GENERAL CONDITIONS OF CONTRACT AND SPECIAL CONDITIONS OF CONTRACT

Transcription

1 PART-C GENERAL TERMS CONDITIONS OF CONTRACT 1) Each tender should be send in a double cover, inner cover should be sealed with tenderer s distinctive seal and superscribed with correct Enquiry No. And Due Date. The outer cover should only bear the address of this office. Tender should be free from CORRECTION ERASURES. Corrections, if any must be attested. All amounts shall be indicated both in words as well as in figures. Where there is difference between amount in figures and words, amount quoted in words shall prevail. 2) Technical cum Commercial bid will be opened as per NIT. The Technical cum Commercial bid should accompany copy of documents as per NIT/Tender, PQR, earlier supply order details of similar equipment and their performance feedback from customers, company profile and present status, product catalogue of the models offered, technical specifications of the product, commercial Terms & Conditions and other relevant documents etc. 3) Price bid of technically accepted bidders only will be opened. No revision of prices will be entertained after Tenders are opened, unless mentioned in our enquiry / asked so by NBPPL. 4) Manufacturer s name, Trade Mark or Patent No. If any, shall be specified in the Technical cum Commercial Bid 5) Please mention the relevant national / international standard code of the product quoted for in the Technical cum Commercial bid. 6) The purchaser shall be under no obligation to accept the lowest or any other tender and shall be entitled to accept or reject any tender in part or full without assigning any reason whatsoever. 7) Late tenders (received after Due Date) will be rejected. 8) Price quoted shall be valid for 60 days from the date of opening. 9) BID SECURITY Bid Security should be made in the form as indicated in tender document and shall be Submitted inside a sealed envelope super scribing the following. PART III (BID SECURITY). TENDER DOCUMENT NO. NAME OF WORK PROJECT. DUE DATE OF SUBMISSION. (Applicable for Open Tender Enquiry Only): Every tender must be accompanied by the prescribed amount of Bid Security. Bid security NTPC BHEL POWER PROJECTS PVT LTD Page 1 of 15

2 shall be furnished as per the details given below. Bids not accompanied by the requisite Bid Security in a separate sealed envelope or bids accompanied by Bid Security of inadequate value shall not be entertained and in such cases, bids shall be returned to the bidders without being opened. 10) The Bid Security is only applicable to Open Tender Enquiry 11) The bidder shall furnish, as part of its bid, a bid security in a separate sealed envelope in the amount and currency as stipulated in the Enquiry terms & Conditions. 12) The bid security, shall be submitted in any of the following forms : a. Call deposit receipt duly pledged in favour of NBPPL or pay order or demand draft. b. Post Office / National Savings/National Defence Deposit Certificated duly endorsed in favour of NBPPL. c. Bank Guarantee from an acceptable bank (Scheduled) irrevocable and operative till the validity of the offer. d. Fixed deposit receipt issued by acceptable banks endorsed in favour of NBPPL. 13) Any Bid not accompanied by an acceptable bid security, in a separate sealed envelope, shall be rejected as being non-responsive and returned to the Bidder without being opened. 14) The Bid Security may be forfeited : - If the tenderer/ bidder withdraws the bid during the period of bid validity specified by the tenderer/ bidder in their bid - If the tenderer/ bidder does not accept the correction of its Bids Price (resulting from the arithmetical errors) as per provision in the Price Bid / Schedule of Prices. - If the tenderer/ bidder does not withdraw any deviation at the cost of withdrawal indicated by him. 15) The bid security of the all tenderers /bidders will be refunded expeditiously after the award and acceptance of the contract by the successful tenderer. 16) The bid security will be liable to be forfeited on revocation of tender before validity of the quotation (offer) expires or on refusal to enter into a contract NTPC BHEL POWER PROJECTS PVT LTD Page 2 of 15

3 after the award is made to the tenderer. NOTE: Cheques, Currency Notes, Money Orders or Postal Orders will not be accepted. Bid Security shall not carry any interest. 17) Price shall be quoted as per enclosed Price Format only. Quotations not accompanying filled in Price Format are likely to be rejected. Please fill in all the columns of all formats 18) PACKING MARKING: The supplier shall arrange for secure protective packing of the goods suitable for tropical conditions to avoid loss, damage, atmospheric action during handling and transit. The packing standards will comply with relevant national standard/carrier s conditions of packing or established practice. If any damage is sustained and the carrier or underwriter attributes it to improper packing, the seller shall be liable to replace the material or reimburse the value of the loss notwithstanding any transit insurance arranged by him or not. The following marking shall be made on each package in black bold letters. NAME & ADDRESS OF CONSIGNEE, DIMENSION OF PACKAGE, WEIGHT DETAILS : GROSS, TARE & NETT These markings should be stenciled or written in bold letters on the package. Should the package be small, suitable cards/metal tags giving these details may be tagged or nailed 19) INSPECTION: Final inspection will be carried out the destination/site/purchaser s works by the authorized inspecting Officer, if so specified in the tender under Special Terms & Conditions. Whenever preliminary or stage inspection is to be carried out at supplier s works the same is subject to final acceptance after receipt of the material at the destination/purchasers works and the decision of the purchaser shall be final. The propriety of goods shall not pass until final acceptance by the purchaser 20) REJECTION: The seller shall intimate the purchaser in writing within 15 days (after being intimated about rejection of goods) regarding disposal action of the rejected material. If no advice is received within this time the purchaser shall be at liberty to return the material at the cost and risk of the seller after receiving the cost if any paid by the Purchaser including inward freight and other incidental charges. The Purchaser will not be responsible for the rejected material thereafter and no claim will rest on him. 21) Delivery: Purchaser shall not be liable to receive and pay for any supply made after delivery date stipulated in the order unless the delivery date is formally extended by the purchaser. Wherever the terms of delivery of the order is other than F.O.R. destination, delivery date will be reckoned as the date of dispatch or the date of readiness after inspection of the material where the Purchaser has agreed for inspection or collection. 22) Test certificate: The seller shall carry out such tests as prescribed by the purchaser / as required in accordance to the relevant national or international standards, in his works and/or and other places as stipulated in the order. Necessary test certificate shall be submitted with delivery of materials. The seller shall also provide at no extra cost the required number of catalogues, NTPC BHEL POWER PROJECTS PVT LTD Page 3 of 15

