panipat thermal power station - hpgclhpgcl.gov.in/docfiles/hpgcl62838.pdf · xen/bmd-vi unit-8 for...

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PANIPAT THERMAL POWER STATION (A Unit of Haryana Power Generation Corporation Ltd)

(An ISO: 9001, ISO: 14001 & OHSAS: 18001 Certified Company) (Regd. Office: Urja Bhawan, Sector-6, Panchkula

Telefax 0180-2566768 Web site www. hpgcl.gov.in

HPGCL

1X 210 MW Unit-6 & 2x250 MW UNITS- 7 & 8 PANIPAT THERMAL POWER STATION,

PANIPAT

ALLOCATION/UTILIZATION OF DRY FLY ASH

DOCUMENT CONTAINING TERMS & CONDITIONS FOR ALLOCATION/UTILIZATION OF DRY FLY ASH

NIT NO. 17/2011-12/BMD-8/176

XEN/BMD-VI UNIT-8

FOR CHIEF ENGINEER/PTPS2 H.P.G.C.L, Panipat

JUNE – 2011

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PANIPAT THERMAL POWER STATION (A Unit of Haryana Power Generation Corporation Ltd)



HPGCL

1x210 MW Unit-6 & 2x250 MW (UNITS- 7 & 8) PANIPAT THERMAL POWER STATION,

PANIPAT

ALLOCATION/UTILIZATION OF DRY FLY ASH

DOCUMENT CONTAINING TERMS & CONDITIONS FOR ALLOCATION/UTILIZATION OF DRY FLY ASH

NIT NO. 17/2011-12/BMD-8/176

ISSUED TO

____________________________

____________________________

____________________________

____________________________

XEN/BMD-VI UNIT-8

FOR CHIEF ENGINEER/PTPS-2 H.P.G.C.L, Panipat – 134109

TELEPHONE NO. 0180-2566859

JUNE – 2011

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HPGCL INDEX

Sr. No. Description Page No.

1. NIT 4-5

2. Project Information & Definitions 6-7

3. Instructions to Bidders 8-10

4. Earnest Money Deposit (EMD) 11

5. Qualification Criteria 11-12

6. Special Terms & Conditions 13-17

7. Annex-I Price Quoting Sheet

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8. Annex-II (Undertaking for use of Dry Fly ash) 19

9. Annex-III (Check List) 20

10 Annex-IV (Performa Of Bank Guarantee For Contract Performance)

21-23

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PANIPAT THERMAL POWER STATION HPGCL (A Unit of Haryana Power Generation Corporation Ltd)



INVITATION OF BID FOR SUPPLY OF DRY FLY ASH FROM UNIT -6, 7 & 8 PTPS, PANIPAT

NIT NO. 17/2011-12/BMD-8/176 HARYANA POWER GENERATION CORPORATION LIMITED (HPGCL) intends to promote utilization of Dry Fly Ash as resource material. To facilitate this, HPGCL wishes to enter into agreements for supply of Dry Fly Ash to existing/ prospective users of fly ash. HPGCL thus invites Bids from interested parties for supply of Dry Fly Ash from 210 MW Unit-6 & 2X250 MW units 7 & 8, Panipat Thermal Power Station, Panipat for a period of three years.

1. Scope of Supply: The fly ash shall be supplied to the interested buyers from the designated delivery

point(s) i.e. ash Silo chute. The buyer(s) shall make arrangements for taking delivery in their own bulkers or closed trucks only. The quantities available for supply from Panipat Thermal Power Station is brought out as under:

Sr. No

Power Station/Location Unit No.

Approx. availability of dry fly ash in Metric Tons per Year

Delivery Point

1. PTPS, Panipat Haryana.

7&8 6.0 lac MT/annum Silo inside/outside Plant 2 6 3.6 lac MT/annum

Total 9.6 lac MT/annum

2 Bid Documents: The Tender Documents containing detailed terms & conditions can be purchased from the office of XEN/BMD-VI Unit-8 during working days as per details given below

a. Period of issue during working days

: 09.06.2011 to 27.06.2011 from 10 AM to 5 PM.

b. Last date of submission of tenders

: 28.06.2011 on or before 13.00 Hrs.

c. Date & Time of opening of Part-I

: 28.06.2011 at 15.00 Hrs.

d. Cost of Document : Rs. 5660/- including taxes in cash or Demand Draft payable in favour of Sr. A.O./ O&M-II Payable at Panipat.

