एनटीपीसी - सेल पावर कम्पनी लिमिटेड (एनटीपीसी सेल का संयुक्त उद्यम)
NTPC-SAIL Power Company Limited (A Joint Venture of NTPC & SAIL )

NTPC SAIL POWER CO.PVT.LTD. (henceforth referred to as NSPCL) intends to promote utilization of fly ash as resource material. To facilitate this, NSPCL wishes to supply fly ash for a period of 01 (One) year. NSPCL thus invites bids from eligible and interested buyers for supply of fly ash from the NSPCL DURGAPUR CAPTIVE POWER PLANT-II (henceforth referred to as NSPCL or NSPCL Durgapur) as mentioned below:

The fly ash shall be supplied to the interested buyers from the designated delivery point(s) i.e. ash Silo chute of the captive power plant. The buyer(s) shall make arrangements for taking delivery in their own bulkers or closed trucks. The quantities available for supply from 2 x 60MW units of NSPCL Durgapur is brought out as under:

Detailed conditions and scope of work are given in the bid documents, which can be obtained from the address given below at para 8 as per the following schedule, or can be accessed & downloaded from the websites referred to at Para 9 below with payment of cost of bid document:-

Incase bid documents have been downloaded from web site, payment of Rs.5000/- towards the cost of bid documents has to be submitted separately along with submitted Bid in the form of Demand Draft in favour of NTPC SAIL POWER CO.PVT.LTD”, payable at Durgapur. Non-Submission of separate Demand Draft towards Bid Documents downloaded from website shall render the bid invalid and will not be considered further.

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

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

“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. NSPCL) which expression shall unless repugnant to the context or meaning thereof be deemed to include its successors and permitted assigns.

“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.

“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.

“Quarter” refers to the period from the scheduled date of start till completion of 03 months and subsequently so on till expiry of contract.

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.

N o bid may be modified / withdrawn in the interval between the bid submission deadline and the expiration of the bid validity period. Modification/withdrawal of bid during the interval may result in the forfeiture of the Bidder’s bid security.

Notwithstanding any thing 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.

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.

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).

I f 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 (NSPCL) and/or its representative harmless from all losses damages, claims, expenses or decrees arising out of such action.

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.

T he 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 NSPCL and Supplier’s delivery personnel at delivery site.

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

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.

Fly ash shall be issued based on actual weighment at weighbridge located near the Silo. Weight so recorded shall be considered final.

The buyer will be responsible for any kind of injuries or accidents caused to their employees or labourers 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.

Supplier will raise 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, along with applicable duty/taxes/cess etc. and shall be adjusted against the advance payment made by the buyer(s) as per clause 58. 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 before end of the quarter, CST will be charged at full applicable rates.

The quantity quoted above shall be spread uniformly for a period of one year.

Bidders may quote for the quantity requirements against different prices at their options starting from Rs100.00 per MT with an increment in multiples of Rs 10.00 and ceiling price of Rs400.00 per MT( Extend table accordingly to submit bid).

(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 results for the last preceding Financial year is not available, certification of financial statements from a Chartered Accountant shall also be considered acceptable.

Dear Sirs,

In consideration of the NTPC SAIL Power Co.Pvt.Ltd. (hereinafter referred to as the “NSPCL”, 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 NSPCL Durgapur’s 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 NSPCL. 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 ly to NSPCL, 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 NSPCL on the bank shall be conclusive and binding notwithstanding any difference between the NSPCL 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 NSPCL and further
agrees that the guarantee herein contained shall continue to be enforceable till the NSPCL discharges this guarantee.

The NSPCL 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 NSPCL 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 NSPCL and the Buyer or any other course of remedy or security available to the NSPCL. The bank shall not be released of its obligation under these presents by any exercise by the NSPCL 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 NSPCL or any other indulgence shown by the NSPCL 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 NSPCL 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 NSPCL 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.......................... 201 ......................... at.....................
Witness (Signature) .................................
..................................
(Signature)
In witness whereof the …………………. Bank, through its authorized officer, has set its hand
and seal on this …………………………………….. day of ……………….. ……………. 20….. … …
at . …………………
Witness (Signature) ……………….
(Name) ……………………
(Signature) (Designation with Bank stamp)
(Name)
................................... Attorney
(Official Address) Power of Attorney No. ................
Date.............

Dear Sir,

In accordance with your invitation to bid under your specification No. ................. ........................... M/s ....................................................................................having its registered/Head office at …………................................ (hereinafter called the “Bidder”) wish to participate in the said for ..................................

As an unconditional and irrevocable Bank guarantee being the bid guarantee for an amount of ................. valid for 210 days from ................... (date of Bid Opening) shall be submitted by the Bidder as a condition precedent for participation in the said bid, which amount is liable to be forfeited on the happening of any contingencies mentioned in the bid documents.

We, the ……… ..Bank at ……………………… 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 ly to NSPCL, on demand by NSPCL, the amount of Rs.................... (in figures abd words) up to
__________(within days/months) without any demur, reservation, protest, contest and recourse or without any reference to the bidder. Any such demand made by said “NSPCL” shall be conclusive final and binding on us irrespective of any dispute or difference between the bidder and the NSPCL, pending before any court tribunal and/or any other authority.


This guarantee shall be irrevocable and shall remain valid upto ......................... The Bank undertakes not to revoke this Bank guarantee during its currency. If any further extension of this guarantee is required the same shall be extended to such required period on receiving the instructions from M/s ……………. On whose behalf this guarantee is issued.