NTPC Limited

(A Government of India Enterprise)

BIDDING DOCUMENTS

FOR

PROCUREMENT OF BIOMASS PELLETS ON FOR POWER

STATION BASIS FOR NTPC MOUDA, GADARWARA &
KHARGONE POWER PLANTS (LOT-2)
VOLUME– I, II, III, IV & V
BIDDING DOCUMENT NO.: CS-0011-112H-9

(This document is meant for the exclusive purpose of bidding against this Bidding Document No. / Specification and shall
not be transferred, reproduced or otherwise used for purposes other than that for which it is specifically issued.)
 BIDDING DOCUMENTS
FOR
PROCUREMENT OF BIOMASS PELLETS ON FOR POWER STATION BASIS FOR NTPC
MOUDA, GADARWARA & KHARGONE POWER PLANTS (LOT-2)

BIDDING DOCUMENT NO.: CS-0011-112H-9

CONTENTS

Volume I : Invitation for Bids (IFB)

Volume II : Instructions to Bidders (ITB)

Volume III : General Purchase Conditions (GPC)

Volume IV : Technical Specification (TS)

Volume V : Attachments and Forms & Formats

 VOLUME– I
INVITATION FOR BIDS (IFB)
 INVITATION FOR BIDS (IFB)

NTPC Limited
(A Government of India Enterprise)
(CORPORATE CONTRACTS, NOIDA)
INVITATION FOR BIDS (IFB)
FOR
Procurement of Biomass Pellets on FOR Power Station basis for NTPC Mouda,
Gadarwara and Khargone Power Plants (Lot 2)
(Domestic Competitive Bidding)

IFB/Tender No. : 2022_NTPC_67326_1 Date: 06.08.2022

BID DOCUMENT No. : CS-0011-112H-9

1.0 NTPC Limited invites on-line bids on Single Stage Two Envelope basis (i.e. Envelope-
I: Techno-Commercial and Envelope-II: Price) from eligible Bidders for aforesaid
package, as per the scope of work briefly mentioned hereinafter, for NTPC Mouda,
Gadarwara and Khargone Power Plants.

2.0 Salient Technical Features

A. Brief Scope of Work

The scope of work under this package shall include supply, loading, transport and
delivery of agro residue based biomass pellet at NTPC site.

Unloading shall be in the scope of NTPC at the particular Plant location as mentioned at
para 1.0 above, provided pellets are loose filled in the carriage vehicle. Carriage vehicle
should be fully covered and waterproof during transportation to prevent the material from
rain, sunlight and to prevent dusting.

If supplier supplies the material packed in bags, consignment shall not be accepted or
supplier shall unload the material at his own cost. In that case, for any extra halt of
carriage vehicle, demurrage shall not be payable by NTPC.

The pellets supplied shall adhered to the technical specification given in tender
document.

3.0 NTPC intends to finance the aforesaid Package through Domestic Funds.

4.0 Detailed specification, scope of work and terms & conditions are given in the Bidding
Documents, which are available for examination and sale at the address given below
and as per the following schedule:

Procurement of Biomass Pellets on FOR Power Station basis for INVITATION FOR BIDS (IFB) PAGE
NTPC Mouda, Gadarwara and Khargone Power Plants (Lot 2)
BID DOC. NO CS-0011-112H-9 1 OF 4
Clause No. INVITATION FOR BIDS (IFB)

Issuance of IFB 27.07.2022

IFB/Tender No 2022_NTPC_67326_1
Documents sale start date From 06.08.2022
Last date for receipt of queries from 12.08.2022
bidders (if any)
Pre Bid Conference date & time 12.08.2022 at 1200 hrs. (IST)
(Meeting Link Click here ) through Video Conference
Bid (both Techno-Commercial and Up to 19.08.2022 by 11:00 hrs. (IST)
Price) submission date & time
Date and time for opening of 19.08.2022 at 1500 hrs. (IST)
Techno-commercial bid
Date and time for opening of Price shall be intimated after opening of
bid Techno-commercial bid

Cost of bidding document free of cost

5.0 MSE Benefits: Benefits under PPP 2012 for MSEs are applicable only for (a) Goods
produced and (b) Services provided by MSEs. MSE benefits shall not be
applicable to Trader/Dealer of Goods. For availing MSE benefits, bidder shall confirm
that Biomass Pellets, offered / quoted are manufactured by them. For applicability of
MSE benefits bidder shall refer to the Bidding Documents.

6.0 All bids must be accompanied by “Bid Security Declaration” in the form as stipulated
in the Bidding Documents. The Bidder shall furnish, as part of its Bid, “Bid Security
Declaration” through GTE in online Tendering Portal, GePNIC in lieu of Earnest Money
Deposit (EMD)/ Bid Security. Bids cannot be submitted without acceptance of aforesaid
attribute in GTE.

7.0 A complete set of Bidding Documents may be downloaded by any interested Bidder free
of cost through our GePNIC website (https://eprocurentpc.nic.in). For logging on to the
GePNIC Site, the bidder would require user id and password which can be obtained by
registration at GePNIC portal (https://eprocurentpc.nic.in)

8.0 Qualifying Requirements for Bidders:

1.0 The APPLICANT should be of minimum 21 years of age (in case of individual
APPLICANT).

2.0 The Bidder shall be of Indian nationality AND / OR a Company/ Sole Proprietorships /
Partnerships / Limited Liability Partnerships / Consortium / Cooperative Societies
registered in India AND / OR Non-Resident Indians/ Person of Indian Origin AND / OR
a Multinational Company having its registered office in India / Overseas Corporate
Bodies having its registered office in India.
Procurement of Biomass Pellets on FOR Power Station basis for INVITATION FOR BIDS (IFB) PAGE
NTPC Mouda, Gadarwara and Khargone Power Plants 2 OF 4
BID DOC. NO CS-0011-112H-9
Clause No. INVITATION FOR BIDS (IFB)

3.0 Bidding for the subject package is open to #bidders from within the Employer's country
only, subject to fulfillment of conditions “Restrictions on procurement from a Bidder
of a country which shares a land border with India”.

# In case of Consortium, all the Partners of the consortium shall be from within the
Employer’s country.

Bidder shall provide the documents in support of the type of firm/ company they own.
In case of Individual applicant, Proof of Nationality and age like voter cards, passport,
Aadhaar etc. may be submitted.

9.0 'Class-I local suppliers’ only are eligible to participate in this tender, as defined in
the bidding documents/ Public Procurement (Preference to Make in India), Order
2017 and its subsequent amendments/ revisions issued by DPIIT. The bidders may
apprise themselves of the relevant provisions of bidding documents in this regard
before submission of their bids.

10.0 Transfer of Bidding Documents purchased by one intending Bidder to another is not
permissible.
11.0 Issuance of Bidding Documents to any bidder shall not construe that bidder is considered
qualified.

12.0 NTPC reserves the right to reject any or all bids or cancel/withdraw the Invitation for Bids
(IFB) for the subject package without assigning any reason whatsoever and in such case
no bidder/intending bidder shall have any claim arising out of such action.

13.0 Address for Communication

DGM (CS) / Sr. Manager (CS)

NTPC Limited,
6th Floor, Engineering Office Complex,
Plot No. A-8A, Sector 24, NOIDA,
Distt. Gautam Buddha Nagar (U.P.), Pin – 201301, INDIA

Telephone No. : 9479496797/9650998784

e-mail : vipinsharma01@ntpc.co.in /arvindkumar01@ntpc.co.in

Websites : https://eprocurentpc.nic.in or
www.ntpctender.com or
www.ntpc.co.in

Procurement of Biomass Pellets on FOR Power Station basis for INVITATION FOR BIDS (IFB) PAGE
NTPC Mouda, Gadarwara and Khargone Power Plants
BID DOC. NO CS-0011-112H-9 3 OF 4
Clause No. INVITATION FOR BIDS (IFB)
14.0 Registered Office

NTPC Limited
NTPC Bhawan, SCOPE Complex,
7, Institutional Area, Lodi Road,
New Delhi – 110003

Corporate Identification Number: L40101DL1975GOI007966,

Website: www.ntpc.co.in

Procurement of Biomass Pellets on FOR Power Station basis INVITATION FOR BIDS (IFB) PAGE
for NTPC Mouda, Gadarwara and Khargone Power Plants
BID DOC. NO CS-0011-112H-9 4 OF 4
 VOLUME – II

INSTRUCTIONS TO BIDDERS (ITB)

CLAUSE NO.
INSTRUCTIONS TO BIDDERS (ITB)

A. INTRODUCTION

1.0 NTPC invites online bids on Single Stage Two Envelope bidding basis
(Envelope-I: Techno-Commercial Bid & Envelope-II: Price Bid) from eligible
bidders for the Package, as per the Scope of Work mentioned hereinafter.

Bidding for the package “Procurement of Biomass Pellets on FOR Power

Station basis for NTPC Mouda, Gadarwara and Khargone Power Plants
(LOT-2)” for 7 Years is open to bidders from within the Employer's country.

Instructions Related to E –Tendering:

E-Tender Portal: https://eprocurentpc.nic.in/

1.1 INTRODUCTION

NTPC Limited (hereinafter referred to as NTPC or the Employer) intent to

procure agro residue based biomass pellets as per technical specifications
mentioned herein, on ‘FOR Destination’ basis at Power Plants Mouda,
Gadarwara and Khargone. The delivery schedule and timely supply is the
essence of the contract.
The successful bidder shall ensure supply of agro residue based biomass
pellets as per required technical specifications to NTPC power stations,
arranging loading, transportation and delivery at NTPC power stations,
specified in detail in clause 6.0 of Technical Specifications and Scope of Work
Volume IV in the bidding documents mentioned herewith.
1.2 Bidder has to quote their prices for the quantity mentioned in BOQ enclosed
along with the bidding documents in accordance with the provisions of the
bidding documents.

Bidder may quote for any number of NTPC stations. Furthermore, the bidders
have to comply with the Qualifying Requirements and Allocation Criteria in
accordance to the number of NTPC stations they are intended to
quote/participate.

Bidders shall submit common Envelope-I (Techno- commercial) Bids for the
number of Projects they are interested in participating. Further, Bidders shall
submit separate Envelope-II (Price) Bids for such projects separately for
Torrefied and Non Torrefied pellets for which Bidder is interested in participating
as mentioned above.

1.3 General Information

i. The prospective bidders are invited to submit their Bid comprising of

Techno- Commercial Bid and Price Bid for the subject package, in line
with the provision of the bidding documents. Methodology for
submission of bids has been detailed hereinafter in this bidding
document.

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ii. The cost on account of preparation and submission of Bid, negotiations,

discussions etc., as may be incurred by the Bidder in the process, are
not reimbursable by the employer, and the employer will in no case be
responsible or liable for these costs, regardless of the conduct or
outcome of the bidding process.

iii. Transfer of Bidding Documents purchased by one intending Bidder to

another is not permissible.

iv. NTPC reserves the right to accept or reject any bid, and to annul the
bidding process and reject all bids at any time prior to award of contract,
without thereby incurring liability to the affected Bidder or bidders or any
obligation to inform the affected Bidder or bidders of the grounds for the
Employer’s action. Decision of Employer will be final and binding in this
regard.

v. Each Bidder shall submit only one bid either by himself, or as a partner
in a joint venture or consortium, if so permitted in the Bidding
Documents, each pellet type for a particular project. A Bidder
himself, or as a partner in a joint venture or consortium, who submits or
participates in more than one bid, each pellet type for a particular
project, in this bidding will be disqualified from the bidding.

Multiple bids by the same person (individually or as a part of a

Consortium/Subsidiary) are not allowed. Any person that controls
(directly or indirectly) a bidder or a member of the bidding Consortium
(Consortium)/Subsidiary, or any other person(s) which is/are controlled
(directly or indirectly) by the aforementioned person, or any person that
is controlled (directly or indirectly) by such bidder or member of bidding
Consortium/Subsidiary, shall not bid on its own or as a member of a
Consortium/Subsidiary for which the bidder or the bidding
Consortium/Subsidiary has submitted a bid.

For the purposes of this clause the terms ‘person’ means any individual,
company, corporation, partnership (whether limited or unlimited),
proprietorship, trust or any other entity (whether incorporated or not),
Hindu undivided family, union or association and in case of a trust shall
include the trustee or the trustees for the time being.

For the purposes of this clause the terms ‘control’ as applied to any
person, means the possession, directly or indirectly, of the power to
direct or cause the direction of the management or policies of that
person whether through acquisition of shares, voting securities, by
contract, or otherwise.

If it is found at any stage of bidding or during currency of the Contract (if

awarded), that the bidder/contractor have any common controlling
shareholders or ownership, directly or indirectly, with any other

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participating bidder(s), same pellet type in the same project, then their
Bid or Contract (if awarded) shall be rejected/ terminated.

Compliance to this provision shall be confirmed by the bidder through

Attachment 4.

vi. Throughout these Bidding Documents, the term Plant/Project/Station of

NTPC appearing anywhere in the Bidding Documents shall have the
same meaning and are synonymous to each other.

1.4 Qualifying Requirement

1. The APPLICANT should be of minimum 21 years of age (in case of

individual APPLICANT).

2. The Applicant shall be of Indian Nationality AND / OR a Company/ Sole

Proprietorships / Partnerships / Limited Liability Partnerships / Consortium
/ Cooperative Societies registered in India AND / OR Non-Resident
Indians / Persons of Indian Origin AND / OR a Multi-National Company
having its registered office in India registered / Overseas Corporate
Bodies having its registered office in India.

3. Bidding for the subject package is open to bidders from within the
Employer's country only, subject to fulfilment of conditions “Restrictions
on procurement from a Bidder of a country which shares a land border
with India”.

In case of Consortium, all the Partners of the consortium shall be from

within the Employer’s country.

Bidder shall provide the documents in support of the type of firm/ company
they own. In case of Individual applicant, Proof of Nationality and age like
voter cards, passport, Aadhaar etc. may be submitted

1.5 ALLOCATION CRITERIA

Maximum quantity allocation shall be 100 TPD/bidder/plant and cumulative

allocation shall not exceed 200 TPD for torrefied/non torrefied or combination
of both torrefied and non-torrefied pellets. However higher quantity allocation
up to 200 TPD per station and 500TPD on cumulative basis can be made as
per ITB clause 1.5.5 for quantity allocation.

Further, in case a bidder/ Consortium Partner comes out as successful bidder/

Consortium partner for cumulative orders of 200TPD/500 TPD as per allocation
criteria in this tender including previous 4 years and 7 years tender for
procurement of biomass pellets, after Price Bid opening in the order mentioned
at ITB clause 23.2, such bidders will not be allowed to participate further in the
Award process and their Price bids for remaining projects shall not be opened.

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- A Bidder who is participating as a consortium partner shall not participate in the

same Projects/Stations in this tender, as an individual Bidder/ Partner in any
other Consortium / LLP / Partnership firm.

- A Bidder who is participating in any of the project/Station in this Tender shall

not participate in the same projects/station through Partnership firm/LLP in
which he is Partner/Employee , Company in which he is Director/employee.

1.5.1 Allocation Criteria -1 : Financial Turnover:

I. Allocation shall be based on Maximum annual turnover of any of the five

preceding financial years. Maximum allocation per year shall be limited to
twice the maximum annual turnover for order up to 200TPD.

TPD shall be allocated as per following formula:

[Allocation TPD] = (Turnover x 2) / (Rate x 365); Rate in Rs/Ton

Rate shall be determined after matching L1 price in Rs. /1000Kcal.

II. Under this methodology, maximum allocation per vendor per station will be
limited to 100 TPD and total allocation will be limited to 200 TPD.

III. If Bidder wants to bids for more than 100 TPD per station, then allocation shall
be limited to actual Turnover (maximum in last five preceding years) of the
bidder subject to allocation of maximum 200 TPD per station per vendor and
500 TPD per vendor on cumulative basis for all plants. The allocation limit shall
apply to torrefied and non-torrefied taken together.

In this case, TPD shall be allocated as per following formula:

[Allocation TPD] = (Turnover) / (Rate x 365); Rate in Rs/Ton

Rate shall be determined after matching L1 price in Rs. /1000Kcal.

1.5.2 Allocation Criteria -2 : Manufacturing Capacity of Bidder:

If bidder has existing pellets manufacturing plant, allocation shall be limited to

existing manufacturing capacity as certified by a practicing Chartered
Accountant

Allocation upto 500TPD (cumulative) and 200 TPD per station can be made in
case of existing manufacturing capacity

1.5.3 Allocation Criteria -3 : Financial tie ups

In case bidder wants allocation more than their eligibility calculated as per
Above criteria at 1.5.1 or 1.5.2, the bidder shall have an option to have Financial
tie up/ agreement from financial institutions for setting up manufacturing

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capacity which shall be required to be submitted along with techno commercial

bids.

Bidder is required to submit Commitment letter/ Comfort letter/agreement from

Bank/Financial Institution for sanctioning of Loan to the bidder for the said
purpose along with Certificate by Chartered Accountant.

Capacity of pellets plant as certified by Bank shall only be considered for

quantity allocation. In case, bidder has provided Commitment letter/ Comfort
letter/agreement from Bank/Financial institutions specifying amount of loan to
be provided to bidder without indicating plant capacity, a certificate issued by a
CA is required to be submitted.

In case of financial tie ups, maximum allocation per vendor per station will be
limited to 100 TPD and total allocation will be limited to 200 TPD.

This will be applicable only when eligible quantity as per allocation criteria as
per 1.5.1 or 1.5.2 is less than 200TPD.
1.5.4 Allocation Criteria -4

In case bidder does not meet any of the criteria given at ITB Clause 1.5.1,
ITB Clause 1.5.2 or ITB Clause 1.5.3 for quantity allocation, but is having
annual turnover of at least Rs. 1.0 Crore in any of the five preceding financial
years, then bids of such bidders will be considered for maximum 20 TPD.

1.5.5 Final Quantity Allocation

If a bidder meets one or more allocation criteria, then allocation of quantity shall
be determined as under:

Total allocation *= [{Allocation as per turnover (clause 1.5.1 or 1.5.4 of ITB)} or

{existing manufacturing capacity (clause 1.5.2 of ITB)} ]+ {Allocation as per tie
up of manufacturing capacity (clause 1.5.3 of ITB)} – Past allocation in TPD for
4 years and 7 years pellets tenders.

However maximum allocation per vendor per station will be limited to

100TPD/200 TPD and total allocation will be limited to 200TPD/500 TPD as
the case may be as per allocation criteria defined in para 1.5.

1.5.6 Bidder shall not be allowed to quote for less than 20 TPD but NTPC can award
less than 20 TPD.

1.5.7 In case of Consortium, the combined Annual Turnover/manufacturing capacity

/Financial tie- up of the constituents/participants shall be considered for
allocation. In no case the maximum number of participants can exceed 3.

1.5.8 For allocation of quantity, refer ITB clause 27.5 Quantity Allocation and other
provision of bidding document.

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1.5.9 NTPC may agree for reduction in quantity after L1 price matching if bidder (other
than L1 bidder) desires to decrease the quantity as offered during bid.

B. BIDDING DOCUMENTS

The items and services required, bidding procedures, order/contract terms and
technical requirements are prescribed in the bidding documents.

2.0 Content of Bidding Documents

The bidding documents include the following sections:

 Invitation for Bids (IFB) - Volume - I

 Instructions to Bidders (ITB) - Volume - II
 General Conditions of Contract (GPC) - Volume - III
 Technical Specifications - Volume - IV
 Annexure/Attachments - Volume - V
/Formats/Schedules

Bidders are expected to examine all instructions, forms, terms, conditions,

specifications and other information in the bidding documents. Failure to
furnish all information required as per the bidding documents or submission
of a bid not substantially responsive to the bidding documents in every respect
will be at the Bidder's risk and may result in rejection of its bid.

2.1 Clarification on Bidding Documents

A prospective Bidder requiring any clarification to the bidding documents may

notify EMPLOYER through e-mail or in writing by post at the Employer’s
address indicated at IFB under Address for Communication . EMPLOYER will
respond to any request for clarification or modification of the bidding
documents that it receives not later than the date of Pre-Bid Conference as
specified in IFB. EMPLOYER will post the Clarifications at e-tender portal and
Bidders can view these clarifications once they are posted. Bidders are also
advised to regularly check e-tender portal regarding posting of
clarification/Corrigendum, if any.

“Further, no queries from Bidders shall be entertained after last date of

receipt of Queries as specified in IFB.

Should the clarification result in changes to the essential elements of the

Bidding Documents, the employer shall amend the Bidding Documents
following the procedure under 2.2 below.

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The Bidder is advised to visit and examine the Power Stations where the
supplies are to be made and its surroundings and obtain for itself on its own
responsibility and cost, all information that may be necessary for preparing
the bid and entering into a contract for supply of the biomass pellets. The costs
of visiting the Power Stations shall be borne by the Bidder fully.

The Bidder and any of its personnel will be granted permission by the
Employer to enter upon its premises and lands for the purpose of such
inspection, but only upon the express condition that the Bidder, its personnel
and agents will release and indemnify the Employer and its personnel from
and against all liability in respect thereof and will be responsible for death or
personal injury, loss of or damage to property and any other loss, damage,
costs and expenses incurred as a result of the inspection.

2.2 Amendment to Bidding Documents

At any time prior to the deadline for submission of bids, the Employer may, for
any reason, whether at its own initiative, or in response to a clarification
requested by a prospective Bidder, amend the bidding documents.

The amendments will be posted at e-tender portal for viewing by the Bidder.
The amendments will be binding on Bidders and it will be assumed that the
information contained therein will have been taken into account by the Bidder
in its bid. Bidders are also advised to regularly check e-tender portal regarding
posting of Amendment, if any.

In order to afford prospective bidders reasonable time in which to take the

amendment into account in preparing their bid, the Employer may, at its
discretion, extend the deadline for the submission of bids.

2.3 Pre-Bid Conference

The bidder or his authorised representative may attend Pre-bid Conference

through VC on MS Teams platform through link provided in the detailed IFB,
Section-I of bidding documents.

The purpose of the Conference will be to clarify any issue regarding the
Bidding Documents. The Bidder is requested to submit questions through
Seek Clarifications Tab of the tender portal prior to the clarification end date
& time and notify through e-mail regarding posting of queries. The Employer’s
responses to the queries raised by the bidder in writing will be posted at
Clarifications Tab/ through Corrigendum at e-tender portal and Bidders can
view these clarifications once they are posted. Bidders are also advised to
regularly check e-tender portal regarding posting of clarification etc, if any.
Further, any modifications of the Bidding Documents which may become
necessary as a result of the Pre-bid Conference shall be made by the

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Employer exclusively through an amendment/ errata to the bidding documents

and not through the record notes of the Pre-bid Conference.

Non-attendance at the Pre-bid Conference will not be a case for

disqualification of a bidder.

C. PREPARATION OF BID

3.0 Single Stage Two Envelope Bidding process shall be followed for the
subject Package, as under:

3.1 The Bid shall comprise of Envelope I : Techno-commercial Bid containing the
documents listed in ITB 20.1 and Envelope II: Price Bid containing the
documents listed in ITB 20.3

3.2 Bids are to be submitted complete in all respect with requisite information,
Certificates, Annexure and BOQ. It shall be free from any ambiguity, cutting or
overwriting.

3.3 A Power of Attorney, duly authorised by a Notary Public, is required to be

submitted by the bidder indicating that the person(s) signing the bid has/have
the authority to sign the bid and that the bid is binding upon the Bidder during
the full period of its validity in accordance with ITB Clause 10.0.

3.3.1 The Authority of the Person issuing the Power of Attorney shall also be
submitted by the bidder

3.3.2 For bidder participating as Consortium

The Power of Attorney by each Partner of Consortium in favour of their

respective signatory shall be submitted. One of the Partners shall be designated
as Leader, the authorization for which shall be evidenced by submitting the bid
along with a Power of Attorney signed by legally authorized signatories of all the
consortium Partners. The bid shall be signed so as to be legally binding on all
the Partners.

3.3.3 Bidder shall be required to upload scanned copy of the Power of Attorney of the
Bidder, as applicable, along with the Authority of the person issuing the Power
of Attorney, along with the bid as per ITB clause no. 20.1.1.

3.4 For preparation of Bid, Bidder is expected to examine the bidding documents in
detail. Material deficiencies in providing the information requested may result in
rejection of the bid.

3.5 If Power of Attorney/ Consortium Agreement form (as applicable) submitted by

Bidder (including MSE bidder) is not in acceptable form, then same is to be
submitted within 7 days of seeking clarification by NTPC. Thereafter in case of
non-submission of Power of Attorney/ Consortium Agreement form (as

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applicable) by the Bidder, Bids shall be liable to be rejected by the Employer as

being non-responsive.

4.0 LANGUAGE OF BID

The bid prepared by the Bidder and all correspondence and documents related
to the bid exchanged between the Bidder and NTPC shall be written in English
language, provided that any printed literature furnished by the Bidder may be
written in another language, as long as such literature is accompanied by a
translation of its potential passages in English language in which case, for
purpose of interpretation of the bid, the translation shall govern.

5.0 BID CURRENCY

All prices to be quoted by the bidders will be in Indian Rupees only.

6.0 BID FORM, PRICE SCHEDULES AND IMPORTANT CONDITIONS

6.1 The schedule of quantity with a tentative break-up proposed to be delivered to

power Plants of NTPC, within the package, is indicated in the bid documents.

6.2 The Bidder has to quote their prices as per the price schedule in Excel sheet
format enclosed along with BOQ sheet in the Bidding document.

Bidders are required to quote Quantity (MT per Day), GCV (Kcal/Kg), FOR
destination Price (Rs/MT) (Without GST) and GST rate (%) in the BOQ. The
total quantity for 07 years in MT and Total Landed Cost inclusive of taxes (in
INR/MT) will be calculated automatically in the BOQ.

Bidders shall be required to quote their prices item-wise for entire quantity as
mentioned in the Price schedule/BOQ for all the Projects they are interested
to participate identified under this package.

Single Price Schedule/BOQ shall be used for biomass pellet type (Torrified/
Non Torrefied) for every power plant project and the price schedules of the
Projects that Bidder is participating shall be uploaded in Cover type Price bid.

The net rate as indicated in the Price Schedule shall be filled up in Basic Price
Conditions field of the items (Torrefied/ Non‐Torrefied) specified in BOQ. The total
bid price(s) is automatically computed which can be viewed by the Bidder in BOQ.
However, award under the package to be made as per the provisions specified under
ITB clause 28.

6.3 Bidder shall undertake that they shall deal directly with NTPC and will not
engage any Agent to deal with NTPC.

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Compliance to this provision shall be confirmed by the bidder through

Attachment 4.

7.0 TENDER FEES AND BID SECURITY DECLARATION

7.1 A complete set of Bidding Documents may be downloaded by any interested

Bidder from NTPC e-tender website https://eprocurentpc.nic free of cost.

7.2 The Bidder shall submit the Bid Security declaration (Attachment-1) as per
Employers format of bid security declaration included in the Bidding
Documents.

7.3 If Bid Security Declaration form submitted by Bidder (including MSE bidder) is
not in acceptable form, then same is to be submitted within 7 days of seeking
clarification by NTPC. Thereafter in case of non-submission of Bid Security
Declaration form by the Bidder, Bids shall be liable to be rejected by the
Employer as being non-responsive.

8.0 Purchase Preference

8.1 Benefits to MSEs

Micro and Small Enterprises (MSEs) as per Ministry of Micro, Small and Medium
Enterprises as per MSMED Act 2006, for goods produced and services
rendered, shall be issued the bid documents free of cost and shall be exempted
from paying Earnest Money Deposit/ Bid Security.
For each station, participating MSEs quoting price within price band of L1 + 15
percent shall also be allowed to supply a portion of requirement by bringing
down their price to L1 price in a situation where L1 price is from someone other
than a Micro and Small Enterprise and such Micro and Small Enterprise shall be
allowed to supply up to 25 percent of total tendered value for each station. In
case of more than one such MSE, the supply will be shared proportionately (to
tendered quantity).
The benefit as above to MSEs shall be available only for Goods/Services
produced & provided by MSEs.
As per answer to FAQ no. 18 circulated vide Office Memorandum F.
No.22(1)/2012-MA dated 24.10.2016 “Policy is meant for procurement of goods
produced and services rendered by MSEs. However, traders are excluded from
the purview of Public Procurement Policy.”
MSEs seeking exemption and benefits should enclose a attested/self-certified
copy of registration certificate as a part of his bid, giving details such as
stores/services, validity (if applicable) etc. failing which they run the risk of their
bid being passed over as ineligible for the benefits applicable to MSEs

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a. MSEs seeking benefits as above should upload a copy of

UDYAM REGISTRATION CERTIFICATE as a part of their bid,
failing which their bid shall be treated as Non-MSE bid.

b. In case of MSE bidders, UDYAM REGISTRATION

CERTIFICATE (URC) may be uploaded as a documentary
evidence of their MSE status AND Declaration/ Undertaking (as
per Attachment-9) to avail preference in evaluation for MSEs. If
such document is not attached in the bid, ‘Preference to MSE’
shall not be given during evaluation for the tender.

Online generation of Udyam Registration Certificate, by the

entrepreneur, is available from 1st July 2020.Udyam Registration
Certificate shall be the ONLY valid MSME Registration Document.

8.1.1 Applicability of MSE Benefits

- Applicable towards Allocation of Quantity

- As per Annexure-Alloc-A, on submission of

 UDYAM REGISTRATION CERTIFICATE as a documentary evidence of

their MSE status

 Declaration/ Undertaking (as per Attachment 9)

(ANNEXURE-Alloc-A- 3)

 Certification from Charted Accountant (As per Attachment 9A)

For availing MSE benefits, bidder shall confirm that biomass pellets offered
and quoted is produced by them.

Further, the benefit of purchase preference will be available only when Bidder
is a manufacturer of biomass pellets and in case of non- manufacturing of
pellets by bidders, its bid shall be evaluated/treated as Non-MSE bid,
provided bidder has furnished Bid Security Declaration form as per ITB
clause 7.0.
The Purchase Preference shall be extended to MSE Bidders based on
UDYAM REGISTRATION CERTIFICATE submitted by them supported by
Certificate from Chartered Accountant specifying that Bidder has set-up
manufacturing plant for pellets and providing details like manufacturing
capacity of Plant for Biomass Pellet Manufacturing etc, along with the
Undertaking (Attachment-9) in support of the claim that such item(s) are
manufactured by the Bidder. The format to be furnished by the Bidder after
due certification from practicing chartered Accountant is attached at
Attachment-7B. In case, Chartered Accountant Certificate is not submitted
along with Bid and only valid MSE Certificate and Bid Security Declaration
Form is submitted by the Bidder, then Bidder shall be given an opportunity

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to submit requisite CA certificate in a time bound manner failing which, their

bid shall be treated as Non-MSE bid.

Purchase preference to eligible MSE will be given only for the item{s} quoted
by the bidder for which bidder is a manufacturer. If the MSE Bidder has only
submitted UDYAM REGISTRATION CERTIFICATE and if it is found at any
stage that none of the items offered/quoted by the MSE bidders / are
manufactured by them, their bid shall be treated as Non-MSE bid.

However, in case the MSE Bidder is manufacturing any / some of the quoted
item(s) then Purchase Preference benefits for MSEs shall be extended for
such item(s) being manufactured by them. For balance items, its bid shall be
evaluated as “Non MSE" bidder.

In case of Consortium, MSE benefits shall not be extended.

8.2 Preference to Make In India and granting of purchase preference to local suppliers

8.2.1 Only Class‐I local suppliers are eligible to bid. Bids received from bidders other than
'Class‐I Local supplier shall be out rightly rejected.

The minimum Local Content shall be:

Class-I Local Suppliers: 50%

8.2.2 Preference to Make in India and Eligibility for Participation of “Class-I local
suppliers” as mentioned in Annexure-I to ITB shall be applicable.

The 'Class-I local supplier’ shall be required to provide, in the Techno

Commericial Bid Form, self-certification / declaration that the Item offered
meets the local content requirement for 'Class-I local supplier' and shall give
details of the location(s) at which the local value addition is made.

Further, Bidder shall be required to submit a certificate from the statutory auditor
or cost auditor (in the case the bidder is a company) or from a practicing cost
accountant or practicing chartered accountant (in respect of bidders other than
companies) giving the percentage of local content during execution prior to
submission of last bill for payment.

In case aforesaid Certificate furnished by Contractor/Vendor is not in line with

the declaration in respect of Local content in their bid, same shall be treated as
false declaration.

False declarations will be dealt in line with the Fraud Prevention Policy and
Policy & Procedure for Withholding and Banning of Business Dealings of
NTPC.

Note: Import of raw materials is not allowed. Further, Manufacturing and

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Supply of Biomass pellets shall be from INDIA only.

8.2.3 For purchase preference, MSE guidelines mentioned above in 8.1 read in
conjunction with “Preference to Make in India and granting of purchase
preference to local suppliers” mentioned in Annexure-I to ITB, shall be
applicable

8.3 Benefits to “Punjab, Haryana and NCR bidders”

Bidders sourcing raw materials (agro residue-preferably rice straws) from

Punjab, Haryana and NCR [hereinafter called as Punjab bidders] for
manufacturing of pellets towards Allocation of Quantity as per Annexure- Alloc-
A, only on submission of

1) Under taking as per format Annexure-Alloc-A-2 (mentioned under

Attachment-6)

9.0 CERTIFICATE REGARDING NO DEVIATION

9.1 No deviation, whatsoever, is permitted by NTPC, to any provisions of the

Bidding Documents. The bidders are advised that while making their Bid and
quoting prices, all terms & conditions may appropriately be taken into
consideration.

9.2 Bidders shall certify their full compliance to all the provisions of Bidding
Documents and its subsequent Corrigendum(s)/ Amendment(s) /
Clarification(s) / Addenda / Errata, if any, issued by the Employer, by accepting
the following at General Technical Evaluation at NTPC e-tender portal
https://eprocurentpc.nic.in:

“Do you certify full compliance to all provisions of Bid Doc?”

Acceptance of above attribute shall be considered as Bidder's confirmation that

any deviation to any Provisions found anywhere in their Bid Proposal, implicit
or explicit, shall stand unconditionally withdrawn, without any cost implication
whatsoever to the Employer, failing which the Bid shall be rejected.

9.3 Bidders shall certify their compliance to ITB Clause “Restrictions on

procurement from a Bidder of a country which shares a land border with India”
by accepting the following at General Technical Evaluation at NTPC e-tender
portal https://eprocurentpc.nic.in:

“Do you certify full compliance on ITB Clause “Restrictions on

procurement from a Bidder of a country which shares a land border with
India”?”

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Acceptance of above attribute shall be considered as Bidder's confirmation that

Bidder has read and understood the ITB Clause regarding “Restrictions on
procurement from a Bidder of a country which shares a land border with India”
and its bid is in compliance to this clause.

In case it is established that Bidder has provided any false information in

pursuance of the aforesaid ITB Clause, while competing for this contract, its bid
shall be rejected.

