Instruction to Bidders FOR E-TENDERING & other terms and conditions The Bidders are requested to read carefully the following before filling the tender. Tenders not complying with

these requirements shall run risk of rejection.

1.0 Introduction NTPC Limited, a Govt. of India Enterprise referred to herein as ‘the

Owner’ incorporated in the year 1975 to accelerate power

development in the country. NTPC is the largest power utility in the

country.

NTPC has implemented SAP ERP application and is adopting internet

based electronic tendering through its E-procurement through

GePNIC (https://eprocurentpc.nic.in/nicgep/app).

Bidders are required to enroll themselves on the NTPC e-Tendering

portal to participate in any tender. The following section outlines the

procedure for ‘Online bidder enrollment’

2.0 Enrollment

Procedure

N.A

3.0 How to

Download

Tender

Documents?

It is recommended that the bidder downloads various sections of the

tender documents and study them carefully before starting

preparation of the bid.

The procedure for the same is as follows:

Type the URL https://eprocurentpc.nic.in/nicgep/app start

� log in by using the user ID and Password

� Search the required NIT.

� Click on the NIT number.

� Click on the Document tab.

NOTE:- Bidders are advised to ensure that they have understood the

NTPC Tender document and have fully downloaded the tender

documents.

4.0 Clarification on

Bidding

Documents &

AMENDMENT OF

BIDDING

DOCUMENT

• A prospective Bidder requiring any clarification of the Bidding

Document shall contact the Owner in writing at the Owner’s

e-mail address given in the bid documents. The Owner shall

forward copies of its response to all Bidders who have

obtained the Bidding Document directly from it.

• Should the Owner deem it necessary to amend the Bidding

Document as a result of a clarification, it shall do so and

intimate to all who have obtained the Bidding Document

directly from the Owner &

• At any time prior to the deadline for submission of the Bids,

the Owner may amend the Bidding Document by issuing

addenda.

• Any addendum issued shall be part of the Bidding Document

and shall be communicated to all who have obtained the

Bidding Document directly from the Owner.

To give prospective Bidders reasonable time in which to take an

addendum into account in preparing their Bids, the Owner may, at

its discretion, extend the deadline for the submission of the bids.

5.0 Earnest Money

Deposit & Letter

of undertaking

1. EMD: Not Applicable 2. Letter of Undertaking (submitted through online)

3. Nil deviation certificates in line with the enclosed in bidding

documents shall be submitted through online.

5.1 Letter of

Undertaking TO BE ACCEPTED ONLINE AS PER TENDER DOCUMENTS.

5.2 Earnest Money

Deposit Not Applicable

6.0 Submission of

EMD in form of

DD/BC/BG

Not Applicable

7.0 CONDITIONS

FOR

FORFEITURE OF

EMD / BID

SECURITY

The Earnest Money Deposit / Bid Security may be forfeited in any of the

following circumstances by the Employer/Owner without any notice or proof

of damage to the Owner, etc.

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

specified by the Bidder in the Bid Proposal.

b) If the Bidder refuses to withdraw, without any cost to the Owner, any

deviation found in the Bid.

c) In the case of a successful bidder, if the bidder fails within the specified

time limit to furnish the acceptance of Letter of Award / Purchase Order.

d) In the case of successful Bidder, if the Bidder fails, within the time limit,

to furnish the required Security deposit/Contract Performance Guarantee in

case the same is required as per conditions of the P.O /LOA.

e) If the bidder / their representative commit any fraud while competing for

this contract pursuant to Fraud prevention policy of NTPC.

8.0 RELEASE OF

EMD / BID

SECURITY

a) The bid Security of all those bidders who are not considered Techno-

commercially responsive and / or qualified will be returned, along with their

price bid without being opened, not later than 1 month from price bid

opening.

b) The Bid Security of all the unsuccessful Bidders shall be returned as

promptly as possible as but not later than 1 month after expiration of bid

validity or after award / finalization of the case which ever is early. .

c) The Bid Security of the successful Bidder shall be returned once the

successful Bidder has accepted the Letter of Award/ Purchase Order and

furnished the required Contract Performance Guarantee (if applicable).

9.0 INELIGIBILITY

FOR FUTURE

TENDERS

Notwithstanding the provisions regarding forfeiture of Bid Security specified

above, if a bidder after having been issued the Letter of Award/Purchase

Order, either does not accept the order / Letter of award or does not submit

an acceptable Performance Security and which results in tender being

annulled then such bidder shall be treated ineligible for participation in re

tendering of the particular package.

10.0 Tender document issued to an intending bidder are NOT

TRANSFERABLE. 11.0 VALIDITY OF

BIDS

In consideration of the owner opening and considering the tender for

the purpose of award of contract the Bidder shall keep his tender

valid for a period of 90 days from the date of opening of the

tender, during which period the Bidder agrees not to vary, alter or to

revoke his tender/either in whole or in part. A Letter of Undertaking

has to be submitted by the Bidder in this regard in the enclosed

format. In exceptional circumstances, the Owner may solicit the

Bidder’s consent for extension of the bid validity period. When the

validity period is extended by the Bidder, the same shall be done

without any modification to the bid proposal by the Bidder. 12.0 BID PRICE

The Bidder shall quote their total lump-sum price as per the Bill of

Quantity for the entire scope of work covered under the Bidding

Document and all incidental items not specifically mentioned but

reasonably implied and necessary to complete the work.

Bidder bid prices shall be in Indian Rupees only on firm price basis.

13.0 Nil DEVIATIONS Bidders may note that any deviations, variations and additional

conditions found anywhere in the bid (Techno Commercial Bid &

Price Bid) save those pertains to any rebates/discounts shall not be

given effect to in evaluation and it will be considered that the bidder

complies to all the terms and conditions of Bidding Documents

without any extra cost to the Owner irrespective of any mention to

the contrary, any where in the bid, failing which the Bid Security of

the Bidder be forfeited.

14.0 Bid

Preparation

Price Bids will be prepared online.

� Complete the bid forms in the bid preparation step as

prescribed before the expiry date for “Bid Submission” in

the time schedule displayed in the notice inviting tender.

� While completing the bid forms make sure that the bid is

digitally signed and submitted.

� Bidders may refer the enclosed user manual with screen

shots for preparation of bids

� The major steps in preparation of bid are as follows:

� Enter the User ID and Password at

https://eprocurentpc.nic.in/nicgep/app and process

the bid submission.

16.0 Submission of

Bid

The vendor will submit his quotation online after carefully

examining the document/conditions and the schedule of work

� All the prices are to be filled in at the relevant fields in

pricing conditions.