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e. EMD : i) Rs. 8.00 lacs for Bid Quantity from 1 lac MT/annum to 2 lacs MT/annum

ii) Rs. 16.0 Lacs for Bid Quantity > 2 lac MT/annum to 4 lac MT/annum

iii) Rs. 24.0 lacs For Bid quantity > 4 lacs MT/annum to 6 Lacs MT/annum

iv) Rs.35.0 lacs For Bid quantity > 6 lacs MT/annum

3 Qualifying Requirements: a. Bidders shall be individual Partnership firm or a company. b. Average turnover of the bidders for the last three financial years should be at least i) Rs. 25 Lacs/annum for bid quantity from 1 lac MT/annum up to 2 lacs

MT/annum, ii) Rs. 50 Lacs/annum for bid quantity >2 lacs MT/annum up to 4 lacs MT/annum, iii) Rs. 75 Lacs per annum for Bid quantity > 4 lacs MT/annum up to

6 lacs MT/annum iv) Rs. 1 crore per annum for Bid quantity > 6 lacs MT/annum c. In case of newly formed firm/company the turnover of the major shareholder/promoter

shall be considered. d. At the time of submitting the bid documents, bidders shall submit an undertaking of

utilizing the Fly Ash in Cement, Construction or any other Ash based product/Industry

Note: - Balance Sheet Audited balance sheets showing the business turnover and profit & loss account for

last three financial years should also be submitted along with the proposal. (Individual or a partnership firm or a company not falling under statutory requirement of audit, has to submit a certificate from Chartered Accountant certifying the average turnover of the last three Financial Years).

4 EMD : a) Bidders are required to submit the EMD of the requisite amount in form of DD in

favour of Sr. A.O./O&M-II payable at Panipat b) Bids not accompanied by the requisite EMD in separate envelope or bids

accompanied by inadequate value shall be rejected. 5 The tender documents containing detailed terms and conditions can also be

downloaded from HPGCL website www.hpgcl.gov.in. The bidder shall submit a separate demand draft towards cost of tender documents along with Part-I offer in case of use of downloaded tender set.

6 The firm has the option of sending the tenders by registered post/ speed post or by submitting the same in person. The tenders submitted by fax/ telex/ telegram will not be accepted under any circumstances whatsoever. In case the last date of receiving/opening of requests happens to fall on a holiday, the next working day shall be the date of receiving requests.

7 HPGCL reserves the right to reject any/ all tenders without assigning any reason whatsoever.

8 Chief Engineer / PTPS-2 reserve the right to cancel the NIT or to change qualifying requirement without assigning any reason.

9 For accepting tenders, the decision of HPGCL will be final in respect of qualifying requirement

10 HPGCL reserves the right to increase or decrease the quantity of Dry Fly ash to be allocated without assigning any reason.

XEN/BMD-VI Unit-8 For CE/PTPS-2 HPGCL, Panipat

http://www.hpgcl.gov.in/

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HPGCL

PROJECT INFORMATION

Haryana Power Generation Corporation Limited (HPGCL) (An ISO: 9001, ISO: 14001 &

OHSAS: 18001 Certified Company) have 1367.8MW Panipat Thermal Power Station,

Panipat. The location of project site is Near Village Assan district Panipat, Haryana. The

Site is 12 KMs from NH-1. The nearest Railway Station is Assan on the Panipat-Jind section

of Northern Railway at a distance of 2 Km from Site.

INTRODUCTION :-

Haryana Power Generation Corporation Limited (HPGCL) having its Corporate Office

at Urja Bhawan, C-7, Sector 6, Panchkula (herein after called HPGCL) shall allocate the dry

fly ash from the Silos inside/outside the plant from 1X210 Unit-6 & 2X250MW UNIT 7&8

Panipat Thermal Power Station, Panipat. HPGCL will receive request /offers for allocation

of dry fly ash from the firms / the users and the firms/the users shall take the delivery of dry

fly ash from the designated delivery point ash silos of the stations in their own covered

vehicles. The total availability of dry fly ash in MT is as under:-

Sr. No

Power Station/Location Unit No.

Approx. availability of dry fly ash in Metric Tons per Year

Delivery Point

1. PTPS, Panipat Haryana.

7&8 6.0 lac MTPA Silo inside/outside Plant 2 6 3.6 lac MTPA

Total 9.6 lac MTPA

DEFINITION OF TERMS

(i) 'Owner' shall mean Haryana Power Generation Corporation (HPGCL) on whose

behalf NIT is issued by the Chief Engineer and shall include his successor and

assigns as well as his authorized officers/representatives.

(ii) 'Engineer' shall mean Chief Engineer/ PTPS -2 or his duly authorized

representatives.

(iii) 'Firm' shall mean party /the company/ the agency who is submitting the offer

against this NIT and shall include their heir, legal representatives, successors and

permitted assigns.

(iv) 'Project' shall mean the PTPS-2 Panipat.