In case of a successful bidder, if it is established that the Bidder has not

complied with terms of aforesaid ITB Clause, during execution of contract, this
would be a sufficient ground for immediate termination of the contract as per
GPC Clause titled ‘Termination” and shall be dealt accordingly.

9.4 Bidders shall certify their compliance to ITB Clause “Preference to Make in India
and eligibility for participation” by accepting the following at General Technical
Evaluation at NTPC e-tender portal https://eprocurentpc.nic.in:

“Do you certify full compliance on ITB Clause “Preference to Make in India
and eligibility for participation”?”

Acceptance of above attribute shall be considered as Bidder's confirmation that

Bidder has read and understood the ITB Clause regarding “Preference to Make
in India and eligibility for participation” and its bid is in compliance to this clause.
Bidder shall be required to submit a certificate from the statutory auditor or cost
auditor (in the case the bidder is a company) or from a practicing cost
accountant or practicing chartered accountant (in respect of bidders other than
companies) giving the percentage of local content during execution prior to
submission of last bill for payment.

In case aforesaid Certificate furnished by Contractor/Vendor is not in

compliance of ITB Clause regarding “Preference to Make in India and eligibility
for participation” in respect of Local content in their bid, same may be treated
as false declaration and may be dealt in line with the Fraud Prevention Policy
of NTPC.

9.5 EMPLOYER’s determination of a bid’s responsiveness is to be based on the

contents of the bid itself without recourse to extrinsic evidence. If a bid is not
substantially responsive, it will be rejected by EMPLOYER, and may not
subsequently be made responsive by the Bidder by correction of the
nonconformity.

10.0 PERIOD OF VALIDITY OF BID

10.1 The bidder is to ensure that its bid initially shall remain valid and open for acceptance
for one hundred & eighty (180) days from the date of opening of Techno‐Commercial
Bid. The bid valid for shorter period shall be rejected by the employer as being non‐
responsive.

10.2 In exceptional circumstances, Employer may solicit the Bidder's consent to an

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extension of the bid validity period. The request and responses thereto shall be
made in writing by post, or e-mail. A Bidder may grant or refuse the request. A
Bidder granting the request will not be required nor permitted to modify its bid.

11.0 PRICE BASIS

Bidders are required to quote on FOR station basis as mentioned in detailed

IFB .The bidders are required to include all the freight & Insurance (as
applicable) charges and all incidentals in the prices quoted.
Prices quoted by the Bidder shall be subject to adjustment during performance
of the Contract to reflect changes in the cost of labour, material, etc. in
accordance with the procedures specified in ITB clause 30. The price
adjustment provision will not be taken into consideration in bid evaluation.
Bidders are required to refer Technical specification/Detailed BOQ before
quoting the rates and prices in BOQ.xls sheet for corresponding items. It may
be noted that the “Item Description” appearing in BOQ.xls sheet (short Text), is
very brief only and is not exhaustive.
In case of any discrepancies/variations in item Description between Technical
Specification/ Detailed BOQ and BOQ.xls (short Text), the description
appearing in Technical Specification/Detailed BOQ shall prevail and it would
be deemed that the Bidder has read the Technical Specification/Detailed
BOQ, Drawings (if any) and other sections of Bidding Documents to ascertain
full scope, included in each item, while filling the rates/prices shall be deemed
to include the full scope, as per Technical Specification.

12.0 TRANSIT INSURANCE

Bidder shall be responsible for transportation and safe delivery of material.

Transit Insurance charges if any shall be included by the bidder in their quoted
FOR prices.
13.0 FREIGHT

The material is to be supplied directly to site at the plants of NTPC mentioned

at ITB clause 1.0
Bidder shall be responsible for transportation and safe delivery of material.
The bidders are required to include the freight charges in the prices quoted i.e.
quote on FOR destination basis.

14.0 DELIVERY START DATE AND DELIVERY SCHEDULE

As specified in clause 6.0 of technical specifications and scope of work.

Further, contractor shall submit the monthly progress report to Engineer-in-
charge regarding progress of pellet plant setting through e-mail on the format
provided by NTPC.

Non satisfactory performance in setting up of pellet plant may lead to

cancellation of the LOI.

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INSTRUCTIONS TO BIDDERS (ITB)

Any bidder having awarded a Contract and is unable to successfully setup

pellet plant within 270 days, as provided in the Contract is liable for action. In
such case the security deposit of the bidder is liable to be forfeited and the
bidder is liable to be debarred for subsequent tenders.

Bidder to ensure that manufacturing Plant set up / to be set up by the

bidder is registered with the same Company name through which they
have participated in the Bid.

For example if ‘X’ is a Proprietorship Firm/Partnership Firm/

Company/JV Company, then Manufacturing Plant should also be
registered in the name of such Proprietorship Firm/Partnership
Firm/Company/ JV Company only, as the case maybe. However, in case
of bidding by “Consortium” manufacturing plant must be registered in
the name of at least one of the Partners.in case of partnership plant may
be registered in any name of partner

If a bidder participates from a Company named “XXXX”, then the

Manufacturing Plant should also be registered in the name of “XXXX”
only.

If after award of the Purchase Order/Contract it is found that the manufacturing

plant from which supplies are being made, is not registered in the name of the
Contractor/ one of the partner of Consortium, to whom Purchase
Order/Contract is awarded then the Contract shall be terminated and security
deposit of the bidder is liable to be forfeited and bidder is also liable to be
debarred for subsequent tenders.

15.0 CONTRACT PERIOD

A Bidder shall offer to supply pellets (torrified/ non-torrified) for a period of

Seven years.
16.0 BID PRICES

16.1 For quoting the Bid Prices, the Bidder are expected to take into account the
requirements and conditions of the bidding documents. The Bid Prices shall be
quoted in price schedule in Excel sheet format, which shall be updated
indicating the exchange rate, as detailed herein, in accordance with provisions
of the Bidding documents.

The Bidder has to quote the total F.O.R. NTPC Station Basis Price including
all taxes and duties except GST on FOR Price for the Package in Indian
Rupees. The Bidder has to quote the total F.O.R. NTPC Station Basis Price
including all taxes and duties except GST in Indian Rupees. The Bidder is
required to quote GST separately in the BOQ sheet The detailed calculations
are as shown in Excel Sheet of the Price Schedule.

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16.2 The prices are to be quoted by the as per the format provided in the bidding
documents. The quoted prices are to remain valid during the entire currency of the
Contract, till the complete execution.

Bidders to note that Awards under the package to be made would be as per
provisions specified under ITB Clause 28. The quoted unit rates of bidders
under the various components in price schedule in Excel sheet format are to
remain valid irrespective of the quantities considered for award to the bidder by
the Employer, as per award criteria specified elsewhere in the Bidding
Documents.

16.3 All charges for the entire scope of work should be included in the quoted price
and the same should be for entire execution of the contract, in line with the
Technical Specifications including Scope of Work and bidding documents
provisions.

Bidders are required to quote the price for the commercial, contractual and
technical obligations outlined in the bidding documents.

16.4 The terms EXW, FOB, C&F, CIF, FOR etc., shall be governed by the rules
prescribed in the current edition of Incoterms, published by the International
Chamber of Commerce, 38 Cours Albert 1er, 75008 Paris, France.

16.5 Under GST regime, if input tax credit (ITC) benefits is available to the bidder,
Bidder to quote their Price bids taking the same into consideration. NTPC shall
not be in any way, responsible for the same.

16.6 In the event of any corrections in the Bid, the same should be authenticated by
signature of the authorized signatory signing the Bid.

17.0 FRAUD PREVENTION POLICY

The Bidder along with its associate/collaborator/subcontractors/sub-vendors/

consultants/service providers shall strictly adhere to the Fraud Prevention
Policy of Employer displayed on its tender website https://ntpctender.ntpc.co.in
and shall immediately apprise the Employer about any fraud or suspected fraud
as soon as it comes to their notice.

Acceptance of the Fraud Prevention Policy of NTPC is to be also given on-line

by accepting the following attribute in General Technical Evaluation at NTPC
e-tender portal:
“Do you accept Fraud Prevention Policy of NTPC?”
Acceptance of above attribute shall be considered as Bidder’s confirmation that
Bidder unconditionally adheres to NTPC’s “Fraud Prevention Policy”.

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18.0 Format and Signing of Bid

The bid including all documents attached/uploaded on the e-tender portal shall
be digitally certified using Class-III signature by a duly authorised representative
of the Bidder to bind him to the contract. The authorization shall be indicated by
written power of attorney as per ITB Clause 3.3 and shall be submitted prior to
date & time for opening of Techno-Commercial bid as per ITB clause 20.

D. Submission of Bid

19.0 Bidding Procedure

19.1 Bidders shall submit their Bids [Common Envelope‐I (Techno‐ Commercial) Bid and
separate Envelope‐II (Price) Bids] as per the Terms and Conditions of the Common
Bidding Document no CS‐0011‐112H‐9.

19.2 Bidder can submit their Common Envelope‐I (Techno‐Commercial) Bids for any
number of the projects mentioned at clause 1.0 of ITB

19.3 As per evaluation and award criteria stipulated herewith Bidders shall submit the
Bid Security Declaration as specified in Clause 7.0 of ITB

As brought out at clause 1.0 of ITB, Single Stage Two Envelope Bidding process is
being followed for Biomass Pellet Procurement. Accordingly, Bidders shall submit
common Envelope‐I (Techno‐ commercial) Bids for the number of Projects they are
interested in participating. Further, Bidders shall submit separate Envelope‐II (Price)
Bids for such Projects for which Bidder is interested in participating .

19.4 Price bids submitted by the Bidder shall be opened and evaluated separately
for each Project in the sequence the Projects are listed at clause 20.3 of ITB.

B. BIDDING DOCUMENTS

20.0 ONLINE SUBMISSION OF BID DOCUMENTS & PRICES

The Bid (comprising the Bid Forms as per Section-V, together with its
Attachments (Techno-commercial and price) and Price Schedules) shall be
submitted simultaneously at the e-tender portal through e-tender mode in the
manner specified elsewhere in bidding document. No Manual/ Physical Copy of
the Bid shall be acceptable

20.1 Envelope-I: Techno-Commercial Bid [Common for three (03) Projects

The IFB/Tender No for Envelope-I (Techno-commercial) Bid in NTPC

GePNIC tendering website is as mentioned in detailed IFB

Bidders are required to submit common Techno-Commercial Bid for all the
Projects (one or more) for which Bidder is interested with respect to the
IFB/Tender No.

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Documents to be uploaded for Techno Commercial Bid (Envelope-I) of

etender

The Techno-Commercial Bid comprises of following documents to be

submitted online as per Envelope type:

20.1.1 Documents to be uploaded in fee cover of Techno Commercial Bid of etender

(a) Attachment 1: Bid Security Declaration Form

Bid security declaration form shall be furnished in accordance with ITB Clause
7.0.

(b) Attachment 2: Power of Attorney

In accordance with ITB Clause 3.3, Bidder shall be required to upload scanned
copy of the Power of Attorney of the Bidder along with the Authority of the
person issuing the Power of Attorney

20.1.2 Documents to be uploaded in Pre-Qual/Technical Cover of Techno

Commercial Bid of etender

Unconditional Techno-Commercial Bid Form duly completed including

Annexures other than those stipulated at ITB clause 20.1.1 above together with
the following attachments shall be uploaded on the e-tender portal in Pre-
Qual/Technical Cover/Envelope as mentioned below:

a) Unconditional Techno Commercial Bid Form

b) Attachment-3: Bidder details as per Employer format along with required

documents as mentioned therewith

Note- MSE bidders shall also upload a copy of UDYAM REGISTRATION

CERTIFICATE

c) Attachment-4: Declaration regarding Ownership/Partnership cum

submission of single financial bid and no common controlling
shareholders or ownership or cross holding directly and/or indirectly in
any manner whatsoever with any other participating bidder in the same
station and the details of Foreign Principals of Indian Bidders

The Bidder shall furnish information with regards to disclosure of the

ownership details including its foreign principals or associates

d) Attachment-5 (in Bidder’s format): Consortium agreement (if applicable)

entered into by the consortium partners shall be submitted with the bid.

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e) Attachment- 6: Declaration of Number of Plants Bidder is interested to

participate and Under taking for availing Benefits as “Punjab, Haryana and
NCR bidders as per Employer’s Format.

f) Attachment 7: Allocation Criteria

Documents in accordance with Clause ITB clause 1.5 Allocation Criteria,

seeking Quantity allocation as per Bidding Documents provision

 Attachment 7A: Bidder’s turnover data for last 5 financial years as per
Employer’s format along with supporting documents

 Attachment 7B: Certificate by Chartered Accountant on Letter Head for

bidders’ manufacturing capacity and existing commitment as per
Employer’s format

 Attachment 7C: Financial Tie ups with Banks/Financial Institutions of

Bidders as per Employer’s format along with supporting documents.

Any other document, bidder feels is important to establish the allocation and
fulfill the tender requirements.

g) Attachment-8: Declaration of Past orders and quantity supplied as per

Employer’s format.

h) Attachment-9: Undertaking to be given by MSE Bidder for Availing

Benefits [as applicable] as per format ANNEXURE- Alloc-A-3

i) Attachment-10: Technical Data Sheets

Technical Data Sheets duly filled in as per the Employer's format, enclosed as
Annex-I to Technical Specifications.

j) Attachment 11: Additional Information

Additional Information which the bidder wishes to provide in his bid.

k) Attachment 12: EFT Form

Electronic Fund Transfer Form duly filled in as per Employer's format.

l) Attachment-13: Check List of documents to be submitted for Techno‐Commercial

Bid

20.2 Full Compliance to all the Provisions of the Bidding Documents

While submitting online Bid All Bidders are required to certify their compliance
to the complete Bidding Documents by accepting the following attributes in
GTE at NTPC GePNIC E-tender site:

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1. “Do you accept Withholding and Banning of Business Dealing Policy of

NTPC?”

2. “Do you accept the Fraud Prevention Policy of NTPC?”

3. “Do you certify full compliance to all provisions of Bid documents?”

4. “Do you accept Bid Security Declaration”.

5. “Do you certify full compliance on Qualifying Requirements”

6. “Do you certify full compliance on clause as per tender documents On

Restrictions on procurement from a Bidder of a country which shares a
land border with India”.

7. “Confirm that you are a LOCAL SUPPLIER, and the LOCAL CONTENT
included in SCOPE OF SUPPLY FOR ALL QUOTED ITEMS (Item-wise
Evaluation) OR COMPLETE SCOPE OF SUPPLY (Package-wise
Evaluation) meets the MINIMUM LOCAL CONTENT requirements of the
Tender”.

8. Do you Commit to all the provisions of the Integrity Pact?

Bids cannot be submitted without acceptance of above attributes.

Acceptance of above attribute shall be considered as bidder’s confirmation that

Bidder unconditionally adheres to NTPC’s Banning and Fraud Prevention policy
uploaded on NTPC tender website (https://ntpctender.ntpc.co.in). Further, any
deviations, variations and additional conditions found anywhere in their Bid
Proposal, implicit or explicit, shall stand unconditionally withdrawn, without any
cost implication whatsoever to Owner, failing which the Bid shall be rejected

Note: The Techno-Commercial Bid should not contain any price content
entry. In case, the Techno-Commercial Bid is found to contain any price
content, such bid shall be liable for rejection.

20.3 Envelope-II: Price Bid [Separate for three (03) Projects]

Bidders have to submit Envelope-II (Price Bid) separately in BOQ template

enclosed with tender documents for each project for which Bidder has shown
interest in Techno-Commercial Bid as per ITB clause no. 1.0. The IFB/Tender ID
No. for uploading Envelope-II (Price Bid) in NTPC GePNIC website for the
projects:

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Sl. Project ITEM GePNIC Tender ID

Name
1. Mouda Torrefied Biomass 2022_NTPC_67389_1
Super Pellet
Thermal Non- Torrefied 2022_NTPC_67399_1
Power Biomass Pellet
Project
Station
2. Gadarwara Torrefied Biomass 2022_NTPC_67412_1
Super Pellet
Thermal Non- Torrefied 2022_NTPC_67420_1
Power Biomass Pellet
Project
3. Khargone Torrefied Biomass 2022_NTPC_67423_1
Super Pellet
Thermal Non- Torrefied 2022_NTPC_67424_1
Power Biomass Pellet
Project

NOTE:

1.0 Price Bids for Torrefied pellets and Non torrefied pellets shall be opened
separately in project wise sequence as mentioned above. Further,
opening of price bids for Torrefied pellets shall be followed by Non-
Torrefied pellets in accordance with the provisions of the bidding
documents

2.0 Price bids submitted by the Bidder shall be opened simultaneously and
shall be evaluated separately for each station, in accordance with the
provisions of the bidding documents

Documents to be uploaded for Price Bid (Envelope-II) of etender

The Price bid comprises of following two categories of documents to be

submitted online as per cover type:

20.3.1 Documents to be uploaded in Price Bid form cover of Price Bid of etender

a) Unconditional Price Bid Form

Note: Document(s) uploaded other than Unconditional Price Bid Form in Price
bid form cover of price bid shall not be given any cognizance.

20.3.2 Documents to be uploaded in Finance cover of Price Bid of etender

20.3.3 Price schedule be submitted by bidder online on the e-tender portal in the
Finance Cover as mentioned below

Price Schedule: Bidders shall be required to quote their prices biomass pellet
type –wise (torrefied/ non torrefied) for all the Projects they are interested to

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participate identified under this package comprising of three (03) projects.

Single Price Schedule for each type of pellet shall be used for every plant
and the price schedules of the Projects that Bidder is participating shall be
uploaded in finance cover of Price bid. The net rate as indicated in the Price
Schedule shall be filled up in Basic Price Conditions field of the items (Torrefied/
Non-Torrefied) specified in BOQ. The total bid price(s) is automatically
computed which can be viewed by the Bidder in BOQ

Bidders may note that Price Bid Form and price schedule should not be
uploaded in Pre-Qual/Technical Cover/Envelope

Further, Price Bid should not contain any matter in respect of Technical and / or
Commercial aspects other than the details specifically sought in the Price Bid.
If the Technical/commercial matters indicated in Price Bid form are found to be
in contradiction with the details furnished in Techno-Commercial Bid, the details
furnished in Techno-Commercial Bid shall prevail.

21.0 DEADLINE FOR SUBMISSION OF BIDS

21.1 Bids (Techno‐commercial bid and price bid) shall be submitted in compliance to the
provisions of the bidding documents no later than the time and date specified in the
bidding documents/ any subsequent communication from the employer.

In the event of the specified date for submission of bids being declared a holiday
for the Employer, the bids will be received up to the appointed time on the next
working day.

21.2 The Employer may, at its discretion, extend this deadline for submission of bids by
amending the bidding documents in accordance with ITB Sub‐Clause 2.2 in which case
all rights and obligations of Employer and Bidders will thereafter be subject to the
deadline as extended.

Date & Time for opening of Price Bid shall be intimated separately to the bidders
whose techno‐commercial bid is found to be acceptable as detailed in ITB clause 23.2.

22.0 MODIFICATION AND WITHDRAWAL OF BIDS

22.1 The Bidder may modify or withdraw its bid after submission prior to the deadline
prescribed for bid submission. In case of withdrawal a letter giving the reason
for withdrawal is to be uploaded. Once a bid is withdrawn, the bid cannot be re‐
submitted.

22.2 No bid may be withdrawn in the interval between the bid submission deadline
and the expiration of the bid validity period specified in ITB Clause 10.0
Withdrawal of a bid during this interval may result in bidder being ineligible for
participation in the future tenders issued from NTPC for a period of 06 months
from the date of withdrawal of the bid.

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E. BID OPENING AND EVALUATION

23.0 Opening of Bids

23.1 Techno-Commercial Bid Opening

23.1.1 The Employer will first open Techno-Commercial Bid, on the date online at IFB
/ any subsequent communication from the employer. Bidder’s attendance during the
Techno‐Commercial Bid opening in NTPC premises is not envisaged. In the event of
the specified date for the opening of bids being declared a holiday for
EMPLOYER, the bids will be opened at the appointed time on the next working
day.

23.1.2 The Price Bid will remain unopened and the date and time for opening of price
bids shall be intimated separately by EMPLOYER after completion of
evaluation of Techno-Commercial Bids.

23.1.3 Only those bidders who are eligible by fulfilling the laid down criteria of the relevant
stage of the bid will be able to check bid opening status through e‐tendering portal.

23.2 Price Bid Opening

23.2.1 After the evaluation process of Techno-Commercial bid is completed,

Employer will inform the eligible Bidders in writing regarding date, time set for
the online opening of Price Bid/ any subsequent communication from the
employer. Bidders, whose Techno-Commercial Bid is not substantially
responsive, and/or not meeting the Qualifying Requirements shall also be
informed in writing and their Price bid will be rejected and shall not be opened.

23.2.2 Price Bid for torrefied pellets and non-torrefied pellets shall be opened
separately in project wise sequence as specified at clause 20.3 of ITB above.
Further, opening of price bids for torrefied pellets shall be followed by non-
torrefied pellets. After the evaluation process of Techno-Commercial bid is
completed, Employer will inform in writing the eligible Bidders regarding date
and time set for the opening of Price Bid for each project .

23.2.3 Price bids of those Bidders, who have been considered qualified and whose
Techno-Commercial Bid is found to be responsive, will be opened online.
Bidder’s attendance during the Price Bid opening in NTPC premises is not envisaged.

23.2.4 The participating bidders will be able to view the bid prices of all the bidders after
online opening of Price Bids by Employer

24.0 Clarification on Bids

24.1 During bid evaluation, EMPLOYER may, at its discretion, ask the Bidder for a
clarification of its bid including documentary evidence pertaining to the details
mentioned in the bid for the purpose of meeting Qualifying Requirement and
Allocation Criteria as specified in bidding documents. The request for
clarification and the response shall be in writing only No post bid clarification at

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the initiative of the bidder shall be entertained as all such clarifications would have
been obtained prior to the submission of the bid.

25.0 Preliminary Examination of Techno-Commercial Bids

25.1 Employer will examine the Bids to determine whether the same are complete,
whether required documents have been furnished, whether the documents have been
properly signed and whether the Bids are generally in order.

25.2 For the bidders who have been technically qualified in earlier supply of biomass
pellets tender of NTPC for 7 years period (CS-0011-112F-9 and future tender
), in case clarification is sought from the bidders and no suitable reply is
received then the sought information as received in the earlier biomass tenders
would be taken in consideration for evaluation of their bids submitted against
this tender.

25.3 The Employer 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.

25.4 Prior to the detailed evaluation, NTPC will determine whether each bid is of
acceptable quality, is complete, and is substantially responsive to the Bidding
Documents. For purposes of this determination, a substantially responsive bid
is one that (a) materially conforms to all the terms, conditions and specifications
of the bidding documents without material deviations, objections,
conditionalities or reservations. A material deviation, exception, objection,
conditionality, or reservation is one: (i) that affects in any substantial way the
scope, quality, or performance of the contract; (ii) that limits, in any substantial
way that is inconsistent with the Bidding Documents, the Employer’s rights or
the Successful bidder’s obligations under the Contract; or (iii) whose
rectification would unfairly affect the competitive position of other Bidders who
have submitted substantially responsive bids.

25.5 No deviation, whatsoever, is permitted by EMPLOYER to any provisions of

Bidding Documents. Bidders shall certify their full compliance to all the provisions of
Bidding Documents and its subsequent Corrigendum(s)/ Amendment(s) /
Clarification(s) / Addenda / Errata, if any, issued by the Employer, by accepting the
following at General Technical Evaluation at NTPC e‐tender portal
https://eprocurentpc.nic.in:

“Do you certify full compliance to all provisions of Bidding Doc?”

Acceptance of above attribute shall be considered as Bidder's confirmation that

any deviation to any Provisions found anywhere in their Bid Proposal, implicit
or explicit, shall stand unconditionally withdrawn, without any cost implication
whatsoever to the Employer, failing which the Bid shall be rejected.

25.6 The Employer's determination of a bid's responsiveness is to be based on the

contents of the bid itself without recourse to extrinsic evidence and any written

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clarifications, submitted by the bidder, if sought for by Employer. If a bid is not

substantially responsive, it will be rejected by the Employer, and may not
subsequently be made responsive by the Bidder by correction of the
nonconformity.

25.7 QUALIFICATION AND ALLOCATION CRITERIA

Bidders shall certify their compliance on "Qualifying Requirements" on-line

through e-tendering portal by accepting General Technical Evaluation at
NTPC e-tender portal https://eprocurentpc.nic.in:

“Do you certify full compliance on Qualifying requirements’’

Employer, by the examination of Techno-Commercial Bid, will determine to its

satisfaction whether the participating bidders are qualified to satisfactorily
perform the contract in terms of the qualifying requirements and allocation
criteria stipulated in the bidding documents. The determination will take into
account the bidder’s financial and technical capabilities, in particular its
contracts, works in hand, future commitments and current litigation. It will be
based upon an examination of documentary evidence of bidder’s qualification
submitted by the bidder, pursuant to ITB Clause 1.4 and 1.5 as well as such
other information as Employer deems necessary and appropriate.

Notwithstanding anything stated anywhere else in the bidding documents,

Employer reserves the right to seek in writing information relating to qualifying
requirements and allocation criteria in addition to details contained in the bid.
The bidder shall furnish required information promptly to the Employer.

NTPC reserves the right to verify any claims made by vendors and to carry out
a capability assessment. The decision of NTPC shall be final in this regard.
Notwithstanding any stated above, NTPC reserves the right to undertake a
physical assessment of the capacity and capabilities including financial capacity
and capability of the Bidder to perform the Contract, should the circumstances
warrant such as assessment in the overall interest of NTPC.

Bids not meeting the requirements as stated in the Bidding Documents/NIT shall
be rejected. An affirmative determination of meeting the qualifying requirements
and allocation criteria will be a prerequisite for further evaluation of Techno-
Commercial bid. A negative determination will result in rejection of the Bidder’s
Techno-Commercial Bid in which event EMPLOYER will not open the Price Bid
of the concerned bidder and

26.0 DETAILED EVALUATION OF TECHNO ‐ COMMERCIAL BIDS

Techno-commercial Bids, prepared and comprising details/documents in line

with ITB Sub-Clause No. 20.1.2 submitted by Bidders will be evaluated as
described below:

26.1 Employer will carry out a detailed evaluation of the Techno-Commercial Bids,
previously determined to be responsive, in order to ascertain that the bidder
fully meets Qualifying Requirements (ITB Clause 1.4) and Allocation Criteria,

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(ITB clause 1.5) and other provisions of bidding document, thereby eligible for
quantity allocation as mentioned under ITB clause 27.5 and other provisions of
bidding documents

26.2 Detailed evaluation of the Techno-Commercial Bids shall determine whether

the various aspects are in accordance with the Technical and Commercial
aspects and requirements set forth in the Bidding documents. In order to reach
such a determination, the employer will examine and compare the technical
aspects of the bids on the basis of the information supplied by the bidders,
taking into account the following factors,

i) Overall completeness and compliance with the Technical Specifications. The

bid that does not meet acceptable standards of completeness, consistency and
detail will be rejected for non-responsiveness.

ii) Any other relevant factors listed in the General Purchase Conditions, and
Instruction to Bidders, or that EMPLOYER deems necessary or prudent to take
into consideration.

During the course of Detailed technical evaluation, owner shall examine the
bids to determine whether they are complete, whether document have been
properly submitted and whether bids are generally in order. Material
deficiencies in the bid may render the bid as non-responsive and lead to
rejection of the bid.

Detailed Technical evaluation will be carried out to determine as to whether

technical aspects are in accordance with the requirements set forth in this
document.

Employer's determination of responsiveness will be based on contents of the

bid itself and any written clarifications, submitted by the bidder, if sought for by
Employer.

The bids considered as technically acceptable shall only be construed as

qualified bid and only such bids shall be taken up for further evaluation and
comparison.

Bidder may note that deviations, variations and additional conditions etc. found
anywhere in the bid, shall not be given effect to in evaluation and it will be
assumed that the Bidder complies to all the conditions of Bidding Documents
and its subsequent Amendment(s) / Clarification(s) / Addenda / Errata, if any,
issued by the Employer. In case the Bidder refuses to withdraw deviations
implicit or explicit found anywhere in the bid, without any financial implication
whatsoever to the Employer, the bid shall be rejected.

26.3 After the evaluation process of Techno-commercial Bid is completed, Employer

will inform the eligible bidders, in writing, regarding schedule of Price Bid
Opening.

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27.0 EVALUATION OF PRICE BID

Price Bid, prepared and submitted comprising details / documents in line with
ITB Sub-Clause 20.3, by Bidders found eligible after evaluation of Techno-
Commercial Bids, submitted in accordance with ITB will be evaluated as
described hereinafter:

27.1 The Employer will examine the Price bids to determine whether they are complete,
whether any computational errors have been made, and whether the bids are
generally in order.

27.2 The evaluation shall be based on the evaluated cost of completing the contract in
compliance with all commercial, contractual and technical obligations under this
Bidding Documents. The Bids shall be evaluated for arriving at total FOR NTPC Station
basis price as computed in the price schedule.

27.3 The tentative schedule of quantity with a break‐up proposed to be delivered to

various Power Plants of NTPC, within the Package, is mentioned at Technical
Specifications. However, Bidders at their own cost, should make themselves aware
of all the different Power Plants of NTPC and various costs involved in delivering
biomass pellets to NTPC Power Plants.

27.4 The Evaluated Bid Price shall be arrived at considering the Plant-wise quoted
FOR NTPC Station basis prices at respective Plant, within the Package, Plant-
wise indicated quantities for the plants, as further detailed at technical
specifications. However, the Quantity Allocation ( ie actual quantity to be
supplied) may vary as per the provisions of the bid documents.

27.5 Quantity Allocation

27.5.1 The evaluation shall be done on Item-wise basis and Quantity allocation shall
be done as per methodology given at Annexure- Alloc-A for placement of order
shall be followed for each Plant as per list mentioned at ITB clause 1.0 above.

27.5.2 Final Quantity Allocation

If a bidder meets one or more allocation criteria, then allocation of quantity shall
be determined as per para 1.5.5 above.

Note:- The quantity in TPD will be rounded to higher side in multiple of 10

27.5.3 Further, allocation limit of 200TPD or 500TPD (as the case may be) shall be
applicable for cumulative orders across all NTPC plants, i.e., including orders
against the current Tender as well as earlier tender (CS-0011-112F-9 and future
tender)

27.5.4 A single bidder shall be considered for award subject to a limitation of

cumulative order of 200 TPD / 500 TPD ( as per allocation criteria stated in ITB
clause 1.5 for Torrefied & Non Torrefied pellets.

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Accordingly, a declaration shall be given by the Bidder in Attachment-8,

regarding the number of orders they are already executing (Past orders with
contract period of 04 years and above) and how much supplies have been
completed against those orders, 07 days prior to Techno-commercial Bid
opening date. Further, aforesaid declaration by the bidder shall be verified with
respective NTPC Plant for which supplies have been done by the
contractor/Bidder.

Note : Short term orders# placed on Vendors shall not be considered for
restriction of orders for an item for this tender.

27.5.5 Accordingly, in case a bidder comes out as successful bidder for cumulative
orders of 200 TPD/500 TPD in this tender inclusive of earlier tender (CS-0011-
112F-9)for torrefied, non torrefied or combination of both torrefied or non
torrefied pellets after Price Bid opening in the order mentioned at clause 20.3
of ITB above, their Price Bid shall not be opened for remaining Plants

27.5.6 The evaluation of price bids shall be done on the basis of net rate basis which shall be
calculated as below:

Net Rate (in Rs/1000 Kcal) = Landed Cost of pellets*(Rs/MT) /offered GCV
(Kcal/Kg)

*Landed Cost (Rs/MT) = FOR destination Price (Rs/MT) + GST

Bidder having lowest derived net rate (Rs/1000 Kcal) shall be considered L1
bidder

27.5.7 Quantity allocation may be less than the prescribed limit as above based on discretion
of NTPC.

27.5.8 A bidder can bid for the quantity only in multiple of 10 TPD and can offer to supply a
minimum 20 TPD of each pellet type (Torrefied/ Non‐ Torrefied) at one plant location.

27.5.9 Maximum quantity to be offered by a Bidder for an item at one project shall be limited
to 100/200 TPD as the case may be.

27.5.10 Bidder shall quote FOR destination price alongwith applicable taxes and duties.
The price break-up of FOR destination price and applicable GST shall be
furnished in the Price schedule of the respective Plant.

For the purpose of Evaluation, GST quoted in the Bid shall only be considered.
However, NTPC shall pay or reimburse GST at actuals or quoted, whichever is
lower.

In case a Bidder has quoted GST rate as ‘0’ (Zero), the quoted price shall be
considered to be inclusive of applicable GST.

27.5.11 Total quantity allocation to a bidder shall be = Daily Quantity allocated to bidder× 7×
365

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27.5.12 TPD stands for “Tonnes Per Day”. Tonnes and Metric Ton (MT) have the same
meaning.

F. Award of Contract

28.0 AWARD CRITERIA

Subject to ITB Clause 32 (Employer’s Right to Accept any Bid and to Reject
any or all bids), Allocation criteria and other provisions of bidding documents,
the Employer will award the Contract to the Bidder (whose bid has been
determined to be substantially responsive to the Bidding Documents and
provided that such bidder has been determined to be qualified to perform the
contract satisfactorily

The Bidder will be required to comply with all requirements of the Bidding
Documents without any extra cost to the Employer.

29.0 LETTER OF INTENT/ LETTER OF AWARD

29.1 Prior to the expiration of the period of bid validity, the Employer will notify the
Successful bidder in writing by registered letter or by telefax or by email, to be
confirmed in writing by registered letter, that its bid has been accepted. The
Letter of Intention (LOI) / Letter of Award (LOA) as applicable as per bidding
documents will constitute the formation of the contract and shall be effective
from the date of award.

30.0 PRICE ADJUSTMENT ON ACCOUNT OF INDICES

FOR destination Prices quoted by the Bidder (after price adjustment of

GCV variation*) shall be subject to adjustment during performance of the
Contract to reflect changes in the cost of Material, Labour, Diesel and Electricity
in accordance with the procedures specified below:

It is understood that the price component of the items for any

shipment/despatch comprises of a fixed portion (designated as 'F' and the value
of which is specified hereunder) and a variable portion linked with the indices
for Material, labour, Diesel, Electricity (description and co efficients as
enumerated below).

The amount of price adjustment towards variable portion payable/recoverable

on each shipment/despatch shall be computed as under:
EC = EC1 - EC0

EC1 will be computed as follows:

EC1= EC0 {F + a x (A1/A0) + b x (B1/B0) + c x (C1/C0) + Lb x (L1/L0)}
Where

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EC = Adjustment to FOR destination Price Component expressed in the

currency of
the Contract payable to the contractor for each shipment/despatch.
EC1 = Adjusted Amount of FOR destination Price Component expressed in the
currency of the Contract payable to the Contractor for each shipment/despatch.
EC0 = FOR destination Price for the item in the currency of the Contract,
shipment/despatch wise.