� Bids can be submitted by clicking on the “Submit” Tab and

attaching relevant Digital Certificates.

17.0 Expiry Date

The online bidding system will not allow bid submission after

the respective specified expiry date and time. Bidders are

advised to make sure that the bid submission is completed

well in advance before the stipulated time for bid submission .

18.0 AWARD

CRITERIA

The owner will award the contract to the successful Bidder

whose bid has been determined to be substantially responsive

and to be the lowest evaluated bid, further provided that the

Bidder is determined to be qualified to perform the contract

satisfactorily.

19.0 NOTIFICATION

OF AWARD

Prior to the expiration of the period of bid validity and extended validity period, if any, NTPC will notify the successful Bidder in writing by registered letter or by cable/ telex/ fax, that its bid has been accepted. The notification of award will constitute the formation of the Contract.

20.0 SIGNING OF

CONTRACT

The successful bidder will enter into an agreement with NTPC on a

non-judicial stamp paper of Rs.100/- (One Hundred Only/-) purchased

from UP State within 30 days from the date of notification of award.

21.0 Power of Attorney

The tender and other documents related to the contract submitted by the bidder

shall be signed by the authorized signatory. A copy of the Power of Attorney in

favour of the person signing on behalf of the bidder shall be furnished alongwith

the tender. Bidder is requested to indicate the PAN of Income Tax and type of

company/agency alongwith a copy of documentary evidence with his tender/offer.

22.0 Abnormally

high or Low rated Items

If the rates/prices quoted by the successful bidder for certain items of the Bill of

quantities (wherever such rates/prices have been called for in the bids) are found

to be having a variation of +/- 25% or above in relation to Employer’s estimate of

the cost of work to be performed under the contract, then such items of works

shall be identified as abnormally high rate (AHR) or abnormally low rate (ALR).

After evaluation of the rates/price analysis which includes early cash flow

analysis, Employer/ NTPC may require that amount of Performance Security be

increased at the expense of the recommended bidder by 25% of the value of

variation in respect of ALR item, to protect Employer against financial loss in the

event of default by the contractor under the contract, to carry out such low rated

items of works if award is placed on recommended bidder. Further, the Employer/

NTPC may require the contractor to provide a suitable undertaking to execute the

items of works to complete the entire work under the contract.

The items for which performance security is enhanced shall be identified

separately in the contract. Upon execution of such identified items, the enhanced

value of Performance security will be reduced every three months on a pro-rata

basis.

23.0 Intending parties are advised to visit the work site to familiarize themselves with

the nature and quantum of work and the site conditions.

24.0 FRAUD PREVENTION POLICY

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

consultants /service providers shall strictly adhere to the Fraud Prevention Policy

of Owner displayed on its tender website http://www.ntpctender.com and shall

immediately apprise the Owner about any fraud or suspected fraud as soon as it

comes to their notice.

The acceptance of above Fraud Prevention Policy is an attribute of the on line

Bid Invitation. Acceptance of above Fraud Prevention Policy is to be given

online. Only after acceptance of the above condition the bidder shall be allowed to submit the bid.

25.0 OWNER’S

RIGHT TO ACCEPT ANY BID, AND TO

REJECT ANY OR ALL BIDS

The Owner 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 owner’s action.

26.0 Help line In case of any difficulty, kindly get in touch with following persons:

D.K.Shahi, Manager (CS) & Kripa Shanker, Sr. Manager (CS)

Contracts Section, C&M

NTPC LIMITED, NTPC DADRI (ADMINISTRATIVE BUILDING)

Ground floor, Room No. 2, Administrative Building, NTPC-Dadri,

P.O.:- Vidyut Nagar, Distt. - Gautam Budh Nagar (UP) Pin: - 201008

e-mail:bcbhat@ntpc.co.in, kripashanker@ntpc.co.in, dkshahi@ntpc.co.in

Tel: 0120-2805819/2805807/ 2805866, Fax: 0120-2671292

AAA NNN NNN EEE XXX UUU RRR EEE --- III

Special Conditions of Contract 1.0 Order of the precedence of the Documents 1.1 Subject to order of precedence l isted below, all documents forming part of the Contract (and all parts

thereof) are intended to be correlative, complementary and mutually explanatory. The Contract shall be read as a whole.

1.2 The order of precedence of documents shall be as under:

I . The Contract Agreement alongwith its appendices I I . Letter of Award alongwith its appendices I I I . Special Conditions of Contract IV. Technical Specifications & Bid drawings & Field Quality Assurance plan V. General Conditions of Contract VI. The Bid and Schedule of Quantit ies/ Bil l of Quantit ies submitted by the Contractor VII. Instructions to bidders

An amendment issued after execution of contract agreement shall take precedent over the formal contract and all other contract documents.

1.3 Any error in description, quantity or rate in Schedule of Quantit ies or any omission therefrom shall not

vit iate the Contract or release the Contractor from the execution of the whole or any part of the Works comprised therein according to drawings and specifications or from any of his obligations under the Contract.

2.0 Instructions and Notices under the Contract: 2.1 Subject as otherwise provided in the Contract, al l notices to be given on behalf of the Employer and al l

other actions to be taken on its behalf may be given or taken by the Engineer-in-Charge or any officer for the time being entrusted with the functions, duties and powers of the Engineer-in-Charge by the Employer. All instructions, notices and communications, etc., under the Contract shall be given in writ ing.

2.2 The Contractor or his authorised representative shall be in attendance at the Site(s) during all working hours and shall superintend the execution of the Works with such additional assistance in each trade as the Engineer-in-Charge may consider necessary. Orders given to the Contractor 's representative shall be considered to have the same force as if they had been given to the Contractor himself.

2.3 The Engineer-in-Charge shall communicate or confirm the instructions to the Contractor in respect of the execution of Work in a 'Works Site Order Book’ maintained in the office of the Engineer-in-Charge and the Contractor or his authorised representative shall confirm receipt of such instructions by signing the relevant entries in this Book. If required by the Contractor he shall be furnished a certi f ied true copy of such instruction(s).

3.0 Security Deposit

3.1 The Contractor shall provide a Security Deposit in the amount equivalent to 10% (ten percent) of the contract value. The Security Deposit shall be held by the Employer as security for the due performance of the Contractor’s obligations under the Contract.