(v) 'Site' shall mean be actual place of the proposed project as detailed in the

document.

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(vi) „Financial Year‟ shall mean from 1st of April of the year to 31st of March of the

next year

(vii) 'Month' shall mean the calendar month.

(viii) „Monthly Allocation or monthly allocated quantity‟ shall mean the allocated

quantity of Dry Fly ash for a month or part there of calculated on prorata basis.

(ix) 'Contract' shall mean the offer and the associated terms and conditions accepted

by owner and the firm including other documents agreed between the parties.

(x) „Date of Contract‟ shall mean the calendar date on which the owner and the firm

have signed the contract.‟ Effective date of contract shall mean the calendar date

on which the owner have issued to the firm the letter of allocation of Dry Fly Ash.

(xi) 'Contract' period shall mean the period for which the contract shall be executed

as agreed between the owner and the firm in the contract.

(xii) 'Notice' in Writing ' or Written Notice' shall mean a notice in written, typed or

printed characters sent (unless delivered personally or otherwise proved to have

been received) by registered post to the last known private or business address

or registered office of the addressee shall be deemed to have been received

when in the ordinary course of post it would have been delivered.

(xiii) 'Act of Insolvency' shall mean any Act of Insolvency as defined by the Presidency

Town insolvency Act, or the Provisional Insolvency Act or any amending statute.

(xiv) „Metric Tonne‟ (MT) shall mean 1000kgs.


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HPGCL INSTRUCTIONS FOR BIDDERS 1. Mode of Submission of offer:-

The bids for allocation of dry fly ash shall be submitted in two Parts accordance with the

procedure detailed hereunder:-

(i) Part-I bid should be submitted in sealed envelope consisting of following

sealed envelopes & super scribing as “Part-1 bid for NIT No17/2011-

12/BMD-8/176”.

a. Envelope -1 should have cost of tender documents if tenders are downloaded

from web. The envelope should be super scribed as “cost of tender

documents for NIT No17/2011-12/BMD-8/176.”

b. Envalope-2 should have EMD. The envelope should be super scribed as

“EMD for NIT No17/2011-12/BMD-8/176.”

c. Envalope-3 should have proof of qualifying criteria duly attested by Notary

Public. The envelope should be super scribed as “Qualifying Criteria for NIT

No17/2011-12/BMD-8/176.”

d. Envalope-4 should have copy of the tender documents duly signed & stamped

in token of acceptance of terms & conditions & undertaking regarding use of

Dry Fly ash on NJSP of appropriate value duly attested by Notary Public.

Bidders may also submit deviation if any on a separate page clearly indicating

as “Deviations” otherwise it will be presumed that bidders have accepted all

the terms & condition of the NIT. The envelope should be super scribed as

“Technical Bid for NIT No17/2011-12/BMD-8/176.”

(ii) Part-II bid should be submitted in separate sealed envelope super scribing as

“Price bid for NIT No17/2011-12/BMD-8/176”. The price bid is to be

submitted as per annexure-I. The Bids not quoted as per Annexure-I are likely

to be rejected.

(iii) Part-I & Part-II bid should be sealed in a separate Envelope of adequate size

& super scribed as “Bid for. NIT No17/2011-12/BMD-8/176” and addressed

to XEN/BMD-VI Unit-8, PTPS, Panipat.

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(iv) While opening the bid, the envelope containing Earnest Money Deposit & cost

of tender documents shall be opened first and in case the Cost of tender

documents & Earnest Money Deposit is found in accordance with the terms of

NIT only then the other envelopes containing qualifying criteria/Technical bid

will be opened.

2 Validity of Bid:-

Bids should be valid for a period of 120 days from the date of opening of Part-II i.e

Price bid.

3 Late Bids:-

Any bid received by PTPS after the dead line for submission of the bids prescribed in

NIT or corrigendum issued thereof will be rejected. HPGCL will not be responsible for

late receipts of bids due to postal delay or other reasons.

4 Opening of Bids:-

Part-1 of the Bids submitted will be opened on prescribed date & time as mentioned

in NIT or corrigendum issued thereof in the office of XEN/BMD-VI Unit-8 in presence

of the bidders or their authorized representatives who may like to be present.

5 The bids received late or without Earnest Money Deposit or not in properly sealed

cover or telegraphically or not in conformity with the terms & conditions or incomplete

in any respect will be rejected out rightly.

6 The bids for allocation of dry fly ash shall be strictly as per terms & conditions and

deviations taken if any shall be listed on a separate sheet.

7 The each page of the original document containing terms and condition for allocation/

Utilization of dry fly ash issued or downloaded shall be submitted with the request /

offer for allocation of dry fly ash duly signed of the authorized personnel of the firm

and stamped in token of acceptance of terms and conditions of the NIT.

