to the context or meaning thereof includes itsexecuters, administrators, successors and assigns) having accepted offer of purchase offly ash by M/s...................................................... with its Registered/Head office at.............................................................. (hereinafter referred to as “Buyer”, whichexpression shall unless repugnant to the context or meaning thereof includes itsexecuters, administrators, successors and assigns) a contract by issue of NTPCKahalgaon’s Letter of Acceptance No...................dated..............and the same havingbeen unequivocally accepted by the Buyer resulting in a “CONTRACT” bearingNo.................for supply of fly ash and the Buyer having agreed to provide a contractperformance guarantee for the faithful performance of the entire contract equivalent toRs...................................(in figure).................................................................................................(in words) to theNTPC Kahalgaon.

We………............................................................................... (Name & Address),having our Head office at ………………...................................... and Branch office at……………................................... (hereinafter referred to as “Bank”, which expressionshall unless repugnant to the context or meaning thereof includes its executers,administrators, successors and assigns) do hereby guarantee and undertake to paypromptly to NTPC Kahalgaon on demand any and all monies payable by the Buyer to theextent of ....................... as aforesaid at any time up to...........................(DD/MM/YYYY) without any demur, reservation, contest, recourse or protest and /orwithout any reference to the Buyer. Any such demand made by NTPC LTD KhSTPS ,thebank shall be conclusive and binding notwithstanding any difference between the NTPCLTD KhSTPS and the Buyer or any dispute pending before any court, tribunal or any otherauthority. The bank undertakes not to revoke this bank guarantee during its currencywithout previous consent of the NTPC Kahalgaon and further agrees that the guaranteeherein contained shall continue to be enforceable till the NTPC Kahalgaon discharges thisguarantee.

29

The NTPC Kahalgaon shall have the fullest liberty without affecting in anyway the liabilityof the bank under this guarantee from time to time to extend the time for performance ofthe contract by the Buyer. The NTPC Kahalgaon shall have the fullest liberty, withoutaffecting this guarantee to postpone from time to time the exercise of any powers vestedin them or of any right which they might have against the Buyer, and to exercise thesame at any time any manner, and whether to enforce or to forbear or to enforce anycovenants, contained or implied, in the contract between NTPC Kahalgaon and the Buyeror any other course of remedy or security available to the NTPC Kahalgaon. The bank shallnot be released of its obligation under these presents by any exercise by the NTPCKahalgaon of its liberty with reference to the matters aforesaid or any of them or by areason of any other acts of omission or commission on the part of the NTPC Kahalgaon orany other indulgence shown by the NTPC Kahalgaon or by any other matters or thingwhatsoever which under law would, but for this provision, have the effect of relieving thebank.

The bank also agrees that the NTPC Kahalgaon at its option shall be entitled to enforcethis guarantee against the bank as a principal debtor, in the first instance withoutproceeding against the Buyer and notwithstanding any security or other guarantee thatthe NTPC Kahalgaon may have in relation to the Buyer’s liabilities.

Notwithstanding anything contained herein above our liability under this guarantee isrestricted to ..................... and it shall remain in force upto andincluding........................ and shall be extended from time to time for such period, asmay be desired by M/s ............................. ..................on whose behalf this guaranteehas been given.

Dated this....................... Day of.......................... (Month)2015.........................at.....................

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

Witness

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

30

In witness whereof the ………………….. Bank, through its authorized officer, has set itshand and seal on this....................... Day of.......................... (Month)2015.........................at.....................

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

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

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

(Name).............................................

Attorney

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

Date.........

31

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 LIMITEDKahalgaon STPSBhagalpur (Bihar)-813214

Dear Sir,Sub : Extension of Bank Guarantee No………………………………...... dtd………………. forRs………………….............. favouring yourselves, expiring on …………..........................Account of M/s………………………………...................... in respect of contractNo………………................ dtd…………….. (Hereinafter called “Original Bank Guarantee”).

At the request of M/s……………………………………..............., We ………………………………...... bank,branch office at ……………………….. and having its head office at …………………...... do herebyextend 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 guaranteeNo…………….. dtd……………… shall remain unaltered and binding.