3.2 The Bid securi ty/Earnest money deposit furnished by the Contractor wil l be treated as part of the security deposit. However, i f the earnest money deposit is in the form of a bank guarantee, the Contractor wil l be required to replace it wi th init ial security deposit of equivalent value in one of the

forms given here-in-after, within 30 days of issue of Letter of Award/Service Purchase Order. This shall be subject to adjustment while deducting security deposit from the first on account payment.

Further, the Employer at the time of making payment deduct security deposit at the rate of 10 per cent of gross amount of each on account payment unti l the security deposit so deducted reaches the values mentioned above.. The deductions for the retention of money(ies) wil l be stopped after the security deposit l imit of 10% (ten percent) of the Total Contract Value is reached, unless otherwise required in terms of clause 19.1.3. The earnest money furnished by the Contractor shall be returned / refunded to him after receipt of the aforesaid bank guarantee and after verif ication of aforesaid bank guarantee from the issuing bank.

3.3 The Contractor may, at any time and from time to time, during the course of or after completion of the work, with the permission of the Employer, subst itute his cash security deposit, including retention money(ies) deducted from his bil ls and lying with the Employer, by Bank Guarantee(s) in the prescribed proforma from a Bank acceptable to the Employer and withdraw the equivalent cash amount(s), provided the amount covered by any such Bank Guarantee is not less than Rs.1 lakh (Rupees One lakh only). If at any time during the course of the work, the gross value of the work, as reflected by the Running Bil ls submitted by the Contractor has in the opinion of the Employer (which shall be final and binding on the Contractor), exceeded or is l ikely to exceed the Total Contract Value indicated in the acceptance of Tender, the Contractor shall be bound to pay further Securi ty Deposit as wil l make up the total Security Deposit to 10%(ten percent) of the then anticipated Contract Value in any of the forms mentioned above fail ing which the Employer shall be at l iberty to make such deductions towards Security Deposit from the Contractor 's Running Bil ls, and wil l , at al l t imes, ensure that the Security Deposit does not fal l below 10% (ten percent) of the gross value of the work, as reflected by the gross payments made to the Contractor, without taking into account any deductions. If the shortfal l in Security Deposit is discovered after completion of the work, the shortfal l shall be made good by the Contractor on demand from the Employer, fai l ing which, it wil l be recovered from any money(ies) due to the Contractor from the Employer under this contract or any other contract with the Corporation.

3.4 The Contractor, i f he so desires, can also furnish a ful l Security Deposit of 10% (ten percent) of the Total Contract Value towards faithful performance of the Contract, in one or more of the fol lowing modes: a) by Demand draft/Pay Order/Bankers Cheque drawn in favour of “NTPC Ltd.” payable at place mentioned in

SCC (Cheques shall not be accepted) or any other mode specified in SCC. b) If the Earnest Money Deposit has been made by Demand Draft , the Contractor may be permitted to

adjust the same towards part of the Init ial Security Deposit and pay the balance in the manner stipulated at (a) above.

c) By Bank Guarantee(s) in the prescribed form as included in the Tender Documents, from a Bank in

India acceptable to the Employer, provided the amount covered by such Bank Guarantee is not less than Rs.1,00,000.00/- (Rupees One Lakh only). The format of the said bank guarantee shall be in accordance with the format included in the Section VII (Forms and Procedures). This bank guarantee shall have an init ial validity upto ninety (90) days beyond the completion of Defect Liabil i ty Period of the Contract. However, in case the date of completion of defects l iabil i ty period gets extended, the validity of the Security Deposit shall be extended by the period of extension of completion of defects l iabil i ty.

d) Any other mode specified in the SCC/ITB.

3.5 If after completion of the work, the Total Contract Value falls below the Total Contract Value as indicated in the Letter of Award/Service Purchase Order/Acceptance of tender, such that the total Security Deposit in the hands of the Employer is in excess of the Total Security Deposit calculated at

10% (ten percent) of the reduced contract value, such excess amount, as is in the form of cash in the hands of the Employer, shall be refunded to the Contractor along with the Final Bil l .

If the Security Deposit furnished by the Contractor to the Employer in the form of Bank Guarantees, the Contractor shall be permitted to replace the Bank Guarantee(s) already submitted, by Bank Guarantee(s) to cover the reduced value of Security Deposit, at the time of f inal bi l l .

3.6 The Contractor shall from time to time at the request of the Employer suitably extend the validity of

any Bank Guarantee (whether furnished by way of Init ial Security Deposit or Security Deposit) for such period(s) as may from time to time be required by the Employer fai l ing which, without prejudice to any other right or remedy available to the Employer, the Employer shall be entit led to encash the Bank Guarantee.

4.0 The Engineer-in-Charge shall release/refund one half (50%) of the Security deposit refundable to the Contractor on completion of work. The Contractor shall alongwith his request submit the fol lowing:

(i) Work completion certif icate in terms of GCC clause 43 (i i) Reconcil iation of free issue material, i f any. (i i i) Reconcil iation of Statutory requirements of PF, ESI etc. as applicable, (iv) Submission of “Certif icate Regarding Labour Payments and Statutory Requirements”

The Contractor shall have to provide any other declaration forms required to be submitted.

The Engineer-in-Charge shall on demand from the Contractor release the balance security deposit

on expiry of the Defects Liabil i ty Period or on payment of the amount of the Final Bil l payable, whichever is later, provided the Engineer-in-Charge is satisfied that there is no demand outstanding against the Contractor, arising out of the Contract. The Contractor shall have to provide necessary declaration forms.

5.0 No interest shall be payable to the Contractor against the Security Deposit furnished/recovered by way of deductions from running account payments from the Contractor, by the Employer.

6.0 The Contract price shall remain firm throughout the contract period and wil l be NOT be subject to adjustment for price escalation during the performance of the Contract unti l unless specified otherwise in the SCC.

7.0 GST as applicable wil l be payable extra as per the applicable rates on production of documentary evidences.

8.0 The quoted/offered rate must be inclusive of al l taxes (except GST), duties and all other levies, employer's share of PF & Insurance charges, contractor's profit , cost of providing T&P and any other expenditure etc. and NTPC shall entertain no claim, whatsoever on these account. GST as applicable shall be paid extra for which the bidder have to submit the documentary evidence.

9.0 Unless exempted by Income Tax Officer, Income tax shall be deducted from all running account bil ls as per the income tax act - 1961 and its applicable amendments.