8 The request / offer for allocation of dry fly ash shall be accepted only from those firms

who purchase the document containing terms and conditions for allocation /utilization

of dry fly ash or download the same from official HPGCL website i.e ww.hpgcl.gov.in.

Bids not accompanied by the requisite EMD in separate envelope or bids

accompanied by inadequate value shall be rejected.

9 The cost of fly ash /MT quoted should be indicated in figures as well as in words. In

case of any discrepancy/ ambiguity the amount given in words shall be taken as

correct.

10 The right of acceptance of bids for allocation of dry fly ash will rest with the HPGCL

who does not bind itself to accept the highest offer and reserves to itself the authority

to reject any or all of the offers received without assigning any reason. All offers in

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which any of the prescribed conditions are not fulfilled, or are incomplete in any

respect are liable to be rejected.

11 Canvassing in connection with bid is strictly prohibited and the bid submitted by the

firms who resort to canvassing will be liable to rejection.

12 The bid should be complete in all respects and should be written in unambiguous

language. The bids should also be in conformity with the terms & conditions. No

clarifications, additions, alterations, etc. given by the firms after the opening of the

bids for allocation of dry fly ash will be entertained. Special care should be taken to

write the cost of fly ash in figures as well as in words and the amount should be

written both in figures and in words. In case of figures, the word „Rs‟ should be written

before the figures of rupees and word „p‟ after the decimal figures e.g. „Rs.‟ 2.15p‟

and in case of words the word „Rupees‟ should precede and the word „paise‟ should

be written at the end. Unless the rate is whole rupees and followed by the word „only‟

it should invariably be up to decimal places. In case of discrepancy, the rates written

in words shall be taken as correct.

13 All the entries by the authorized personnel should be in one ink and legibly written. All

over-writings, corrections and cuttings shall bear dated initials of the authorized

personnel. Corrections should be made by writing again instead of shaping or over-

writing. Do not use white fluid / whitener for making corrections.

14 No one shall be permitted to bid for the allocation of dry fly ash where any of his near

relatives is posted to deal with the day to day duties involving passing of bill, etc. and

who is working in any capacity requiring him to give instructions/advice and in

particular any officer/officials of the Corporation including the members of the

contractors for HPGCL and the work entrusted to him may be terminated thereof

without any compensation whatsoever.

Note: - By the term near relatives is meant, wife/husband, parents and grand

parents, children including adopted children, brothers and sisters, uncles and cousins

and their corresponding in-laws. The firms shall give a list of officers and employees

of HPGCL related to him.

15 The firm shall submit its bid of fly ash charges for supply of dry fly ash for a single

highest quantity of the Fly Ash on the prescribed form as per Annex-I. Bids not

submitted as per prescribed form are likely to be rejected.

16 The bidders shall submit an undertaking of utilizing the Fly Ash in Cement,

Construction or any other Ash based product/Industry.


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HPGCL GENERAL CONDITIONS

1 Earnest Money Deposit (EMD):-

(a) Bids not accompanied by the requisite EMD in separate envelope or bids

accompanied by inadequate value shall be rejected.

(b) Bidders are required to submit the EMD of the requisite amount as given

below in form of DD in favour of Sr. A.O./O&M-II payable at Panipat

i) Rs. 8.00 Lakhs for Bid Quantity from 1 lac MT/annum to 2 lac MTPA.

ii) Rs. 16.0 Lakhs for Bid Quantity > 2 lac MTPA to 4 lac MT/annum

iii) Rs. 24.0 lakhs For Bid quantity > 4 lacs MTPA to 6 Lacs MTPA

iv) Rs. 35.0 lakhs For Bid quantity > 6 lacs MTPA

(c) Earnest Money Deposit shall be forfeited in case of withdrawal or modification

of any offer within the validity period after opening of the offer.

(d) Earnest Money Deposit of the successful firm whom the dry fly ash allocated

shall be converted into Contract Performance Guarantee for satisfactory

execution of the contract.

(e) Earnest Money Deposit of the firms, whom dry fly ash is not allocated, shall

be refunded within 60 days of the finalization of allocation of dry fly ash.

2 Qualifying Criteria:-

The qualification criteria shall be as under:-

e. Bidders shall be individual, Partnership firm or a company.

f. Average turnover of the bidders for the last three financial years should be at

least

v) Rs. 25 Lakhs/annum for bid quantity from 1 lac MTPA up to 2 lacs MT/annum,

vi) Rs. 50 Lakhs/annum for bid quantity >2 lac MTPA up to 4 lacs MT/annum,

vii) Rs. 75 Lakhs per annum for Bid quantity > 4 lac MTPA up to 6 lacs MT/annum

viii) Rs. 1 crore per annum for Bid quantity > 6 lacs MT/annum

g. In case of newly formed firm/company the turnover of the major shareholder

/promoter shall be considered.