- The Fixed portion of the FOR destination Component of the Contract Price (F)
shall be 0.15.
- a, b and c shall be co-efficient of High Speed Diesel Oil (HSD), WPI(Electricity)
& WPI (Food Articles) in the FOR destination Component of the Contract Price.
The co-efficients of HSD, Electricity and WPI (Food Articles) shall be 0.20, 0.20
and 0.20 respectively.
- 'Lb" shall be co-efficient for labour component in the FOR destination
Component of the Contract Price which shall be 0.25.

A= High Speed Diesel Oil price, namely price of High Speed Diesel Oil, at Pump
Station of India Oil Corporation nearest to the project site. (selling price inclusive
of taxes and duties as per litre of H.S.D. Oil) on last day of each month.

B= Monthly Wholesale price index (WPI) for “Electricity” as published by Office

of the Economic Adviser, Government of India.

C= Monthly Wholesale price index (WPI) for “Food Articles” as published by

Office of the Economic Adviser, Government of India.

L= Indian field labour index Namely, All India Consumer Price Index for
Industrial Workers (All India Monthly Average) as published by Labour
Bureau, Shimla,Government of India.

For the Indices,

Subscript '0' refers to Indices as on 30 days prior to deadline set for

submission ofthe Price bid.

Subscript '1' refers to indices as of: For Diesel (A), Electricity (B), Food
Articles (C) and Labour (L)- on last day of previous month of receipt of
shipment.
The above price adjustment shall be applicable for quantities supplied as per
allocation done including excess supply permitted in the contract. In case of
shortfall in annual supply, price adjustment for spill-over quantity of earlier
year shall be paid at average indices for last 12 months in which the spill
over quantity was due for supply, if spill-over occurs due to reason attributed
to the vendor.

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Example
If Allocation is 20 TPD, then annual allocation for say (Feb 2022 to Jan 2023)
is 20X 365 =7300 Tons, (say award date is Feb 2022)

If supply completed till Jan 2023 is 5000 Tons, then for spill over quantity i.e.,
7300-5000=2300 Tons, price adjustment shall be paid based on average
indices of last 12 months i.e. Feb 2022 to Jan 2023.

Note: Price Adjustment shall be calculated on Monthly basis for all the
shipment/consignment received in a month.

* Refer GPC Clause 22 for PRICE ADJUSTMENT FOR GCV VARIATION

G. Other Instructions

31.0 Contacting the Employer

Subject to ITB clause 2.1, no Bidder shall contact the Employer on any matter
relating to its bid, from the time of the opening of bids to the time the Contract
is awarded.

Any effort by a Bidder to influence the Employer in the Employer’s bid

evaluation, bid comparison or Contract award decision may result in rejection
of the Bidder’s bid.

32.0 Employer’s Right To Accept Any Bid And To Reject Any Or All Bids

The Employer reserves the right to accept or reject any Bid, and to annul the
bidding process and reject all Bids at any time prior to Contract award, without
thereby incurring any liability to the affected Bidder or Bidders or any obligation
to inform the affected Bidder(s) of the grounds for the Employer’s action.

33.0 Ineligibility to participate in re-tender

Notwithstanding the provisions specified in ITB Sub-Clause 7 & 32. if a bidder

after having been issued the LOI/LOA as applicable as per bidding documents
, either does not accept the Letter of Award pursuant to ITB Clause 29 or does
not submit an acceptable Performance Security pursuant to ITB Clause 30, and
which results in tender being annulled then such bidder shall be treated
ineligible for participation in re-tendering of this particular package and
contractual action may be taken as per provisions of the Bidding
documents. Further, such vendor shall also be dealt as per the provisions of
the contract and policy for Withholding and Banning of Business Dealings.

34.0 OBLIGATIONS OF THE SUCCESSFUL BIDDER

The Successful bidder(s) shall perform the work and carry out their obligations
as per Scope of Work and terms and conditions defined in the Bid Document

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or Contract or Agreement with all due diligence, efficiency, and economy, in

accordance with generally accepted professional techniques and practices, and
shall observe sound management practices, and employ appropriate advance
technology and safe methods. The bidder shall always act, in respect of any
matter relating to the Contract or to the Work, as sincere advisers to NTPC
and shall at all times support and safeguard NTPC's legitimate interests.

35.0 Notwithstanding anything stated elsewhere in the Bidding Documents, the

Employer reserves the right to assess the capabilities and capacity of the Bidder
/ its collaborators/associates/subsidiaries/group companies to perform the
contract, should the circumstances warrant such assessment in the overall
interest of the Employer.

The physical assessment shall include but not be limited to the assessment of
the office/facilities/reference work by the Employer. A negative determination of
such assessment of capacity and capabilities may result in the rejection of Bid.
The above right to undertake the physical assessment shall be applicable for
the qualifying requirements stipulated in the bidding document

36.0 INTEGRITY PACT

NTPC has in place an Integrity Pact details of which are displayed on its
Tender website https://ntpctender.ntpc.co.in

The Pact essentially envisages an agreement between the prospective

vendors/bidders and the Employer/buyer, committing the persons/officials of
both sides, not to resort to any corrupt practices in any aspect/stage of the
contract. Only those vendors/bidders, who commit themselves to such a Pact
with the buyer, would be considered competent to participate in the bidding
process. In other words, entering this Pact would be a preliminary qualification.

Bidders are required to unconditionally accept the “Integrity Pact (IP)” as per
Annexure- F10 To Volume-V, to the Bidding Documents. Acceptance of the
Integrity Pact (IP) is to be given on-line by accepting the following attribute in
General Technical Evaluation at NTPC e-tender portal:
“Do you Commit to all the provisions of the Integrity Pact?”
On Bidder’s acceptance to the above attribute, Bidder / JV Partner(s)/
Consortium members confirm to have read, understood and unconditionally
accept & commit to all the contents, terms, conditions and undertakings
mentioned in the Integrity Pact which has been pre-signed by the Employer and
enclosed with the Bidding Documents. On Acceptance of the above attribute,
Integrity Pact shall be considered signed by the Bidder / JV Partner(s)/
Consortium members and the same shall come into force from the date of
submission of bid.
It may also be noted that subsequent to Employer’s evaluation of Bids,
resulting into award of Contract to a particular Bidder, the Integrity Pact
acceptance through attribute in GTE so submitted shall form an integral
part of the Contract.

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37.0 CORRUPT OR FRAUDULENT PRACTICES

The Employer requires that Bidders observe the highest standard of ethics
during the procurement and execution of such contracts. In pursuance of this
policy, the Employer:
(a) defines, for the purposes of this provision, the terms set forth below as
follows :
(i) "corrupt practice" means the offering, giving, receiving or
soliciting of any thing of value to influence the action of a public
official in the procurement process or in contract execution; and
(ii) "fraudulent practice" means a misrepresentation of facts in order
to influence a procurement process or the execution of a contract
to the detriment of the Employer, and includes collusive practice
among Bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to
deprive the Employer of the benefits of free and open
competition;
(b) will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices
in competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of
time, to be awarded a contract if it at any time determines that the firm
has engaged in corrupt or fraudulent practices in competing for, or in
executing, a contract of the Employer.
38.0 INDEPENDENT EXTERNAL MONITORS (IEMS):

In respect of this package, the Independent External Monitors (IEMs) would be

monitoring the bidding process and execution of contract to oversee
implementation and effectiveness of the Integrity Pact Program.

The Independent External Monitor(s) (IEMs) as mentioned at NTPC tender

website (https://ntpctender.ntpc.co.in/ ) under Integrity Pact tab have been
appointed by NTPC, in terms of Integrity Pact (IP) which forms parts of the
NTPC Tenders/Contracts.

This panel is authorized to examine /consider all references made to it under

this tender. The bidder(s), in case of any dispute(s) / complaint(s) pertaining to
this package may raise the issue either with the designated 'Nodal Officer' in
EMPLOYER or directly with the IEMs address:

“The IEMs' Secretariat,

Contracts Services, 6th Floor, EOC,
NTPC Limited, A-8A, Sector-24,
Noida-201301 (UP).”
The Independent External Monitors (IEMs) has the right to access without
restriction to all Project documentations of the Employer including that provided
by the Contractor. The Contractor will also grant the Monitor, upon his request
and demonstration of a valid interest, unrestricted and unconditional access to

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his Project Documentations. The same is applicable to Subcontractors. The

Monitor is under contractual obligation to treat the information and documents
of the Bidder/Contractor/Sub-Contractors/Consortium Partners/Consortium
member with confidentiality.
The Nodal officer for necessary coordination with Independent External
Monitors shall be as under

i) Concerned Group Head in : if the issue pertains to awarding

CC&M of Contract by CC&M

ii) Concerned Group Head of : if the issue pertains to awarding

C&M under respective of Contract by USSC
CPG of USSC

iii) Concerned Head of : if the issue pertains to other

Department departments

iv) Head of Project/ Station : if the issue pertains to post-

award execution or award of
Contract by Project/ Station

39.0 POLICY FOR WITHHOLDING AND BANNING OF BUSINESS DEALINGS

The Employer has in place a Policy for withholding and Banning of Business
Dealings as enclosed at General Purchase Conditions (GPC) of the Bidding
documents. Business dealings may be withheld or banned with the
Bidder/Contractor on account of any of the grounds and following the
procedures as detailed in the said Policy for withholding and Banning of
Business Dealings.”

Acceptance of the Banning Policy is to be given on-line by accepting the

following attribute in General Technical Evaluation at NTPC e-tender portal:

“Do you accept Withholding & Banning of Business Dealing Policy?”

Acceptance of above attribute shall be considered as Bidder’s confirmation that

Bidder unconditionally adheres to NTPC’s Banning policy.

40.0 “Restrictions on procurement from a Bidder of a country which shares a

land border with India”

40.1 Any Bidder (including its Collaborator/Associate/DJU Partner/JV

partner/Consortium Member/Assignee, wherever applicable) from a country
which shares a land border with India will be eligible to bid in this tender only if
bidder is registered with the Competent Authority as mentioned in General
Purchase Conditions (GPC)

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Such registration should be valid for the entire period of bid validity or any
extension thereof. However, in case the validity period of registration is less
than bid validity period, the Bidder shall be required to submit the extension of
the validity period of registration before the opening of price bids, failing which
the bid shall be rejected.

Further the successful bidder shall not be allowed to sub-contract supplies/

services/ works to any “Sub-contractor” from a country which shares a land
border with India unless such Sub-contractor is registered with the competent
Authority as mentioned in GPC.
However, the said requirement of registration will not apply to bidders/ sub-
contractors from those countries (even if sharing a land border with India) to
which the Government of India has extended lines of credit or in which the
Government of India is engaged in development projects. Bidders may apprise
themselves of the updated lists of such countries available in the website of the
Ministry of External Affairs.

40.2 “Bidder” (including the term 'tenderer', 'consultant' or 'service provider' in certain
contexts) means any person or firm or company, every artificial juridical person not
falling in any of the descriptions of bidders stated hereinbefore, including any agency,
branch or office controlled by such person, participating in a procurement process.

40.3 “Sub‐contractor” (including the term ‘Sub‐vendor’/Sub‐supplier’ in certain contexts)

means any person or firm or company, every artificial juridical person not falling in
any of the descriptions of Sub‐contractors stated hereinbefore, including any agency
branch or office controlled by such person, participating in a procurement process.

40.4 “Bidders from a country which shares a land border with India” / “Sub‐contractor
from a country which shares a land border with India” as mentioned in ITB clause
40.1 above means;

a) An entity incorporated, established or registered in such a country; or

b) A subsidiary of an entity incorporated, established or registered in such
a country; or
c) An entity substantially controlled through entities incorporated,
established or registered in such a country; or
d) An entity whose beneficial employer is situated in such a country; or
e) An Indian (or other) agent of such an entity; or
f) A natural person who is a citizen of such a country; or
g) A consortium or joint venture where any member of the consortium or
joint venture falls under any of the above.

40.5 The beneficial employer for the purpose of ITB clause “40.4” above will be as
under;

a) In case of company or Limited Liability Partnership, the beneficial

employer is the natural person(s), who, whether acting alone or together,
or through one or more juridical person, has a controlling employership
interest or who exercises control through other means.

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Explanation-
i. “Controlling employership interest” means employership of or
entitlement to more than twenty-five per cent of shares or capital or
profits of the company;

ii. “Control” shall include the right to appoint majority of the directors or to
control the management or policy decisions including by virtue of their
shareholdings or management rights or shareholders agreements or
voting agreements;

b) In case of a partnership firms, the beneficial employer is the natural

person(s) who, whether acting alone or together, or through one or more
judicial person, has employership of entitlement to more than fifteen
percent of capital or profits of the partnership;

c) In case of an unincorporated associations or body of individuals, the

beneficial employer is the natural person(s) who, whether acting alone
or together, or through one or more juridical person, has employership
of or entitlement to more than fifteen percent of the property or capital or
profits of such association or body of individuals;

d) Where no natural person is identified under (a) or (b) or (c) above, the
beneficial employer is the relevant natural person who holds the position
of senior managing officials;

e) In case of a trust, the identifications of beneficial employer(s) shall

include identification of the author of trust, the trustee, the beneficiaries
with fifteen percent or more interest in the trust and any other natural
person exercising ultimate effective control over the trust through a chain
of control or employership.

40.6 An Agent is a person employed to do any act for another, or to represent

another in dealings with third person

41.0 For Start ups, the following requirements is to be fulfilled shall be

specified.

a) The Company should be certified as 'Start up' by Inter-Ministerial Board of

Certification as constituted byDepartment of Industrial Policy and
Promotion from time to time.

b) The Company product should have been tested and cleared from a Govt
approved third party laboratory as per applicable standards (IS/IEC etc).

c) The factory set up shall be inspected by NTPC, for checking the suitability
for taking up manufacturing of the product by start-up, before declaring it
qualified.

Inspection requirement shall not be waived off.

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d) The product shall be manufactured only in an Indian Manufacturing

facilities / works.

e) No Turnover requirement shall be specified.

f) Start-up Contractor, shall furnish performance guarantee for an amount of

10% of the annualized contract value in addition to the contract
performance guarantee to be submitted by the contractor.

Maximum allocation for Startups fulfilling the above criteria shall be 20

TPD subject to meeting evaluation criteria. LOI shall be issued to
Startups only after submission of performance guarantee as per GPC
Clause 28.

42.0 Detention Charges

42.1 Free unloading time: 24 hrs from the date and time of placement of truck within
NTPC stations during the normal working hours excluding holidays. Supplier to
provide authorized representative to acknowledge delivery (including shortage,
damage, deterioration) of consignment at the site. Detention charge would be
payable if the unloading time exceeds beyond the stipulated time (i.e. 24hrs),
and the delay being on account of NTPC.

42.2 Detention charges (beyond free unloading time) per day would be as follows:-
a) Mini Truck: Rs.900/- b) Truck: Rs.1700/- However, all intervening holidays
and Sundays will be excluded from detention period calculation.

42.3 No detention charges shall be considered if the vehicle is placed on

holidays/Sundays or as in the event of force majeure conditions. Also NTPC will
not be responsible of vehicle detained at the main gate entry of Stations (CISF
check Post) for any reason whatsoever

43.0 NTPC VENDOR PAYMENT PORTAL & PAYMENT PROCEDURE

43.1 For all the cases where payment documents are to be directly submitted to
NTPC (excluding Payment through Bank cases), the Invoice and supporting
document(s) as required in the Purchase Order have to be Digitally Signed with
class II or III digital signature and uploaded in the NTPC Vendor Payment Portal
https://pradip.ntpc.co.in/VendorFinal/Login.jsp.

In such cases, there will be no requirement of physical copy of invoice &

documents except for Lorry Receipts (LRs)/ Delivery Challan, which are
normally sent along with the material/ transporter. Bank Guarantees to be sent
in original wherever applicable.

43.2 From 15.5.2020, NTPC will accept only digitally signed Invoice & supporting
documents from Vendors for direct payment cases. Submission of documents
in physical form shall not be accepted by NTPC unless otherwise asked for in
the PO.

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For such cases of physical submission, Vendors are required to send complete
set of documents including invoice etc. addressed to the "Invoice Receipt
Center" of the Delivery/ Invoicing Address as mentioned in the Purchase Order
Annexure 1/ BOQ Sheet.

While submitting the Invoice/ Bills & related documents in physical form,
Vendors are required to mention the following details on the top of the envelope:

a. Invoice/Bill reference No.

b. NTPC PO No./ Package no.
c. NTPC Vendor Code as per PO

In addition to above, vendors are requested to mention their correspondence E-

mail & Mobile No.in the Covering Letter, through which invoice processing
related information/clarification request may be sent.
43.3 Vendors can track / monitor the status of payments from the Vendor payment
portal. Help documents are available in the portal. Vendors are requested to
make full use of the Vendor Payment Portal.

43.4 For payment cases through bank, all original documents are to be submitted in bank
as per terms of PO.

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Sub: Preference to Make In India and granting of purchase preference to local

suppliers- regarding

It is the policy of the Government of India to encourage 'Make in India' and promote
manufacturing and production of Goods and Services in India with a view to enhancing
income and employment. In this regard, the following guidelines, concerning the
procedure to be adopted for granting purchase preference to local suppliers, are hereby
issued:

1.0 Definitions:
a) 'Local content' means the amount of value added in India which shall be the
total value of the goods and services procured (excluding net domestic indirect
taxes) minus the value of imported content in the goods and services (including
all customs duties) as a proportion of the total value, in percent.
b) 'Local supplier' means a supplier or service provider whose product or service
offered for procurement meets the minimum local content as prescribed.
c) 'L1' means the lowest tender or lowest bid or the lowest quotation received in a
tender, bidding process or other procurement solicitation as adjudged in the
evaluation process as per the tender or other procurement solicitation.
d) 'Margin of purchase preference' means the maximum extent to which the
evaluated bid price of a local supplier may be above the L1 for the purpose of
purchase preference.
e) Fraud Prevention Policy – shall mean the policy related to prevention of fraud
displayed on NTPC tender website http://www.ntpctender.com.
f) Policy & Procedure for Withholding & Banning of Business Dealings –
shall mean the policy related to Withholding & Banning of Business Dealings
forming part of Bidding Document.
2.0 Minimum local content

2.1 The minimum local content shall be 50 %.

3.0 Margin of Purchase Preference

3.1 The margin of purchase preference shall be 20%.

4.0 Requirement of Purchase Preference:

4.1 Purchase preference shall be given to local suppliers as specified hereunder:

The following procedure shall be followed:

(i) Among all qualified and substantially responsive bids, the lowest evaluated
bid will be termed as L1.

Page 1 of 3
 (ii) If L1 bid is from an MSE who is also a local supplier, the contract will be
awarded to L1.

(iii) If L 1 bid is from a local supplier who is not an MSE:

 75% of the order quantity shall be awarded to L1.

 Thereafter, all qualified MSE bidder(s), whose Evaluated Bid Price is

within the range of 15% of the lowest evaluated (L1) price shall be
eligible for an opportunity to match the lowest evaluated (L1) price. If
more than one MSE bidders agree to match the lowest evaluated (L1)
price, they will be considered for award of up to 25% (collectively)
of the order value and, for the purpose of award of contract, the
same shall be equally divided amongst the MSE bidders who have
agreed to match the lowest evaluated (L1) price.

 In case some quantity is still left uncovered, then such balance

quantity may also be ordered on the L1 bidder.

(iv) For the purpose of matching of lowest evaluated bid (L1) price, the Class-
I local supplier / MSEs would have to necessarily reduce all components
of the quoted price on pro-rata basis. The reduction should not apply on
the evaluation loading on account of functional guarantees and other
loadings (if any, which are not dependent on quoted price). Further, the
Contract shall be awarded on such revised/ reduced quoted price. The
summation of the revised/ reduced quoted price and the evaluation
loading on account of functional guarantees and other loadings (if any)
shall be equal to the lowest evaluated bid (L1) price.

Notes:

(i) In the present case, the aforesaid procedure shall be followed for each
NTPC Station separately.

5.0 Verification of Local Content:

5.1 The local supplier shall be required to provide, self-certification / declaration that
the Item offered meets the minimum local content and shall give details of the
location(s) at which the local value addition is made as part of the bid submission
form.

5.2 In cases of procurement for the value in excess of INR 10 crore, the local supplier
shall be required to provide a certificate from the statutory auditor or cost auditor
of the company (in the case of companies) or from a practicing cost accountant

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 or practicing chartered accountant (in respect of suppliers other than companies)
giving the percentage of local content during execution prior to submission of last
bill for payment.

In case aforesaid Certificate furnished by Contractor/Vendor is not in line with the

declaration in respect of Local content in their bid, same shall be treated as false
declaration.

5.2 A supplier who has been debarred / banned by any other procuring entity for
violation of ‘Public Procurement (Preference to Make In India), Order 2017’
(PPP-MII Order) dated 15.06.2017 issued by Department of Industrial Policy
and Promotion (DIPP) shall not be eligible for preference under the aforesaid
procedures for duration of the debarment. The local supplier shall be required
to furnish a confirmation in this regard along with bid in the relevant format.

6.0 Local Sourcing

The Bidder / Contractor are requested to encourage and promote domestic

manufacturing and production of goods and services by sourcing goods and
services applicable under the contract / package from domestic suppliers /
service providers. In this regard, Bidder shall also follow guidelines / advisory
issued by Government of India from time to time, to the extent applicable to them,
regarding promotion of local sourcing of goods including Bought out Items and
services.

Page 3 of 3
 VOLUME – III

GENERAL PURCHASE CONDITIONS (GPC)

 CLAUSE NO. GENERAL PURCHASE CONDITIONS (GPC)

1.0 DEFINITIONS

Unless the context otherwise requires, the following terms whenever used in
the Contract have the following meaning:
(a) “Contract” means the Purchase Order/Service Order signed by the
Employer, to which these General Purchase Conditions (GPC) are
attached together with all the documents listed in such signed
Contract and the term “the Contract” shall in all such documents be
construed accordingly.

“GPC” means the General Purchase Conditions.

(b) Applicable Law - This Contract including all matters connected with
this Contract shall be governed and construed in accordance with the
Indian Law both substantive and procedural and shall be subject to
the exclusive jurisdiction of Indian courts at Delhi, India.

(c) Contract Price means the price to be paid for the performance of the
work detailed under Scope of Work, subject to such additions and
adjustments thereto or deductions there from, as may be made
pursuant to the Contract.

(d) Bidder means the party to whom the Invitation for Bid is issued and
who submits its Bid..

(e) “Contractor” means the person(s) whose bid to perform the Contract
has been accepted by the Owner and is named as such in the
Contract Agreement, and includes the legal successors or permitted
assigns of the Contractor.

(f) Government means the Government of India.

(g) Local Currency means the currency of the Government of India i.e.
Indian Rupees.

(h) Party means NTPC or Bidder, as the case may be, and "Parties"
means both of them.

(i) Personnel mean persons hired by the Contractor as employees and

assigned to the performance of the Services or any part thereof.

(j) Services means the work to be performed by the Contractor pursuant

to the Contract, as detailed in the Bidding Documents, Agreement or
Contract or Purchase Order or LOA.

(k) Law Governing the Contract : The Contract, its meaning and
interpretation, and the relation between the Parties shall be governed
by the Applicable Law.

(l) MT or Ton or Tonne means Metric Tonne which is equivalent to 1000

Kg.

(m) TPD means Tons Per Day

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(n) Quarter - A continuous period of 90 days reckoned from the day 1

shall be treated as one quarter and subsequent period of 90 days
after completion of previous quarter shall be treated as following
quarter.

“Day” means calendar day of the Gregorian Calendar.

“Month” means calendar month of the Gregorian Calendar.

(o) Site” or “Station” means the Power Plant where the supplies of
biomass pellets are to be made.

(p) “Owner” or “Purchaser” or “Employer” means NTPC Ltd., New Delhi

(A Govt. of India Enterprise) and includes the legal successors or
permitted assigns of the Puchaser or Owner or Employer.

(q) “Goods and Services Tax” or “GST” means taxes or cess levied under
the Central Goods and Services Tax Act, Integrated Goods and
Services Tax Act, Goods and Services Tax (Compensation to States)
Act and various State/Union Territory Goods and Services Tax Laws
and applicable cesses, if any under the laws in force (hereinafter
referred to as relevant GST Laws) which shall be fully complied with
by the bidder.

(r) Throughout these Bidding Documents, the term “Bid” and “Tender”
and their derivatives (Bidder/ Tenderer, Bidding / Tendering, Bidding
Document/Tender Document, etc.); Bill of Quantity / Schedule of
Quantity/ Schedule of Quantities/ Bill of Quantities; Employer / NTPC;
Bid Security/ Earnest Money Deposit; Security Deposit / Performance
Security/ Performance Guarantee; Engineer-in-Charge / Engineer,
appearing anywhere in the Bidding Documents shall have the same
meaning and are synonymous to each other

(s) Throughout these Bidding Documents, the term Plant /Project/Station

appearing anywhere in the Bidding Documents shall have the same
meaning and are synonymous to each other

(t) Throughout these Bidding Documents, the term Supplier

/Contractor/Vendor appearing anywhere in the Bidding Documents
shall have the same meaning and are synonymous to each other

(u) Throughout these Bidding Documents, the term Purchase Order /

Service order/ Contract Agreement / Letter of award/ Notification of
Award appearing anywhere in the Bidding Documents shall have the
same meaning and are synonymous to each other

1.1 “Sub-contractor from a country which shares a land border with India” means;

a) An entity incorporated, established or registered in such a country; or

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b) A subsidiary of an entity incorporated, established or registered in

such a country; or

c) An entity substantially controlled through entities incorporated,

established or registered in such a country; or

d) An entity whose beneficial owner is situated in such a country; or

e) An Indian (or other) agent of such an entity; or

f) A natural person who is a citizen of such a country; or

g) A consortium or joint venture where any member of the consortium or

joint venture falls under any of the above.

1.1.1 The beneficial owner for the purpose of clause “1.1 (d)” above will be as
under;

a) In case of company or Limited Liability Partnership, the beneficial

owner is the natural person(s), who, whether acting alone or together,
or through one or more juridical person, has a controlling ownership
interest or who exercises control through other means. Explanation- i.
“Controlling ownership interest” means ownership of or entitlement to
more than twenty-five per cent of shares or capital or profits of the
company; ii. “Control” shall include the right to appoint majority of the
directors or to control the management or policy decisions including
by virtue of their shareholdings or management rights or shareholders
agreements or voting agreements;

b) In case of a partnership firms, the beneficial owner is the natural

person(s) who, whether acting alone or together, or through one or
more judicial person, has ownership of entitlement to more than
fifteen percent of capital or profits of the partnership;

c) In case of an unincorporated associations or body of individuals, the

beneficial owner is the natural person(s) who, whether acting alone or
together, or through one or more juridical person, has ownership of or
entitlement to more than fifteen percent of the property or capital or
profits of such association or body of individuals;

d) Where no natural person is identified under (a) or (b) or (c) above, the
beneficial owner is the relevant natural person who holds the position
of senior managing officials;

e) In case of a trust, the identifications of beneficial owner(s) shall

include identification of the author of trust, the trustee, the
beneficiaries with fifteen percent or more interest in the trust and any
other natural person exercising ultimate effective control over the trust
through a chain of control or ownership.
f) An Agent is a person employed to do any act for another, or to
represent another in dealings with third person.

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2.0 CONTRACT DOCUMENTS

The Employer shall send to the successful Bidder the Purchase

Order/Service Order. The Purchase Order/Service Order will constitute the
formation of the contract. The contract shall come into effect from the date of
issue of Purchase Order/Service Order. The successful bidder shall have
sign and return the Purchase Order/Service Order as a token of acceptance.
Successful bidder on whom Purchase Order/Service Order is placed shall
hereinafter be called Supplier.

3.0 INTERPRETATION

Language

3.1.1 All Contract Documents, all correspondence and communications to be

given, and all other documentation to be prepared and supplied under the
Contract shall be written in English, and the Contract shall be construed and
interpreted in accordance with that language.

3.1.2 If any of the Contract Documents, correspondence or communications are

prepared in any language other than the governing language under GPC
Sub-Clause 3.1.1 above, the English translation of such documents,
correspondence or communications shall prevail in matters of interpretation.

3.2 Singular and Plural

The singular shall include the plural and the plural the singular, except where
the context otherwise requires.

3.3 Headings

The headings and marginal notes in the General Conditions of Contract are
included for ease of reference, and shall neither constitute a part of the
Contract nor affect its interpretation.

3.4 Persons

Any individual, company, corporation, partnership (whether limited or

unlimited), proprietorship, trust or any other entity (whether incorporated or
not), Hindu undivided family, union or association and in case of a trust shall
include the trustee or the trustees for the time being.

3.5 Incoterms

Unless inconsistent with any provision of the Contract, the meaning of any
trade term and the rights and obligations of parties thereunder shall be as
prescribed by Incoterms.

Incoterms means international rules for interpreting trade terms published by

the International Chamber of Commerce (latest edition), 38 Cours Albert 1er,
75008 Paris, France.

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3.6 Construction of the Contract & Letter of Award

3.6.1 The Contract to be entered into between the Employer and the Contractor
shall be on FOR NTPC Power Plant(s) basis.

3.6.2 NTPC shall place project wise Letter of Award for supplies.

3.6.3 Prior to the expiration of the period of bid validity, the Employer will notify the
successful Bidder in writing by email or letter, that its bid has been accepted.
The Letter of award will constitute the formation of the contract and shall be
effective from the date of award.

3.7 Entire Agreement

Subject to GPC Sub-Clause 27.4 hereof, the Contract constitutes the entire
Agreement between the Employer and Contractor with respect to the
subject matter of Contract and supersedes all communications, negotiations
and agreements (whether written or oral) of parties with respect thereto made
prior to the date of Contract.

3.8 Amendment

No amendment or other variation of the Contract (Purchase Order) shall

be effective unless it is in writing, is dated, expressly refers to the Contract
(Purchase Order) , and is signed by a duly authorized representative of
each party hereto.

3.9 Independent Contractor

The Contractor shall be an independent contractor performing the Contract.

The Contract does not create any agency, partnership, Consortium or other
joint relationship between the parties hereto i.e. NTPC and the Contractor.

Subject to the provisions of the Contract, the Contractor shall be solely

responsible for the manner in which the Contract is performed. All
employees, representatives engaged by the Contractor in connection with
the performance of the Contract shall be under the complete control of
the Contractor and shall not be deemed to be employees of the Owner,
and nothing contained in the Contract shall be construed to create any
contractual relationship between any such employees, representatives or
Subcontractors and the owner.

3.10 Consortium

If the Contractor is a consortium of maximum three (03) firms they shall be

jointly and severally bound to the Owner for the fulfillment of the provisions of
the Contract and shall designate one of such firms to act as a leader with
authority to bind the consortium. The composition or the constitution of the
consortium shall not be altered without the prior consent of the Owner.

3.11 Non-Waiver

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3.11.1 Subject to GPC Sub-Clause 3.11.2 below, no relaxation, forbearance, delay

or indulgence by either party in enforcing any of the terms and conditions of
the Contract or the granting of time by either party to the other shall
prejudice, affect or restrict the rights of that party under the Contract, nor
shall any waiver by either party of any breach of Contract operate as waiver
of any subsequent or continuing breach of Contract.

3.11.2 Any waiver of a party’s rights, powers or remedies under the Contract must
be in writing, must be dated and signed by an authorized representative of
the party granting such waiver, and must specify the right and the extent to
which it is being waived.

3.12 Severability

If any provision or condition of the Contract is prohibited or rendered invalid

or unenforceable, such prohibition, invalidity or unenforceability shall not
affect the validity or enforceability of any other provisions and conditions of
the Contract.

3.13 Country of Origin

“Origin” means the place where the materials and other supplies for the
Facilities are grown, produced or manufactured, and from which the services
are provided.

4.0 NOTICES

4.1 Unless otherwise stated in the Contract, all notices to be given under the
Contract shall be in writing, and shall be sent by personal delivery, airmail
post, special courier, cable, telegraph, telex, facsimile or Electronic Data
Interchange (EDI) to the address of the relevant party set out in the contract.

4.1.1 All notices to be given under the Contract shall be addressed to Engineer-in-
charge.

4.1.2 Either party may change its postal, cable, telex, facsimile or EDI address or
addressee for receipt of such notices by ten (10) days’ notice to the other
party in writing.

4.2 Notices shall be deemed to include any approvals, consents, instructions,

orders and certificates to be given under the Contract.

5.0 GOVERNING LAWS

The Contract/Agreement shall be governed and interpreted in accordance

with laws in force in India. The court of Delhi shall have exclusive jurisdiction
in all matters arising under the Contract.

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6.0 SETTLEMENT OF DISPUTES

6.1 Mutual Consultation

If any dispute of any kind whatsoever shall arise between the Employer and
the Contractor in connection with or arising out of the Contract, including
without prejudice to the generality of the foregoing, any question regarding its
existence, validity or termination, or the execution of the Facilities, whether
during the progress of the Facilities or after their completion and whether
before or after the termination, abandonment or breach of the Contract, the
parties shall seek to resolve any such dispute or difference by mutual
consultation. If the parties fail to resolve such a dispute or difference by
mutual consultation, then the dispute may be settled through Expert
Settlement Council / Arbitration / other remedies available under the
applicable laws.

6.2 Resolution of Dispute through Expert Settlement Council

If the parties fail to resolve such a dispute or difference by mutual

consultation, the dispute if the parties agree, may be referred to Conciliation
in cases involving disputed amount up to Rs 250 crores, which is to be
arrived at considering the claim and counter claim of the parties to the
dispute.

6.2.1 Invitation for Conciliation:

6.2.1.1. A party shall notify the other party in writing about such a dispute it wishes to
refer for Conciliation within a period of 30 days from the date of raising of the
dispute in case of failure to resolve the same through mutual consultation.
Such Invitation for Conciliation shall contain sufficient information as to the
dispute to enable the other party to be fully informed as to the nature of the
dispute, amount of the monetary claim, if any, and apparent cause of action.

6.2.1.2. Upon acceptance of the invitation to conciliate, the other party shall submit its
counter claim, if any, within a period of 30 days from the date of the invitation
to conciliate. If the other party rejects the invitation or disputed amount
exceeds Rs 250 crores, there will be no Conciliation proceedings. There shall
be no Conciliation where claim amount is only up to Rs 5 lakhs.

6.2.1.3. If the party initiating Conciliation does not receive a reply within thirty days
from the date on which it sends the invitation, or within such other period of
time as specified in the invitation, it shall treat this as a rejection of the
invitation to conciliate from the other party.

6.2.2 Conciliation:

6.2.2.1. Where Invitation for conciliation has been furnished under GPC sub clause
6.2.1, the parties shall attempt to settle such dispute through Expert
Settlement Council (ESC) which shall be constituted by CMD, NTPC.