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

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 bankwho has issued bank guarantee.

32

List of the Scheduled Banks for BG Annexure – VII

SUBMISSION OF BANK GUARANTEE AS CONTRACT PERFORMANCE GUARANTEE

UPDATED SCHEDULED COMMERCIAL BANK LISTA SBI AND ASSOCIATES1. State Bank of India2. State Bank of Bikaner & Jaipur3. State Bank of Hyderabad4. State Bank of Mysore5. State Bank of Patiala6. State Bank of TravancoreB NATIONALISED BANKS1. Allahabad Bank2. Andhra Bank3. Bank of India4. Bank of Maharashtra5. Canara Bank6. Central Bank of India7. Corporation Bank8. Dena Bank9. Indian Bank10. Indian Overseas Bank11. Oriental Bank of Commerce12. Punjab National Bank13. Punjab & Sind Bank14. Syndicate Bank15. Union Bank of India16. United Bank of India17. UCO Bank18. Vijaya Bank19. Bank of Baroda20. Bhartiya Mahila BankC SCHEDULED PRIVATE BANKS (INDIAN BANKS)1. Catholic Syrian Bank2. City Union Bank3. Dhanlaxmi Bank Ltd.4. Federal Bank Ltd5. Jammu & Kashmir Bank Ltd6. Karnataka Bank Ltd7. Karur Vysya Bank Ltd8. Lakshmi Vilas Bank Ltd9. Nainital Bank Ltd10. Kotak Mahindra Bank11. RBL Bank Limited12. South Indian Bank Ltd13. Tamilnad Mercantile Bank Ltd14. ING Vysya Bank Ltd15. Axis Bank Ltd.16. IndusInd Bank Ltd17. ICICI Bank18. HDFC Bank Ltd.19. DCB Bank Ltd20. Yes Bank Ltd

33

21. IDFC Bank Limited22. Bandhan Bank LimitedD SCHEDULED PRIVATE BANKS (FOREIGN BANKS)1. Abu Dhabi Commercial Bank Ltd2. Bank of America NA3. Bank of Bahrain & Kuwait B.S.C.4. Mashreq Bank p.s.c.5. Bank of Nova Scotia6. Crédit Agricole Corporate and Investment Bank7. BNP Paribas8. Barclays Bank9. Citi Bank N.A.10. Deutsche Bank A.G.11. The HongKong Shangai Banking Corporation Ltd12. Societe Generale13. Sonali Bank Ltd.14. Standard Chartered Bank15. J.P. Morgan Chase Bank, National Association16. State Bank of Mauritius Ltd.17. DBS Bank Ltd.18. Bank of Ceylon19. Bank Internasional Indonesia20. A B Bank21. Shinhan Bank.22. CTBC Bank Co. Ltd.23. Mizuho Bank Ltd24. Krung Thai Bank Public Company Ltd.25. KBC Bank N.V.26. The Bank of Tokyo-Mitsubishi UFJ Limited.27. Austalia & Newzealand Banking Group Limited28. Sumitomo Mitsui Banking Corporation29. American Express Banking Corporation30. CommonWealth Bank of Australia31. Credit Suisse A.G.32. FirstRand Bank Ltd.33. Industrial & Commercial Bank of China Ltd.34. JSC VTB Bank35. National Australia Bank36. Rabobank International37. Sberbank38. UBS AG39. United Overseas Bank Ltd.40. Westpac Banking Corporation41. Woori Bank42. The Royal Bank of Scotland N.V.43. Doha Bank Qsc44. Industrial Bank of Korea45. Korea Exchange Bank Co. Ltd.E OTHER PUBLIC SECTOR BANKS1. IDBI Bank Ltd*Note - Any Addition/ Deletion/ Modification in Bank list shall be asper changes in Second Schedule List by RBI from time to time.