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h. At the time of submitting the bid documents, bidders shall submit an

undertaking of utilizing the Fly Ash in Cement, Construction or any other Ash

based product/Industry

Note: - Balance Sheet

Audited balance sheets showing the business turnover and profit &

loss account for last three financial years should also be submitted along with the

proposal. (Individual or a partnership firm or a company not falling under statutory

requirement of audit, has to submit a certificate from Chartered Accountant certifying

the average turnover of the last three Financial Years).

3 Supplier’s Right to accept any bid or to Reject any or all Bids:-

Notwithstanding anything mentioned above, the supplier reserves the right to accept

or reject any bid, either in full or in Part or to annul the bidding process and reject all

bids at any time prior to allocation of quantity without assigning any reason thereof.

4 Supplier’s Right to vary quantities at the time of Allocation of Supply:-

The supplier reserves the right at the time of allocation or during period of supply to

increase, decrease or delete the quantity of fly ash from the original specified in the

tender document/NIT without assigning any reason.

5 Price & Bidding Methodology:-

The Minimum floor price of Dry Fly Ash is Rs. 360=00 + taxes. Minimum quantity to

be quoted is 1.0 lac MT/annum. Bidders are required to quote their highest rates

for a single highest quantity of fly Ash required annually as per Performa at

Annexure-I. Bids of the Bidders quoting rates below the floor price or below the

minimum quantity of 1.0 lac MT/annum will not be considered.

6 Evaluation Criteria of Bids:-

a. Annual quantity shall be allocated to the highest bidders above the floor price up to

the tendered quantity or as decided by HPGCL.

b. Bidders who have quoted rates below floor price & minimum annual quantity will not

be considered.

c. Allocation will be limited to tendered quantity or as decided by HPGCL and highest

bidders shall be considered in sequence of higher to lower rates quoted by bidders.

d. Quantity once quoted by the bidders shall not be changed.

7 The highest offer does not entitle the firm for allocation of full quantity quoted by the

firm. HPGCL reserves the right to allocate the Dry Fly Ash to one firm or any number

of other qualified firms also.

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HPGCL SPECIAL TERMS AND CONDITION

1. SUPPLY OF FLY ASH :

(a) HPGCL shall make available to the firm the allocated quantity of dry fly ash

from silos at PTPS, Panipat as applicable subject to payment of cost of fly

ash in advance. The charges shall remain fixed for a period from date of issue

of allocation letter upto 31st March 2012. Thereafter the price will be increased

every year on 1st April of subsequent years i.e 2012/2013/2014… based on

prevalent whole sale cement price index as per formula given below and the

shall be acceptable to the firm.

(Minimum) Rate at which the order has been placed

X

Wholesale cement price index of the month of March of year_2012/2013/2014**…__________ Wholesale cement price index of April 2010 (base year)

** to decide rates for the financial year 2012-13,2013-14,2014-15…., Whole sale cement Price index for the month of March 2012, March 2013, March 2014 and so on will be taken

(b) CONTRACT PERFORMANCE GUARANTEE(CPG) :-

I. Within 15 days of issue of allocation letter, successful bidder shall

submit the Contract Performance Guarantee for an amount equivalent

to 10% of the value of annual allocated quantity in form of

unconditional and irrevocable Bank Guarantee/DD in favour of Sr./A.O

O&M-II payable at Panipat. CPG submitted shall be valid for 90 days

in addition to period of contract. EMD deposited shall be adjusted

against the CPG.

II. Failure of successful bidder to comply with the requirement of

submission of Contract Performance Guarantee within prescribed time

as under clause b(i) shall constitute sufficient ground for annulment of

allocation order & forfeiture of EMD. In that event no damages or

compensation will be payable to the bidder.

III. This Contract Performance Guarantee shall be kept valid as security

for the entire contract period and shall be got encashed on breach of

any of the terms and conditions of the contract by the firm.

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IV. The firm shall deposit the cost of Dry fly ash 5 days in advance from

the date of lifting of dry fly ash in form of DD/at Par Cheque in favour

of Sr. A.O./O&M-II payable at Panipat on the basis of dry fly ash

allocated per month. In case of default of payment, HPGCL shall have

the right to en-cash BG immediately/security shall be adjusted against

unpaid cost including taxes of Dry Fly ash.