6.2.2.2. ESC will be formed from experts comprising three members from the panel of

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conciliators maintained by NTPC. However, there will be single member ESC

for disputes involving claim and counter claim (if any) up to Rs. 1 crore. CMD
will have authority to reconstitute an ESC to fill any vacancy.

6.2.2.3. The eligible persons for consideration for empanelment in the panel of
conciliators shall be amongst Retired Civil Servants of Govt. of India not
below the rank of Additional Secretary, Retired Judges, Retired Directors/
Chairman of any Maharatna/Navratna company in India other than NTPC Ltd,
Retired Independent Directors who have served on the Board of any
Maharatna/ Navratna company in India other than NTPC Ltd and
Independent experts in their respective fields preferably registered with the
Indian Council of Arbitration or Delhi International Arbitration Centre or
Federation of Indian Chambers of Commerce and Industry or SCOPE
Arbitration Forum.

6.2.3 Proceedings before ESC:

6.2.3.1. The claimant shall submit its statement of claims along with relevant
documents to ESC members, and to the party(s) indicated in the appointment
letter within 30 days of the issue of the appointment letter. The respondent
shall file its reply and counter claim (if any) within 30 days of the receipt of the
statement of claims. Parties may file their rejoinder/additional documents, if
any in support of their claim/counterclaim within next 15 days. No documents
shall be allowed thereafter, except with the permission of ESC.

6.2.3.2. The parties shall file their claim and counterclaim in the following format

a. Chronology of the dispute

b. Brief of the contract
c. Brief history of the dispute
d. Issues

Sl. Description of Amount (in Relevant

No. Claims/ Counter foreign Contract
claims currency/INR) Clause

e. Details of Claim(s)/Counter Claim(s)

f. Basis/Ground of claim(s)/counter claim(s) (along with

relevant clause of contract

Statement of claims shall be restricted to maximum limit of 20 pages.

6.2.3.3. In case of 3 members ESC, 2 members will constitute a valid quorum and the
meeting can take place to proceed in the matter after seeking consent from
the member who is not available. However, ESC recommendations will be
signed by all the members.

6.2.3.4. The parties shall be represented by their in house employees. No party shall

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be allowed to bring any advocate or outside consultant/advisor/agent to

contest on their behalf. Ex-officers of NTPC who have handled the subject
matter in any capacity shall not be allowed to attend and present the case
before ESC on behalf of contractor. However, ex-employees of parties
may represent their respective organizations. Parties shall not claim any
interest on claims/counter-claims from the date of notice invoking Conciliation
till execution of settlement agreement, if so arrived. In case, parties are
unable to reach a settlement, no interest shall be claimed by either party for
the period from the date of notice invoking Conciliation till the date of ESC
recommendations and 30 days thereafter in any further proceeding.

6.2.3.5. ESC will conclude its proceedings in maximum 10 meetings, and

give its recommendations within 90 days of its first meeting. ESC will give its
recommendations to both the parties recommending possible terms of
settlement. CMD, NTPC may extend the time/number of meetings, in
exceptional cases, if ESC requests for the same with sufficient reasons.

6.2.3.6. Depending upon the location of ESC members and the parties, the venue of
the ESC meeting shall be either Delhi/Mumbai/Kolkata/Chennai or any other
city whichever is most economical from the point of view of travel and stay
etc. All the expenditure incurred in ESC proceedings shall be shared by the
parties in equal proportion.

6.2.4 Fees & Facilities to the Members of the ESC

The cost of conciliation proceedings including but not limited to fees for
Conciliator, Airfare, Local transport, Accommodation, cost towards
conference facility etc shall be as provided herein below:

Sl. No. Fees/ Facility Entitlement

As paid to NTPC Independent
Directors [Presently Rs.
20,000 per meeting]. In
addition each conciliator to be
1 Fees paid Rs 10,000 for
attending meeting to
authenticate the settlement
agreement. - max. of Rs.
2,10,000 per case per
C ili t
Secretarial Rs. 10,000 lump sum (to 1
2
expenses member only).
Transportation
Car as per entitlement or Rs.
3 in the city of the
2,000 per day
meeting
Venue for
4 NTPC conference rooms
meeting
Facilities to be provided to the out -stationed member

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As per entitlement of
Independent Directors.
Executive class air tickets/
Travel from the first class AC train tickets/
city of Luxury car/ reimbursement of
5 residence to actual fare. However,
the city of entitlement of air travel by
meeting Business class shall be
subject to austerity measures,
if any, ordered by Govt of
India.
Transport to
and fro
airport/railway Car as per entitlement or Rs.
6
station in the 3,000
city of
residence
Stay for out
As per entitlement of
7 stationed
Independent Directors.
members
Transport in the Car as per entitlement or Rs.
8
city of meeting 2000 per day

Aforesaid fees is subject to revision by NTPC from time to time and subject
to government guidelines on austerity measures, if any. All the expenditure
incurred in the ESC proceedings shall be shared by the parties in equal
proportions. The Parties shall maintain the account of expenditure and
present to the other for the purpose of sharing on conclusion of the ESC
proceedings.

6.2.5 If decision of NTPC is acceptable to the contractor, a Settlement Agreement

under section 73 of the Arbitration and Conciliation Act 1996 will be signed
within 15 days of contractor’s acceptance and same shall be authenticated by
all the ESC members. Parties are free to terminate conciliation proceedings
at any stage as provided under the Arbitration and Conciliation Act 1996.

6.2.6 The parties shall keep confidential all matters relating to the conciliation
proceedings. Parties shall not rely upon them as evidence in arbitration
proceedings or court proceedings.

6.3 Arbitration

6.3.1 If the process of mutual consultation and/or ESC fails to arrive at a settlement
between the parties as mentioned at GPC Sub-Clauses 6.1 & 6.2 above,
Employer or the Contractor may, within Thirty (30) days of such failure,
give notice to the other party, with a copy for information to the ESC (as
applicable), of its intention to commence arbitration, as hereinafter
provided, as to the matter in dispute, and no arbitration in respect of this
matter may be commenced unless such notice is given. The mechanism of

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settling the disputes through arbitration shall be applicable only in cases

where the disputed amount (i.e. total amount of Claims excluding claims of
interest) does not exceed Rs. 25 crores. In case the disputed amount
exceeds Rs. 25 Crores, the parties shall be within their rights to take
recourse to remedies as may be available to them under the applicable laws
other than Arbitration after prior intimation to the other party. There shall be
no arbitration where the claim amount is only up to Rs. 5 lakhs.

The parties at the time of invocation of arbitration shall submit all the details
of the claims and the counter-claims including the Heads/Sub-heads of the
Claims/Counter-Claims and the documents relied upon by the parties for their
respective claims and counter-claims. The parties shall not file any
documents/details of the claims and counter-claims thereafter.

The claims and the counter claims raised by the parties at the time of
invocation of the arbitration shall be final and binding on the parties and no
further change shall be allowed in the same at any stage during arbitration
under any circumstances whatsoever.

The parties to the contract shall invoke arbitration within Six months from the
date of completion of the Facilities under the contract or the termination of the
contract as the case may be and the parties shall not invoke arbitration later
on after expiry of the said period of six months. The parties shall not invoke
arbitration other than in the case of completion of the Facilities or the
termination of the contract as mentioned above.

Notwithstanding the above, in case of disputes with Indian Contractor who is

a Central Government Department /Enterprise /organisation or a State Level
Public Enterprise (SLPE), the aforesaid limit of Rs 25 crores shall not be
applicable and arbitration proceeding may be commenced irrespective of the
amount involved in dispute if the dispute could not be resolved through
Conciliation as brought out at GPC Sub Clause 6.2 above.

6.3.2 Any dispute in respect of which a notice of intention to commence arbitration

has been given, in accordance with Sub-Clause 6.3.1 above, shall be finally
settled by arbitration.

6.3.3 Any dispute raised by a party to arbitration shall be adjudicated by a Sole

Arbitrator appointed by CMD, NTPC from the List of empanelled Arbitrators of
NTPC in the following manner :-

a) A party willing to commence arbitration proceeding shall invoke

Arbitration Clause by giving 60 days notice to the other party.

b) If the Arbitrator so appointed dies, resigns, becomes incapacitated or

withdraws for any reason from the proceedings, it shall be lawful for
CMD, NTPC to appoint another person in his place in the same manner
as aforesaid. Such person shall proceed with the reference from the
stage where his predecessor had left.

c) It is agreed between the parties that the Arbitration proceedings shall

be conducted as per the provisions of Fast Track Procedure as

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provided under section 29B of the Arbitration and Conciliation Act, 1996
as amended.

d) Arbitrator shall be paid fees at the following rates:

Amount of Lump sum fees (including fees for

Claims and study of pleadings, case material,
Counter Claims writing of the award, secretarial
(excluding charges etc.) payable to each
interest) arbitrator (to be shared equally by
the parties)
Up to Rs.50 lakhs Rs.10,000/- per meeting subject to a
ceiling of Rs. 1,00,000/-.
Above Rs.50 Rs.1,35,000/- plus Rs.1,800/- per
lakhs to Rs.1 lakh or a part there of subject to a
Crore ceiling of Rs. 2,25,000/-.
Above Rs.1 crore Rs.2,25,000/- plus Rs.33,750/- per
and up to Rs.5 crore or a part thereof subject to a
Crore ceiling of Rs.3,60,000/-.
Above Rs. 5 Rs.3,60,000/- plus Rs.22,500/- per
Crore and up to crore or a part thereof subject to a
Rs.10 Crore ceiling of Rs. 4,72,500/-.
Above Rs.10 Rs.4,72,500 plus Rs.18,000/- per
Crore crore or part thereof subject to a
ceiling of Rs. 10,00,000/-.

If the claim is in foreign currency, the SBI Bills Selling Exchange rate
prevailing on the date of claim shall be used for the purpose of converting
the claim in Indian Rupee which may be used for determining the arbitration
fee as brought out above.

e) If after commencement of the Arbitration proceedings, the parties agree

to settle the dispute mutually or refer the dispute to Conciliation, the
arbitrator shall put the proceedings in abeyance until such period as
requested by the parties. Where the proceedings are put in abeyance
or terminated on account of mutual settlement of dispute by the parties,
the fees payable to the arbitrator shall be determined as under:

i. 40% of the fees if the Pleadings are complete.

ii. (ii) 60% of the fees if the Hearing has commenced.

iii. 80% of the fees if the Hearing is concluded but the Award is yet to
be passed.

f) Each party shall pay its share of arbitrator’s fees in stages as under:

i. 40 % of the fees on Completion of Pleadings.

ii. 40% of the fees on Conclusion of the Final Hearing.

iii. 20% at the time when arbitrator notifies the date of final award.

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g) The Claimant shall be responsible for making all necessary

arrangements for the travel/ stay of the Arbitrator including venue of
arbitration, hearings. The parties shall share the expenses for the same
equally.

h) The Arbitration shall be held at Delhi only.

i) The Arbitrator shall give reasoned and speaking award and it shall be
final and binding on the parties.

j) Subject to the aforesaid conditions, provisions of the Arbitration and

Conciliation Act, 1996 and any statutory modifications or re-enactment
thereof shall apply to the arbitration proceedings under this clause.

6.3.4 In case the Indian Contractor is a Central Government

Department/Enterprise/organisation or a State Level Public Enterprise
(SLPE), the dispute arising between the Employer and the Contractor shall
be referred for resolution to the Permanent Machinery of Arbitrators (PMA) of
the Department of Public Enterprises, Government of India as per Office
Memorandum No. 4(1) 2011-DPE(PMA)-GL dated 12.06.2013 issued by
Government of India, Ministry of Heavy Industries and Public Enterprises,
Department of Public Enterprises and its further modifications and
amendments.

6.4 Notwithstanding any reference to the Adjudicator or arbitration herein,

a) the parties shall continue to perform their respective obligations

under the Contract unless they otherwise agree
b) the Owner shall pay the Contractor any monies due to the Contractor.

7.0 Order of Precedence

The order of precedence of documents shall be as under:
a) Letter of Award/ Purchase Order/ Letter of Intent/Contract
Agreement along with its annexures.
b) Amendment to Bidding Documents
c) Technical Specifications & Scope of Work & Field Quality
Assurance plan, if any
d) General Purchase Conditions
e) The Bid and BOQ submitted by the Supplier
f) Instructions to bidders

An amendment issued after issue of Contract shall take precedent

over the formal Contract and all other contract documents

8.0 SCOPE

8.1 The Goods and related Services to be supplied shall be as specified in the
technical specification and Price Schedule. The Supplier shall supply all the
Goods and related Services included in the Scope of Supply, as per the
Delivery and Completion Schedule specified in the bidding documents

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herewith
8.2 The Supplier shall ensure that the Goods and related Services comply with
the technical specifications and other provisions of the Contract.
8.3 The Goods and related Services supplied under this Contract shall conform
to the standards mentioned in Technical Specifications and, when no
applicable standard is mentioned, the standard shall be equivalent or
superior to the official standards whose application is appropriate.

9.0 DELIVERY SCHEDULE

The delivery Period shall commence from date of the Letter of

Award/Purchase Order.

The Delivery of the Goods and Completion of the related Services shall
be in accordance with the Delivery and Completion Schedule as
mentioned in the bidding documents herewith

10.0 CONTRACTOR’S RESPONSIBILITIES

10.1 The Contractor shall supply biomass Pellets at NTPC Power Plant(s) with
due care and diligence in accordance with the Contract.

10.2 The Contractor shall confirm that it has entered into this Contract on the
basis of a proper examination of the data relating to the Supplies provided by
the Owner, and on the basis of information that the Contractor could have
obtained from a visual inspection of the Site (if access thereto was available)
and of other data readily available to it relating to the Supplies as at the date
seven days prior to bid submission. The Contractor acknowledges that any
failure to acquaint itself with all such data and information shall not relieve its
responsibility for properly estimating the difficulty or cost of successfully
performing the Supplies.

10.3 The Contractor shall acquire in its name all permits, approvals and/or
licenses from all local, state or national government authorities or public
service undertakings in the country where the Site is located that are
necessary for the performance of the Contract. The Contractor shall acquire
all other permits, approvals and/or licenses hereof and that are necessary for
the performance of the Contract.

10.4 The Contractor shall comply with all laws in force, including in the country
where the Biomass Pellets Supplies are to be carried out. The laws will
include all national, provincial, municipal or other laws that affect the
performance of the Contract and bind upon the Contractor. The Contractor
shall indemnify and hold harmless the Owner from and against any and all
liabilities, damages, claims, fines, penalties and expenses of whatever nature
arising or resulting from the violation of such laws by the Contractor or its
personnel.

10.5 Any Plant, Material and Services that will be incorporated in or be required
for the Facilities and other supplies shall have their origin as specified under
GPC Clause 3.13 (Country of Origin).

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10.6 Supplier shall comply with the provisions of e-way bill notified by appropriate
authorities from time to time. The Supplier shall be responsible for issuance
of e-way bill and other compliances relating to e-way bill as per GST Law.

10.7 Passage of Title:

The title of shipment shall pass on from Contractor to owner shall takes place
at respective NTPC stations upon receipt of biomass Pellets.

11.0 AUTHORISED REPRESENTATIVE

Any action required or permitted to be taken, and any document required or

permitted to be executed, under the Contract by the Employer or the Bidder
may be taken or executed by the officials authorized for the purpose.

12.0 PACKING

The Supplier shall provide such packing of the Goods as is required to

prevent their damage or deterioration during transit to their final destination,
handling and storage.

The Supplier will be responsible for any loss or damage during transportation,
handling and storage due to improper packing.

All packages should be marked with Purchase Order/Service Order no. and
date. Each package must contain packing slip and literature, if any.

13.0 MODE OF TRANSPORT

As per Clause 16 of Technical Specifications

14.0 PATENTS
All royalties and fees for patents covering material/equipment/ software or
processes used in executing the work shall be to the account of the bidder.
The supplier shall satisfy all demands that may be made at any time for
such royalties and fees.

The Supplier shall hold harmless and indemnify the Employer from and
against damage, loss and expenses arising from any claim for infringement of
patent, copy right, design and other such rights in existence or to be granted
on and application published prior to the completion of this engagement with
respect to or arising out of the use or supply of design or any work in
accordance with the specifications and plans furnished or recommended by
the Contractor.

The Supplier shall promptly notify the Employer in writing if the Supplier has
or has acquired knowledge of any patent under which claim or suit for
infringement could reasonably be brought because of the use by the
Employer of any information, recommendation or specifications, services
rendered by the Contractor.

The Supplier, in such case, shall furnish at its own cost make and furnish to
the Employer alternative specifications or recommendations to avoid the
same and without putting the Employer to any additional cost.

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15.0 INDEMNIFICATION

The Supplier shall, at its own expense, defend and indemnify the Employer
against all third party claims of infringement of Intellectual Property Rights,
including patent, trade mark, copy right, trade secret or industrial design rules
arising from use of the products or any part thereof.

The Supplier shall expeditiously extinguish any such claims and shall have
full rights to defend itself there from. The Employer shall not pay any
compensation to a third party resulting from such infringement and the
Supplier shall be fully responsible for the same, including all expenses and
court and legal fees.

The Employer will give notice to the Supplier of any such claim without delay,
shall provide reasonable assistance to the Contractor in disposing of the
claim, and shall at no time admit any liability for or express any intent to settle
the claim.

Final payment to the Supplier by the Employer will not be made while any
such suit or claim remains unsettled.

16.0 CONTRACT PRICE

16.1 The Contract Price shall be as specified in the LOA/ Purchase Order.

17.0 TAXES AND DUTIES

17.1 Except as otherwise specifically provided in the Contract, the Contractor shall
bear and pay all taxes, duties, levies and charges assessed on the
Contractor, its Sub-contractor or their employees by all municipal, state or
national government authorities in connection with the Facilities in and
outside of the country where the Site is located.

17.2 The Bidder shall quote the prices giving breakup in the manner specified in
the Price Schedule. The Bidder shall quote the applicable rate of GST in the
Price Schedule.

17.3 For the purpose of Evaluation, GST quoted in the Bid shall only be
considered.

17.4 The Bidder shall indicate the taxes and duties as applicable seven (7) days
prior to last date of Techno-Commercial Bid Submission.

17.5 The Bidder is required to quote the rate of GST applicable under GST Law in
the Price Schedule while giving the breakup of prices.

17.6 In case GST registered Bidder has quoted GST rate as ‘0’ (Zero), the quoted
price shall be considered to be inclusive of GST as applicable.

17.7 Notwithstanding anything to contrary contained in the Purchase

Order/Contract, the Supplier’s right to payment under the Order/Contract is
subject to issuance of valid tax invoice/bill of supply as the case may be,
payment of applicable GST to the credit of appropriate Government and
submission of valid particulars of tax invoice under GST returns in
accordance with GST Law.

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17.8 The implications of GST on return of goods will be as per the provisions of
the relevant GST Laws.

17.9 The Supplier shall issue tax invoices/bill of supply as applicable, file
appropriate returns, and deposit the applicable GST to the account of
appropriate government within the time limit prescribed under the GST Law.
In the event of any default, Supplier shall be liable to pay the amount which
may be imposed on NTPC due to such default.

17.10 Supplier should comply with the provisions of e-way bill notified by
appropriate authorities from time to time. The existing provisions regarding
road permit will continue till such time if applicable.

17.11 The Employer shall make necessary tax deductions under Income Tax Act or
any other laws, if applicable.

a If any rates of tax are increased or decreased, a new tax is introduced,

an existing tax is abolished, or any change in interpretation or
application of any tax occurs in the course of the performance of
Oder/Contract, which was or will be assessed on the Supplier in
connection with performance of the Order/Contract, an equitable
adjustment shall be made to take into account any such change to
fully take into account such change pertaining to GST on FOR Price
and GST Compensation Cess by addition to the Contract Price or
deduction therefrom, as the case may be, in accordance with GPC
Clause 36 (Change in Laws and Regulations) hereof. However, these
adjustments shall not be applicable on procurement of raw materials,
intermediary components and intermediary services etc. by the
Contractor.

17.12 The Contractor will be required to submit PAN details to the Project Manager
before the submission of the first bill

17.13 The payment/reimbursement of statutory variations in the rates of tax and/or

of new tax, duty or levy imposed under statute or law in India as above would
be restricted only to direct transactions between the Owner and the Bidder.

17.14 The Contractor shall be responsible for the issuance of e-way bill and other
compliances relating to e-way bill as per GST law.

17.15 The Employer will deduct GST at source at the applicable rates in case
transactions under the contract are liable to GST deduction at source as per
the prevailing provisions of GST Law.

17.16 ENTRY TAX: Subsumed in GST.

17.17 Under GST regime, party is eligible for input tax credit (ITC) on supply of
goods which is to be taken into account while submitting their bid price.
Contractor is solely responsible to get such ITC from the concerned
authorities. NTPC shall have no role in availing such benefits.

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18.0 COMMENCEMENT/ COMPLETION AND MODIFICATION OF CONTRACT

18.1 Effectiveness of Contract:

The Contract shall come into force with effect from the date of award.

18.2 Contract Period:

Notwithstanding anything to contrary contained in the Contract, A Bidder shall

offer to supply of biomass pellets (torrified/ non-torrified) for Seven years from
the date of award

18.3 Modification:

Modification of the terms and conditions of the Contract, including any

modification of the Scope of work or of the Contract Price may only be made
by written Agreement between the parties.

19.0 PAYMENTS TO THE CONTRACTOR

19.1 Payment will be made to the account of the Contractor according to the
payment terms stated here-in-after, based on the certification of Engineer-in-
Charge at respective NTPC Power Plant. Respective NTPC Plant shall
process the payments after the conditions listed for such payment have been
met, and the Contractor has submitted an invoice to respective NTPC Plant
specifying the amount due.

In case of payments to Consortium, NTPC may release payment to the

Leader and/or to any of the Consortium Partner (s) duly authenticated by the
Leader. However, the above is without any additional liability of whatsoever
nature to NTPC, in case of award of contract to a Consortium.

Further, Successful Bidder/Consortium shall be required to comply with the

requirements as laid down by RBI/Government of India from time to time,
including for receiving the payments.

19.2 All supply payments, including transportation, Insurance, taxes and duties
(wherever admissible) etc. shall be made direct to the Contractor by the
Employer .Bidder shall furnish the details of Bank Account in a prescribed
format (Annexure-S of Vol. IV) along with the Bid in order to facilitate the
owner to release payments electronically through Electronic Fund Transfer
System, wherever technically feasible. These payments shall be made
electronically only as per details of bank Account indicated in the contract,
wherever technically feasible. In case of any changes to the bank account
indicated in the Bidding documents, the Bidder shall immediately inform the
NTPC. The Bidder shall hold NTPC harmless and NTPC shall not be liable
for any direct, indirect or consequential loss or damage sustained by the
Bidder on the account of any error in the information or change in bank
details provided to the NTPC in the prescribed form without intimation to
NTPC duly acknowledged.

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19.3 Payment shall be released on submission of invoice in quadruplicate along

with supporting documents to the respective NTPC Power Plant, verifiable by
the respective NTPC Plant. Payment shall be released within fifteen (15)
working days of receipt of invoice complete in all respect with supporting
documents pursuant to the Contract.

19.4 The Employer has established a Vendor Payment portal where

Vendor/Contractor shall submit their digital bill/invoice and may track its
status. The Application for Payment along with all the supporting documents
shall be submitted by the Vendor/Contractor in digital form i.e. digitally signed
with Class-2/3 digital Signature and must be uploaded in the Employer’s
Vendor Payment Portal. No hard/physical copy of such documents will be
accepted by the Employer unless otherwise asked for in the PO or instructed
by Employer.

FAQ (Frequently asked questions with answers) regarding Invoice

submission in digital mode can be accessed through the following link:
https://pradip.ntpc.co.in/VendorFinal/Login.jsp

20.0 PAYMENT TERMS

20.1 100% of payable amount shall be paid on receipt and testing of material at
site within 15 days.

20.2 Price Adjustment on account of GCV: The final payments to the

vendor shall be done according to the Adjusted Price mechanism
where Adjusted prices shall be calculated as detailed in Technical
Specification.

Wherever technically feasible, such payments shall be made

electronically only as per details of Bank account indicated in the
Contract.

The payment shall be processed by Engr-in -Charge (EIC). The bills are to
be submitted to EIC.

All the relevant payments due as per the contract shall be released to the
Contractor on production of documentary evidence such as LR copy/ e-
way bill/ toll tax receipts etc.

Payment shall be processed only after receipt of invoice complete in all

respects with supporting documents.

20.3 The Consortium shall necessarily identify one of the partners as lead partner.
However, the partners of the Consortium are jointly and severally liable
to the Owner to perform all the contractual obligations.The Lead Partner
shall be authorised to receive instructions for and on behalf of any and all
Partners of the consortium and the entire execution of the Contract,
shall be done exclusively with the Lead Partner. NTPC may release
payment to the Lead Partner and/or to any of the consortium Partner (s) duly
authorized by the Lead Partner. However, the above is without any additional
liability of whatsoever nature to NTPC, in case of award of contract to a
consortium.

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20.4 Payment terms for Price adjustment on account of indices: Any addition
due to adjustment to the Contract Price shall be payable in the similar
manner as provided in the clauses 20.1, 20.2 and 20.3 of GPC. Reduction to
the Contract Price, if any, due to price adjustment provisions, shall be
effected by recovering 100% of the reduction amount (including advance)
from any of the Contractor's bills falling immediately due for payment.

Wherever technically feasible, such payments shall be made electronically

only as per details of Bank account indicated in the Contract.

The payment shall be processed by Engr-in-Charge (EIC). The bills are to

be submitted to EIC.

20.5 All the relevant payments due as per the contract shall be released to the
Contractor on production of documentary evidence such as LR copy/ e-way
bill/ toll tax receipts etc, to ensure that Biomass Pellets have been
supplied from bidder's declared place (District) of manufacturing plant as
mentioned in Attachment-6 for the respective project .

In case the location of manufacturing Plant is not yet finalized, then bidder
may declare the tentative location of manufacturing Plant in Attachment-9.
However, the Bidder shall declare the location of their manufacturing
Plant within 180 days of placement of Award.

If a Contractor does not declare the Plant Location within 180 days of
Placement of Award, then the Contract is liable to be terminated and
security deposit of the bidder is liable to be forfeited and bidder is liable to
be debarred for subsequent tenders.

However, in the event of declaration of location of manufacturing plant

after the placement of Award, the FOR destination price quoted by the
bidder and incorporated in LOA/PO, shall remain same.

20.6 The Consortium shall necessarily identify one of the partners as lead
partner. However, the partners of the Consortium are jointly and severally
liable to the Owner to perform all the contractual obligations.

The Lead Partner shall be authorised to receive instructions for and on behalf
of any and all Partners of the consortium and the entire execution of the
Contract, shall be done exclusively with the Lead Partner. NTPC may release
payment to the Lead Partner and/or to any of the consortium Partner (s) duly
authorized by the Lead Partner. However, the above is without any additional
liability of whatsoever nature to NTPC, in case of award of contract to a
consortium.

21.0 TAX DEDUCTION AT SOURCE

Tax deduction at source shall be governed as per prevailing rules.

22.0 PRICE ADJUSTMENT FOR GCV VARIATION

AS PER CLAUSE 10 OF “TECHNICAL SPECIFICATIONS”

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23.0 QUANTITY ADJUSTMENT

AS PER CLAUSE 11 OF “TECHNICAL SPECIFICATIONS

24.0 CHANGE IN LAWS AND REGULATIONS

If, after the date seven (7) days prior to the date of Bid submission, in the
country where the Site is located, any law, regulation, ordinance, order or by-
law having the force of law is enacted, promulgated, abrogated or changed
(which shall be deemed to include any change in interpretation or application
by the competent authorities) that subsequently affects the costs and
expenses of the Contractor and/or the supply period, the Contract Price shall
be correspondingly increased or decreased, and/or the supply period shall be
reasonably adjusted to the extent that the Contractor has thereby been
affected in the performance of any of its obligations under the Contract.
However, these adjustments would be restricted to direct transactions
between the Owner and the Contractor. These adjustments shall not be
applicable on procurement of raw materials, intermediary components, and
intermediary services etc. by the Contractor.

25.0 No breach of contract

The failure of a party to fulfill any of its obligations under the Contract shall
not be considered to be a breach of or default under the Contract in so far
as such inability arises from an event of Force Majeure, provided that the
Party affected by such an event
(a) has taken all reasonable precautions, due care and reasonable
alternative measures in order to carry out the terms and conditions of
this Contract and
(b) has informed the other Party as soon as possible about the occurrence
of such an event.

26.0 FORCE MAJEURE

Force Majeure is herein defined as any cause which is beyond the control
of either party of the Agreement as the case may be, which they could not
foresee or with a reasonable amount of diligence could not have foreseen
or which when foreseen could not have prevented and which materially and
adversely affected the performance by either party (the Affected Party) of
its obligation under the Agreement such as but not limited to:

a) Act of God, natural phenomena including but not limited to floods,

droughts, earthquakes epidemics, lightening and cyclone;

b) Acts of any Government (domestic or foreign) including but not limited

to war, declared or undeclared, hostilities, priorities, quarantines,
embargoes;
c) Civil disturbances including riot, civil commotion, sabotage or terrorism;
revolution, rebellion, insurrection;

d) Strikes and lock outs.

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Burden of Proof:

The burden of proof as to whether a Force Majeure event has occurred

shall be upon the party claiming the Force Majeure event.

If operation of such circumstances exceed three months, either party will

have the right to refuse further performance of the agreement, in which
case, neither party shall have the right to claim eventual damages.

The party, which is unable to fulfill its obligations under this agreement, shall
within 15 days of occurrence of any of the causes mentioned in this clause
shall inform the other party in writing of the existence or termination of the
circumstances preventing the performance of the contract. Certificate
issued by Chamber of Commerce or any other competent authority
connected with the case in the country of Contractors or the buyers shall be
sufficient proof of the existence of the above circumstances and their
duration. The Contractor 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 accordingly.

27.0 HANDLING OF DOCUMENTS / CONFIDENTIALTIY

27.1 The Owner and the Contractor shall keep confidential and shall not, without
the written consent of the other party hereto, divulge to any third party any
documents, data or other information furnished directly or indirectly by the
other party hereto in connection with the Contract, whether such information
has been furnished prior to, during or following termination of the Contract.

27.2 The Owner shall not use such documents, data and other information
received from the Contractor for any purpose other than the Supplies of
biomass Pellets. Similarly, the Contractor shall not use such documents,
data and other information received from the Owner for any purpose other
than Supplies of biomass pellets as are required for the performance of the
Contract.

27.3 The obligation of a party under GPC Sub-Clauses 27.1and 27.2 above,
however, shall not apply to that information which

(a) now or hereafter enters the public domain through no fault of that
party

(b) can be proven to have been possessed by that party at the time of
disclosure and which was not previously obtained, directly or
indirectly, from the other party hereto

(c) otherwise lawfully becomes available to that party from a third party
that has no obligation of confidentiality.

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27.4 The above provisions of this GPC Clause 27 shall not in any way modify
any undertaking of confidentiality given by either of the parties hereto prior
to the date of the Contract in respect of the Facilities or any part thereof.

27.5 The provisions of this GPC Clause 27 shall survive termination, for
whatever reason, of the Contract.

The Contractor shall take necessary steps to ensure that all persons
employed on any work in connection with this engagement are fully aware
that the Indian Official Secrets Act 1923 (XIX of 1923) applies to them and
shall continue to apply even after the execution of such work(s) under the
Contract.

28.0 CONTRACT PERFORMANCE GAURANTEE

Security Deposit: Security deposit @ 7 lakh per 20 TPD for 7 year

tenders. Further security deposit amount shall be computed @3.5 Lakhs per
10 TPD or part thereof the awarded quantity.

100% of total Security deposit shall be submitted within 30 days of placement

of LOI/LOA

Alternatively, 25% of total Security deposit shall be submitted as initial

Security deposit within 30 days of LOI/LOA and the remaining amount of
security deposit shall be collected by deduction of 10% in each bill till the total
security deposit is collected.

The Successful bidder(s) shall furnish the Performance Bank Guarantee to

NTPC as per format enclosed at Annexure-F 2 of Bidding Documents
inclusive of estimated Taxes & Duties as applicable, CPG may be
submitted in any of the following forms:
‐ A crossed Demand Draft / Bankers cheque drawn in favour of NTPC Ltd.
Payable at (station inviting tender as per bidding document)

‐ An irrevocable Bank Guarantee as per the NTPC standard format from

any Nationalized bank / Scheduled Bank as acceptable to NTPC from
any of the Banks listed at Annexure-F4 to Volume V of the bidding
documents.

The Performance Bank Guarantee shall be valid till three months beyond the
expiry of Contract and shall remain in full force and effect during the period
that would be taken for satisfactory performance and fulfillment in all respect
of the contract.

Extension of BG should also be on Stamp paper of same value as that of the

original BG and minimum extension of any BG should be three months.

The Bank guarantee submitted from within India towards, Contract

Performance Security, shall be issued on Non-Judicial Stamp Paper of
appropriate value as per Stamp Act prevailing in the State(s) where the BG is
submitted or is to be acted upon or the rate prevailing in the State where the

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BG is executed whichever is higher.

Employer’s name and address in respect of EOC, Noida and for the purpose
of BG may be taken as mentioned in IFB under address for Communication
in IFB.

In certain States, the Rules permit levy of stamp duty by the process of franking
under signature of empowered officer. Such BG may also be accepted as duly
stamped.

The date, purpose of purchase and name of the purchaser should be indicated
on the stamp paper. The stamp papers (other than e-stamp paper) should be
duly signed by the stamp vendor. The date of sale of the non-judicial stamp
paper, as indicated on the stamp paper should be of any date on or before the
date of execution of the BG. The name of the Purchaser of stamp paper may
either be the executing Bank or the party on whose behalf the BG is being
issued.

The name and designation of the Officer of the Bank executing the BG and
his power of Attorney/ Signing Power No. should be duly indicated in the
B.G.

Each page of the BG should be duly signed/ initialed by the executants and
Stamp of the Bank is affixed thereon. The last page of BG should be signed
with full particulars including the name of authorized signatory, full postal
addresses, telephone number, fax number etc. under the seal of the Bank as
required as per the prescribed proforma in the Bid documents.

Confirmation of BGs through Structured Financial Messaging System

(SFMS) While issuing the physical BG, the Bidder’s Bank shall also send
electronic message to Employer’s Beneficiary Bank whose details are
provided herein below

(a) Bank Name: ICICI Bank Limited

(b) Branch: CONNAUGHT PLACE BRANCH
(c) Bank Address: 9A, PHELPS BUILDING, INNER CIRCLE, NEW DELHI-
110001
(d) IFSC Code: ICIC0000007

BG issuing/amending bank must send the BG advice in the form of message

format via SFMS (Structured Financial Messaging System) as provided by RBI.
The format of the message for confirmation of the BG shall be as below:

BG advising message: IFN 760COV/ IFN 767COV via SFMS

Field Number: Particulars (to be mentioned in Row 1)
7037: NTPCBG (unique identifier)

Extension of BG should also be on Stamp paper of same value as that of the

original BG and minimum extension of any BG should be three months.