34

Annexure VIII

MODEL AWARD LETTER FOR SUPPLY OF FLY ASH FROM NTPC Kahalgaon

Ref.No. Dated:

Letter of Award

To,

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

Dear Sir,

This has reference to the following:

a) Invitation for Bid Specification No.b) Bid document Ref. No. NTPC/ASH- SUPPLY/DOM/Kahalgaon/18-19/02 containing -

Invitation for Bid.Instruction to the Bidders.General conditions of Supply.Special conditions of Supply andAnnexures.

c) E tender catalogue/document as published

d)Your offer submitted Ref. No. __________dated _________

We are pleased to accept your above mentioned offer and allocate you _________MT /Annum of Dry Fly Ash from Ash Silo of NTPC Kahalgaon for a period of 01 (one) year.

1.0 Terms and Conditions of Supply:The contract shall be performed by you strictly in accordance with the terms & conditionscontained in General Conditions of Supply & Special Conditions of Supply, E tenderCatalogue / document, definitions, its amendments, deletions & additions to the sameattached herewith, except amendments/modifications specifically brought in this awardletter.

All the deviations whether implicit or explicit, contained in your offer standunconditionally withdrawn, without any cost implications to NTPC Kahalgaon.

a) Contract Period:

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

ii) The completion date of contract is _______.

35

b) Period of Supply:

Commencement date of issue of fly ash is from _______________for the quantitymentioned above.

c) Price:

The price of Fly Ash is Rs.__________/MT (exclusive of all taxes & duties) for first yearof contract.

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 timeduring the tenure of the contract. Such liabilities if any shall be paid by the buyer extraat actual without having any financial implications to NTPC.

e) Price Revision Clause: (not applicable for one year)

The price of fly ash for the quantity awarded for 1st year i.e from date of scheduledcommencement of business till completion of one year will be at the discovered/ awardedprice .Thereafter, price will be adjusted after completion of one year and the revised priceas obtained as per formula below (based on WPI of grey cement with Base 2011-2012=100*) and shall be applicable from the 1st day of the subsequent month (aftercompletion of first year) and valid till completion of other year. Thereafter again price shallbe revised as per formula below and valid for one year and so on as applicable.

FAPnew= (FAPold x WPI new)/WPIold

FAPnew = Adjusted awarded revised price for the ith contract year (i=2,3 or as applicabletill completion of contract).

FAPold =The base price as discoed/awarded and applicable for the 1st year of thecontract.

WPI new = The all india wholesale price index of grey cement (Base 2011-2012=100*)published during the month of completion of one year of contract #

WPIold = All india wholesale price index of grey cement (Base 2011-2012=100*) for themonth the bid was opened.

(*The present Base year 2011-2012=100 whenever revised by Govt. of india will beadopted accordingly).

NB: 1) Date regarding all india wholesale price index for cement( WPI) for calculation shallbe taken from Bulletins of Commerce Ministry and at website www.eaindustry.nic.in.

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

# for ex WPInew published in the month of completion of one year of contract is theprovisional WPI of revising the price as per formula mentioned above and this revisedprice shall be valid for the second year. There shall be no further revision of the price onaccount of the provisional WPInew ( as mentioned in the 1st line of the para ) becomingfinal WPInew. Similarly price revision shall be carried out for the third year and so on.

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f) Consideration payable by the party:

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 (alongwith taxes and duties as applicable) in the form of RTGS/Demand Draft in favour ofNTPC LTD payable at KAHALGAON for the quantity of Fly Ash to be lifted in nextmonth.

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, hasto be submitted within fifteen (15) days of issue of this award letter in the form ofRTGS/Crossed Demand Draft in favour of NTPC Kahalgaon payable at KAHALGAONor unconditional & irrevocable Bank Guarantee (annexure-V).

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

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

iv) For commencement of supplies, submission of CPG is a precondition.2.0 Submission of Form-C.

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

3.0 Compensation against shortfall & Termination of Contract:

Compensation against Shortfall during off-take will be governed as per clause No. 60 ofSpecial Conditions of Supply of contract document.

4.0 Termination of Contract:

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

5.0 Delivery point:a) NTPC Kahalgaon would deliver fly ash from the discharge chute of designated ash

Silos of the units of the plant in bulker /closed truck only.