(c) HPGCL will supply the allocated quantity of Dry fly ash from silos to the firm

barring unforeseen situation, annual shut downs and routine/break downs

maintenance. However, HPGCL reserves the right to allocate 20% quantity of

fly ash for the units manufacturing fly ash or clay fly ash bricks, blocks and

tiles as per MoE&F Notifications.

(d) The firm shall lift the allocated quantity of the dry fly ash barring Force

Majeure. In such cases the firm shall ensure to give information to HPGCL

within 15 days of force maejure.

(e) PENALTY FOR SHORT LIFTING OF DRY FLY ASH :

In case of short lifting of Dry Fly ash by the firm during a month or part thereof

barring Force Majeure, HPGCL shall impose a penalty as given below, which

has to be paid by the firm within 15 days of its intimation failing which same

shall be recovered from the advance payment deposited by the firm for supply

of Fly ash/ by encashning the Bank Guarantee/by adjusting security. In case

of such default, HPGCL shall have right to stop the supply of Fly ash to the

firm & also shall have right to cancel the contract.

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Monthly or part thereof allocated quantity will be calculated on prorate basis

taking yearly allocation in to consideration

(f) Within 15 days of issue of allocation letter the firm has to start lifting of the Dry

Fly ash & should ensure lifting of Dry fly ash of that month on prorate basis

failing which Penalty on account of short lifting as per clause (e) above shall

be levied.

Penalty for Short Lifting of dry fly

ash during the month (Rs.)

= ((0.7x monthly Allocated quantity of Fly

Ash X Avg. PLF(%age) during the

month of the unit/units from where Dry

Fly ash has been allocated) – Actual

Quantity of Ash Lifted during the month)

X Cost of Fly Ash per tonne during the

month.

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(g) The firm shall give an undertaking for usage of fly ash in Cement/

Construction /or other ash based product/ industry failing which HPGCL may

terminate the Agreement forthwith.

(h) In case the firm is not able to lift the committed fly ash from silos for

a period of more than a month for reasons other than Force Majeure, HPGCL

will reserve the right to terminate the agreement in addition to levying the

penalty for non-lifting/ short lifting of Dry fly Ash.

(i) HPGCL will not be liable legally or financially to pay any kind of damages or

compensation to the firm in the event of not being able to supply the

contracted quantity of dry fly ash during the period of agreement due to

planned/unplanned outages of the units/systems, problem in the ash

evacuation/conveying system, generation of lesser ash due to use of

improved quality of coal, force majeure conditions or for any other reasons

whatsoever.

(j) HPGCL shall make available dry fly ash for a period of 3 years from the date

of issue of allocation letter. The contract will be reviewed by HPGCL every

year on the basis of performance and the then prevailing circumstances.

(k) HPGCL shall have the right to supply the quantity to any other party out of

the allocated quantity not lifted by the firm .Benefit of the Revenue generated

from such supplies will not be passed on to the firm.

(l) HPGCL shall also have the right to supply additional quantity over and above

the allocated quantity of Dry Fly Ash subject to availability on advance

payment of contracted price. Such supply of additional quantity in a particular

month shall not be adjusted against the short lifting of Dry Fly ash in next

month(s).

2. GENERAL:

(a) HPGCL shall allow movement of labour, machinery, materials, vehicles

engaged by the firm for lifting/ transportation of fly ash subject to security

restrictions as imposed by HPGCL, from time to time for the safety and

security of power plant in particular and HPGCL, in general. All statutory

regulations pertaining to labour laws and labour Welfare activities shall be

followed by the firm.

(b) The firm will ensure that lifting of fly ash is done with proper co-ordination with

HPGCL and shall neither hamper the normal power plant operation of PTPS,

nor cause any operational problem.

(c) The firm shall be liable for all or any damage to HPGCL‟s property or injury to

HPGCL employees or third party caused by negligence on the part of the firm

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or its employees or its carriers and vice versa. The risks shall be covered by

the firm through suitable insurance policies.

(d) The firm shall indemnify HPGCL regarding any damage to the labour, person,

plant and machinery/ equipment etc. by the firm and that shall remain sole

responsibility of the firm. HPGCL shall have right to recover such damages by

encashing the BG/adjustment of the security/adjustment out of advance

payment. Such action of recovery will not put an embargo on HPGCL, its

employees or any third party to take legal action in Court of Law against the

firm for the damages so caused.

(e) HPGCL reserves the right to add/ delete/ amend/ alter any of the terms &

condition at any time during the pendency of contract agreement without

prejudice to the terms & conditions of the agreement.

(f) In case, the firm avails the benefit of Carbon Trading (under CDM) utilizing fly

ash supplied by HPGCL under this agreement, then 50% of carbon trading

benefit shall be passed on to HPGCL.