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In case of Consortium, in the event of award to the Successful bidder,

Performance Bank Guarantee, shall be in the name of all the Partners of the
Consortium.

Failure of the supplier to submit the above-mentioned Contract Performance

Guarantee shall constitute sufficient grounds for the annulment of the award
and forfeiture of the Bid Security.

29.0 SUSPENSION OF OBLIGATIONS

The obligation stipulated in the bidding documents can only be suspended in

the case of any particular item of work, in the event of Force Majeure as
defined in Clause 26.0 or as the result of an Agreement between the parties.
In the event of Force Majeure, neither of the parties may be considered in
default of its obligations under the terms of the Contract/Agreement.

30.0 NO WAIVER OF RIGHTS

Neither the inspection by NTPC or any of their agents nor any order by
NTPC for payment of money or any payment for or acceptance of, the whole
or any part of the Works by NTPC, nor any extension of time, nor any
possession taken by NTPC shall operate as a waiver of any provision of the
Contract, or of any power reserved to NTPC, or any right to damages herein
provided, nor shall any waiver of any breach in the Contract be held to be a
waiver of any other or subsequent breach.

31.0 CERTIFICATE NOT TO AFFECT RIGHT OF NTPC AND LIABILITY OF

CONTRACTOR

Neither the payment made by NTPC nor any extension of time for execution
of the Works granted by NTPC shall affect or prejudice the rights of NTPC
against the Successful Bidder or relieve the Contractor of his
obligations for the due performance of the Contract, or be interpreted as
approval of the Works done or discharge the liability of the Contractor for
the payment of damages whether due, ascertained, or certified or not, or
any sum against the payment of which they are bound to indemnify NTPC,
nor the acceptance by them of any sum paid affect or prejudice the rights of
the Contractor against NTPC.

32.0 GRAFTS, COMMISSIONS, GIFTS ETC

Any graft, commission, gift or advantage given, promised or offered by or on

behalf of the Contractor or their partner, agent, officers, director, employee or
servant or any one on their behalf in relation to the obtaining or to the
execution of this or any other Contract with NTPC, shall, in addition to any
criminal liability which it may incur, subject the Contractor to the cancellation
of this and all other contracts and also to payment of any loss or damage to
NTPC resulting from any cancellation. NTPC shall then be entitled to deduct
the amount so payable from any monies otherwise due to the Contractor
under the Contract.

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33.0 ENFORCEMENT OF TERMS

The failure of either party to enforce at any time any of the provisions of the
Contract or any rights in respect thereto or to exercise any option here in
provided, shall in no way be construed to be a waiver of such provisions,
rights or options or in any way to affect the validity of the Contract. The
exercise by either party of any of its rights herein shall not preclude or
prejudice either party from exercising the same or any other right it may have.

34.0 LIMITATION OF LIABILITY

Except in cases of criminal negligence or willful misconduct,

(a) neither Party shall be liable to the other Party, whether in contract, tort,
or otherwise, for any indirect or consequential loss or damage, loss of
use, loss of production, or loss of profits or interest costs, which may be
suffered by the other Party in connection with the Contract, provided that
this exclusion shall not apply to any obligation of the Contractor to pay
liquidated damages to the Employer and

(b) the aggregate liability of the Contractor to the Employer, whether under
the Contract, in tort or otherwise, shall not exceed the total Contract
Price, provided that this limitation shall not apply to any obligation of the
Contractor to indemnify the Employer with respect to patent infringement.

(c) the aggregate liability of the Employer to the Contractor, whether under
the Contract, in tort or otherwise, at any point of time during the
execution/performance of the Contract, shall not exceed the ‘total
Contract Price less payments already released to the Contractor’.

34.1 NO CLAIM FOR INTEREST OR DAMAGE

34.1.1 INTEREST ON MONEY DUE TO THE CONTRACTOR:

Contractor shall not be entitled to any interest or damage in case of any delay
on the part of the Employer to pay the amount due upon measurement or as
per Contract or otherwise. Contractor shall also not be entitled to interest
upon any guarantee/ security/ retention money or payments in arrears or
upon any balance which may on the final settlement of his account be due to
him.

34.1.2 NO CLAIM FOR INTEREST OR DAMAGE:

No claim for interest or damage will be entertained or be payable by the

Employer in respect of any amount or balance which may be lying with the
Employer or may become due upon settlement/adjudication of any dispute,
difference or misunderstanding between the parties by way of arbitration or
court proceedings or otherwise or in respect of any delay or omission on the
part of the Employer in making intermediate or final payment or in respect of
any amount/damage which may be claimed through arbitration or court
proceedings or in any other respect whatsoever.

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35.0 TERMINATION

In addition to provisions specified elsewhere in the bidding document,.The

Employer may terminate the Order/Contract, by not less than thirty (30) days’
written notice of termination to the Supplier , to be given after the occurrence
of any of the events specified in paragraphs(a) to (d) of this Clause and
sixty(60) days’ in the case of the event referred to in (e) below :

(a) if the Supplier does not remedy a failure in the performance of their
obligations under the Contract, within thirty (30) days after being notified
or within any further period as the Employer may have subsequently
approved in writing;

(b) if the Supplier becomes insolvent or bankrupt;

(c) if as a result of Force Majeure, the Supplier is unable to perform a

material portion of the Services for a period of not less than sixty(60)
days; or

(d) if the Supplier, in the judgment of the Employer has engaged in corrupt
or fraudulent practices in competing or in executing the Contract. For the
purpose of this clause: “Corrupt Practice” means the offering, giving,
receiving or soliciting of anything of value to influence the action of a
public official in the selection process or in contract execution.
“Fraudulent Practice” means a misrepresentation of facts in order to
influence a selection process or the execution of a contract to the
detriment of the Employer.

(e) if the Employer, at its sole discretion, decides to terminate this Contract.

(f) If the Contractor, sub-contracts any part of the works in violation of the
provision of ITB Clause 50.0.

In event of termination of Order/Contract, the Employer shall pay to the

Supplier/Contractor the Contract Price, properly attributable to the works/
supplies executed by the Supplier/ Contractor as on the date of termination.
However, any sums due to the Employer from the Contractor accruing prior
to the date of termination shall be deducted from the amount to be paid to the
Supplier under this Order/Contract.

Delivery schedule already finalized and intimated to the Contractor shall not
be terminated. The owner shall not be liable to the Contractor for any loss,
costs, damages or expenses on account of termination of the Contract

36.0 DEFENSE OF SUITS

If any action in court is brought against for the failure or neglect on the part of
the Contractor to perform any acts, matter, covenants or things under the
Contract, or any damage or injury caused by the alleged omission or
negligence on the part of the Contractor, their employees, the Contractor
shall in all such cases indemnify and keep NTPC or their representatives,
harmless from all losses, damages, expenses or decrees arising of such
action.

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37.0 JURISDICTION

The courts in Delhi shall have the exclusive jurisdiction in matters arising
under the Contract.

38.0 ASSIGNMENT

The Contractor shall not, without the express prior written consent of the
Employer, assign to any third party the Contract or any part thereof, or any
right, benefit, obligation or interest therein or thereunder, except that the
Contractor shall be entitled to assign either absolutely or by way of charge
any monies due and payable to it or that may become due and payable to it
under the Contract.

39.0 DEFAULT / RISK PURCHASE:

The Owner may, without prejudice to any other remedy for breach of
contract, by written notice of default sent to the Seller, terminate the contract
in whole or part (at the option of the Owner) if:
39.1 The Seller fails to deliver any or all of the goods within the time
period(s)specified in the Contract or any extension thereof granted by the
Owner; or(b) the Seller fails to perform any other obligation(s) under the
Contract.
39.2 In the event the Owner terminates the contract in whole or in part, pursuant to
above, the Owner may procure, upon such terms and in such manner as it
deems appropriate, biomass pellets supplies of similar specifications and the
bidder shall be liable to the Owner for any excess costs for such similar
biomass pellets. However, the bidder shall continue performance of the
Contract to the extent not terminated.
In the event of Suppliers failure to supply the material of acceptable quality in
scheduled delivery period, NTPC reserves the right to procure the materials
from any other source at the Suppliers risk and cost and the difference in cost
shall be borne by the Supplier. Further, NTPC shall retain the right of
forfeiture of CPG and or any other action as deemed fit.
39.3 The aforementioned right of termination shall be without prejudice to any
other rights and remedies that the Owner has under the Contract or in law
including but not limited to claiming liquidated damages on account of delay
in delivery of biomass pellets to the Destination site. Further any termination
of the Contract shall be without prejudice to any rights and remedies that
have accrued prior to the termination of the Contract.

40.0 COMPLIANCE WITH GOVERNMENT ORDERS

The biomass pellets supply under the Contract, is meant for the purpose of
generation of power at NTPC power Plants. The Contractor shall ensure
compliance of all regulations/ conventions/ policies/ guidelines/ orders etc. of
Govt. of India/State in force related to any or all of the activities covered in
insurance, clearing, handling & forwarding, and insurance etc.

In case of any modifications in any of the provisions in respect of supply of

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biomass pellets, during the currency of the contract, the same shall become
applicable and binding on Contractor and NTPC with immediate effect.

41.0 INSPECTION AND TESTS

All materials shall be inspected as per provisions of Technical Specification.

The Supplier shall execute the Purchase Order/Services in compliance with
the provisions of the Contract.

42.0 REMOVAL OF REJECTED GOODS AND REPLACEMENT

a) If upon delivery, whether inspected and approved earlier or otherwise, the

biomass pellets supplies is not in conformity with the specifications, the
same shall be rejected by the Employer or his duly authorised
representative and notification to this effect will be issued to the Supplier
within 30 days from the date of receipt of the material at site.
b) The supplier shall arrange for removal of the rejected item(s) within 15
days from the date of notification. In the event, the supplier fails to lift the
materials within the said 15 days, the Employer shall be at liberty to
dispose of such rejected item(s) in any manner as he may think fit and
recover all the expenses from the Supplier.

43.0 LIQUIDATED DAMAGES (LD)

In case of award, the contractor shall have to start delivery of material within
270 days from the date of award. However, to facilitate initial capacity ramp
up, no Liquidated Damage (LD) shall be levied for initial 120 days from
delivery start date (herein after referred as ‘NO LD period’).

After NO LD period, for annual supply shortfall more than 30% from the total
of daily delivery schedule in that year, Liquidated Damage (LD) at the rate of
5% of quoted FOR price (excluding taxes) per tonne shall be levied for supply
shortfall beyond 30% and shall be adjusted against running bills. For annual
supply shortfall up to 30% from the total of daily delivery schedule in that
year, no liquidated damage shall be levied.”

The total amount of liquidated damages for shortfall in supply of materials

under the contract shall not exceed five percent (5%) of the total Contract
Price.

Although the contractor shall supply the material as per quantity offered on
daily basis, contractor shall have the flexibility to supply the material in greater
quantity than offered to supply on daily basis on mutual consent basis to
meet the annual supply requirement. In such case, Contractor shall give one
week advance intimation to NTPC site and NTPC site shall give the consent
to supply material in greater quantity after assessing traffic congestion or
other aspects as required.
NOTE: Wherever LD is recoverable as per the terms of the Contract, the
same shall be recovered from the contractor/ party along with applicable
GST. Further, GST invoice towards the same shall be issued to the
contractor/party.

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44.0 DIVERSION OF SUPPLIES

NTPC reserves the right to divert the supplies from a particular project to any
other project. Price for the new project will be decided after mutual
agreement between the Employer and the Contractor. Further, in case of
diversion, L1 price in terms of Rs/1000 kcal of the project wherein supplies
being diverted, shall be ceiling price

45.0 INTEGRITY PACT

If the Employer has terminated the contract pursuant to Section-3 of the

Integrity Pact (IP), the Employer shall encash the Contract Performance Bank
Guarantee, in accordance with Section-4 of Integrity Pact'.

46.0 INDEPENDENT EXTERNAL MONITORS (IEMS):

The nodal officer for necessary coordination with Independent External

Monitors (IEMs) shall be as under:

i) Concerned Group : if the issue pertains to

Head in CC&M awarding of Contract by
CC&M

ii) Concerned Group : if the issue pertains to

Head of C&M under awarding of Contract by
respective CPG of USSC
USSC

iii) Concerned Head of : if the issue pertains to other

Department departments

iv) Head of Project/ : if the issue pertains to post-

Station award execution or award of
Contract by Project/ Station

47.0 CONTRACTOR PERFORMANCE FEEDBACK AND EVALUATION

SYSTEM
The Owner has in place an established 'Contractor Performance and
Feedback System' against which the Contractor's performance during the
execution of Contract shall be evaluated on a continuous basis at regular
intervals. In case the performance of the Contractor is found unsatisfactory
on any of the following four parameters, the Contractor shall be considered
ineligible for participating in future tenders for two years:

 Financial Status

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 Contract Execution Capability

 Claims & Disputes

On completion of above ineligibility period, the Contractor would be required

to submit a request to NTPC for participating in future tenders specifying the
measures taken to improve their performance. On receipt of such request,
the performance of the Contractor shall be assessed/re-evaluated by NTPC
and if the performance is found to be satisfactory, the Contractor shall be
considered eligible for participation in future tenders’.

48.0 WITHHOLDING/BANNING

The Employer has in place a Policy for withholding and Banning of Business
Dealings as enclosed at Annexure-I to General Purchase Conditions (GPC)
of the Bidding documents. Business dealings may be withheld or banned with
the Contractor on account of any Default by the Contractor under any of the
grounds as detailed in the said Withholding and Banning Policy.”

49.0 SUB-CONTRACTING

The Contractor shall not be allowed to sub-contract works to any sub-

contractor/ sub-vendor from a country which shares a land border with India
unless such contractor is registered with the competent Authority.

The Competent Authority for the purpose of registration shall be as

mentioned in Annexure-II to GPC. However, the said requirement of
registration will not apply to sub-contractors from those countries (even if
sharing a land border with India) to which the Government of India has
extended lines of credit or in which the Government of India is engaged in
development projects. The Contractor may apprise itself of the updated lists
of such countries available in the website of the Ministry of External Affairs.

50.0 FRAUD PREVENTION POLICY

The Supplier along with their associate / collaborator / subcontractors / sub-

vendors / consultants / service providers shall strictly adhere to the Fraud
Prevention policy of the Employer displayed on its tender website
https://ntpctender.ntpc.co.in. The Supplier alongwith their associate /
collaborator / subcontractors / sub-vendors / consultants / service providers
shall observe the highest standard of ethics and shall not indulge or allow
anybody else working in their organization to indulge in fraudulent activities
during execution of the Contract (Purchase Order/Service Order). The
Supplier shall immediately apprise the Employer about any fraud or
suspected fraud as soon as it comes to their notice.

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A Maharatna Company

Annexure-I

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 A Maharatna Company

1. Introduction

1.1 NTPC Ltd. deals with Agencies, who are expected to adopt ethics of
highest standards and a very high degree of integrity, transparency,
commitments and sincerity towards the work undertaken. It is not in the
interest of NTPC to deal with any Agency, which commits deception,
fraud or other misconduct of whatsoever nature in the tendering process
and/or execution. NTPC is committed for timely completion of the
projects within the awarded value without compromising on quality.
1.2 Since banning of business dealings involves civil consequences for an
Agency concerned it is incumbent that adequate opportunity of hearing
is provided and the explanation, if tendered, is considered before
passing any order in this regard keeping in view the facts and
circumstances of the case.

2. Scope

2.1 NTPC reserves its right to withhold or ban or suspend business dealings
with any Agency, if such Agency is found to have committed misconduct
or any of its action(s) fall into any such categories as laid down in this
policy.
2.2 The procedure for (i) Withholding, (ii) Banning and
with any Agency, has been laid down in these
guidelines.

2.3 The provisions of this Policy supersede and will have overriding effect on
all earlier guidelines, procedures & system circulars issued for the similar
purpose.

2.4 This policy comes into force from the date of its issuance.

2.5 The provisions of this policy will be effective on investigations conducted

or misconduct/irregularities noticed on the part of any Agency in all
contracts awarded on or after the date of implementation of this policy
and in the contracts under execution or contracts not yet closed, on the
date of the implementation of this policy.

2.6 The provisions of this Banning Policy shall also be applicable for
JVs/Subsidiaries of NTPC as well.

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 A Maharatna Company

3. Definitions
In these Guidelines, unless the context otherwise requires:

i) Agency shall mean Contractor / Supplier / Applicant/ Purchaser /

Bidder/ NTPC approved Sub-contractor of a
Contractor to whom work has been awarded. It shall include, but not
limited to, a public limited company or a private limited company, a firm
whether registered or not, any individual, a cooperative society or an
association or a group of persons engaged in any commerce, trade
industry, or constituents of an unincorporated Joint Venture Company,
etc.

ii) Competent Authority and ‘Appellate Authority’ shall mean the

following :-

a) For Company (entire NTPC) wide Banning for Contracts

awarded/processed from Corporate Centre for NTPC and its
JVs/Subsidiaries of NTPC

The CMD shall be the ‘Competent Authority’ for the purpose of these
guidelines. Board of Directors / Sub-committee of the Board of
Directors / Group of Directors, nominated for the said purpose shall
be the ‘Appellate Authority’ in respect of such cases.

b) For SSC/Region wide Banning for Contracts

awarded/processed from Regions

The Regional ED shall be the Competent Authority for the purpose

of these guidelines. The CMD shall be Appellate authority in respect
of such cases.

c) For Contracts awarded/processed from individual Projects

/ Units/ JVs/Subsidiaries

The Head of Project/CEO shall be the ‘Competent Authority’ for the

purpose of these guidelines. The Regional Executive Director shall
be the ‘Appellate Authority’ in respect of such cases.

iii) ‘Investigating Department’ shall mean any Department or Unit of

NTPC, investigating into the conduct of the Agency and shall include the
NTPC Vigilance Department, Central Bureau of Investigation, the State
Police or any other department set up by the Central or State
Government having powers to investigate.

iv) ‘List of Enlisted Agencies –shall mean and include list of Enlisted
Parties / Contractors / Suppliers / Bidders, etc.

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 A Maharatna Company

v) State – includes the Government and Parliament of India and the

Government and the Legislature of each of the States and all local or
other authorities within the territory of India or under the control of the
Government of India.

vi) Fraud Prevention Policy – shall mean the policy related to prevention
of fraud displayed on NTPC tender website http://www.ntpctender.com.

vii) Contractor Performance Feedback and Evaluation System – The

guidelines outlined in relevant NTPC circular for evaluating the
Contractor’s performance by the Screening Committee in respect of
Contracts awarded by Corporate Contracts Services.

viii) Completion of Facilities shall mean the term ‘Completion of

Facilities ’ as defined in the Contract.

ix) Standing Committee shall mean the following :-

a) For Contracts awarded/processed from Corporate Centre

A Committee constituted for the purpose of these guidelines and

comprising members from CC&M (Convener), Finance and
Engineering/Indenting department. Additional member(s) from any
other deptt/site/SSC/region as considered appropriate may also be
co-opted on case to case basis. The level of the committee
members shall be GM and above.

b) For Contracts awarded/processed from SSC/Regions

A Committee constituted for the purpose of these guidelines and

comprising HODs (not below AGM level) from C&M (Convener),
Finance and Indenting department. Additional member(s) from any
other deptt. /site as considered appropriate may also be co-opted
on case to case basis.

c) For Contracts awarded/processed from individual Projects / Units

A Committee constituted for the purpose of these guidelines and

comprising HODs (not below AGM level) from C&M (Convener),
Finance and Indenting department. Additional member(s) from any
other deptt. as considered appropriate may also be co-opted on
case to case basis.

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 A Maharatna Company

4. Withholding of business dealings

4.1 Grounds

The business dealing with the Agency may be withheld, if they are found to
be in breach of the terms & conditions of the Contract, on account of the
reasons attributable to them, which shall include, but not be limited to the
following:

if the Agency

a) Either fails to commence work on the Facilities in terms of contract or

suspends the progress of Contract performance.
b) Fails to achieve the `Completion of Facilities’ or execute the contract
milestones within time schedule stipulated in the contract

c) Suspends/stops work on any unfounded pretext including seeking higher

compensation.

d) Fails to conduct the Guarantee test in the time limit stipulated in the
contract.

e) Diverts funds advanced to the Contractor for purpose other than the
Contract.

f) Does not deploy or withdraws the technical staff or equipment

considered necessary as per the terms & conditions of contract;

g) Fails to furnish the required documents / information as required under

the terms & conditions of contract;

h) Does not fulfill the obligations as required under the Contract .

i) Violates terms & conditions of the contract.

j) Does not Supply material /supplies material of inferior quality with

respect to Technical Specifications under the Contract.

k) On prima-facie scrutiny, work executed found to be of poor quality

beyond acceptable limits stipulated in the Technical Specifications under
the Contract.

l) If a disaster / major failure / accident / collapse of a structure/ system

caused during erection or during defect liability period
appears to be due to negligence of contractor or design deficiency or
poor quality of execution.

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 A Maharatna Company

m) A

n) Misbehavior or physical manhandling by the Agency or his

representative or any person acting on his behalf with any official of the
company dealing with the concerned contract.

o) If NTPC prima-facie of the view that the Agency is guilty of an offence

involving corrupt, fraudulent practices including misrepresentation of
facts as per NTPC Fraud Prevention Policy, moral turpitude in relation
to the business dealings.

p) If the Central Vigilance Commission, Central Bureau of Investigation or

any other Central Government investigation Agency or any other Central
Government Department recommends such a course in respect of a
case under investigation;

q) If the security consideration, including questions of loyalty of the Agency

to the state, so warrants ;

r) The finished work either prematurely fails or fails to give the desired
output/service during the defect liability period and the Agency fails to
rectify it.

s) On any ground as per which doing business dealings with the Agency
is not in the public interest in the opinion of Competent Authority.

t) If the Agency fails to comply with any of the statutory laws and
regulations in force, in totality, even after completion of work.

4.2 Procedure

(a) For Site/SSC/Regional/Corporate Packages

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 A Maharatna Company

4.3 Notice of Default

Once the proposal for issuance of is approved by the
Competent Authority, a ‘Notice of Default’ duly vetted by legal deptt shall
be issued by the Competent Authority himself or by a person authorized for
the said purpose to the Agency giving them a period of
to remedy the default.

If Agency fails to remedy or take adequate steps to remedy the default to

the satisfaction of NTPC within the notice period mentioned above, then
business dealings shall be withheld with the Agency after approval of the
Competent Authority. The order of such withholding of business dealings
shall be communicated to the Agency (after vetting by legal deptt) by the
Competent Authority himself or by a person authorized for the said purpose.

4.4 Area of Operation

A decision to withhold business dealings with any Agency for

Regional/SSC/Site awarded contracts shall be restricted to such
Regions/SSC/Sites only and for Corporate awarded contracts withholding
shall apply throughout the Company.

For Regional/SSC/Site wise withholding of any Agency, circular for such

withholding shall be issued by respective Regions/SSC/Sites under
intimation to RED and ED (CC&M) and also uploaded at intranet of
respective Regions/SSC/Sites. However, in case of company wide
withholding of any Agency, circular shall be issued by Corporate Contracts
and uploaded at intranet of CC&M.

4.5 Effect of Withholding

The Agency, after issue of order of withholding of business dealings, would
not be allowed to participate in any future tender enquiry and if the Agency
has already participated in any tender process and the price bids are not
opened, his techno-commercial bid will be rejected and price bid will be
returned unopened. However, where the price bids of Agency have been
opened prior to order of withholding, bids of the Agency shall not be
rejected.

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 A Maharatna Company

4.6 Duration of Withholding

Duration of withholding the Agency shall be for a period of one year. Within
this period, if the Agency rectifies the reason / ground on which the Agency
has been withheld, to the satisfaction of the Competent Authority, then on
written representation of the Agency, the Competent Authority can review
and, if satisfied, may revoke the order of withholding of business dealing.
Provided further that, even till completion of one year of withholding period,
if the Agency does not rectify, then the Competent Authority after reviewing
the situation may issue order extending the period of withholding for one
more year or advise initiation of action for banning of business dealings with
Agency in accordance with the procedure prescribed in Para 5.2 below.

4.7 Revocation of Orders

An order for withholding of business dealing passed for a certain specified

period, including extension thereof, shall not be revoked automatically. Such
withholding shall be revoked only after order in this respect is issued with
the approval of Competent Authority.

5. Banning of business dealings

5.1 Grounds on which Banning of business dealings can be initiated

Banning of business dealings can be initiated against Agency, on following

grounds :-

a) If the Agency fails to accept the award of contract or has abandoned or

repudiated the Contract.

b) If the Contractor is found to be non-performing in execution of contract by

the Screening Committee (nominated as per NTPC established `Contractor
Performance Feedback and Evaluation System’).

c) If a disaster / major failure / accident / collapse of a structure / system is

caused during erection or during defect liability period due to negligence of
contractor or design deficiency or poor quality of execution.

d) Misbehavior or physical manhandling by the Agency or his representative or

any person acting on his behalf with any official of the Company dealing with
the concerned contract is established.

e) If the Director / Owner of the Agency, proprietor or partner of the Agency, is

convicted by a court of law for offences involving corrupt and fraudulent

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 A Maharatna Company

practices including moral turpitude in relation to its business dealings with

the government or NTPC or NTPC’s group companies, during the last five
years.

f) If the proprietor of the Agency have been guilty of malpractices such as

bribery, corruption, fraud, substitution of the tenders, interpolations, etc.

g) If the Agency continuously refuses to return / refund the dues of NTPC or

NTPC’s group companies, without showing adequate reason and this is not
due to any reasonable dispute which would attract proceedings in arbitration
or court of Law;

h) If the Agency employs a public servant dismissed / removed or employs a

person convicted for an offence involving corruption or abetment of such
offences ;

i) If business dealings with the Agency have been banned by the Ministry of
Power or Government of India and the ban is still in force,

j) If it is established that Agency has resorted to corrupt, fraudulent practices

including misrepresentation of facts;

k) If the Agency uses intimidation/threatening or brings undue outside pressure

on the NTPC or NTPC’s group companies, or its official in acceptance /
performance of the job under the contract.

l) If the Agency indulges in repeated and / or deliberate use of delay tactics in

complying with contractual stipulations;

m) If the Agency is found to be involved in cartel formation during bidding.

n) On willful indulgence by the Agency in supplying sub-standard material with

respect to Technical Specifications under the Contract irrespective of whether
pre-dispatch inspection was carried out by Company (NTPC) or not;

o) Based on the findings of the investigation report of CBI/Police against the

Agency for malafide/unlawful acts or improper conduct on his part in matters
relating to the Company (NTPC) or even otherwise;

p) If the Agency is declared bankrupt or insolvent or its financial position has

become unsound, and in the case of a limited company, it is wound up or
liquidated.

q) Established litigant nature of the Agency to derive undue benefit;

r) Continued poor performance of the Agency;

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 A Maharatna Company

s) If the Agency violates the provisions of the Integrity Pact provided in the
Contract.

t) If the Agency commits fraud as defined under the Fraud Prevention Policy of
NTPC.

u) If the Agency has assigned or transferred the contract or engaged sub-

contractor(s) without the prior approval of the Competent Authority in
violation of the provisions of the contract.

v) If the Agency misuses the premises or facilities of the NTPC forcefully

occupies, tampers or damages the Company’s properties including land,
water resources, forests / trees, etc.

w) If the security consideration, including questions of loyalty of the Agency to

the state, so warrants;

(Note: The examples given above are only illustrative and not exhaustive. The
Competent Authority may decide to ban business dealing for any good and
sufficient reason).

5.2 Procedure

(a) For Site/SSC/Regional Packages where banning is

proposed at Site/SSC/Regional level respectively

The concerned department on noticing any non/under performance and/or

irregularities and/or misconduct and/or unethical practice as mentioned
above, shall refer the matter to Convener of the Standing Committee along
with relevant details. The Standing Committee shall analyze the referred
case and if considered appropriate,

the Competent Authority

In case the Standing Committee recommends waiver of banning of business

dealings with the Agency, the proposal along with reasons thereof shall be
put up for approval of one level above the Competent Authority.

All the above proposals shall be routed through Vigilance department.

Besides the Standing Committee, Vigilance Department of each Project /

Unit / Corporate Vigilance may also be competent to initiate the proposal
for banning.

(b) For SSC/Site Packages where Region wide banning is proposed

For SSC/Site cases, if the gravity of the misconduct is such that it would not

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 A Maharatna Company

be in the interest of the concerned Region as a whole to deal with such an

Agency, the Competent Authority of the Site may put up his
recommendation to RED.

(c) For Site/SSC/Regional Packages where Company wide banning is

proposed
For Regional/SSC/Site cases, if the gravity of the misconduct is very serious
and it would not be in the interest of NTPC as a whole to deal with such an
Agency, the Competent Authority of the Site/SSC/Region may put up his
recommendation to CMD through RED (for site cases), ED(CC&M) and Chief
Vigilance Officer (CVO), NTPC.

(d) For Corporate Packages

The concerned department on noticing any non/under performance and/or

irregularities and/or misconduct and/or unethical practice as mentioned
above, shall refer the matter to Convener of the Standing Committee along
with relevant details. The Standing Committee shall analyze the referred case
and if considered appropriate,

the Competent Authority.

In case the Standing Committee recommends waiver of banning of business

dealings with the Agency, the proposal along with reasons thereof shall be
put up for approval of CMD.

All the above proposals shall be routed through Vigilance department.

Besides the Standing Committee, Corporate Vigilance and Screening

Committee (under Contractor Performance Feedback and Evaluation System)
may also be competent to initiate the proposal for banning.

5.3 Show Cause Notice

Once the proposal for issuance of Show Cause Notice is approved by the
Competent Authority, a ‘Show Cause Notice’ duly vetted by legal
department shall be issued by the Competent Authority himself or by a
person authorized for the said purpose to the delinquent Agency. The
Agency shall be asked to submit the reply of Show Cause Notice within 15
days of its issuance. Further, the Agency shall be given an opportunity for
Oral hearing to present its case in person, if it so desires, and the date for
Oral Hearing shall be necessarily indicated in the Show Cause Notice.

In cases where investigation has been carried out by Vigilance Department

or CBI etc., the show cause notice will also be vetted by Vigilance

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 A Maharatna Company

Department before issuance. Statement containing the imputation of

misconduct or misbehavior may be appended to the Show Cause Notice.

The purpose of issuing the Show Cause Notice is only that the Agencies
concerned shall be given an opportunity to explain their stand before any
action is taken. All that is required in such cases is that the grounds on
which action is proposed to be taken shall be disclosed to the Agency
inviting representation and after considering that representation, orders
may be passed. Such orders require only the subjective satisfaction of the
authority that passed the final orders.

If the Agency requests for inspection of any relevant document in

possession of NTPC, necessary facility for inspection of documents may be
provided.

In cases processed by Vigilance deptt, oral hearing shall be conducted by a

separate committee (constituted on case to case basis) comprising
members from C&M and Vigilance deptt. Additional member(s) from any
other deptt/site as considered appropriate may also be co-opted on case to
case basis.

During the conductance of oral hearing, only the regular employees of

Agency will be permitted to represent the Agency and no outsider shall be
allowed to represent the Agency on its behalf.

Reply to the Show Cause Notice given by the Agency and their submissions
in oral hearing, if any, will be processed by the Standing Committee for
obtaining final decision of the Competent Authority in the matter. Further,
reply to the Show Cause Notice given by the Agency and submissions in
oral hearing, if any, with regards to Vigilance cases shall be processed by a
Separate Committee which shall put up its final recommendations to the
Competent Authority in the matter.

In case, no reply to Show Cause Notice is received from the Agency within
stipulated time, action for processing ex-parte against the concerned
Agency shall be initiated

5.4 Speaking Order

The speaking order for banning the business dealing with the Agency shall
be issued (after vetting by legal deptt) by the Competent Authority himself
or by a person authorized for the said purpose. In cases where investigation
has been carried out by Vigilance Department or CBI etc., the speaking
order will also be vetted by Vigilance Department before issuance.

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5.5 Communication to Agencies

The decision regarding banning of business dealings taken after the issue
of a Show Cause Notice and consideration of representation, if any, in reply
thereto, shall be communicated to the Agency concerned along with a
reasoned order. The fact that the representation has been considered shall
invariably be mentioned in the communication. Also the fact that if no reply
was received to the Show Cause Notice shall invariably be indicated in the
final communication to the Agency.

5.6 Period of banning

The period for which the ban would be operative may be mentioned in the
order. The banning shall normally be for a period of three years. However,
in cases processed under provisions of Integrity pact and Contractor
Performance Feedback and Evaluation System, the banning would be
operative for a period as specified therein.

In case the information/documents submitted by Agency in competing for

the tender found to be false/forged then NTPC, without prejudice to any
other rights or remedies it may possess, shall recover from Agency the cost
incurred in carrying out physical assessment for establishing veracity of
such information/documents. In case Agency refuses to reimburse such
cost to NTPC then banning period of Agency shall be extended by another
one year.

5.7 Area of Operation

For contracts awarded by Site/SSC, banning shall be restricted to such

Site/SSC
only except where approval has been obtained for Company wide
banning.

For contracts awarded by Region, banning shall be restricted to such Region

only except where approval has been obtained for Company wide banning.

For contracts awarded by Corporate Centre banning shall apply throughout

the Company.

For Regional/SSC/Site wise banning of any Agency, circular for such

banning shall be issued by respective Regions/SSC/Sites under intimation
to RED and ED (CC&M). However, in case of company wide banning of any
Agency, circular shall be issued by Corporate Contracts

13
 A Maharatna Company

5.8 Effect of Banning

The Agency, after issue of the order of banning of business dealings, would
not be allowed to participate in any future tender enquiry and if the Agency
has already participated in tender process and the price bids are not
opened, his techno-commercial bid will be rejected and price bid will be
returned unopened. However, where the price bids of Agency have been
opened prior to order of banning, bids of Agency shall not be rejected.

5.9 Process of reply

The Agency shall be separately advised of the decision regarding banning

of business, taken in reply to their representation, if any. As regard any
further representation from the Agency, business dealings with whom have
been banned, the same shall be processed by the concerned C&M
department in consultation with Vigilance department, wherever applicable.
If any reply is considered necessary to be sent to the Agency, the same
shall be sent by the concerned C&M Department.

5.10 Hosting at NTPC website

The names of the Agencies with whom Business Dealings have been
banned at Site/SSC/Region/Company level shall be hosted at NTPC website
by CC&M (for company wide banning cases) and respective Sites/ SSC/
Regions (for respective Site/SSC/ Regional cases).

5.11 Appeal against the Decision of the Competent Authority.

The Agency may file an appeal against the order of the Competent Authority
banning of business dealing before Appellate Authority. Such an appeal shall
be preferred within one month from the date of receipt of the order of
banning of business dealing. Appellate Authority would consider the appeal
and pass appropriate order which shall be communicated to the Agency as
well as the Competent Authority.