10.0 If applicable, the Sales Tax on turnover shall be deducted from the contractor's running bil ls as per UP Govt. Notif ication No.544 (2)-XVII-V-1-2- (KA)-9-1987 dated 27.04.1987 and its applicable amendments, i f any. NTPC shall not be l iable to pay any sales tax on "Works Contract" levied by UP Sales Tax Department, as it is the l iabil i ty/responsibil i ty of the contracting agency. The quoted/awarded prices shall include all such provisions.

11.0 Wherever technically feasible, the payments shall be released electronically only as per details of bank account indicated in the EFT Form by the Contractor duly certif ied by the Bank alongwith cancelled cheque. The Contractor shall hold the Employer harmless and Employer shall not be l iable for direct, indirect or consequential loss or damage sustained by the Contractor on account of any error in the information or change in bank details provided to the Employer in the prescribed form without intimation to Employer duly acknowledged.

12.0 If the payment due to the Contractor is made by the Employer by crossed account payee cheque, the

same shall be forwarded to the address given in the Service Purchase Order/Contract Agreement. 13.0 The execution of the Works shall commence from the date of award unless specified otherwise in the

Contract. 14.0 The entire scope of Work covered under this Contract shall be completed within the time stated in SCC

or within such extended t ime granted to the Contractor by the Employer under the provisions of GCC Sub-Clause 25.4. The time allowed for execution of the Works as specified in the SCC or the extended time in accordance with these Conditions shall be the essence of the Contract.

15.0 The Work to be carried out under the Contract shall be as delineated in Bidding Documents and shal l,

except as otherwise provided in these conditions, include all labour, materials, tools, plant, equipment, and transport which may be required in preparation of and for and in the ful l and entire execution and completion of the Works.

16.0 The Contractor shall comply with and give all notices required under any Governmental authority, instrument, rule or order made under any Act of Parl iament, State Laws or any regulation or bye-laws of any local authority relating to the Works. He shall before making any variation from the Contract necessitated by such compliance give to the Engineer-in-Charge a written notice giving reasons for the proposed variation and obtain the Engineer-in-Charge's instructions thereon, in wri t ing.

17.0 The Engineer-in-Charge may require the Contractor to remove from Site of Works or from any other

area of Work related to the Contract, any member of the Contractor personnel or work force who

(i) Persists in any misconduct or lack of care (i i) Performs his duties incompetently or negligently or otherwise carelessly (i i i) Fails to conform with any provisions of the Contract or (iv) Persists in any conduct which is prejudicial to the safety, health or protection of the Work

and environment. If appropriate, the Contractor shall appoint a suitable replacement within fourteen (14) days or within such period as may be agreed between the Engineer-in-Charge and Contractor

18.0 The Contractor shall unless otherwise provided in the Contract, make his own arrangement for

engagement of al l staff and labour, local or otherwise and for their payment, housing, transport, lodging and welfare as may be required by law and or by industry practice

19.0 During the entire period of Contract, the Contractor and his Sub-Contractors shall, at al l t imes abide by all existing labour enactments, rules made therein, regulations, notif ications and bye-laws by the appropriate government, local authority or any other labour laws or notif ication that may be issued under any labour law prevail ing as on the date seven (7) days prior to the date set for opening of the bids, published by the State or Central Government or Local Authorit ies.

20.0 The Contractor shall deploy labour in sufficient numbers to maintain the required rate of progress and of quality to ensure workmanship of the degree specified in the contract and to the satisfaction of the Engineer-in-charge.

21.0 The contractor shall be l iable to pay his contribution and the employees contribution to the State Insurance Scheme in respect of al l labour employed by him for the execution of the contract, in accordance with the provision of “The Employees State Insurance Act, 1948” as amended from time to time.

22.0 The Contractor, including his sub-contractors, while executing the Works, wil l strictly comply with the statutory requirements (including amendments thereof), as applicable, in respect of safety of his employees, equipment and materials as well as employees, equipment and materials of employer / other contractor / agencies.

23.0 To achieve the required rate of progress in order to complete the Works within the Time for Completion, the Contractor may carry on the work, round the clock, in multiple shifts per day, as may be necessary. The Contractor shall however be responsible for complying with all applicable laws in this regard.

24.0 No additional payment wil l be made on account of round the clock working in multiple shifts. 25.0 The Contractor shall extend all reasonable cooperation to other Contractors, agencies etc. of the

Employer engaged in connection with the Work or any other Work not in the scope of this Work as may be required by the Engineer-in-Charge.

26.0 The Contractor shall provide and maintain at his own expense all l ights, guards, fencing and watching when and where necessary or required by the Engineer-in-Charge for the protection of the Works or for the safety and convenience of those employed on the Works or the public.

27.0 The Contractor shall make necessary arrangement to prevent pollution. of the water in any adjacent water bodies including stream, springs, nallah, river and lakes etc. The Contractor shall be solely responsible and l iable for al l damage caused by any pollution that may take place during the execution of the Work.

28.0 The Engineer-in-Charge shall have the ful l powers in respect of al l the matters in connection with or arising out of this Contract, excepting those specifically reserved for the Employer. However, the Engineer-in-Charge shall not have any power to relieve the Contractor of any of his obligations and responsibil i t ies under the Contract.

29.0 Bil ls for progressive payments shall be submitted by the Contractor on monthly basis on or before the date fixed by the Engineer-in-Charge for the Work executed during the preceding period. The Engineer-in-Charge shall then arrange to have the bil l verif ied for payment. The Contractors is to submit al l related documents with the bil l to EIC as applicable l ike PF deposit receipt, ESI deposit receipt, Labour payment receipts, Insurance Cover (as per provisions given else where in the GCC). However, for the first RA bil l PF and ESI deposit receipt copy shall not be insisted upon.

30.0 The entire scope of Work covered under this Contract shall be completed within the time stated in SCC or within such extended t ime granted to the Contractor by the Employer under the provisions of GCC Sub-Clause 25.4. The time allowed for execution of the Works as specified in the SCC or the extended time in accordance with these Conditions shall be the essence of the Contract.

31.0 All the Contractor’s activi t ies shall be performed and completed strictly in accordance with the agreed Work Schedule and to achieve the targets, the Contractor shall have to plan adequate mobil ization of al l resources.

32.0 The Contractor shall arrange at his own expense all tools, plant and equipment including Crane(s) (hereinafter referred to as T&P) required for execution of the work.

33.0 The Engineer-in-Charge shall, except as otherwise stated, ascertain and determine by measurement the value of the Work done in accordance with the Contract.

34.0 The Contractor shall have to make arrangements for boarding and lodging of his employees/labour/staff at his own cost. NTPC shall NOT be providing any facil i ty for the stay of employees/labour/staff. He shall not be entit led to any payment on account of the expenditure incurred for boarding and lodging of employees/labour/staff. However, NTPC may provide any facil i ty i f available on fully chargeable basis.