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

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6.0 Pollution Control & Transportation of Fly Ash:

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

7.0 Safety:

The buyer shall supply safety appliances/ PPE to all his workers viz. Nose masks,safety goggles, safety helmets, safety shoes, & full body harness safety belts etc .andensure that they wear during work. Safety belts are to be ensured for all working atheights.

The buyer shall be fully and solely responsible for the safety of all his workers andmachineries during this contract at his own cost. He has to take care of all safetyprecautions for his men and equipment. Non-compliance of safety shall constitutesuitable deductions as per safety rules

The EIC shall have the right at his sole discretion to stop the work at any point of time,if in his opinion the work is being carried out in such a way that it may cause accidentsand endanger the safety of the persons and / or property, and / or equipments. In suchcases, the contractor shall be informed in writing about the nature of hazards andpossible injury / accident and he shall comply to remove shortcomings promptly.

The buyer shall not be entitled for any damages / compensation from NTPC forstoppage of work due to safety reasons.

Agency/Agencies shall deploy one dedicated qualified safety supervisor/officer, whoshall co-ordinate all safety aspects for ensuring safety compliances. In case of non-deployment of Safety personal at site, NTPC reserve the right to arrange safetypersonal in particular area and cost for the same shall be borne by the agencies.

8.0 Working Hours:

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

9.0 Quality and Quantity of Fly Ash:

NTPC Kahalgaon would deliver Dry Fly Ash from designated delivery point on “asavailable basis”. Fly Ash shall be issued based on actual weighing. Weight sorecorded shall be considered final. No dispute or complaint for quality or quantity willbe 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.

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11.0 End Use Certificate:

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

12.0 Buyer and its transporter would be entirely responsible towards MVI/RTO foroverloading of Fly Ash. NTPC Kahalgaon in any case will not be held responsible forthe same.

13.0 Only Bhagalpur Court shall have the exclusive jurisdiction in all matters pertaining tothe 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 (ifapplicable):

Name of the Bank: State Bank of IndiaBranch Address: CAG Branch Tolstoy Marg, New Delhi– 110003Name of the Account: NTPC LimitedIFSC Code: SBIN0009996Current Account No: 34507866507Bank details of NTPC Kahalgaon for payments below Rs.5.0 lakhs (if applicable)Name of the Bank: State Bank of IndiaBranch Address: CSTPPA Branch, NTPC Kahalgaon, Bhagalpur-813214Name of the Account: NTPC Limited KahalgaonIFSC Code: SBIN0006949Current Account No: 11663836289

16.0 This letter of award is issued to you in duplicate: you are requested to return acopy 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 Kahalgaon

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

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Annexure – IX

(On official letter head of the Company)

Bidder Details

Sl. No. Description Details

1 Name of the Bidder

2. Status (Company / Individual / Partnershipfirm)

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

40

(For submission along with documents)

For and on behalf of ______________

Signature:

(Authorized Representative)

Name:

Designation :

Authorised Person Details

1 Name of the Authorised Person

2 Designation

3 Address for Communication

4 Telephone No.

5 Fax No.

6 Email Id

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Annexure X

(On official letter head of the Company)

SUPPLY OF FLY ASH FROM NTPC KAHALGAON THERMAL POWER STATION

(Bid Doc Ref. No: - NTPC/ASH- SUPPLY/DOM/KhSTPS/18-19/02)

(FORM OF ACCEPTANCE OF FRAUD PREVENTION POLICY)

To

NTPC LIMITED

Kahalgaon, Bhagalpur

Bihar-813214

Dear Sir,

We have read the contents of the Fraud Prevention Policy of NTPC displayed on its tenderwebsite http://www.ntpctender.com and undertake that we along with ourassociate/collaborator/ subcontractors/sub vendors/consultants/service providers shall strictlyabide by the provisions of the Fraud Prevention Policy of NTPC.

Yours faithfully,

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

Place :_____________

Date:______________

(Designation)......................................

(Common Seal).................................