5.12 Revocation of Orders

a) The banning under ‘Contractor Performance Feedback and Evaluation
System’ shall not be revoked automatically. Such banning shall be revoked
only after re-evaluation of the performance of the Agency by the Screening
Committee as detailed under the `Contractor Performance Feedback and
Evaluation System’.

b) In all other cases, an order for banning passed for a certain specified period
shall be deemed to have been automatically revoked on the expiry of that

14
 A Maharatna Company

specified period and it will not be necessary to issue a specific formal orders
of revocation, except that an order of banning passed on account of
doubtful loyalty or security consideration shall continue to remain in force
until it is specifically revoked.

c) An order of banning for the reasons mentioned at para 5.1 (e) above may
be revoked if, in respect of the same facts, the accused has been wholly
exonerated by a Court of Law.

15
A Maharatna Company

16
 A Maharatna Company

7.0 During the banning/withholding/suspension period, if it is found at any stage

that Agency has participated in tender enquiry under a different name then
such Agency would immediately be debarred from the tender/contract and its
Bid Security/Performance Security would be forfeited. Payment, if any, made
shall also be recovered.

Agency Agency

Agency

Agency then in
such case Agency

17
 A Maharatna Company

Agencies

Agency

For JVs/Subsidiaries of NTPC

18
 A Maharatna Company

Further, Agencies with whom Business Dealings have been banned by

JVs/Subsidiaries shall be hosted at websites of concerned JV/Subsidiary
and NTPC.

19
Annexure-II
 VOLUME - IV
TECHNICAL SPECIFICATION (TS)
 VOLUME-IV
TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED NON-TORREFIED AND
TORRIEFIED BIOMASS PELLETS

S.No Description
1. About NTPC NTPC Ltd. (A Govt. of India Enterprises), a Maharatna Company, is
India’s largest power generation company with its roots planted way
back in 1975 to accelerate power development in India. Since then it
has established itself as the dominant power major with presence in the
entire value chain of the power generation business. From fossil fuels,
it has forayed into generating electricity from hydro and renewable
energy sources. The total installed capacity of the company is 69,134
MW (including JVs). NTPC has an ambitious plan to become 130 GW
plus company by 2032.

2. Introduction From largely coal based generation, NTPC will have a diversified fuel
mix by 2032, with non-fossil fuel based generation capacity making up
more than 30% of NTPC’s portfolio. In this direction, NTPC has led the
way in co-firing agro-residue based Biomass pellets (Biomass Pellets
would mean both Non-torrefied and Torrefied pellets taken together,
unless specified otherwise) with coal for power generation.
Biomass pellets firing in boilers result in net zero CO2 emissions as the
emitted CO2 gets absorbed in next crop cycle by photosynthesis. Thus,
it is a carbon neutral fuel and a renewable source of energy. Even after
considering energy use in agro-residue collection, processing and
transportation, there is significant net CO2 reduction as compared to
coal firing, making it a greener alternative.
This initiative would also address the issue of burning of stubble (i.e.
paddy straw and other agro-residues) in the fields by farmers, while also
generating additional revenue for them.
Stubble burning in fields emits large amount of ash/soot/ unburnt carbon
to the atmosphere which is the real cause of air pollution and elevates
the PM 2.5 and PM 10 level in atmosphere. When agro-residue based
fuel is utilized in coal fired power plants, it undergoes complete
combustion and the resulting ash is also almost completely absorbed in
Electrostatic Precipitator (ESP), preventing air pollution while
generating power.

3. Intent of The intent of technical specification is to outline critical requirements and

Specification parameters for procurement of agro-residue based biomass pellets by
NTPC Plants (Annexure III) for co-firing in pulverized coal fired units.

VOLUME-IV (TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED BIOMASS PELLETS)

Page 1 of 14
4. Scope 4.1 The scope of work under this package shall include supply,
loading, transport and delivery of agro-residue based biomass
pellets at NTPC site.
4.2 Unloading at NTPC site shall be in the scope of NTPC Plants
(Annexure III) provided pellets are loose filled in the carriage
vehicle. Carriage vehicle should be fully covered and waterproof
during transportation to prevent the material from rain, sunlight
and to prevent dusting.
4.3 If supplier supplies the material packed in bags, consignment shall
not be accepted, or supplier shall unload and unpack the material
at his own cost. In such case, any additional cost, including
demurrage, if any, will be borne by the vendor.
4.4 The pellets shall meet the technical specification given clause 8
(Table -1).

5. Supply Duration 5.1 The bidder shall offer to supply Biomass pellets on daily basis for
seven years.
5.2 However, if due to any reason attributed to NTPC or reason
mentioned in the force majeure clause, party is not able to supply
allocated quantity of non torrefied pellets / torrefied pellets to NTPC
as per the schedule, additional three months grace period
corresponding to each one year of supply period shall be provided
to the party. Thus, 21 Months grace period shall be given
corresponding to supply period of seven years. Further, in case
supplies are restricted for more than 03 months in a year due to
reason mentioned in the force majeure clause. Then stations shall
extend grace period by more than 03 months for a corresponding
year. In this grace period bidder shall be able to supply leftover
quantity out of total allocated quantity of material to NTPC. The time
extension may also be allowed in case of extended monsoon, grid
restrictions and extended shutdown.

6. Delivery start date 6.1 In case of award, the supplier shall start delivery of material within
and delivery 270 days from the issue of LOI based on mutually agreed
address schedule.

6.2 The consignment of pellets shall be delivered to following

addresses:
i. Mouda Super Thermal Power Project, Mouda, Maharashtra
ii. Gadarwara Super Thermal Power Project, Gadarwara, Madhya
Pradesh
iii. Khargone Super Thermal Power Project, Khargone, Madhya
Pradesh

VOLUME-IV (TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED BIOMASS PELLETS)

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7. Delivery 7.1 Default delivery schedule shall be the quantity allocated to supplier
Schedule for supply of pellets on TPD (Tons per Day) basis. However, the
contract will have flexibility of revising the default schedule as
elaborated below.
7.2 To meet the annual supply requirement, supplier shall have the
flexibility to supply the material in greater quantity than default
delivery schedule with formal consent of the station.
7.3 Option of supplying higher quantity shall be subject to one week of
advance intimation by the vendor to NTPC site and a formal
consent of the site in this regard.
7.4 NTPC can also give reduced delivery schedule to supplier by
giving one week of formal advance notice and the supplier shall
dispatch the consignment accordingly.
7.5 Formal communication from NTPC would mean communication
through official e-mail ID of engineer-in-charge or e-mail ID of any
other person authorized by him.

VOLUME-IV (TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED BIOMASS PELLETS)

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8 Technical 8.1 The bidder shall quote the price for Torrefied and Non Torrefied pellets
Specification and its GCV separately on as received basis (ARB*). The Torrefied and
of Biomass Non Torrefied pellets shall meet the technical specification as given in
pellets
following table-1 and the Bidder shall submit declaration for the same as
per format enclosed at Annexure-I of this document.
8.2 Any variation in GCV or fines percentage beyond the acceptable limit
specified in technical specification shall be rationalized as per Price and
Quantity Adjustment formula as given in clause-10 and clause-11 of this
volume.
Table: 1 Technical Specification for Torrefied and Non Torrefied Biomass Pellet

S.No Technical data Unit Torrefied*** Pellet Non Torrefied

specification pellet
specification

1 Base material - Agro residue

In case of cylindrical In case of
shape : cylindrical shape :
Diameter : Not more Diameter : Not
than 35 mm more than 25 mm
Shape and
2 Mm Length : Random, not Length : should not
Size**
exceeding 35 mm exceed 35 mm.
For other shapes:
No dimension should
exceed 35 mm.
3 Fines% Wt % fines ≤ 5% [Less than 5% by weight]
(length<3
mm)(ARB*)
4 Gross Calorific kCal/kg to be quoted by the bidder in the price
Value (GCV- bid
ARB*) Acceptable range Acceptable range
3400 Kcal/Kg to 5000 2800 Kcal/Kg to
kcal/Kg 4000 kcal/Kg
[both inclusive]. [both inclusive ]
Moisture
(ARB*) Wt % Not more than 14%
5

*ARB – As Received Basis

**During contract period, diameter of pellets may be revised/modified based

on result of test firing on mutual consent basis without any financial/cost
implication to either NTPC or supplier.

***Torrefaction is a thermochemical treatment of biomass at around 300 °C.

It is carried out under atmospheric pressure and in the absence of oxygen,
During the torrefaction process, the water contained in the biomass as well as
superfluous volatiles are released, and the biopolymers
(cellulose, hemicellulose and lignin) partly decompose, giving off various

VOLUME-IV (TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED BIOMASS PELLETS)

Page 4 of 14
 types of volatiles. The final product is the remaining solid, dry, blackened
material that is referred to as torrefied biomass or bio-coal.
9. Raw Material 9.1 Base material for pellet manufacturing shall be agro residue, which
for pellet means the leftover portion of the agriculture produce, such as
Manufacturing stubble/straw/stalk/husk of those agro residues which are surplus and not
being used as animal fodder, such as paddy, soya, arhar, gwar, cotton,
gram, jawar, bajara, moong, mustard, seasam, til, maize, sunflower, jute,
coffee etc., groundnut shell, coconut shell, castor seed shell etc., pine
needle, elephant grass, sarkanda and horticulture waste such as dry
leaves and trimmings generated during the maintenance and pruning of
trees and plants.
9.2 Agro residue based biomass pellets can be manufactured by single base
material or mixing multiple base materials together.
9.3 Mixing materials such as by product of wood work factory such as wood
chips, saw dust, furniture waste etc., bagasse, press mud, molasses,
bamboo dust or natural additives/binder such as lignin, starch, and animal
dung may also be used with agro residue in limited proportion to
enhance material properties and same shall be explicitly mentioned by
supplier in consignment details.
9.4 Wood obtained from tree cutting shall not be treated as agro residue and
shall be not to be used as base material or mixing purpose whatsoever.
9.5 NTPC shall reserve the right to exclude any mixing material/additive/
binder or modify their proportion, if any adverse technical impact is
observed during operation of the plant.

10. Price Bidder is required to quote GCV value of biomass pellets in Kcal/Kg within
adjustment for the acceptable range as given below in the table.
GCV variation
Torrefied pellets Non-torrefied pellets
Acceptable GCV Between 3400 Kcal/Kg to Between 2800 Kcal/Kg to
range without 5000 kcal/Kg 4000 kcal/Kg
penalty [both inclusive] [both inclusive]

For any variation in the GCV (ARB) from the quoted GCV, the “Adjusted
FOR Price” shall be calculated as per the following formula.

Adjusted FOR Price = (𝑄𝑢𝑜𝑡𝑒𝑑 𝐹𝑂𝑅 𝑝𝑟𝑖𝑐𝑒 ∗ 𝐴𝑐𝑡𝑢𝑎𝑙 𝐺𝐶𝑉 (𝐴𝑅𝐵)) / 𝑄𝑢𝑜𝑡𝑒𝑑 𝐺𝐶𝑉
(𝐴𝑅𝐵)

The payable price shall be as given in the following tables-

Price adjustment on account of as received GCV (ARB) within the

acceptable range and up to maximum limit (4000 Kcal/KG for Non
torrefied pellets and 5000 Kcal/KG for Torrefied pellets as mentioned above)

GCV Range Adjusted Payable price

Within acceptable GCV range Adjusted Payable price shall be
equal to Adjusted FOR Price.

VOLUME-IV (TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED BIOMASS PELLETS)

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 Price adjustment on account of as received GCV (ARB) above the
acceptable range (more than maximum limit)

GCV Range Adjusted Payable price

For GCV >4000 Kcal/Kg [For GCV more Material will be accepted, however
than 4000 Kcal/Kg] for Non Torrefied as received GCV(ARB) shall be
pellets taken as 4000 Kcal/KG for
calculating adjusted FOR price,
Which shall be the adjusted
payable price.

For GCV >5000 Kcal/Kg [For GCV more Material will be accepted, however
than 5000 Kcal/Kg] for Torrefied pellets as received GCV(ARB) shall be
taken as 5000 Kcal/KG for
calculating adjusted FOR price,
Which shall be the adjusted
payable price.

Price adjustment on account of GCV(ARB) below the acceptable range

for Torrefied pellets
GCV Range Adjusted Payable price
For GCV 3400 Kcal/Kg> GCV=>3000 Payable price shall be equal to
Kcal/Kg [For GCV less than 3400
Kcal/Kg AND more than or equal to 3000 (0.75* Adjusted FOR price)
Kcal/Kg]

For GCV 3000 Kcal/Kg>GCV=>2600 Payable price shall be equal to

Kcal/Kg [For GCV less than 3000
Kcal/Kg AND more than or equal to 2600 (0.5* Adjusted FOR price)
Kcal/Kg]

For GCV <2600 Kcal/Kg [For GCV less No payment shall be made for
than 2600 Kcal/Kg] already delivered material

Price adjustment on account of GCV(ARB) below the acceptable range

for Non- Torrefied pellets
GCV Range Adjusted Payable price
For GCV 2800 Kcal/Kg> GCV=>2400 Payable price shall be equal to
Kcal/Kg [For GCV less than 2800
Kcal/Kg AND more than or equal to 2400 (0.75* Adjusted FOR price)
Kcal/Kg]
For GCV 2400 Kcal/Kg> GCV=>2000 Payable price shall be equal to
Kcal/Kg [For GCV less than 2400
Kcal/Kg AND more than or equal to 2000 (0.5* Adjusted FOR price)
Kcal/Kg]

For GCV <2000 Kcal/Kg [For GCV less No payment shall be made for
than 2000 Kcal/Kg] already delivered material

VOLUME-IV (TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED BIOMASS PELLETS)

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 Note: In case, supplier is found to frequently supply the material of GCV
less than the minimum level below which no payment is to be made as
per above methodology or is found to take deviations in other technical
parameters, warning letter shall be issued to supplier.

Further, if material is supplied below this threshold on more than 3 (Three)

instances during the currency of contract even after issuing warning letter,
then Contract shall be liable for cancellation.
11. Recovery On 11.1 Biomass dust, crushed/ broken/ damaged pellets of length less than 3
Account of mm in consignment as received at NTPC site shall be treated as fines,
Excess and there shall be recovery on account of excess fines (ARB) if it is
Fines In
beyond 5%. The recovery on account of excess fines will be worked out
Consignment
as per the following formula.
Recovery = (Adjusted payable price of Biomass pellets) * W * (Actual
Weight % of fines - 5%)
“W” - Weight of consignment as received
However, there shall be no additional payment to vendor if fines are
less than 5%.
The “Recovery” amount shall be recovered from the payment of that
consignment.

12. Rejection of The consignment of biomass pellets arrived at NTPC shall initially be tested
consignment for following before unloading and shall be rejected in case parameter exceeds
the rejection level given in following table-
Table:2
Technical data Unit Rejection level

Moisture (ARB*) Wt % More than 14%

*ARB – As Received Basis

13. Testing Biomass pellets sample shall be tested in the NTPC site lab as per following
standard/ or their equivalent standards -
Method
S.,No Technical data Testing Standard/Method

1. Diameter ISO 17829 or equivalent method

may be referred.

2. Fines% (Length< 3 ISO 18846 or equivalent method

mm) (ARB) may be referred.
3. Gross Calorific Value IS 1350 or equivalent method may
(ARB) be referred.
4. Moisture (ARB) IS 1350 or equivalent method
may be referred/ Hand held
moisture meter may also be
used.

ARB – As Received Basis

VOLUME-IV (TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED BIOMASS PELLETS)

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14. Sampling 14.1 Sampling shall be done by NTPC, preferably in the presence of
and representative of the pellet supplier. The samples shall be collected
analysis at
receiving and prepared as per BIS norms.
end 14.2 The authorized representatives of NTPC and pellet supplier shall
(NTPC site)
jointly witness the process of sample collection and preparation of the
laboratory samples. The representatives shall put their signature on
the sample tags in evidence of the process of sampling. Both-
consumer (NTPC) and pellet supplier - shall also sign on the samples
register maintained by the NTPC at the unloading end.
14.3 For purpose of rejection test, before unloading, samples shall be tested
for moisture by NTPC. If value comes out to be more than rejection
level as given in clause 12 (Table 2), the consignment shall be
rejected, and it shall be the supplier’s responsibility to carry it back at
his own cost.
14.4 For recovery on account of excess fines, NTPC shall arrange for
analysis of fines part of pellets at NTPC site, and if fines percentage
exceeds more than 5%, proportionate recovery shall be done for
excess fine as per clause 11.
14.5 For testing of GCV and other Technical parameters, single sample
shall be prepared for all the consignments received in a day from a
particular vendor. For avoidance of doubt, in case supply is from
multiple vendors in a day, vendor-wise sample shall be prepared for
all the consignment received in a day.
14.6 The final laboratory sample shall be divided into 3 (three) parts.
Part-1 of the sample is for analysis of GCV and moisture by NTPC lab
at site. Part-2 sample is to be handed over to the pellet supplier for its
own analysis. Part- 3 of the sample, called Referee sample, shall be
sealed jointly, and shall be kept with NTPC under proper lock and key
arrangement.
14.7 The Referee sample shall be preserved for a period of 15 days from
the date of sample collection.
14.8 Mere absence of or failure of participation by any representative of
pellet supplier shall not be a ground to negate the sampling process
undertaken.
14.9 NTPC shall communicate the Analysis Results to the pellet supplier
within 7 working days of the sample collection.
14.10 The pellet supplier may raise dispute, if any, within 07 (seven) days of
submission of the result by NTPC.
14.11 In case a dispute is raised within the stipulated time period, the
Referee sample shall be analysed in a NABL accredited laboratory as
notified by NTPC time to time, expense of which shall be borne equally
by both NTPC and pellet supplier. Expense borne on supplier part shall
be adjusted against payment to the supplier. NABL accredited

VOLUME-IV (TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED BIOMASS PELLETS)

Page 8 of 14
 laboratory report of referee sample shall be final and binding on both
the parties.
14.12 Dispute raised after the stipulated time period shall not be entertained.
14.13 As regards rejection parameter as per clause 12, NTPC test shall be
sufficient and binding. Third party testing shall not be applicable for
rejected consignment.

15 Tagging of Each consignment should be accompanied/tagged by general details (such

consignment as name of company/firm/agency, address, date of dispatch, batch number,
vehicle type and number, weight of consignment etc.), and technical details
as per Annexure-II given at the end of this document.
16 Mode of 16.1 Default mode of transport is covered truck with water proofing
transport arrangement; however, the supplier may also offer transport by rail
subject to prior consent of respective plant management.
16.2 Further, bidder shall have flexibility to switch to any mode of transport.
However, the FOR price will remain unchanged.
16.3 The switch shall be subject to availability of material unloading facility at
site and specific prior consent of respective plant management. The
decision of plant management shall be final and binding on the vendor.

17. Progress As per clause 6 of this volume, delivery start date shall be within 270 days of
Report issue of LOI. 270 days are given to the bidder to set up manufacturing facility,
Submission if such facility does not exist at the time of issue of LOI.
During this period, supplier shall submit the monthly progress report to
engineer-in charge regarding progress of setting up of pellet plant project
through e-mail on the format provided by NTPC.
LOA shall be issued when the bidder is ready to start supply of pellets.

18. Bid Evaluation The bid comparison shall be done on Rupees per 1000 Kcal basis. Bid shall
be rejected if the quoted GCV is outside the acceptable range given in
clause 8 of this volume.
19. Price Please refer Clause 30 of Volume-II of Instrcution to Bidders (ITB) for detailed
adjustment calculations and provisions regarding Price Escalation. (please check after
commercial bid doc finalisation)

20 Quantity The permissible limit of deviation over the original quantity of each item will be
Variation (+)20% for Torrefied pellets and (+) 50% for Non Torrefied pellets, on same
rates and terms and conditions on mutual consent basis between vendor and
NTPC station. However, for supply shortfall beyond 30% of the contracted
quantity, LD shall be applicable as per Volume–III, Clause 43 of General
purchase conditions (GPC).

VOLUME-IV (TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED BIOMASS PELLETS)

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SPECIFIC SCOPE OF WORKS & TERMS:
1. Sampling, Weighment and Unloading Point: The site/location for Sampling,
Weighment and Unloading Point will be identified by NTPC station. The trucks shall be
sent for Sampling, Weighment and Unloading after verifying all the documents. For any
extra halt of carriage vehicle for any of these activities, demurrage shall not be payable
by NTPC. Sampling may be done at unloading yard or any other site identified by NTPC
station.
2. Handling of rejected consignment: In case of rejection of consignment as per Clause
12 of this volume, it’s supplier responsibility to carry it back at its own cost as per Clause
14 of Technical Specification.
3. Weighment: NTPC-Station will collect the gross weight and the tare weight of the
carriage vehicle and the net weight will be calculated. Net Weight Quantity of Pellets
received at NTPC power station will be final for the purpose of assessment of executed
quantity and payment. However, if invoiced quantity is lower, payment shall be restricted
to invoiced quantity.
4. Extraneous Material: (For material other than specified in Technical Specification at
Clause 9) Successful Bidder is to ensure that Pellet is free of foreign /extraneous
material, failing which NTPC shall ask Supplier to segregate as well as recover up to
contracted landed price for ten times of weight of the extraneous material or 0.5% of
FOR Biomass Pellet value of particular truck whichever is higher.
5. Raw Materials for pellet Manufacturing: Successful Bidder is to ensure that raw
materials such as Base material and Mixing material are sourced from domestic sources
only as specified in the Clause 9 of Technical Specification: Raw Materials for pellet
Manufacturing.
6. Sampling methodology: The biomass sample should be representative sample of
the truck/ consignment. Methodology for collecting a representative sample is
elaborated in the following paragraphs. For the purpose of rejection test before
clearance for unloading, each truck/consignment shall be tested for moisture by
NTPC. For testing of GCV and other Technical parameters, single composite
sample shall be prepared for all the consignments received in a day from a
particular vendor. For avoidance of doubt, in case supply is from multiple vendors in
a day, vendor-wise sample shall be prepared for all the consignment received in a
day.
6.1. Truck/wagon sample: The sample quantity of approximately 30 Kg is to be
collected from each truck/consignment from 4-5 randomly selected spots on the
truck top after removing biomass pellet layer of approximately 25-30 cm depth
from the top. Approximately 5-6 kg of sample is to be collected from each spot.
6.2. Spot selection: Five spots are selected for sampling of biomass pallet as
shown in figure below. Any one spot selection option will be decided by NTPC
sampling staff after viewing the biomass loading pattern. Spot selection is not in
vendor’s scope.

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 7. Sample preparation for testing: For the purpose of rejection test before clearance for
unloading, each truck/consignment shall be tested for moisture by NTPC. For testing of
GCV and other Technical parameters, single composite sample shall be prepared for all
the consignments received in a day from a particular vendor.
7.1. For testing of moisture for rejection test for unloading clearance: After
collection of samples from the truck as stated above at para 6, thoroughly mix
the pellet samples and collect approximately 1 Kg of representative sample for
carrying out rejection test as per Clause 14.
7.2. For testing of GCV and other technical parameters: Do the conning and
quartering of the rest of the sample, till the sample quantity is reduced to 4-5 Kg
as explained below:

Example

Suppose one collects 30 Kg sample from One truck and total no of trucks
received in a day from a particular vendor is ‘N’ then the total pellet sample
collected will be around ‘30N’ Kg. ‘N’ can be 1,2,3 …or so on.

Prepare a cone (heap) of ‘30N’ Kg and divide the cone from top to bottom and
remove the half portion (left or right). Further, prepare the cone for remaining ‘15N’
Kg of pellet and divide the heap and remove the pellet of side opposite to the side of
previous removal. Now, the balance available qty of pellet is ‘7.5N’ Kg and continue
this process till the pellet sample is reduced to ‘4-5’ Kg. The final laboratory sample
shall be distributed as per Clause 14.6 for determination of GCV and other technical
parameters.

VOLUME-IV (TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED BIOMASS PELLETS)

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 Annexure-I
Declaration by Bidder

(To be submitted on Companies letter head along with technical bid)

We, the undersigned, have read the technical specifications for agro residue based
biomass pellets, volume- IV and declare the following:
(a) We have read and completely understood the technical specification document and have
no reservations to it including amendments/clarifications.
(b) We have quoted the GCV and price in price bid for the agro residue based Torrefied and
Non-Torrefied biomass pellets having technical specification as follows:
S.,No Technical data Unit Specified Value range Specified Value range
Torrefied pellets Non Torrefied pellets

1 Base material - Agro residue Agro residue

In case of cylindrical shape : In case of cylindrical shape :
Diameter : Not more than 35 Diameter : Not more than 25
mm mm
Length : Random, not Length : should not exceed
2 Shape and Size** mm
exceeding 35 mm 35 mm.
For other shapes:
No dimension should exceed
35 mm.
3 Fines% (length<3 Wt % fines ≤ 5% fines ≤ 5%
mm)(ARB*)
4 Gross Calorific Kcal/Kg To be quoted by the bidder in To be quoted by the bidder
Value (ARB*) the price bid. in the price bid.
(Between 3400 Kcal/Kg to (Between 2800 Kcal/Kg to
5000 kcal/Kg [both inclusive]) 4000 kcal/Kg [both
inclusive])
5 Moisture(ARB*) Wt % Not more than 14%

(c) We understand that quantity and price adjustment shall be made for supplying the
material deviating from acceptable range given in the technical specification as per clause
10 and 11 of technical specification (Volume-IV).
(d) We understand that consignment not meeting acceptance limits of parameters as per
clause 12 of technical specification (Volume-IV) shall be rejected.
(e) We understand that if the quoted GCV is outside the acceptable range that is (Between
3400 Kcal/Kg to 5000 kcal/Kg [both inclusive] for Torrefied pellets and Between 2800
Kcal/Kg to 4000 kcal/Kg [both inclusive] for Non Torrefied pellets, the bid shall be
rejected.
(f) We understand that liquidated damage (LD) shall be recovered for supply shortfall as per
tender conditions.
(g) We declare that we have read the bid document and have no reservation to it and shall
abide by its provisions.
Name/ Designation: Name of Company/firm/agency

Signature: Date: Place

VOLUME-IV (TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED BIOMASS PELLETS)
Page 12 of 14
 Annexure-II
Tag for Consignment
(To be tagged along with each consignment on Agency’s letter head)

General Details
1. Name of company/ Firm /Agency
-
2. Address of manufacturing location
-
3. Date of dispatch
-
4. Batch number
-
5. Carriage Vehicle type/ Number
-
6. Weight Kg Gross weight
Tare weight
Material weight

7. (any other details as applicable )

8. (any other details as applicable )

Technical Details
Dimension of torrefied pellet (in mm)
• Maximum Diameter (in mm)
1 • Maximum length (in mm)
Further, certify that “No dimension
exceeds 35 mm”

Name of base materials and its

2
percentage

3 Mixing material and its percentage

4 Additive and percentage

Name/ Designation:

Signature: Date :
Place:

VOLUME-IV (TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED BIOMASS PELLETS)

Page 13 of 14
 Annexure-III

List of Power Plants and Maximum pellet requirement

Plant QTY in TPD QTY in MT QTY in TPD QTY in MT

Torrefied pellets Non Torrefied pellets

Mouda Super Thermal

Power Project 910 23,25,050 910 23,25,050
Gadarwara Super
Thermal Power Project 570 14,56,350 570 14,56,350
Khargone Super
Thermal Power Project 360 9,19,800 360 9,19,800
Total 1840 47,01,200 1840 47,01,200

VOLUME-IV (TECHNICAL SPECIFICATIONS FOR AGRO RESIDUE BASED BIOMASS PELLETS)

Page 14 of 14
 VOLUME– V
ANNEXURES AND FORMS & FORMATS
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

LIST OF ATTACHMENTS & ANNEXURES AND FORMS & FORMATS

S. No ATTACHMENTS & Description

ANNEXURES

1. Annexure T Techno-commercial Bid Form

2. Attachment 1 Bid Security Declaration Form

3. Attachment 2 Power of Attorney

4. Attachment-3 Bidder details

5. Attachment-4 Declaration regarding Ownership/Partnership cum submission of

single financial bid and no common controlling shareholders or
ownership or cross holding directly and/or indirectly in any
manner whatsoever with any other participating bidder in the
same station and the details of Foreign Principals of Indian
Bidders

6. Attachment-5 Form of Consortium agreement

7. Attachment- 6 Declaration of Number of Plants Bidder is interested to participate

and Under taking for availing Benefits as “Punjab, Haryana and
NCR bidders

8. Attachment 7 Allocation Criteria

Annexure 7A Bidder’s turnover data for last 5 financial years

Annexure 7B Certificate by Chartered Accountant on Letter Head for bidders’

manufacturing capacity and existing commitment

Annexure7C Financial Tie ups with Banks/Financial Institutions of Bidders

9. Attachment- 8 Declaration of past orders

10. Attachment-9 Undertaking to be given by MSE Bidder for Availing Benefits

11. Attachment-10 Technical Data Sheets

12. Attachment 11 Additional Information

13. Attachment 12 EFT Form

Check List of documents to be submitted for Techno-Commercial
14. Attachment-13
Bid
Price Bid Form
15. Annexure P
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

B Forms & Formats

1 Annexure- F1 Bank Guarantee Extension

2 Annexure- F2 Format of Performance Security

3 Annexure- F3 Bank Guarantee Verification checklist

4 Annexure- F4 List of Banks for Performance Security/Advances

5 Annexure- F5 No Deviation Certificate -through GTE of e-tendering portal

6 Annexure- F6 Compliance on Qualifying Requirements -through GTE of e-

tendering portal
Annexure- F7
7 Acceptance of Fraud Prevention Policy of NTPC -through GTE of
e-tendering portal

8 Annexure- F8 Format for Declaration on Policy for withholding and Banning of

Business Dealings-through GTE of e-tendering portal

9 Annexure- F9 Proforma of Certificate from the CEO/CFO of the company in

accordance with Financial requirement criteria in cases where
audited results for the last financial year as on the date of
Techno-commercial bid opening are not available

10 Annexure- F10 Integrity Pact through GTE of e-tendering portal

 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure-T
Page 1 of 6
TECHNO-COMMERCIAL BID SUBMISSION FORM

Bid Ref No. and Date :

Bidder's Name and Address :

To,
NTPC Limited,
6th Floor, Engineering Office Complex,
Plot No. A-8A, Sector 24, NOIDA ,
Gautam Budh Nagar, 201301, U.P
India.

Sub: Invitation for Bid for “ Procurement of Biomass Pellets on FOR Power Station basis for
NTPC Mouda, Gadarwara and Khargone Power Plants”; Bidding Documents No. CS-
0011-112H-9

Dear Sirs,

1.0 Having examined the Bidding Documents including subsequent Amendment(s)/

Clarification(s)/ Addenda/ Errata (if any), the receipt of which is hereby acknowledged, we,
the undersigned, offer to execute the supply of biomass pellets under the above-named
Package in full conformity with the said Bidding Documents and hereby furnish our Techno-
Commercial Bid Proposal.

We have thoroughly examined and understood the instructions, Scope of work and the terms
and conditions etc. covered in the bidding documents issued by NTPC Limited being fully
aware of nature and Scope of Work required.

We hereby confirm our acceptance and compliance to the entire provisions of Technical
specifications, Scope of Work, and terms and conditions covered in the bidding documents.
We declare that the work will be executed strictly in accordance with the requirement and
bidding documents provisions.

1.1 We confirm that we have declared the NTPC stations for which we are intending to quote for
biomass pellets in the format Attachment 6. We confirm that we have furnished all the
requisite information/documents in relevance to our quoted NTPC power stations. Further,
we confirm that the we have furnished the price bids along with price schedule(s) for these
plants only. We understood that the price bids for those NTPC power stations shall be
considered by NTPC for which we are considered to be qualified and techno-commercial bid
as acceptable.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure-T
Page 2 of 6

2.0 COMPLIANCE TO THE PROVISIONS OF THE BIDDING DOCUMENTS

2.1 We have read all the provisions of the Bidding Documents including “Restrictions on
procurement from a Bidder of a country which shares a land border with India”
and confirm that notwithstanding anything stated elsewhere in our bid to the contrary,
the provisions of the Bidding Documents, are acceptable to us and we further confirm
that we have not taken any deviation to the provisions of the Bidding Documents
anywhere in our bid.

Any deviation, variation or additional condition etc. or any mention, contrary to the
provisions of Bidding Documents and its subsequent Amendment(s)/
Clarification(s)/Addenda/Errata (if any) found anywhere in our bid proposal, implicit or
explicit shall stand unconditionally withdrawn, without any cost implication whatsoever
to the Employer, failing which our bid security shall be forfeited.

2.2 We further declare that additional conditions, variations, deviations, if any, found
anywhere in the proposal, shall not be given effect to.

2.3 We confirm that we fulfill the requirements of Local content for Class-I local supplier.
The details of the location(s) at which the local value has been added are as under:

Sl. Description of Goods & Services Details of the location(s) at which

No. the local value addition is made
( Bidders to fill the details) ( Bidders to fill the details)

We confirm that we fulfill the requirements of Local content for Class-I local
supplier for Item(s) mentioned at Annexure-V in Technical Specifications, as
applicable. We further confirm that in case such item(s) are bought-out for us,
we shall source the same from Class-I local supplier only.

We undertake that a certificate from the statutory auditor or cost auditor (in the case
the bidder is a company) or from a practicing cost accountant or practicing
chartered accountant (in respect of bidders other than companies) certifying the
percentage of local content shall be submitted by us prior to submission of our last
bill for payment.

2.4 #We further confirm that we are presently not debarred / banned by any other
procuring entity for violation of ‘Public Procurement (Preference to Make in
India), Order 2017’ (PPP-MII Order) dated 15.06.2017 and its subsequent
revisions / amendments issued by Department for Promotion of Industry and
Internal trade (DPIIT).”
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure-T
Page 3 of 6

#In case a Bidder has been banned/debarred by any other procuring entity for
violation of ‘Public Procurement (Preference to Make In India), Order 2017’
(PPP- MII Order) dated 15.06.2017 and its subsequent revisions / amendments
issued by Department of Industrial Policy and Promotion (DIPP), the same may
be declared by Bidder by striking off para above and declaring the details of
banning using additional sheets.

Bidder may also enclose additional sheets in similar format (if required), for
providing details pertaining.