35.0 The Contractor shall with the agreement of the Employer promptly remove from the site any ‘Scrap’ generated during performance of any activit ies at s ite in pursuance of the Contract.

36.0 The contracting agencies shall also comply and meet all the requirements of SA 8000-2008 standard. NTPC wil l veri fy the same through planned monitoring.

37.0 Fraud Prevention Policy: The Contractor alongwith their associate/collaborator/sub-contractor/sub-vendors/Consultants/service providers shall strictly adhere to the Fraud Prevention Policy of the Employer displayed on its tender website http://ntpctender.com. and shall immediately apprise the Employer about any fraud or suspected fraud as soon as it comes to their notice. A certif icate to this effect shall be furnished by the bidder along with his bid. If in terms of above policy it is established that the bidder/his representatives have committed any fraud while competing for this contract then the bid security of the bidder shall be forfeited. Please also refer attributes tab for acceptance.

38.0 We solicit your help to keep the ENVIRONMENT CLEAN Manager (Contracts) (Sign. of Contractor)

Letter of Undertaking

ANNEXURE-II

Ref: 08/CS6/TH/HSP/MIS/6859 Dated: / /2019

To

NNNTTTPPPCCC LLLIIIMMMIIITTTEEEDDD

National Capital Power Station, Dadri

P.O.-Vidyut Nagar, 201008,

Distt.- Gautam Budh Nagar (UP)

Dear Sirs,

1) I*/We* have read and examined the following bid documents relating to the “Bio-medical Waste Management at NTPC

Hospital Dadri”.

a) Instruction to Bidder’s Detail.

b) NIT No:

c) All the documents covered under head “Tender Documents”

d) Proforma for NO or Nil Deviation

e) Declaration of banning Policy.

f) Instructions to Bidders.

g) Form of Acceptance of Fraud Policy.

h) Special Conditions of Contract.

i) Safety Rules & Labour Laws.

j) Safety Check List- “A” Before Start of Maintenance Work.

k) Scope of Work & Terms and Conditions.

l) O&M GCC

m) General Conditions of e-tendering.

2) I*/We* hereby submit our tender and undertake to keep our tender valid for a period of 90 (Ninety) days from the date

of opening of tenders. I*/We* shall not vary/alter or revoke my*/our* Bid during the validity period of the Tender.

3) This undertaking is in consideration of NTPC agreeing to open my* /our* tender, consider and evaluate the same for

the purposes of award of work in terms of provisions of tender documents.

4) Should this tender be accepted, I*/We* also agree to abide by and fulfill and comply with all the terms, conditions and

provisions of the above mentioned tender documents.

To be uploaded online and digitally signed.

ANNEXURE-III

LABOUR LAWS

1.0 The contractor shall ensure that payments to the workers are made before 7th day of every month

with prior information to NTPC.

2.0 The contractor shall at his own expenses, carry out and maintain insurance as per State Insurance

Act 1948 (Up to date when application for its employees and shall indemnify and hold NCPS

harmless from liabilities, whatsoever, on this account.

3.0 The contractor shall comply with all the labour laws applicable for this contract and pay wages,

compensation and contributions in respect of its employees and its sub-contractor's employees, if

any, under the payment of Wages Act, 1936, Minimum Wages Act, 1948, Employers' Liability Act,

1947, Maternity Benefit Act, 1961, Mines Act, 1952 and Contract Labour Regulation and Abolition

Act, 1970 or any modifications thereof of any labour law thereto and rules made their under from

time to time.

4.0 Contractor shall provide the engineer in charge from time to time that he has taken all the insurance

policies referred to and has paid the necessary premiums for keeping policy alive till the expiry of

contract. In case he fails to take insurance policy as described action by Engineer in charge shall be

taken.

5.0 Worker's Compensation Act: In case of accident arising out of and in the course of employment,

contractor shall be responsible to pay compensation as per provision of the Workmen's

Compensation Act within the prescribed time. In any case in which by virtue of provision of

Section-XII, subsection-I of the Workmen's Compensation Act-1923 or any other law at that time

being in force, NCPS is obliged to pay compensation to a workman employed by the contractor in

execution of the work. NCPS/NTPC will recover from contractor any amount of compensation as

paid and without prejudice to the right of NCPS under Section-XII of subsection-II of the said act

or any other law for the time being enforce, NCPS shall recover such amount deducting it from the

security deposit or from any sum due by NCPS to the contractor whether this contract or

otherwise NCPS shall not be bound to contract any claim against it under section-XII, subsection-I

of the said act or any other law for the time being enforce except on the written request of the

contractor and upon his giving NCPS full security or all costs for which NCPS might become liable

to consequence of contesting such claims.

6.0 The contractor shall comply with all labour laws of Central Govt. or State Govt. as the case may be

and pay minimum wages as per minimum wages act to the workers as mentioned in the General

Conditions of Contract for O&M Works.

7.0 Taxes, labour laws, contract labour (Regulation & Abolition) Act 1970 and contractors labour

health regulation alongwith project medical scheme are applicable. The contractor shall agree to

and shall accept full & exclusive liability or the payment of any and all contributions and taxes or

unemployment compensation, insurance and old age to pensioner annuities or hereafter imposed by

any central or state govt. or local authority which are imposed to or covered the wages, salaries or

other compensation paid to person employed by the contractor and his subcontractor and the

contractor shall be responsible for the compliance with all obligations and restrictions imposed by

the labour laws or any other laws effecting employer employees relations.

8.0 It shall be the responsibility of the contractor to give medical treatment to the injured workmen who

may meet with an accident arising out of or during the course of employment. In case, the

contractor fails to give medical treatment, NTPC shall do so and shall recover the expenditure on

account of medical treatment and any other payment made to the workmen under any State/Board

Regulation from the contractor, if any.

9.0 In case of the contractor has deployed 20 or more worker on any day of the preceding twelve month

or is likely to deploy 20 or more workmen, he shall have to apply for the license under contract

labour (Regulation & Abolition) Act 1970 before allowed to start the work.

10.0 The contractor shall allow weekly rest to his workers as per provisions of the factory act. However,

no work shall be left incomplete/unattended on any holiday/weekly rest day.

11.0 Employees Provident Fund:

11.1 The contractor shall abide by all the statutory rules, regarding provident funds as per GPF 1952

(up-to-date) and submit monthly statement to the Engineer-In-Charge with a certificate that

statement furnished is true and correct and no eligible employee has been excluded from the list.