(g) The firm shall load/transport the fly ash in its close tankers/bulk containers at

its own cost. The firm shall register its tankers/bulk containers with the

Security section of HPGCL while entering and leaving the power station

premises to ensure that close tankers/bulk containers of the firm containing

only fly ash enter/leave power station premises. The outward movement gate

pass/ excise Invoice shall be issued by authorized representative of HPGCL.

(h) The firm shall not only ensure for safety and security of all its personnel

working at different places at projects site but shall also be responsible for

safety & security of HPGCL personnel at delivery point of fly ash at the

project site .

(i) If any action in court is brought by third party against the HPGCL or an officer

or agent of the HPGCL for the failure or neglect on the part of the firm to

perform any act, matters, covenants or things under the Contract, or for

damage or injury caused by the alleged omission or negligence on the part of

the firm, his agents, representatives or his Sub-contractors, workmen,

suppliers, or representatives employees the firm/the user shall in such cases

indemnify and keep the HPGCL and /or its representative harmless from all

losses damages, claims, expenses or decrees arising out of such action.

(j) The dry fly ash shall be supplied on actual weighment or net capacity of the

transporting vehicles.

(k) The delivery hours of dry fly ash shall be as per the direction of the Chief

Engineer/ PTPS-2, Panipat.

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3. POLLUTION CONTROL MEASURES :

All measures would be taken by the firm as per norms of HSPCB/ MoE&F to avoid

pollution to the satisfaction of HPGCL. Similarly, while transporting, no spillage of fly

ash would be permitted to avoid air pollution. If the process adopted by the party is

found deficient, HPGCL has the right to cancel the agreement.

4. TAXES AND LEVIES:

All statutory taxes, levies, cess as imposed by Central, State or any local Govt.

Agency applicable to the disposal/Utilisation of dry fly ash shall be borne by the firm

in addition to cost of fly ash.

5. FORCE MEJURE:

HPGCL may consider the request of the Firm for not levying the penalty for short

lifting of Dry Fly Ash due to strike, lock out, natural calamities, omission &

commission on the part of HPGCL, War, Hostility, Civil Commotion, Acts of Public

enmity, Sabotage, Fire, Floods, Explosions, Epidemics, Embargo acts of civil military

Authorities which are beyond reasonable control of the firm provided the intimation

along with the sufficient documentary evidences is submitted by the firm within

15 days of force majeure.

6. CONTRACT AGREEMENT:

(a) Contract agreement on NJSP of appropriate value shall be signed within 15 of

issue of letter of allocation.

(b) The Contract Agreement can be terminated by HPGCL without assigning any

reason by giving a notice of one month to the firm.

7. ARBITRATION AND JURISDICTION:

(a) All matters, questions disputes differences and/or claims arising out of and/or

concerning and/ or in connection and / or in consequences or relating to the

Contract whether or not obligations of either or both Parties under this contract be

subsisting at the time of such dispute and whether or not this contract has been

terminated or purported to be terminated or completed, shall be referred to the

Sole arbitrator, to be appointed by Managing Director, HPGCL or by any other

authority of the HPGCL duly authorized for this purpose by the HPGCL.

Subject to aforementioned provision, the provisions of the Arbitration and

Conciliation Act, 1996 the Rules framed there under and any statutory

modifications made thereof for the time being in force shall be deemed to apply to

the Arbitration proceedings under this clause.

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(b) All legal proceedings in connection with the contract will be subject to the

jurisdiction of local courts at Panipat.


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HPGCL

Annex-I

PRICE- BID FOR SUPPLY OF DRY FLY ASH FROM 1x210 MW Unit-6 and 2x250 MW UNIT -7 & 8 , PTPS, PANIPAT I/We hereby submit my/our offer for lifting of Dry Fly Ash from 1X210MW Unit-6 and 2x250 MW (UNIT 7 & 8) PANIPAT THERMAL POWER STATION, PANIPAT as under:

Sr. No.

Cost of Fly Ash in Rs. / MT

Quantity in MT per annum

In Figures In Words In Figures In words

Note:- Floor price are Rs. 360=00+taxes per MT. Minimum quantity to be quoted is

1.0 lac MT/annum. Bidders who have quoted rates below floor price & minimum

annual quantity will not be considered.

(Name & Signature of Bidder)

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HPGCL

Annex-II

Subject: Undertaking for usage of Fly Ash in Cement, construction or any other

ash based Product /industry I hereby certify that the entire quantity of Dry Fly Ash Allocated to me against this NIT

NO. 17/2011-12/BMD-8/176 shall be used in Cement, construction or any other ash

based product/ industry.