2.5 We have read the ITB clause regarding “Restrictions on procurement from a bidder
of a country which shares a land border with India and on sub-contracting to
contractors from such countries”. We certify that we/our Collaborator/JV
Partner/Consortium member/Assignee are/is not from such a country or, if from such a
country, have/has been registered with the Competent Authority and we will not sub-
contract any work to a contractor from such countries unless such contractor is
registered with the Competent Authority. We hereby certify that we fulfill all requirements
in this regard and are eligible to be considered.
3

3.0 Attachments to the Bid form (Techno-Commercial Bid):

3.1 In line with the requirement of the Bidding Documents, we hereby confirm that we have
submitted the following documents as specified in Bidding documents, in digital form in
“Fee Cover”:

a) Attachment 1: Bid Security Declaration Form

b) Attachment 2: Power of Attorney furnished in accordance with ITB Clause 3.3

3.2 We have submitted the Unconditional Techno-Commercial Bid Submission Form duly
completed together with the following attachments in Pre-Qual/Technical Cover/Envelope:

a) Unconditional Techno-Commercial Bid Submission Form

b) Attachment-3: Bidder details as per Employer format along with required documents as
mentioned therewith.

c) Attachment-4: Declaration regarding Ownership/Partnership cum submission of single

bid and no holdings with any other bidder and Details of Foreign Principals of Indian
Bidders (if applicable).

d) Attachment-5 (in Bidder’s format): Consortium agreement (if applicable) entered into by
the consortium partners shall be submitted with the bid.

e) Attachment- 6: Declaration of Number of Plants Bidder is interested to participate, as

per Employer’s format.

f) Attachment 7: Allocation Criteria

Documents in accordance with Clause ITB clause 1.5 seeking Quantity allocation as per
Bidding Documents provision
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure-T
Page 4 of 6

‐ Attachment 7A: Bidder’s turnover data for last 5 financial years as per Employer’s
format along with supporting documents

‐ Attachment 7B: Financial Tie ups with Banks/Financial Institutions of Bidders as

per Employer’s format along with supporting documents

‐ Attachment 7C: Certificate by Chartered Accountant on Letter Head for bidders’

manufacturing capacity and existing commitment as per Employer’s format

Any other document, bidder feels is important to establish the allocation and fulfill the
tender requirements.

g) Declaration of Past orders and quantity supplied as per Employer’s format.

h) Attachment-9: Undertaking to be given by MSE Bidder for Availing Benefits [as

applicable] as per format ANNEXURE- Alloc-A-3

i) Attachment-9A: Certificate by Chartered Accountant on Letter Head for availing MSE

benefits/ Purchase preference.

j) Attachment-10: Under taking for availing Benefits as “Punjab, Haryana and NCR
bidders” [as applicable] as per format Annexure-Alloc- A-2

k) Attachment-11: Technical Data Sheets

Technical Data Sheets duly filled in as per the Employer's format, enclosed as Annex-I to
Technical Specifications.

l) Attachment-12: Confirmation for Details regarding Price Adjustment as per Employer's

format

m) Attachment 13: Additional Information

Additional Information which the bidder wishes to provide in their bid

n) Attachment 14: EFT Form

Electronic Fund Transfer Form duly filled in as per Employer's format

o) Attachment-15: Check List of documents to be submitted for Techno-Commercial Bid

We confirm that our Techno-Commercial Bid should not contain any price content
entry. Further we understand that in case, our Techno-Commercial Bid is found to
contain any price content, our bid shall be liable for rejection by NTPC.

3.0 We further confirm the following:

We have quoted for the entire quantity as mentioned in the Price schedule of Bidding
Document and also quoted the prices for those plants covered in the package for which we
are intended to offer biomass pellets as specified at Attachment 6, as per provisions of the
bidding documents.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure-T
Page 5 of 6

4.0 We certify compliance to complete bid documents by accepting the following General
Technical Evaluation(GTE) at NTPC e-tender portal https://eprocurentpc.nic.in:

1. Do you accept Withholding & Banning of Business Dealing Policy?

2. Do you accept the Fraud Prevention Policy of NTPC ?
3. Do you certify full compliance to all provisions of Bid documents?”

4. Do you accept Bid Security Declaration ?

5. Do you certify full compliance on Qualifying Requirements ?

6. Do you certify full compliance on clause as per tender documents On Restrictions

on procurement from a Bidder of a country which shares a land border with India
?
7. Confirm that you are a LOCAL SUPPLIER, and the LOCAL CONTENT included in
SCOPE OF SUPPLY FOR ALL QUOTED ITEMS (Item-wise Evaluation) OR
COMPLETE SCOPE OF SUPPLY (Package-wise Evaluation) meets the
MINIMUM LOCAL CONTENT requirements of the Tender ?
8. Do you Commit to all the provisions of the Integrity Pact ?

4.1 We further declare that additional conditions, variations, deviations, if any, found in the bid,
shall not be given effect to.

4.2 We undertake, if our bid is accepted, to commence work on supply of biomass pelletes
immediately upon your Letter of Award to us and to achieve the requirements specified in the
bidding documents.

5.0 We undertake, if our bid is accepted, to provide Bank Guarantees towards Contract
Performance Security etc. as per stipulated formats and amounts and within the time
specified in the bidding documents.

6.0 We agree to abide by this bid for a period of 180 days from the date of opening of Techno-
Commercial bids, as stipulated in the Bidding Documents; and it shall remain binding upon
us and may be accepted by NTPC at any time before expiration of that period.

8.0 We understand that NTPC is not bound to accept the lowest or any other bid, NTPC may
receive.

9.0 We, hereby, declare that only the persons or firms interested in this proposal as principals
are named here and that no other persons or firms other than those mentioned herein have
any interest in this proposal or in the Contract to be entered into, if the award is made on us,
that this proposal is made without any connection with any other person, firm or party
likewise submitting a proposal, is in all respects for and in good faith, without collusion or
fraud.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure-T
Page 6 of 6

Dated this...........................day of..........................20...................

Thanking you, we remain,

Yours faithfully,

Date :

Place : (authorised signatory Name).

(Designation)

Business Address :

Country of Incorporation (Province also to be indicated) :

Email :

Phone No. :
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Attachment-1
Page 1 of 1

Bid Security Declaration Form

To

NTPC Limited, Contract Services

6th Floor, Engg. Office Complex,
Plot A-8A, Sector-24,
Noida - 201301 Dear Sirs,
In accordance with Invitation for Bids under your Bid Document No CS-0011-
112H-9, We, M/s...............................[Bidder’s Name]................................. having our
Registered/ Head Office at
............................................................. (hereinafter called the 'Bidder') wish to participate in the said
tender for Procurement of Biomass Pellets on FOR Power Station basis for NTPC Mouda,
Gadarwara and Khargone Power Plants (Lot 2); BID DOCUMENT NO.: CS-0011-112H-9

We confirm that we have read the provisions of the bidding document no. CS-0011-112H-9 and we
hereby declare the following:

1. We confirm that, in case we withdraw our offer within the validity period of the offer provided
in the bidding documents or any extension thereof, then we shall be treated as ineligible for
participation in the future tenders issued from NTPC for a period of 06 months from the date
of withdrawal of the bid.

2. In addition, we also confirm that in case after having been issued the Notification of
Award/Purchase Order of a package, we either do not accept the Notification of
Award/Purchase Order or do not sign the Contract or do not submit an acceptable
Performance Security as per bidding documents provision, and which result in tender being
annulled then we shall be treated ineligible for participation in re-tendering of this particular
package and contractual action may be taken against us as per the provisions of the Bidding
documents. Further, NTPC shall also be free to take further actions as per the provisions of
the policy for Withholding and Banning of Business Dealings.

Date: Signature

Place: Name of the Authorized person

NOTE :

(i) Bidder may note that in case they do not submit the aforesaid declaration or no
confirmation is indicated by them or statement/any declaration like ‘later’, ‘to be
furnished later’, ‘NA’ etc. are indicated against the declaration, then the bid shall
be rejected by EMPLOYER as being non-responsive and shall not be opened.

(ii) This Attachment is part of Bidding document no CS-0011-112H-9 .

 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Attachment-2
Page 1 of 1

POWER OF ATTORNEY

BIDDER TO ATTACH THE POWER OF ATTORNEY AND COPY OF BOARD RESOLUTION/

OTHER RELEVANT DOCUMENTS TO DEMONSTRATE THE AUTHORITY OF THE PERSON
ISSUING THE POWER OF ATTORNEY IN ACCORDANCE WITH ITB CLAUSE 3.3
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Attachment-3
Page 1 of 1

Bidder’s detail (to be submitted by the bidder)

Bidder should fill-in the following information and upload the same in the
offer)

Bid Ref. No: CS-0011-112H-9 DATED:

Bidder's Name & Address: To

NTPC Limited,
Contract Services
6th Floor, Engg. Office
Complex, Plot A-8A,
Sector-24, Noida –
201301

Bidder’s detail (to be submitted by the bidder)

Bidder should fill-in the following information and upload

the same in the offer

Name of the Company

Type of Company
(Proprietary/ Partnership/Company/
Consortium / Cooperative Societies
registered in India AND / OR Non-
Resident Indians / Persons of Indian
Origin AND / OR a Multi-National
Company having its registered office
in India registered / Overseas
Corporate Bodies having its
registered office in India.)

Udyog Aadhaar Registration

Certificate No. & date (Validity)
(Applicable for MSE bidders)

GSTIN No

Address of the Manufacturing Plant

from which supplies shall be made in
case of Award for …………..(Name of
Plant)
NIT / BID No

HSN Code of the materials /

Place of Dispatch
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

CONTACT PERSONS /ADDRESS

Telephone

Fax

E mail ID
Name and Address of
Supplying and Invoicing
vendor along with NTPC
vendor code, if known to the
bidder.

Documents Required
Individual applicant to attach following documents
1. ADHAR CARD, PASSPORT, PAN CARD AS PROOF OF AGE FOR MEETING
QUALIFICATION REQUIREMENT
2. Supporting Document for Type of Company as mentioned in sl no. 2 of this
attachment
3. Copy of Udyog Aadhar Registration Certificate (Applicable for MSE bidders) as
mentioned in sl no. 3 of this attachment
4. GST Registration Certificate
Bidder shall submit valid GST registration certificate. Bidder is required to upload scanned
copy of Attachment-14 along with the bid on the GePNIC portal.

Bidder has to submit documentary evidence regarding their GST registration. However, in
case bidder is not able to submit valid GST registration along with the Bid then the Bidder
shall submit GST registration within 180 days of placement of Award or before the date of
commencement of supplies, whichever is earlier.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Attachment-4
Page 1 of 2

(Declaration regarding Ownership/Partnership cum submission of single financial bid and

no common controlling shareholders or ownership or cross holding directly and/or
indirectly in any manner whatsoever with any other participating bidder in the same station
and the details of Foreign Principals of Indian Bidders)

Bidder's Name and Address : To

Contract Services,
NTPC Limited, 6th Floor,
Engg. Office Complex,
Plot A-8A,Sector-24,
Noida-201301

Dear Sirs,

1. We have not submitted bid in conjunction with any other bidder or have not submitted
bid in any other name, either directly or indirectly.

2. We hereby declare details of Directors/ Shareholders of Company’s/Partnership Firm/

Proprietorship Firm/ Consortium/ JV as under:

S.No Name of Director / Partner / Proprietor /Consortium Partner etc

1
2
3
4
5
6

If it is found at any stage of bidding or during currency of the Contract (if awarded), that we have
any common controlling shareholders or ownership, directly or indirectly, with any other

participating bidder(s), for a particular project, then our Bid or Contract (if awarded) shall be
rejected / terminated.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Attachment-4
Page 2 of 2

Details of Foreign Principals of Indian Bidders (if applicable)

We hereby declare the details of our foreign principals or associates as below:

S.No Name of foreign principals or Address

associates
1
2
3
4
5
6

3. We fully understand that NTPC would deal directly and exclusively with us for the subject

tender and no agency arrangements are acceptable to NTPC.

4. We, hereby, undertake that we shall deal directly with NTPC and have not engaged any

Agent to deal with NTPC for the subject tender.

Date: Signature) .................................................. .

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

Place: (Designation) ...............................................

(Seal) ............................................
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Attachment-5
Page 1 of 4

(On Non-Judicial Stamp Paper of Appropriate Value)

FORM OF CONSORTIUM AGREEMENT
BETWEEN
M/S............................................

AND
M/S............................................

AND

M/S............................................ (STRIKE OFF IF NOT APPLICABLE)

FOR SUCCESSFUL PERFORMANCE OF THE CONTRACT FOR
[PACKAGE NAME]

BIDDING DOCUMENT NO. [………..]

THIS Consortium Agreement (Agreement) executed on this....................... day of ..................

Two thousand ........................... between M/s......................................................................... a
Company incorporated under the law of ...................................... and having its Registered
Office at ......................................... (hereinafter called the "Partner-1," which expression shall
include its successors, executors and permitted assigns) and M/s
..................................................................... a company incorporated under the laws of
.............................................and having its Registered Office at ..............................
........................................ (hereinafter called the "Partner-2", which expression shall include its
successors, administrators, executors and permitted assigns) and M/s
..................................................................... a company incorporated under the laws of
.............................................and having its Registered Office at ..............................
........................................ (hereinafter called the "Partner-3", which expression shall include its
successors, administrators, executors and permitted assigns) (STRIKE OFF IF NOT
APPLICABLE) for the purpose of making a bid and entering into the Contract (in case of award)
against Bidding Document No[………………………………..]for ‘[Name of the PACKAGE]’ of
NTPC Limited, a Government Company incorporated under the Company Act, 1956, and having
its Registered Office at NTPC Bhawan, Scope Complex, 7, Institutional Area, Lodhi Road, New
Delhi-110003, INDIA (hereinafter called the "Owner").
Partner 1, 2 & 3 are collectively referred to as “The Parties/Consortium” and each is
individually referred to as “Party”.

WHEREAS, the Owner invited Bids for ‘[Name of the PACKAGE]’ vide its Bidding Document
No. [………..]’ The Parties are interested in jointly bidding for the Contract as members of a
Consortium and in accordance with the terms and conditions of the tender bidding documents
in respect of the Contract.

AND WHEREAS ITB Clause No 1.4 of Bidding Documents stipulates that the bidder can be a
Consortium of Domestic partners. The Consortium shall also necessarily identify one of the
partners as Lead Partner. Further it stipulates that in this case, the bidder shall provide along
with the bid, a Consortium Agreement in which the partners in the Consortium are jointly and
severally liable to the Owner to perform all contractual obligations. The Consortium
Agreement shall be submitted along with the bid, failing which the Bid liable for rejection.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Attachment-5
Page 2 of 4

AND WHEREAS M/S……………………………( Partner-1) has been designated as Lead

partner of Consortium.

AND WHEREAS the bid has been submitted to the Owner vide proposal
no…………………………..dated ……………….. based on Consortium Agreement being these
presents and the bid in accordance with requirement of Bidding Documents have been signed
jointly by all the partners and submitted to NTPC/Owner.

NOW THEREFORE, THIS AGREEMENT WITNESS AS UNDER:

In this agreement, capitalized terms shall, unless context otherwise requires, have the
meaning prescribed thereto under the bidding documents.

1. That in consideration of the Award of the Contract by the Owner to the Consortium, we
the partners to the Consortium Agreement do hereby agree that Partner-1
(M/s...........................................................), shall act as the Lead Partner for self and
formed on behalf of Partner-2 and partner-3 (strike off if not applicable), and further
declare and confirm that we shall be jointly and severally be bound unto the Owner for
the successful performance of the contract in accordance with the Contract Terms and
shall be jointly and severally liable to the Owner to perform all the Technical and
Contractual obligations. Further, the Lead Partner is authorised to incur liabilities and
receive instructions for and on behalf of any and all partners of the Consortium and the
entire execution of the Contract shall be done exclusively with the Lead Partner.

1.1 In case of any breach of the said Contract by any of the partner(s) of the Consortium
Agreement, the other partner(s) hereby agree to be fully liable and responsible for the
successful performance of the Contract in accordance with the terms of the Contract.

2. Notwithstanding anything contained herein, the other partners do hereby undertake,

declare and confirm that we shall be fully responsible for the successful performance
of the Contract and undertake to carry out all the obligations and responsibilities under
this Consortium Agreement in order to discharge the obligations and responsibilities
stipulated in the contract. Further, if the Owner sustains any loss or damage on account
of any breach of the contract, we the Consortium partners jointly and severally
undertake to promptly indemnify, and pay such loss/damages, caused to the Owner on
its written demand without any demur, reservation, contest or protest in any manner
whatsoever. This is without prejudice to any rights of the Owner against the Lead
Partner under the contract and / or guarantees. It shall not be necessary or obligatory
for the Owner to proceed against the Partner-1 to these presents before proceeding
against the Partner-2 and Partner-3., if any.
We also confirm that any extension of time or relaxation given by the Owner to us shall
not prejudice any rights of the Owner under this Consortium Agreement to proceed
against us.

3. The financial liability of the partners of the Consortium Agreement, to the Owner with
respect to any and all claims arising out of the performance or non- performance of the
Contract shall, however, be not limited in any way so as to restrict or limit the liabilities
of any of the partner.

4. In case of an award of Contract we the partners to the Consortium Agreement do

hereby agree that we shall furnish the Contract Performance Guarantee within
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Attachment-5
Page 3 of 4

days of Award of Contract, from a Bank in favour of Owner for a value as stipulated
under the Contract and this shall be in the name of all partners of the Consortium.

5. It is expressly understood and agreed between the partners to this Agreement that the
responsibilities and obligations of each of the partners shall be delineated in
Appendix-1 to this Agreement. It is further agreed by the partners that the
abovesharing of responsibility and obligations shall not in any way be a limitation of joint
and several responsibilities of the partners under the Contract.

6. We, the Consortium partners agree and undertake that this Agreement shall be
irrevocable and shall form an integral part of the Contract. We further agree that this
Agreement shall continue to be enforceable till the successful performance of Contract
and till the Employer discharges it. We further, agree that this Agreement shall be
without any prejudice to the various liabilities of the Consortium partners as well as
other obligations of Consortium partners in terms of the Contract.

7. The Parties hereby undertakes to participate in the bidding process for each project(s)
of the subject tender only through the Consortium and not individually and/or through
any other Consortium constituted for this Contract, either directly or indirectly or
through any of their associates.

8. This agreement is legal and binding obligation of each party, enforceable in

accordance with its terms against it. There is no litigation pending, or to the best of
party’s knowledge, threatened to which it or any of its affiliate is a party that presently
affect or which would have a material adverse effect on the financial condition or
business of such party in fulfilment of its obligations under this agreement.

9. The parties herein undertake to take all necessary measures in order to avoid any
conflict of interest during the performance of the contract.

10. All Consortium partners of this agreement shall fully indemnify, hold harmless and
defend Owner and its officers etc., from and against all claims, liabilities, suits,
damages including any criminal liability due to false declaration by the Consortium with
regards to this Agreement, tender or Contract etc., cause due to
negligence/commission/omission of any or all of the consortium partners , its
employees and agents including representative or sub-contractor or any other person
claiming under this Contract.

11. The Consortium partners shall be jointly and severally - responsible for the quality of
all the works and timely execution thereof to meet the completion schedule under the
Contract.

12. This agreement shall be construed and interpreted in accordance with the Laws of
India and the Courts of Delhi shall have exclusive jurisdiction.

13. That this Agreement shall be operative from effective date of the Contract.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Attachment-5
Page 4 of 4

IN WITNESS WHEREOF, the Consortium partners through their authorised

representatives executed these present and affixed common seal company on the day,
month and year first mentioned above.

Witness: (Consortium Partner-1)

1 Name..................................... .................................................................

Signature.............................. (Signature of the authorized representative)

Designation..........................

Name............................... Company.......................
Company.......................

Witness: (Consortium Partner-2)

1. Name..................................... .................................................................

Signature.............................. (Signature of the authorized representative)

Designation..........................

Name............................... Company.......................
Designation...........................

(STRIKE OFF THE PORTION BELOW IF THERE ARE ONLY TWO PARTNERS IN THE
CONSORTIUM)

For M/s .........................................................

Witness: (Consortium Partner-3)

1. Name..................................... .................................................................

Signature.............................. (Signature of the authorized representative)

Designation..........................

Name............................... Company.......................
Designation...........................
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Attachment-6
Page 1 of 2

DECLARATION OF NUMBER OF PLANTS BIDDER IS INTERESTED TO PARTICIPATE

CUM AVAILING

Bid Ref. No: CS-0011-112H-9 DATED:

Bidder's Name and Address: To

NTPC Limited, Contract Services

6th Floor, Engg. Office Complex,
Plot A-8A, Sector-24, Noida-
201301

Dear Sirs,

I. Projects intended for supply of the biomass pellets

1. In terms of ITB Clause 1.1, We declare that we are interested in participating for
the following Projects for Non-Torrefied/ Torrefied Biomass Pellets Procurement
Package for various Plants of NTPC as mentioned in column A & column B of below
mentioned table

Sl. Name of Project interested in Indicate YES/NO for Indicate YES/NO if

No participating. supply of biomass pellets procuring biomass pellets
. as per type from Punjab, Haryana, NCR
as per type
Torrefied Non Torrefied Non
(A) Torrefied (C) Torrefied
(B) (D)
1. Mouda

2. Gadarwara

3. Khargone

2. We understand that we shall be considered for award subject to a limitation of orders

(quantity) as specified in the clause 27.0 of itb and other provisions of bidding
document
3. We understand that the above declaration regarding the Projects we are interested in
participating cannot be changed at any stage of bidding and shall be binding on us and
we shall not raise any disputes/claims in this regard at any stage.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Attachment-6
Page 2 of 2

II. AVAILING BENEFITS AS PUNJAB, HARYANA AND NCR BIDDERS (If applicable)

1. To avail the benefit of Punjab/Haryana/NCR State as per bidding documents, Bidder

must indicate Yes/No in the designated column C & column D in the above
mentioned table, failing which their bid will be considered for evaluation under
Unreserved quantity only.

2. In case bidder intents to be considered under Punjab, Haryana and NCR quota, it
may be noted that action may be taken as per the terms of contract, if it is found
during the execution that the raw material is not sourced from Punjab / Haryana /
NCR .

Date: (Signature) ...................................................

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

Place: (Designation) ...............................................

(Seal) ............................................
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Attachment-7
Page 1 of 1

Allocation criteria Data

Bidder's Name & Address: To

NTPC Limited, Contract

Services 6th Floor, Engg.
Office Complex, Plot A-8A,
Sector-24,
Noida - 201301

Dear Sirs,

We seek allocation under Clause 1.5 of ITB, our qualification data in support thereof is
enclosed in the Attachments enclosed at Annexures as per following:

Sl Allocation Criteria brief *Allocation seeking

No. through ( Yes/ No)

1 Attachment 7A: Bidder’s turnover data for last 5 (Yes/No)

financial years

2 Attachment 7B: Certificate by Chartered Accountant on (Yes/No)

Letter Head for bidders’ manufacturing capacity and
existing commitment

3 Attachment 7C: Financial Tie ups with Banks/Financial (Yes/No)

Institutions of Bidders

* Bidder to Mention (Yes / No) against each of the Allocation Criteria brief as mentioned in
table above for Quantity allocation as per provisions of bidding documents and accordingly
furnish the relevant information and documents in subsequent Annexures

Date: (Signature) .................................................. .

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

Place: (Designation) ...............................................

(Seal) ............................................
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

ANNEXURE- 7A
PAGE 1 OF 1

Bidder’s turnover data for last 5 financial years

Ref no : CS-0011-112H-9 Dated:

To,

NTPC Limited,
Contract Services
6th Floor, Engg. Office Complex,
Plot A-8A, Sector-24,
Noida - 201301

We confirm that our annual turnover in the preceding Five (5) financial years as on date of
Techno-Commercial bid opening as under. In support of above, we are enclosing audited
financial statements or certified by Chartered Accountant (in case audited financial statement is
not available) and the details are as under :

S.No. Financial Year Amount in INR

1 2017-2018
2 2018-2019
3 2019-2020
4 2020-2021
5 2021-2022
6 We have enclosed Audited financial Yes*/No*
statements for the last Five (5) financial years
7 We have enclosed certificate from Chartered Yes*/No*
Accountant for financial statements of last Five
(5) financial years

Date: (Signature) .................................................. .

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

Place: (Designation) ...............................................

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

*Strike off whichever is not applicable.

 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

ANNEXURE- 7B
PAGE 1 OF 2

Certificate by Chartered Accountant on Letter Head for Bidders’ manufacturing capacity

and existing commitment and (If applicable) availing MSE benefits/ Purchase preference

Ref no : CS-0011-112H-9 Dated:

To,

NTPC Limited,
Contract Services
6th Floor, Engg. Office Complex,
Plot A-8A, Sector-24,
Noida - 201301

I. Bidders’ manufacturing capacity

This is to certify that M/s ………………………………… (Name of the Bidder) having its
registered office at ……………………………………. and **Manufacturing plant is located
at…………………………………………… (address of Manufacturing Plant) / **Manufacturing
plant is under construction which is located at…………………………………………… (address
of under construction Manufacturing Plant).

**It is certified that M/s (Name of the bidder) is a manufacturer of Agro-residue based
(*Torrefied/Non Torrefied / both Torrefied & Non-Torrefied) biomass pellets having capacity of
………………(in Tonnes per Day) and the Plant is functional since……………(date of start of
manufacturing).

**It is certified that M/s_________________ (Name of the bidder) is establishing/under

establishment plant for manufacture of Agro-residue based (**Torrefied/Non Torrefied / both
Torrefied & Non-Torrefied) biomass pellets having capacity of ………………(in Tonnes per
Day) and plant will be completed by……….. (month/year).

II. * (If applicable) availing MSE benefits/ Purchase preference

It is verified from the Books of Accounts of M/s …………………….(Name of the Bidder) that
they have completed the setting up of the Agro-residue based Biomass Pellet Manufacturing
Plant located at…………………………………………… (address of Manufacturing Plant) is
registered under MSMED Act 2006, (Udyog Aadhaar Registration) ………………………….
Dated……………….., category: ……………….(Micro/Small). (copy enclosed)
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
ANNEXURE- 7B
PAGE 2 OF 2

(Authorised Signatory with

stamp/seal) Name & address of
Chartered Accountant Membership
Number- UDIN -

*strike off whichever is not applicable.

 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
ANNEXURE- 7C
PAGE 1 OF 1

Financial Tie ups with Banks/Financial Institutions of Bidders

Ref no : CS-0011-112H-9 Dated:

To,

NTPC Limited,
Contract Services
6th Floor, Engg. Office Complex,
Plot A-8A, Sector-24,
Noida - 201301

This is to certify that we, M/s …………………………………(Name of the Bidder), are having
Financial Tie ups with following Banks/Financial Institutions for establishment of manufacturing
facilities of Agro-residue based (*Torrefied/Non Torrefied / both Torrefied & Non-Torrefied) with
total manufacturing capacity ……………which is as under:

Sl Name of Banks/ Manufacturing Complete Address of the Plant

No Financial capacity of
Institutions plant to be
established

We have enclosed copy of Tie ups letter issued by Banks/Financial Institutions to this Annexure.

* Strike off whichever is not applicable.

Date: (Signature) .................................................. .

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

Place: (Designation) ...............................................

(Seal) ............................................
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Attachment-8
PAGE 1 OF 1
DECLARATION OF PAST ORDERS

Ref no : CS-0011-112H-9 Dated:

Bidder's Name & Address: To

NTPC Limited, Contract

Services
6th Floor, Engg. Office
Complex, Plot A-8A,
Sector-24, Noida
- 201301
Dear Sirs,

We declare that we are executing following long term Orders (Contract Period of 04
years and above) for #Non- Torrefied/ Torrified Biomass Pellets Procurement Package
for various Plants of NTPC :

Quantity Supplied
S.No Name of Project Ordered Quantity (in *Period of
on 07 days prior to
Million Tonnes) Contract
Techno-
Commercial Bid
opening date (in
Million Tonnes)

# Strike off whichever not applicable.

We understand that the above declaration shall be used in line with the provisions of bidding
document

Date: (Signature) .................................................. .

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

Place: (Designation) ...............................................

(Seal) ............................................
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Attachment-9
Page 1 of 1

“UNDERTAKING TO BE GIVEN BY MSE BIDDER FOR AVAILING BENEFITS”

Bid Ref. No: CS-0011-112H-9 DATED:

Bidder's Name and Address: To

NTPC Limited, Contract Services

6th Floor, Engg. Office Complex,

Plot A-8A, Sector-24, Noida-201301

With reference to our bid against subject Tender Invitation, we have attached relevant
documents for availing benefits to MSEs as per PPP 2012 and its subsequent amendments,
if any. We are aware that benefits of MSEs under PPP 2012 are available to manufacturer of
goods and not to traders/dealers and accordingly, we hereby undertake that:

* We are Producer/ manufacturer of the quoted item and understand that the benefits as
applicable to MSEs under PPP 2012 including Purchase Preference shall be applicable as
per provisions of Bidding Document for all the quoted item of our bid.

We also understand that in case documents submitted by us for availing benefits/ exemptions
applicable to MSEs under PPP 2012 are not found to be in order by NTPC Limited/ Employer
at any stage of Bid Evaluation and Bid security declaration form and/or cost of Bid Documents
(wherever applicable) have also not been submitted by us then our bid shall not be
considered further for evaluation and be rejected.

Thanking you,

Date: (Signature) .................................................. .

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

Place: (Designation) ...............................................

(Seal) ............................................
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Attachment-10
Page 1 of 2
Technical Data Sheets
Technical Data Sheets duly filled in as per the Employer's format, enclosed as Annex-I to
Technical Specifications.

Declaration by Bidder

(To be submitted on Companies letter head along with technical bid)

We, the undersigned, have read the technical specifications for agro residue based biomass
pellets, volume- IV and declare the following:
(a) We have read and completely understood the technical specification document and have no
reservations to it including amendments/clarifications.
(b) We have quoted the GCV and price in price bid for the agro residue based Torrefied and
Non-Torrefied biomass pellets having technical specification as follows:
S.,No Technical data Unit Specified Value range Specified Value range
Torrefied pellets Non Torrefied pellets

1 Base material - Agro residue Agro residue

In case of cylindrical shape : In case of cylindrical shape :

Diameter : Not more than 35 Diameter : Not more than 25

mm mm

Length : Random, not Length : should not exceed

2 Shape and Size** mm
exceeding 35 mm 35 mm.

For other shapes:

No dimension should exceed

35 mm.

3 Fines% (length<3 Wt % fines ≤ 5% fines ≤ 5%

mm)(ARB*)

4 Gross Calorific Kcal/Kg To be quoted by the bidder in To be quoted by the bidder

Value (ARB*) the price bid. in the price bid.
(Between 3400 Kcal/Kg to
5000 kcal/Kg [both (Between 2800 Kcal/Kg to
inclusive]) 4000 kcal/Kg [both
inclusive])

5 Moisture(ARB*) Wt % Not more than 14%

 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Attachment-10
Page 2 of 2

(c) We understand that quantity and price adjustment shall be made for supplying the material
deviating from acceptable range given in the technical specification as per clause 10 and 11
of technical specification (Volume-IV).
(d) We understand that consignment not meeting acceptance limits of parameters as per
clause 12 of technical specification (Volume-IV) shall be rejected.
(e) We understand that if the quoted GCV is outside the acceptable range that is (Between
3400 Kcal/Kg to 5000 kcal/Kg [both inclusive] for Torrefied pellets and Between 2800
Kcal/Kg to 4000 kcal/Kg [both inclusive] for Non Torrefied pellets, the bid shall be rejected.

(f) We understand that liquidated damage (LD) shall be recovered for supply shortfall as per
tender conditions.
(g) We declare that we have read the bid document and have no reservation to it and shall
abide by its provisions.

Thanking you,

Date:
(Signature) ..............................................

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

Place: (Designation) ...........................................

(Seal) ..............................................
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Attachment-11
Page 1 of 1

Additional Information

Bidder's Name & Address: To

NTPC Limited, Contract

Services 6th Floor, Engg.
Office Complex, Plot A-8A,
Sector-24,
Noida - 201301

Dear Sirs,

We wish to provide the following additional information in our Bid. We confirm that no price
component has been included in the additional information.

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

Sl. No. Description of Information Reference to

Reference to

Bidding documents Bid

Proposal

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

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

Note : Continuation sheets of like size and format may be used as per
requirement
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Attachment 12
Page 1 of 3

(ELECTRONIC FUND TRANSFER)

We, hereby authorize the Employer to make all our payments through Electronic Fund Transfer
System. The details for facilitating the payments are given below:

(TO BE FILLED IN CAPITAL LETTERS)

1. NAME OF THE BENEFICIARY

2. ADDRESS & PIN CODE

3. TELEPHONE NO. (WITH STD CODE)

4. BANK PARTICULARS

(A) BANK NAME

(B) BANK TELEPHONE NO. (WITH STD CODE)

(C) BRANCH ADDRESS & PIN CODE

 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Attachment 12
Page 2 of 3

(D) BANK FAX NO (WITH STD CODE)

(E) BRANCH CODE

(F) 9 DIGIT MICR CODE OF THE BANK BRANCH (ENCLOSE COPY OF A

CANCELLED CHEQUE)

(G) BANK ACCOUNT NUMBER

(H) BANK ACCOUNT TYPE (Specify ONE)

SAVING CURRENT LOAN CASH OTHERS

CREDIT
(Yes/ No) (Yes/ No) (Yes/ No) (Yes/ No)
(Yes/ No)

IF OTHERS, SPECIFY

5. PERMANENT ACCOUNT NUMBER (PAN)

 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Attachment 12
Page 3 of 3

6. E-MAIL ADDRESS FOR INTIMATION REGARDING RELEASE OF PAYMENTS

I/We hereby declare that the particulars given above are correct and complete. If the transaction
is delayed or credit is not affected at all for reasons of incomplete or incorrect information, I/We
would not hold the Employer responsible.

SIGNATURE

DATE :

(AUTHORISED SIGNATORY)

Name:

OFFICIAL STAMP

BANK CERTIFICATION:

It is certified that above mentioned beneficiary holds a bank account no. with our branch
and the Bank particulars mentioned above are correct.

SIGNATURE

DATE

(AUTHORISED SIGNATORY)

Authorization No. :

Name:

OFFICIAL STAMP
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Attachment-13
Page 1 of 3

CHECKLIST OF DOCUMENTS

1. Envelope I - Techno-Commercial Bid

Documents to be enclosed in Envelope No I -Techno-Commercial Bid

(Comprising documents to be submitted online )

S. Description Enclosed
No. (Yes/No)

Documents to be submitted online Techno-Commercial Bid under ‘Fee Cover’

1 Attachment 1: Bid Security Declaration Form ( Yes* / No* )

(MSE bidders shall also upload a copy of UDYAM REGISTRATION

CERTIFICATE)

2 Attachment 2: Power of Attorney in terms of clause 3.3 of ITB ( Yes* / No* )

along with the Authority of the person issuing the Power of Attorney

Documents to be enclosed in online Techno-Commercial Bid under Pre-Qual/Technical

Cover/Envelope

1. Techno-Commercial Bid Submission Form as per Annexure-T ( Yes* / No* )

2. Attachment-3: Bidder details as per Employer format along with ( Yes* / No* )
required documents as mentioned therewith.

3. Attachment-4: Declaration regarding Ownership/Partnership ( Yes* / No* )

cum submission of single bid and no holdings with any other
bidder and Details of Foreign Principals of Indian Bidders (if
applicable).
The Bidder shall furnish information with regards to disclosure of the
ownership details including its foreign principals or associates

4 Attachment-5 (in Bidder’s format): Consortium agreement (if ( Yes* / No* )

applicable) entered into by the consortium partners shall be
submitted with the bid.