11.2 The contractor shall also be liable to discharge all other statutory obligations that may be applicable

in the case including provident fund to his employees.

12.0 Minimum wages as notified by Central Government/state government whichever is

higher shall be applicable.

13.0 State Employee Insurance Act 1948:As per notification No.38013/49/2016-S.S.1 dtd 09.01.2017

of Labour Ministry,Govt. of India,State Employee Insurance Act 1948 is applicable in whole

geographical area of district Gautam Budh Nagar w.e.f 01.01.2017.Accordingly, the contracting

agency should ensure registration of all its employed workers under State Employee Insurance Act 1948 with immediate effect and fulfill all requirement of the act accordingly.

(Sign. of NTPC Representative) (Sign. of Contractor)

ANNEXURE-IV

FORM OF ACCEPTANCE OF

FRAUD PREVENTION POLICY

Ref.No.:08/CS6/HSP/MIS/6859

Name of Work: “Bio-medical Waste Management at NTPC Hospital Dadri”

To,

AGM(C&M),

VIDYUT NAGAR,NCPS DADRI,

Dist.Gautam Budh Nagar,

State of U.P, India

Ladies and/or Gentlemen,

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 associate/collaborator/ subcontractors/

sub-vendors/consultants/service providers shall strictly abide by the provisions of the Fraud Prevention

Policy of NTPC.

Yours faithfully,

Date: (Signature)__________________

Place: (Printed Name)________________

(Designation)_________________

(Common seal)_________________

ANNEXURE-V

Certificate for Compliance to All Provisions of Bidding Documents

(Certificate of "NIL" Deviation)

Sub.: “Bio-medical Waste Management at NTPC Hospital Dadri”

Bidder's Name and Address:

To

AGM (C&M)

NCPS DADRI,

G.B.NAGAR - 201008.

Dear Sir,

1. With reference to our Bid Proposal against this tender, we hereby confirm that we have read the

provisions of bidding documents alongwith its subsequent Amendment(s) / Clarification(s) /

Addenda/Errata and further confirm that our Bids (i.e. both Techno-Commercial Bid and Price Bid) are

strictly in conformity with the provisions of the Bidding Documents including its Amendments/

Clarifications / Errata / Revisions thereof and we have not taken any deviation to any of the

provisions of the aforesaid bidding documents.

2. Further, we agree that the entire work shall be performed as per the Technical Specifications and the

provisions of bidding documents.

3. We confirm that any deviation/ variation / additional conditions to the provisions of Bidding Documents

read in conjunction with its Amendment(s)/Clarification(s)/Addenda/ Errata found anywhere in our

Techno- Commercial Bid and Price Bid, implicit or explicit, save those pertaining to rebates offered,

stands unconditionally withdrawn, without any cost implication whatsoever to the Owner, failing which

the Bid Security be forfeited.

4. We hereby confirm that our Techno-Commercial Bid does not contain any Price content entry.

5. Further, we confirm that our Price Bid does not contain any matter in respect of Technical and / or

Commercial aspects other than the details specifically sought in the price Bid.

(To be uploaded online and digitally signed)

ANNEXURE-VI Name of Package: “Bio-medical Waste Management at NTPC Hospital Dadri”

Project: NCPS DADRI

(DECLARATION ON BANNING POLICY)

Bidder’s Name and Address:

To

NTPC Limited

1) We have read the contents of the banning Policy of NTPC attached with this Bidding documents and agree

to abide by this policy. Further, in terms of requirements under Banning Policy we hereby declare the

following:

a) We have not been Banned/Blacklisted as on date of submission of bid by Ministry of Power or

Government of India.

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.

2) We further declare as under:

that if any point subsequent to award off contract, the declaration 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.

Yours Faithfully,

Date: (Signature)…………....

Place :( Printed Name)………

(Designation)…………

(Common Seal)………

NOTE: Please refer our website:www.ntpctender.com for details banning policy

ANNEXURE-VII

Scope of work, Terms & Conditions

01. The service provider will supply color coded polythene bags to the waste generator for packing of Bio-Medical Waste. The bags should have emblem of Bio Hazardous waste material.

02. 15 bags each of 03 different colors to be provide every day. Thus a total of 45 no. of standard size bags are to be provided every day to NCPS Hospital.

03. The vendor shall supply 60 no. of dustbins, i.e. 15 each of Blue, Yellow, Red and White for sharp waste & also supply Hypo chloride solution for disinfection of sharp waste.

04. The Bio-Medical Waste shall be collected on each working day by.

05. If it happened to be Sunday/Gazetted Holiday the BMW (Bio Medical Waste) shall be collected the next day & under no circumstance there shall be a gap of more than 1 day for collection of BMW.

06. The scope of work include collection, receipt, transportation storage, treatment & disposal of Bio-Medical waste generated by Medical Institution for all categories i.e. 1 to 10 of schedule is on Bio-Medical waste rules 2016 including category no. 8 i.e. Liquid Waste as per direction of officer-in-charge.

07. The waste generators responsibility will cease once the segregated. BMW duly packed labeled has been handed over to the service provider. It is specifically agreed & understood that compliance of the BMW Management & Handling Rules 2016 during transportation & disposal shall be exclusive responsibility of the service provider.

08. The payment shall be done every month.

09. The contract shall be for the period of Three Years.

10. The party should be authorized by UPPCB for disposal of BMW & shall submit a document of this effect at the time of submission of tender enquiry.

11. The vendor should provide 30 no. of display charts regarding proper method of disposal of Bio-Medical Waste.

12. Barcode mechanism for Bio-Medical waste handling as per BMW rules 2016 to be strictly adhered.

13. a) BOQ SL.No.-10 & SL.No.-20 for First year of contract.

b) BOQ SL.No.-30 & SL.No.-40 for Second year of contract.

c) BOQ SL.No.-50 & SL.No.-60 for Third year of contract.

ANNEXURE-VIII

General Conditions – e-tendering Through GEPNIC

1.0

NTPC Limited, a Govt. of India Enterprise referred to herein as ‘the Owner’ incorporated in the

year 1975 to accelerate power development in the country. NTPC is the largest power utility in

the country.

NTPC intends to engage an agency for supply of equipments / items cum services at it’s

operating Power Stations as per specifications , Scope of Work’ as detailed in the Bid

Documents.