(Name & Signature of Bidder)

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HPGCL

Annex-III CHECK LIST Part-1 Bid

i. Cost of tender documents in case tender set is downloaded from

website.

ii. Earnest Money Deposit

iii. Original Document containing Terms and Conditions duly stamped

and signed on each page by the authorized personnel of the firm.

iv. Deviations from Terms and Conditions, if any.

v. Documentary Evidence regarding Qualification Criteria duly attested

by Notary Public.

vi. Profile of the Company.

vii. Undertaking regarding use of Dry Fly ash as per Annex-II on NJSP of

appropriate value & duly attested by Notary Public.

viii. Authority letter in the name of the authorized personnel who has

signed the bid for allocation of dry fly ash on behalf of the firm and

who shall be authorized representative for communication between

the owner and the firm for performance of contract, if the LoA is issued

to the firm.

Part-II Bid (Price Bid)

1. Price Bid as per Annexure-I

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Annex-IV

HPGCL PERFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE ( To be stamped in accordance with stamp Act) Ref __________________ Bank Guarantee No._____________

Dated To __________________ __________________ __________________ Dear Sir, In consideration of the __________________________________(herein after referred to as „ owner “ which expression shall unless repugnant to the context or meaning thereof , include its successor, administrators and assigns) having awarded to M/s__________________________________ with registered / Head office at __________________________________ ( here in after referred op as “ contractor‟ which expression shall unless repugnant to the context or meaning there of include successors , administrators, executors and assigns ) a contract * by issue of Owner‟s latter of Award No. __________________________ Dated ________________and the same having be on unequivocally accepted by the contractor , resulting in to a contract/ contracts * bearing No _______________________________________ dated __________________________valued at _________ ___________________________ (scope or work) contract ( hereinafter called the „ contract) and the contractor having agreed to provide a contract performance guarantee for the faithful performance of the entire contract amounting to _____________ ( percent ) of the said value of the contract to the owner. We ___________________________________________________________________ ( Name of Bank) ______________________________________ having its Head Office at _____________________________ ( Address) _______________ ( hereinafter referred to as the „ Bank „ which expression shall unless repugnant to the context or meaning thereof , include its successors, administrators , executors and assigns ) do hereby guarantee and undertake to pay the owner immediately on demand any or, all moneys payable by the contractor the extent of _____________________________as aforesaid at ( in words & figures) any time Upto _______________________ @ __________________________ without any demur, reservations, recourse, contest or protest and / or without a reference to the contractor. Any such demand by the owner on Page 2 of 3 the bank shall be conclusive and binding and binding not withstanding any difference between the owner and the contractor or any dispute pending before any Court, Tribunal,

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Arbitrator or any other dispute authority. We agree that the guarantee herein contained shall be irrevocable and shall continue to the enforceable till _______________________@ _______________________________ The owner shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee, from time to time to vary the advance or to extend the time for performance of the contract by the contractor. The owner 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 contractor, and to exercise the same at any time in any manner , and either to enforce or to forebear to enforce any covenants contained or implied in the contract between the owner and the contractor or any other course or remedy or security available to the owner. The Bank shall not be released of its obligations under these presents by any exercise by the owner of its liberty with reference to matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omissions or commissioned on the part of the owner or any other indulgence shown by the owner or by any other matter or thing whatsoever which under the law would, but for this provision, have the affect of relieving the Bank. The Bank also agrees that the owner at its, option shall be entitled to enforce this guarantee against the Bank as principal debtor , in first instance without proceeding against the contractor , and not with standing any security or other guarantee that the owner have in relation to the contractor‟s liabilities. Not with standing any thing contained herein above our liability under this guarantee is limited to ______________________________ and it shall remain in force up to and including _______________________________________@ __________________________ and shall be extended from time to time of such periods (not exceeding one year) as may be desired by M/s _________________________on whose behalf this guarantee has been given. Dated _____________ This Day of__________________________________________ 19__________________ at_________________________ Witness _____________________________( Signature) (Signature) _____________________________( Name) (Name)

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Page 3 of 3 ________________________________ (Designation with Bank Stamp) (Official Address) Attorney as per Power of

Attorney No. _______________ Dated __________________ ________________________________ (Designation with Bank Stamp) (Official Address) Attorney as per Power of Attorney No. Dated ________________________________ (Designation with Bank Stamp) (Official Address) Attorney as per Power of Attorney No. _______________ Dated __________________

* Strike out whichever is not applicable @ The date will be 90 days after the date of completion of the contract Note : 1. The stamp papers of appropriate value shall be purchased in the name of this

bank who issues the „ Bank Guarantee‟

2. In case of Bank guarantee issued by a foreign Bank , the same shall be confirmed by any nationalized bank in India.