5 Attachment- 6: Declaration of Number of Plants Bidder is ( Yes* / No* )

interested to participate and Undertaking for availing Benefits as
Punjab, Haryana and NCR bidders as per Employer’s format
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Attachment-13
Page 2 of 3

6 Attachment 7: Allocation Criteria ( Yes* / No* )

Documents in accordance with Clause ITB clause 1.5 allocation

criteria for seeking Quantity allocation as per Bidding Documents
provision

Attachment 7A: Bidder’s turnover data for last 5 financial years ( Yes* / No* )
as per Employer’s format along with supporting documents

Attachment 7B: Certificate by Chartered Accountant on Letter ( Yes* / No* )

Head for bidders’ manufacturing capacity and existing
commitment as per Employer’s format

Attachment 7C: Financial Tie ups with Banks/Financial ( Yes* / No* )

Institutions of Bidders as per Employer’s format along with
supporting documents
7 Attachment-8: Declaration of Past orders and quantity supplied
as per Employer’s format.

8 Attachment-9: Undertaking to be given by MSE bidder for availing (Yes* / No*)

benefits (if applicable) as per format ANNEXURE- Alloc-A-3

10 Attachment-10: Technical Data Sheets (Yes* / No*)

Technical Data Sheets duly filled in as per the Employer's format,
enclosed as Annex-I to Technical Specifications.
11 Attachment 12: Additional Information (Yes* / No*)
Additional Information which the bidder wishes to provide in his bid

12 Attachment 13: EFT Form (Yes* / No*)

Electronic Fund Transfer Form duly filled in as per Employer's format.

13 Attachment-14: Check List of documents to be submitted for (Yes* / No*)

Techno-Commercial Bid

* Strike out whichever is not applicable.

 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Attachment-13
Page 3 of 3

2. Envelope II Price Bid

Documents to be enclosed in (Price Bid)

Documents to be submitted online Price Bid under ‘Pre Qualification Cover’

1. Price Bid Submission Form as per Annexure P ( Yes* / No* )

Documents to be submitted online Price Bid under ‘Finance Cover’

1 BOQ sheet ( Yes* / No* )
* Strike out whichever is not applicable.

Date : (Signature).....................................

Place : (Printed Name)...............................

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

(Seal of the firm) ..............................

 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure P
Page 1 of 3

PRICE BID FORM

(To be uploaded in Pre-Qualification cover of each PRICE BID)
Bid Ref No. and Date :
Bidder's Name and Address :
To,
NTPC Limited,
6th Floor, Engineering Office Complex,
Plot No. A-8A, Sector 24, NOIDA ,
Gautam Budh Nagar, 201301, U.P
India.

Sub: Invitation for Bid for “Procurement of Biomass Pellets on FOR Power Station basis
for NTPC Mouda, Gadarwara and Khargone Power Plants (LOT 2) Bidding Doc. No. CS-
0011-112H-9

Dear Sirs,

1.0 We have thoroughly examined and understood the instructions, Scope of work and the
terms and conditions etc. covered in the bidding documents issued by NTPC, being fully
aware of nature and Scope of Work required.

We hereby confirm our acceptance and compliance to the entire provisions of Technical
specifications, Scope of Work, and terms and conditions covered in the bidding
documents. We declare that the work will be executed strictly in accordance with the
requirement and bidding documents provisions.

1.1 We further understand that discount letter, if any, separately uploaded online or
submitted in physical form shall not be considered for the purpose of evaluation
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Annexure –P
Page 2 of 3

2.0 Attachments to the Bid form (Price Bid):

2.1 In line with the requirement of the Bidding Documents, We have submitted the duly
completed following attachments in Pre-Qual Envelope of Price bid

a) Annexure P : Price Bid Submission Form

2.2 Further, we hereby confirm that we have submitted the following documents as specified
in Bidding documents, as per standard format in “Finance Cover” of the Price bid :

a) Price BOQ

2.1 We further confirm the following:

We have quoted for the entire quantity in Price BOQ in line with provisions of bidding
documents. We have submitted Techno Commercial bid for s bject package through our
GePNIC id for NTPC IFB/Tender No.: 2022_NTPC_67326_1.

2.2 We further confirm that:

We are aware that the Price Schedules do not generally give a full description of the
work to be performed under each item and we shall be deemed to have read the
Technical Specifications, and other sections of the Bidding Documents to ascertain the
full scope of work included in each item while filling in the rates and prices. We agree
that the entered Rates / prices shall be deemed to include the full scope as aforesaid,
including overheads and profit, as per bidding document provisions.

3.0 COMPLIANCE TO THE PROVISIONS OF THE BIDDING DOCUMENTS

3.1 We have read all the provisions of the Bidding Documents and confirm that
notwithstanding anything stated elsewhere in our bid to the contrary, the provisions of
the Bidding Documents are acceptable to us and we further confirm that we have not
taken any deviation to the provisions of the Bidding Documents anywhere in our bid.

We have furnished our compliance to the provisions of the Bidding Documents and its
subsequent Amendment(s)/Clarification(s)/Addenda/Errata by accepting the following
General Technical Evaluation(GTE) at NTPC e-tender portal https://eprocurentpc.nic.in

"Do you certify full compliance to all provisions of Bid Doc?"

 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure –P
Page 3 of 3

4.0 We agree to abide by this bid including the price bid for a period of 180 days from the
date of opening of Techno-Commercial bids as stipulated in the Bidding Documents and
it shall remain binding upon us and may be accepted by NTPC at any time before the
expiration of that period.

5.0 We understand that NTPC are not bound to accept the our bid or any other bid, NTPC
may receive.

6.0 We undertake, if our bid is accepted, to provide Bank Guarantees towards Contract
Performance Security etc. as per stipulated formats and amounts and within the time
specified in the bidding documents.

8.0 We undertake, if our bid is accepted, to commence work for supply of biomass pellets
upon your Letter of Award to us and to achieve completion of our obligations within the
time specified in the Bidding Documents.

9.0 We, hereby, declare that only the persons or firms interested in this proposal as
principals are named here and that no other persons or firms other than those mentioned
herein have any interest in this proposal or in the Contract to be entered into, if the
award is made on us, that this proposal is made without any connection with any other
person, firm or party likewise submitting a proposal, is in all respects for and in good
faith, without collusion or fraud.

Dated this...........................day of..........................20...................

Thanking you, we remain,

Yours faithfully,

Date :

Place : (authorised signatory Name).

(Designation)

Business Address :
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

FORMS & FORMATS

 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure-F1
Page 1 of 2

FORM OF EXTENSION OF BANK GUARANTEE

(On Non-judicial stamp paper of same value on which original BG was executed)

Ref. No. Dated : .............................................

To,
NTPC Limited,
……………………………
…………………………..
……………………………
…………………………..

Dear Sirs,

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

...................[indicate value of bank guarantee].................................... favouring yourselves,
expiring on.................................................................................... on account of
M/s*...............................(Name of Bidder)................................ in respect of Contract for
(Insert package name).................................... for (Insert Project name)
................................. project, Contract No. ................................... dated...............
(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 Bank Guarantee No......................... dated .......... 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.............................. dated .................. shall remain unaltered and binding.

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

(Signature ..........................................
(Name & Designation).......................
(Bank's Seal) ....................................

Authorised vide Power of Attorney No.......................................................

Date .................................................

Dated_________
SEAL OF BANK
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure-F1
Page 2 of 2

Note:
1.@ The extension of the Bank Guarantee should be forwarded to the Unit/Project/Corporate
Centre, from where the extension has been sought.
2. The extension of BG should be on Non-Judicial stamp paper/e-stamp paper of appropriate
value as per Stamp Act prevailing in the State(s) where the BG is submitted or is to be acted
upon or the rate prevailing in the State where the BG is executed, whichever is higher. The
Stamp Paper/e-Stamp paper shall be purchased in the name of Bidder/Bank issuing the
guarantee.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure-F2
Page 1 of 3
PERFORMANCE SECURITY FORM
(To be stamped in accordance with Stamp Act)

Bank Guarantee No......................

To, Date...............................................

[Owner's Name & Address]

Dear Sirs,

In consideration of the NTPC Ltd., (hereinafter referred to as the ‘Purchaser’ which

expression shall unless repugnant to the context or meaning thereof include its successors,
administrators and assigns) having awarded to M/s …………………………………. with its
Registered/Head Office at ……………………….. (hereinafter referred to as the ‘Seller’ which
expression shall unless repugnant to the context or meaning thereof, includes its
successors, administrators, executors & assigns) a Contract by issue of Purchaser’s
Purchase Order No. ………………………….. dated …………………….. and the same having
been unequivocally accepted by the seller resulting in a ‘Contract’ valued at
………………………………. for
………………………………. (scope of work/contract) and the seller having agreed to provide
a contract performance guarantee of the faithful performance of the entire contract
equivalent to Rs. (amount in words)** to the purchaser.

We, ………………………(Name & Address of Bank )…………………………. having our Head

Office at
…………………………………………………………. (hereinafter referred to as the ‘Bank’
which expression shall unless repugnant to the context or meaning thereof, include its
successors, administrators, executors & assigns), do hereby guarantee and undertake to
pay the Purchaser, on demand any and all monies payable by the Seller to the
extent of
……………………………………………… as aforesaid at any time up to
………………………………. (*) without any demur, reservation contest, recourse, or protest
and/or without any reference to the Seller. Any such demand made by the Purchaser on the
Bank shall be conclusive and binding notwithstanding any difference between the Purchaser
and Seller or any dispute pending before any court Tribunal, Arbitrator or any other
Authority. The bank undertakes not to revoke this guarantee during its currency without
previous consent of the purchaser and further agrees that this guarantee herein contained
shall continue to be enforceable till the purchaser discharges this guarantee.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure-F2
Page 2 of 3

The Purchaser shall have the fullest liberty without affecting in any way the liability of the Bank
under this guarantee, from time to time to extend the time for performance of Contract by the
Seller. The Purchaser 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 Seller, and to exercise the same at any time in any manner, and either to
enforce or to forbear to enforce any covenants, contained or implied in the contract between the
Purchaser and the Seller or any other course of remedy or security available to the Purchaser.
The Bank shall not be released of its obligations under these presents by any exercise by the
Purchaser of its liberty with reference to the matters aforesaid or any of them or by reason of
any other act or forbearance or other acts of omission or commission on the part of the
purchaser or any other indulgence shown by the Purchaser or by any other matter or thing
whatsoever which under law would, but for this provision, have the effect of relieving the Bank.

The Bank also agrees that the purchaser 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 seller
and notwithstanding any security or other guarantee that the purchaser may have in relation to
the seller’s liabilities.

Notwithstanding anything contained hereinabove our liability under this guarantee is restricted to
………………... and it shall remain in force up to and including ……… (*)……… and shall be
extended from time to time for such period (not exceeding one year), as may be desired by M/s
………………………….. on whose behalf this guarantee has been given.

Dated this ……………………….. day of ……………………… 20…………… at

………………………..

WITNESS
1) SIGNATURE ……………………… SIGNATURE ……………………………………..
NAME ………………. NAME …………………………...
OFFICIAL ADDRESS ………… DESIGNATION …………………………………..
BANK’S COMMON SEAL
2) SIGNATURE ………………………… ATTORNEY AS PER POWER OF ATTORNEY
NAME ……………... NO…………
OFFICIAL ADDRESS ……………… DATE …………….
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Annexure-F2
Page 3 of 3

NOTE :

1. (*) The Date will be Three Months beyond the expiry of the warranty period as
specified in the order.

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

3. While getting the Bank Guarantee issued, Bidders are required to ensure compliance to the
points mentioned in the Bank Guarantee Verification Check List in the bidding documents.
Bidders are required to fill up this check List and enclose the same alongwith the Bank
Guarantee.

4. The Stamp paper of appropriate value shall be purchased in the name of guarantee issuing
bank or the party on whose behalf the BG is being issued. The Bank Guarantee shall be
issued on non-judicial Stamp paper of appropriate value as per Stamp act prevailing in the
States where the BG is to be submitted or is to be acted upon or the rate prevailing in the
state where the BG is executed, whichever is higher.

5. The details of secure SFMS (in case of BGs issued from within India) or SWIFT (in case of
BGs issued from outside India) sent by Supplier’s Bank to Employer’s Beneficiary Bank
details of which are given in GPC must be furnished with the BG.

6. ** Security deposit @ 7 lakh per 20 TPD for 7 year tenders. Further security deposit
amount shall be computed @3.5 Lakhs per 10 TPD or part thereof the awarded
quantity.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Annexure-F-3
Page 1 of 2
CHECK LIST FOR BANK GUARANTEE VERIFICATION BY BIDDER

BANK GUARANTEE VERFICATION CHECKLIST

FOR BID SECURITY

1. Bank Guarantee No. ........................................................

2. Issuing Bank ........................................................

3. Amount of BG ........................................................

4. Nature of BG & No. of Pages ........................................................

5. Validity of BG ........................................................

6. Package Description ........................................................

7. Bidder / Contracts Ref.

(Name, Address, Tel. & Fax No., email) ........................................................

8. Bank Reference
(Name, Address, Tel. & Fax No., email) ........................................................

CHECK LIST
------------------------------------------------------------------------------------------------------------------------
S.No. Details of Checks Yes/No
------------------------------------------------------------------------------------------------------------------------
a) Is the BG on non-judicial stamp paper of
appropriate value, as per Stamp Act ?[i.e. ....] ...............................................

b) Whether date, purpose of purchase of ...............................................

stamp paper and name of the Owner
are indicated on the back of stamp paper
under the Signature of Stamp vendor ?
(The date of purchase of stamp paper
should be of any date on or before the date
of execution of BG and the stamp paper
should be purchased either in the name of
the executing Bank or the Bidder on whose
behalf the BG has been issued. The Stamp
Papers (other than e-stamp paper) should
be duly signed by the stamp vendor).
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

ANNEXURE-F-3
PAGE 2 OF 2
-----------------------------------------------------------------------------------------------------------------------------
S.No. Details of Checks Yes/No
-----------------------------------------------------------------------------------------------------------------------------
c) In case of BGs from Banks abroad, has the BG ................................................
been executed on Letter Head of the Bank.

d) Has the executing officer of BG indicated ................................................

his name, designation and Power of Attorney
No. / Signing Power No., on the BG?

e) Is each page of BG duly signed/initialed by .................................................

executant and whether stamp of Bank is affixed
thereon? Whether the last page is signed with
full particulars including two (2) witnesses under
seal of Bank as required in the prescribed proforma?

f) Does the Bank Guarantee compare verbatim ..................................................

with the Proforma prescribed in the
Bidding Documents?

g) Are the factual details such as Bidding Documents ..................................................

No./ Specification No., Amount of BG and Validity
of BG correctly mentioned in the BG?

h) Whether overwriting / cutting, if any on the BG ...............................................

have been properly authenticated under signature
& seal of executants?

i) Whether the BG has been issued by a Bank ................................................

in line with the provisions of Bidding
Documents?

j) In case BG has been issued by a Bank other than ................................................

those specified in Bidding Document, is the BG
confirmed by a Bank in India acceptable as per
Bidding Documents?
------------------------------------------------------------------------------------------------------------------------
Date: Signature .................................................

Place: Printed Name ..........................................

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

(Seal of the firm) .......................................

Note: The Bidder is required to fill up this form and enclose along with the Bid Security / Bank
Guarantee.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure-F4
Page 1 of 3

LIST OF BANKS FOR SUBMISSION OF BANK GUARANTEE AS BID SECURITY AND

CONTRACT PERFORMANCE GUARANTEE

SCHEDULED COMMERCIAL BANK LIST

A STATE BANK OF INDIA
B NATIONALISED BANKS
1 Bank of Baroda
2 Bank of India
3 Bank of Maharashtra
4 Canara Bank
5 Central Bank of India
6 Indian Overseas Bank
7 Indian Bank
8 Punjab National Bank
9 Union Bank of India
10 Punjab & Sind Bank
11 UCO Bank
C SCHEDULED PRIVATE BANKS (INDIAN BANKS)
1 Axis Bank Ltd
2 Bandhan Bank Limited
3 CSB Bank
4 City Union Bank
5 DCB Bank Ltd
6 Dhanlaxmi Bank Ltd
7 Federal Bank Ltd
8 HDFC Bank Ltd
9 ICICI Bank Ltd
10 IndusInd Bank Ltd
11 IDFC FIRST Bank Limited
12 Jammu & Kashmir Bank Ltd
13 Karnataka Bank Ltd
14 Karur Vysya Bank Ltd
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Annexure-F4
Page 2 of 3
15 Kotak Mahindra Bank
16 Lakshmi Vilas Bank Ltd
17 Nainital Bank Ltd
18 RBL Bank Limited
19 South Indian Bank Ltd
20 Tamilnad Mercantile Bank Ltd
21 Yes Bank Ltd
22 IDBI Bank Ltd
.D SCHEDULED PRIVATE BANKS (FOREIGN BANKS)
1 AB Bank Ltd
2 Abu Dhabi Commercial Bank PJSC
3 American Express Banking Corporation
4 Australia & Newzealand Banking Group Limited
5 Barclays Bank Plc
6 Bank of America
7 Bank of Bahrain & Kuwait B.S.C.
8 Bank of Ceylon
9 Bank of China Limited
10 Bank of Nova Scotia
11 BNP Paribas
12 Citi Bank NA
13 Cooperatieve Rabobank UA
14 Crédit Agricole Corporate and Investment Bank
15 Credit Suisse AG
16 CTBC Bank Co Ltd
17 DBS Bank India Ltd
18 Deutsche Bank A.G.
19 Doha Bank Q.P.S.C
20 Emirates NBD Bank (PJSC)
21 First Abu Dhabi Bank PJSC
22 FirstRand Bank Ltd
23 HSBC Ltd
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Annexure-F4
Page 3 of 3
24 Industrial & Commercial Bank of China Ltd
25 Industrial Bank of Korea
26 JP Morgan Chase Bank, National Association
27 JSC VTB Bank
28 KEB Hana Bank
29 Kookmin Bank
30 Krung Thai Bank Public Company Ltd
31 Mashreq Bank PSC
32 Mizuho Bank Ltd
33 MUFG Bank, Ltd
34 NatWest Markets Plc
35 PT Bank Maybank Indonesia TBK
36 Qatar National Bank (Q.P.S.C.)
37 Sberbank
38 SBM Bank (India) Ltd
39 Shinhan Bank
40 Societe Generale
41 Sonali Bank Ltd
42 Standard Chartered Bank
43 Sumitomo Mitsui Banking Corporation
44 United Overseas Bank Ltd
45 Westpac Banking Corporation
46 Woori Bank

*Note - Any Addition/ Deletion/ Modification in Bank list shall be as per changes in Second
Schedule List by RBI from time to time

* In case, Bank Guarantee is getting issued from State Bank of India, Bidder to take
note of NTPC letter ref. NTPC/FC/CS/BG/01 dated 03.09.2014 and SBI letter ref.
CAG-I/AMT-1/2014-15/370 dated 04.09.2014 enclosed herewith.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Annexure-F5
Page 1 of 1

(No Deviation Certificate)

Bid Ref. No: CS-0011-112H-9 DATED:

Bidder's Name and Address: To

NTPC Limited, Contract Services

6th Floor, Engg. Office Complex,

Plot A-8A, Sector-24, Noida-201301

Dear Sirs,

1.0 With reference to our Bid Proposal No ................................... dated .................. for [Insert
Name of the Package “Procurement of biomass pellets for VARIOUS NTPC Power Plants,
Bid Document No. CS-0011-112H-9, we hereby confirm that we comply with all terms,
conditions and specifications of the Bidding Documents read in Conjunction with
Amendment(s)/Clarification(s)/ Addenda/Errata (if any) issued by the Employer prior to
opening of Techno Commercial Bids and the same has been taken into consideration while
making our Techno-Commercial Bid & Price Bid and we declare that we have not taken any
deviation in this regard.

2.0 We further confirm that any deviation, variation or additional condition etc. or any mention,
contrary to Bidding Documents and its Amendment(s)/ Clarification(s)/ Addenda/ Errata (if
any) as mentioned at 1.0 above found anywhere in our Techno-Commercial Bid and/or Price
Bid, implicit or explicit, shall stand unconditionally withdrawn, without any cost implication
whatsoever to Employer, failing which the bid security shall be forfeited.

Note: The aforesaid declaration is to be submitted on-line through e-tendering portal by

accepting the GTE “Do you certify full compliance to all provisions of Bid Doc?” by
the Bidder.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Annexure-F6
Page 1 of 1

“COMPLIANCE ON QUALIFYING REQUIREMENTS”

Bid Ref. No: CS-0011-112H-9 DATED:

Bidder's Name and Address: To

NTPC Limited, Contract Services

6th Floor, Engg. Office Complex,

Plot A-8A, Sector-24, Noida-201301

Dear Sirs,

We hereby confirm the following:

(a) The details furnished by us in attachment of bid, for establishing the compliance to specified
Qualifying Requirement are in accordance with ITB, Clause 1.4 of Volume II of the Bidding
documents.

(b) No change or substitution in respect supply Experience and Handling Experience for
meeting the specified Qualifying Requirement (QR) shall be offered by us.

Note: The aforesaid declaration is to be submitted on-line through e-tendering portal by

accepting the GTE ‘Do you certify full compliance on Qualifying requirements’’ by the
Bidder.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Annexure-F7
Page 1 of 1

“ACCEPTANCE OF FRAUD PREVENTION POLICY OF NTPC”

Bid Ref. No: CS-0011-112H-9 DATED:

Bidder's Name and Address: To

NTPC Limited, Contract Services

6th Floor, Engg. Office Complex,

Plot A-8A, Sector-24, Noida-201301

We have read the contents of the Fraud Prevention Policy of NTPC displayed on its tender website
http://www.ntpctender.com and undertake that we along with our associates/collaborators/ sub-
contractors /sub-vendors / consultants/ service providers shall strictly abide by the provisions of the
Fraud Prevention Policy of NTPC.

Note: The aforesaid declaration is to be submitted on-line through e-tendering portal by

accepting the GTE “Do you accept Fraud Prevention Policy of NTPC?” by the Bidder.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Annexure-F8
Page 1 of 1

“COMPLIANCE ON WITHHOLDING & BANNING OF BUSINESS DEALING POLICY OF

NTPC”

Bid Ref. No: CS-0011-112H-9 DATED:

Bidder's Name and Address: To

NTPC Limited, Contract Services

6th Floor, Engg. Office Complex,

Plot A-8A, Sector-24, Noida-201301

We have read the contents of the Banning Policy of NTPC attached with this Bidding
Document and agree to abide by this policy. Further, in terms of requirement under Banning
policy we also declare the following:

a) We have not been Banned/ Blacklisted as on date of submission of application by

Ministry of Power or Government of India or any State Government or PSU or
Regulatory Institution.

b) We have not employed any public servant dismissed/removed or person convicted for
an offence involving corruption or abetment of such offences.

c) Our Director(s)/Owner(s)/Proprietor/Partner(s) have not been convicted by any court of

law for offences involving corrupt and fraudulent practices including moral turpitude in
relation to business dealings with Government of India or NTPC or NTPC's group
companies during the last five years.

We also accept that if at any point subsequent to award of Contract, the declarations
given above are found to be incorrect, NTPC Limited shall have the full right to
terminate the Contract and take any action as per applicable laws for breach of
contract including forfeiture of Bid Security/Performance Bank Guarantee.

Note: The aforesaid declaration is to be submitted on-line through e-tendering portal by

accepting the GTE “Do you accept Withholding & Banning of Business Dealing
Policy?” by the Bidder.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Annexure – F9
Page 1 of 1

Proforma of Certificate from the CEO/CFO of the company in accordance with

Financial requirement criteria in cases where audited results for the last financial
year as on the date of Techno-commercial bid opening are not available

(TO BE SUBMITTED BY CEO/CFO OF THE HOLDING COMPANY ALONG WITH

THE BID)

Bid Ref. No: CS-0011-112H-9

Date:

To

Contract Services
NTPC Limited
Noida - 201301

Dear Sir,

1.0 I, M/s......................................... (CEO of the company / CFO of the company)*, declare that

M/s................................ (Name of the Holding Company) is the Holding Company of

M/s........................................ Name of the Bidder*/ Lead Partner*/ Consortium Partner-2*/
Consortium-Partner-3*)

2.0 I hereby confirm and undertake that the unaudited unconsolidated financial statements
submitted in respect of the bidder/consortium as part of the bid reference
no...........................dated.................. have been considered for the purposes of the finalisation of
Consolidated financial statements of the Holding Company as part of the Annual Reports.

3.0 I further, certify that the figures in the unaudited unconsolidated financial statements are true
and correct and same have been duly reflected in the audited consolidated financial statements
and/or Annual Report of the Holding Company.

Date: Signature) .................................................. .

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

Place: (Designation) ...............................................

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

Note: *Strike off whichever is not applicable.

 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Annexure – F10
Page 1 of 6

INTEGRITY PACT
Between
NTPC Ltd., a Govt. of India Enterprise (hereinafter referred to as "The Employer")
and
………………………… (hereinafter referred to as "The Bidder/Contractor ")
and
………..………………. (hereinafter referred to as "JV Partner/ Consortium Members"
(if applicable)
Preamble

The Employer invites the bids from all eligible bidders and intends to enter into Contract for
………………………………………………… with the successful bidder(s), as per
organizational systems and procedures. The Employer values full compliance with all
relevant laws and regulations, and the principles of economical use of resources, and of
fairness and transparency in its relations with its Bidder(s) and/or Contractor(s).

In order to achieve these goals, the Employer will appoint Independent External Monitor(s)
(IEM), who will monitor the bidding process and the execution of the Contract for compliance
with the principles mentioned above.

Section 1 Commitments of the Employer

1. The Employer Commits itself to take all measures necessary to prevent corruption
and to observe the following principles in this regard:-

a) No employee of the Employer, either in person or through family members

including relatives, will in connection with the bidding for or the execution of a
Contract, demand or accept a promise for or accept for him/herself or for a third
person, any material or immaterial benefit to which he/she is not legally entitled
to.

b) The Employer shall, during the bidding process treat all Bidders with equity and
reason. The Employer will, in particular, before and during the bidding process,
provide to all Bidders the same information and will not provide to any Bidder
confidential/additional information through which the Bidder(s) could obtain an
advantage in relation to the bidding process or the Contract execution.

c) The Employer will exclude from the process all known prejudiced persons.

2. If the Employer obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act or if there be a substantive suspicion in this
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for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
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Annexure – F10
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regard, the Employer will inform the Chief Vigilance Officer and in addition can initiate
disciplinary actions.

Section 2 Commitments and Undertakings by the Bidder/Contractor

1. The Bidder/Contractor commits and undertakes to take all measures necessary to

prevent malpractices & corruption. He commits himself to observe the following
principles during his participation in the bidding process and during the execution of
the contract:

a) The Bidder/ Contractor undertakes not to, directly or through any other person
or firm offer, promise or give or influence to any employee of the Employer
associated with the bidding process or the execution of the contract or to any
third person on their behalf any material or immaterial benefit which he/she is
not legally entitled, in order to obtain in exchange any advantage of any kind
whatsoever during the bidding process or during the execution of the contract.

b) The Bidder/ Contractor undertake not to enter into any undisclosed

agreement or understanding, whether formal or informal with other Bidders.
This applies in particular to prices, specifications, certifications, subsidiary
contracts, submission or non-submission of bids or any other action to restrict
competitiveness or to introduce cartelization in the bidding process.

c) The Bidder/Contractor undertakes not to commit any offence under the

relevant Anti-corruption Laws of India; further the Bidder/Contractor will not
use improperly, any information or document provided by the Employer as
part of the business relationship, regarding plans, technical proposals and
business details, including information contained or transmitted electronically
for purposes of competition or personal gain and will not pass the information
so acquired on to others.

d) The Bidder/ Contractor, when presenting his bid, undertakes to disclose any
and all payments made, or is committed to or intends to make to agents,
brokers or any other intermediaries in connection with the bidding process
and / or award of the contract.

e) The Foreign Bidder/ Contractor, when presenting his bid, undertakes to

disclose the name and address of agents and representative in India. Further,
Indian Bidder/ Contractor when presenting his bid, undertakes to disclose the
name and address of its foreign principals or associates.

2. The Bidder/ Contractor will not instigate and allure third persons/parties to commit
offences outlined above or be an accessory to such offences.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9

Annexure – F10
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Section 3 Disqualification from Bidding Process and Exclusion from Future Contracts

1. If the Bidder(s)/ Contractor(s), before award or during execution has committed a

transgression through a violation of any provisions of Section 2 so as to put his
reliability or credibility as Bidder into question, the Employer shall be entitled to
disqualify the Bidder(s)/ Contractor(s) from the bidding process or to terminate the
contract, if signed on that ground.

2. If the Bidder/ Contractor has committed a transgression through a violation of Section

2 such as to put his reliability or credibility into question, the Employer shall be
entitled to exclude including blacklist and put on holiday the Bidder/ Contractor for
any future tenders/contract award process. The imposition and duration of the
exclusion will be determined by the severity of the transgression. The severity will be
determined by the Employer taking into consideration the full facts and
circumstances of each case particularly taking into account the number of
transgressions, the position of the transgressors within the company hierarchy of the
Bidder and the amount of the damage. The exclusion will be imposed for a period not
exceeding two (02) years.

3. A transgression is considered to have occurred if the Employer after due

consideration of the available evidence concludes that no reasonable doubt is
possible.

4. The Bidder with its free consent and without any influence agrees and undertakes to
respect and uphold the Employer's absolute rights to resort to and impose such
exclusion and further accepts and undertakes not to challenge or question such
exclusion on any ground, including the lack of any hearing before the decision to
resort to such exclusion is taken. This undertaking is given freely and after obtaining
independent legal advice.

5. Subject to full satisfaction of the Employer, the exclusion of Bidder/ Contractor could
be revoked by the Employer if the Bidder/ Contractor can prove that he has restored/
recouped the damage caused by him and has installed a suitable corruption
prevention system in his organization.

Section 4 Compensation for Damages including Forfeiture of Earnest Money Deposit/

Security Deposit/ Performance & Advance Bank Guarantees

1. If the Employer has disqualified the Bidder/ Contractor from the bidding process or
has terminated the contract pursuant to Section 3, the Employer shall forfeit the
Earnest Money Deposit/Bid Security, encash Contract Performance Bank
Guarantees in addition to excluding the bidder from the future award process and
terminating the contract.
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for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Annexure – F10
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2. In addition to 1 above, the Employer shall be entitled to take recourse to the relevant
provisions of the contract related to Termination of Contract due to Contractor's
Default.

Section 5 Previous Transgressions

1. The Bidder swears on oath that no previous transgression impinging on anti-

corruption principles / any malpractice as mentioned in Section-2 has occurred in the
last three years immediately before signing of this Integrity Pact, with any other
company / any Public Sector Enterprise/ Undertaking in India / any Government
Department in India.

2. If the Bidder makes incorrect statement on previous transgression as mentioned

above in para 1, Bidder can be disqualified from the bidding process or the contract, if
already awarded, can be terminated on this ground

Section 6 Company Code of Conduct

Bidders are also advised to have a company code of conduct (clearly rejecting the
use of bribes and other unethical behaviour) and a compliance program for the
implementation of the code of conduct throughout the company.

Section 7 Independent External Monitors (IEM)

1. The Employer will appoint competent and credible Independent External Monitor for
this Pact. The task of the IEMs is to review independently and objectively, whether
and to what extent the parties comply with the obligations under this agreement.

2. The IEMs are not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He shall report to CMD of the
Employer or a person authorized by him.

3. The Bidder/Contractor accepts that the IEMs have the right to access without
restriction to all Project documentations of the Employer including that provided by
the Contractor. The Contractor will also grant the IEMs, upon his request and
demonstration of a valid interest, unrestricted and unconditional access to his Project
Documentations. The same is applicable to Subcontractors. The IEMs are under
contractual obligation to treat the information and documents of the Bidder /
Contractor / Sub-Contractors/ JV partners/Consortium member with confidentiality.

3. The Employer will provide to the IEMs sufficient information about all meetings among
the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Employer and the Contractor. The parties offer to the
IEMs the option to participate in such meetings.
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for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
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Annexure – F10
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5. As soon as the IEMs notices, or believes to notice, a violation of this agreement, he

will so inform the Management of the Employer (CMD of the Employer or a person
authorized by him) and request to discontinue or to take corrective action, or to take
other relevant action. The IEMs can in this regard submit non-binding
recommendations. Beyond this, the IEMs has no right to demand from the parties
that they act in a specific manner, refrain from action or tolerate action. However,
Independent External Monitor shall give an opportunity to the bidder/contractor to
present its case before making its recommendations to the Employer.

6. The IEMs will submit a written report to CMD of the Employer or a person authorized
by him within 30 days from the date of reference or intimation to him by the Employer
and, should the occasion arise, submit proposals for correcting problematic
situations.

7. The Bidder / Contractor accepts that they shall not approach courts while the matter /
complaint / dispute has been referred to the IEM in terms of this pact and they shall
await IEM’s decision before approaching any Court.

8. If the IEMs have reported to CMD of the Employer or a person authorized by him a
substantiated suspicion of an offence under relevant IPC/ PC Act, and he has not,
within reasonable time, taken visible action to proceed against such offence or
reported it to the Chief Vigilance Officer, the IEMs may also transmit this information
directly to the Central Vigilance Commissioner, Government of India.

9. The word " IEM" will include Singular or Plural.

Section 8 Pact Duration

This Pact comes into force from the date of signing by all the parties. It shall expire
for the Contractor 12 months after the last payment under the respective Contract,
and for all other unsuccessful bidders 6 months after the Contract has been awarded.

Section 9 Miscellaneous Provisions

1. This Pact is subject to Indian Law. The place of performance and jurisdiction shall be
New Delhi.

2. Should one or several provisions of this Pact turn out to be invalid; the remainder of
this Pact remains valid. In this case, the parties will strive to come to an agreement
to their original intentions.

3. The actions stipulated in this Integrity Pact are without prejudice to any other legal
action that may follow in accordance with the provisions of the extant law in force
relating to any civil or criminal proceedings.
 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
Annexure – F10
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4. If the Contractor is a JV partnership / Consortium, this agreement must be signed by

all the partners of JV / Consortium Partners as the case may be.

The Parties hereby sign this Integrity Pact at ……….on this ……. day of……..20….

Employer Bidder/ Contractor Joint Venture Partner(s)/

Consortium member(s)

(As Applicable)

Witness Witness Witness

1. _______ 1. _______ 1. _______

2. _______ 2. _______ 2. _______

 Procurement of Biomass Pellets on FOR power station basis
for NTPC ‐ Mouda, Gadarwara and Khargone Power Plants (Lot 2)
Bidding Doc. No. CS‐0011‐112H‐9
NTPC Limited
(A Government of India Enterprise)