2.0

GENERAL

INFORMATIONS

The bidders are requested to send following documents in sealed envelopes well

in advance so as to be received by the respective officer before the scheduled

date of submission closing date and time of bids as described in the time

schedule in Notice Inviting Tender failing which bid is liable for rejection.

� EMD in form of DD/BC/BG IF ANY

� Authorization of OEM ( if any ) *

� NSIC / SSIDC certificate ( if any ) **(TO BE ACCEPTED &

SUBMIT DIGITALLY SIGNED through online)

* Where ever Bid is submitted on behalf of OEM and is authorized by OEM.

The certificate of Authorization as per format at Annexure-I to this

document is to be submitted along with EMD.

** For exemption towards submission of EMD , bidder shall have to submit

necessary certificate.

NTPC shall not be liable for loss/non-receipt/late receipt of EMD in postal transit.

a) The prospective Bidders are invited to submit a “Technical & Commercial

Proposal” and “Price Proposal” for the package. Methodology for submission of

proposal has been detailed hereunder in this document.

b) Vendors who fulfill the qualifications mentioned in“Qualifying Requirements” (if

any) of the tender are only eligible to participate in the tender.

c) In case of Open Tender, the bidder, who has paid the Tender Fee, is only

eligible for participating in the bidding. The Bid documents are not

transferable.

d) If tender enquiry is passed on to an agent / dealer duly authorized by the

vendor, to whom enquiry was sent originally (Limited/single tender), a proper

letter of authority should be sent in advance along with EMD (Earnest Money

Deposit) submission by the party authorized to quote by OEM / OES as per

the format at Annexure I to this tender document.

e) Small Scale Industries (SSI) units registered under Single Point Registration

System with NSIC and SSI units registered with State Small Industries

Development Corporation (SSIDC) of the state where the Purchase is being

made shall be

i) issued the bid documents free of cost;

ii) exempted from paying Earnest Money Deposit

Bidders seeking exemption should submit photocopy of valid registration certificate

preferably attested by Gazetted Officer/ Ist Class Magistrate, giving details such as

validity, stores and monetary limits, failing which they run the risk of their bid

being passed over as ineligible for this concession.

DEFINITIONS

Unless the context otherwise requires, the following terms whenever used

in this Contract have the following meanings:

“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).

“Contract” means the Contract signed by the parties, to which these

Conditions of Contract (CC) are attached together with all the documents

listed in such signed Contract.

“Contract Price” means the price to be paid for the performance of the

Services, in accordance with the payment terms, subject to such additions

and adjustments thereto or deductions there from, as may be made

pursuant to the Contract.

“Government” means the Government of the Owner’s country i.e.

INDIA.

“Local Currency” means the currency of the Government of India.

“Party” means the Owner or the Bidder, as the case may be, and

“Parties” means both of them.

“Personnel” means persons hired by the Bidder as employees and

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

“Services” means the work to be performed by the Bidder pursuant to

this Contract, as described in the detailed Terms of Reference; and

Law Governing the Contract

This Contract, its meaning and interpretation, and the relation between

the Parties shall be governed by the Applicable Law.

Language

English shall be the binding and controlling language for all matters

relating to the meaning or interpretation of this Contract.

3.0

AMENDMENT OF

BIDDING

DOCUMENT

� At any time prior to the deadline for submission of the Bids, the

Owner may amend the Bidding Documents by issuing addenda.

� Any addendum issued shall be part of the Bidding Documents

and shall be communicated through mail

� To give prospective Bidders reasonable time in which to take an

addendum into account in preparing their Bids, the Owner may,

at its discretion, extend the deadline for the submission of the

Bids

4.0

PREPARATION OF

BID PROPOSALS

• The bidder is requested to understand the work properly before quoting

the rates.

• Proposals shall be complete in all respect and shall be submitted on line

with requisite information. It shall be free from any ambiguity.

An authorised representative of the firm shall digitally sign all the

documents attached in the c Folders of the proposal. For preparation of

Proposals, Bidders are expected to examine the bidding documents in

detail. Material deficiencies in providing the information requested may

result in rejection of the proposal.

5.0

LANGUAGE OF BID

The Bid, as well as all correspondence and documents relating to the Bid

exchanged by the Bidder and the Owner, shall be written in English.

Supporting documents and printed literature that are part of the Bid may be

in another language provided they are accompanied by an accurate

translation of the relevant passages in English, in which case, for purposes

of interpretation of the Bid, such translation shall govern.

DOCUMENTS

COMPRISING THE

BID

Please refer tender documents as attached

6.0

RELEASE OF EMD

AS PER TENDER DOCUMENTS

7.0

PRICE PROPOSAL

� For preparation of the ‘Price Proposal”, Bidders are expected to take

into account, the requirements and conditions of the bidding

documents. The Prices are required to be filled in the relevant

fields in the ‘Item Data’ tab in Bid preparation screen.

� All prices to be quoted by the Bidders will be in Indian Rupees or in

the stipulated bid currency only on firm price basis and shall remain

valid during the currency of the Contract.

8.0 CERTIFICATE

REGARDING

ACCEPTANCE OF

IMPORTANT

CONDITIONS

No deviation, whatsoever, is permitted by the Owner, to the provisions of

the Bidding Documents listed under “NO Deviation Statement”. The

bidders are advised that while making their Bid Proposals and quoting

prices, these conditions may appropriately be taken in to consideration.

Bidders are required to indicate their compliance to the above Important

Conditions by selecting ‘Yes’ in the ‘Attribute’ tab in ‘General Data’ tab.

Unless bidder accepts the provisions of these conditions, the bid can not be

submitted.

9.0

CLARIFICATION OF

BIDS

To assist in the examination, evaluation, comparison and qualification of

the Bids, the Owner may, at its discretion, ask any Bidder for a

clarification of its Bid. Any clarification submitted by a Bidder with regard

to its Bid and that is not in response to a request by the Owner shall not

be considered. The Owner’s request for clarification and the response

shall be in writing through mail. No change in the prices or substance of

the Bid shall be sought, offered, or permitted.

10.0

DETERMINATION OF

RESPONSIVENESS

The Owner’s determination of the responsiveness of a Bid is to be based

on the contents of the Bid itself.

The Owner shall examine the technical aspects of the bid in particular, to

confirm that all requirements of Technical Specifications have been met

without any material deviation or reservation.

11.0

COMPARISON OF

BIDS

The Owner shall compare all substantially responsive bids to determine the

lowest-evaluated bid.

12.0

CONFIDENTIALITY

a. Information relating to the examination, evaluation, comparison, and

qualification of Bids, and recommendation of contract award, shall

not be disclosed to Bidders or any other persons not officially

concerned with such process.

b. Any attempt by a Bidder to influence the Owner in the examination,

evaluation, comparison, and qualification of the Bids or Contract

award decisions may result in the rejection of its Bid.

13.0

OWNER’S RIGHT TO

ACCEPT ANY BID,

AND TO REJECT

ANY OR ALL BIDS

The Owner 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 Bidders.

14.0

CONTRACT a. The Owner shall send to the successful Bidder, the Notice of

Award/Letter of Award/Purchase Order.

i) Within fifteen (15) days of receipt of the Notice of Award/Letter of

award/Purchase Order, the successful Bidder shall sign and return it to

the Owner with official stamp.

ii) Successful bidder on whom Contract/LOA/Purchase Order is placed

shall here after be called Supplier/Contractor.

15.0 CONTRACT PRICE The Contract Price shall be as specified in the Purchase Order / LOA /

NOA.

16.0

AUTHORISED

REPRESENTATIVE

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

or permitted to be executed, under the Contract by the Owner or the

Bidder may be taken or executed by the officials authorised for the

purpose.

17.0

MODIFICATION of

Contract.

Modification to the terms and conditions of the Contract, may only be

made by written agreement between the Parties.

18.0

FORCE MAJEURE

• “Force Majeure” shall mean any event beyond the reasonable control of

the Owner or the Supplier, as the case may be, and which is

unavoidable notwithstanding the reasonable care of the party affected.

• If either party is prevented, hindered or delayed from or in performing

any of its obligations under the Contract by an event of Force Majeure,

then it shall notify the other in writing of the occurrence of such event

and the circumstances there of within fourteen (14) days after the

occurrence of such event.

• The party who has given such notice shall be excused from the

performance or punctual performance of its obligations under the

Contract for so long as the relevant event of Force Majeure continues

and to the extent that such party’s performance is prevented, hindered

or delayed. The Time for Completion shall be extended by a reasonable

time.

• The party or parties affected by the event of Force Majeure shall use

reasonable efforts to mitigate the effect there of upon its or their

performance of the Contract and to fulfill its or their obligations under

the Contract, but without prejudice to either parties’ right to terminate

the contract under clause (f) here under.

• No delay or nonperformance by either party hereto caused by the

occurrence of any event of Force Majeure shall

◦ constitute a default or breach of the Contract

◦ give rise to any claim for damages or additional cost or expense

occasioned thereby

If and to the extent that such delay or nonperformance is caused

by the occurrence of an event of Force Majeure.

• If the performance of the Contract is substantially prevented, hindered

or delayed for a single period of more than sixty (60) days or an

aggregate period of more than one hundred and twenty (120) days on

account of one or more events of Force Majeure during the currency of

the Contract, the parties will attempt to develop a mutually satisfactory

solution, failing which the dispute shall be resolved in accordance with

Clause 52.0 of Volume- M I-A (GPC).

• Not withstanding clause (e) above, Force Majeure shall not apply to any

obligation of the Owner to make payments to the Supplier herein.

19.0

NO BREACH OF

CONTRACT

The failure of a Supplier to fulfill any of its obligations under the Contract

shall not be considered to be a breach of or default under this 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.

20.0

SETTLEMENT OF

DISPUTES

If any dispute(s)or difference(s) of any kind whatsoever arise between

the Parties hereto in connection with or arising out of this Contract, the

Parties hereto shall negotiate with a view to its amicable resolution and

settlement. In the event no amicable resolution or settlement is reached

within a period of thirty(30) days from the date on which the dispute(s)or

difference(s) arose, such dispute(s) or differences shall be referred to and

settled by arbitral tribunal comprising of three(3) arbitrators, one to be

appointed by each party, the third arbitrator to be appointed by both the

arbitrators. In case of difference(s), the third arbitrator shall be appointed

by the Hon’ble Chief Justice of Delhi High Court or the Institution or the

Authority nominated/authorized by him in this regard.

The arbitration proceedings shall be in accordance with the prevailing

Arbitration Laws of India as amended or enacted from time to time. The

existence of any dispute(s) or difference(s) or the initiation or continuance

of the arbitration proceedings shall not permit the Parties to postpone or

delay the performance by the parties of their respective obligations

pursuant to this Contract. The venue of the arbitration shall be Delhi,

India.

21.0

NOTICES

Any notice, request, or consent sought pursuant to the tender shall be in

writing and shall be deemed to have been made when delivered in person

to an authorized representative of the Party to whom the communication

is addressed, or when sent by speed post, telex, telegram, or facsimile to

such Party i.e. Owner or Bidder.

22.0

TERMINATION

The Owner may terminate the 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 Owner may have

subsequently approved in writing:

b) if the Bidder becomes insolvent or bankrupt;

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

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

days; or

d) if the Bidder, in the judgment of the Owner, has engaged in corrupt or

fraudulent practices in completing or in executing the Contract.

For the purpose of this clause:

“Corrupt Practice” means the offering, giving, receiving or soliciting of

any thing 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 Owner.

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

23.0 TAXES & DUTIES

a) GST shall be paid extra by NTPC.

b) If rates of any Tax are increased or decreased, a new Tax is

introduced or an existing tax is abolished after the seven days prior to

date of bid opening, the same shall be to Purchasers account. However,

any change in Taxes applicable on the transaction between Supplier and

his principals/sub-vendors/Suppliers shall not be subject to

adjustment/payment.

24.0 Tax deduction at

Source

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

25.0 PAYMENTS TO THE

BIDDER

Payment will be made to the account of the bidder and according to the

payment terms stated hereunder based on the certification of Engineer In

Charge. The payments shall be made after the conditions listed for such

payment have been met, and the Bidder has submitted an invoice to the

Owner specifying the amount due. Payment shall be released within 30

days of receipt of invoice complete in all respect as per Payment terms

mentioned in SCC

26.0 PROCEDURE OF

PAYMENT

Payment shall be released on submission of invoice in quadruplicate along

with supporting documents on certification by the Engineer-in-Charge.

27.0 FRAUD

PREVENTION

POLICY

NTPC has a fraud prevention policy, therefore bidders are advised that

“they along with its associate / collaborator / subcontractors / sub-

vendors / consultants / service providers shall strictly adhere to the Fraud

policy of Owner displayed on its tender website

http://www.ntpctender.com and shall immediately apprise the Owner

about any fraud or suspected fraud as soon as it comes to their notice. A

certificate to this effect shall be furnished by the bidder along with his bid”