4 drawing and other manuals related to materials under this order. 23) TERMS OF PAYMENT: Payment will normally be made within 30 days of receipt of material in good condition at destination. The seller shall send dispatch documents, invoice etc. in such quantum and a manner as provided in the order. Docments required for Payment are as follows: a) Original Excise Invoice / Original Invoice (as applicable) b) Copy of Intimation to Insurance Company c) Copy of Material Dispatch Clearance Certificate issued by NBPPL site. d) Guarantee Certificate. e) Manufacturer Test Certificate. f) E1/E2 Form if applicable. g) Lorry Receipt. h) Any additional document shall be intimated later. o The seller shall also ensure that the Carriers do not delay dispatch of the consignment once the carrier s receipt is obtained. 24) GUARANTEE WARRANTY: The materials shall be warranted for design material and workmanship and also for performance warranty for a period of 12 months from the date of receipt of material. 25) INSURANCE: Transit insurance from supplier s works/godown to NBPPL site stores shall be arranged by NBPPL. Upon dispatch of material supplier has to immediately intimate underwriter of NBPPL failing which transit loss if any would be borne by supplier 26) DELIVERY FAILURE, TERMINATION & LIQUIDATED DAMAGE: The parties hereto agree that the timely dispatch/delivery and completion of the other schedules as stipulated in order/contract shall be the essence of the Order/Contract. If the seller/contractor fails to complete the dispatch/ delivery and other schedules within the time period stipulated in the order/contract, or within any extension of time granted by the purchaser, it shall be lawful for the purchaser to recover damages for the breach of order/contract without prejudice to any other rights and/or remedies provided for, in order/contract and hereunder. The purchaser reserves the right to recover from the Seller/Contractor, as agreed liquidated damages and not by way of penalty, a sum equivalent to half percent {½% of the total contract price per week part thereof, subject to a maximum of ten 10%} of the total contract price excluding elements of taxes, duties and freight price, of undelivered portion of the material for which Material dispatch clearance certificate has been issued by NBPPL, if seller/contractor has failed to deliver any part of the goods within the period stipulated in the Order/Contract. The purchaser reserves the right to purchase from elsewhere on account of and at the risk and cost of the seller /contractor without notice to the seller /contractor of goods not so delivered or their equivalent, without canceling the order/contract in respect of the goods not yet due for delivery. The purchaser reserves the right to cancel the order/contract or a portion thereof for the goods not so delivered at the risk and cost of the seller/contractor and the seller/contractor shall be liable to the purchaser for any excess costs thereof. NTPC BHEL POWER PROJECTS PVT LTD Page 4 of 15

5 27) RISK PURCHASE : In the event the supplier has failed to deliver or dispatch whole of the goods or any part within the time stipulated or if the same were not available in his stock, the best and the nearest available substitute thereof may be purchased/arranged by purchaser from elsewhere at the risk and the cost of the seller. The purchaser at his option will be entitled to terminate the contract and seller shall be liable for any loss which the purchaser may sustain by reason of such risk purchases in addition to penalty at the rate mentioned in clause 19 above. 28) This order or any part thereof shall not be sub-contracted without the purchaser s consent. 29) METRIC SYSTEM: Supplier is requested to indicate metric system measurements in all documents. 30) INDEMNITY: The Seller shall indemnify the Purchaser against any claim due to any breach of patent, negligence, defective material or injury to seller or his agent. 31) In the event of any reduction in the price, due to change of Govt. duties after award to the work and before delivery commencement, purchaser is entitled to such reduction and may negotiate fresh price at its discretion. 32) GENERAL: The purchaser reserves the right to split up the tender and place orders for individual item on different suppliers and also increase or decrease the quantity. 33) In case of any contradictions between General and special terms and conditions, the provisions in Special Terms & Conditions will prevail. 34) Please Note: i. Tender Specification documents with complete details are hosted in web page ( Bidders can directly download the same and use for submission of offer.. ii. Interested bidders may alternately collect hard copy of Tender documents from this Office on all working days. iii. NBPPL takes no responsibility for any delay/loss of documents or correspondences sent by courier/post. iv. NBPPL reserves the right to accept or reject any or all tenders without assigning any reasons whatsoever. v. Dates of Price Bid opening will be intimated to Techno Commercially Qualified Bidders later.` vi. All corrigenda, addenda, amendments and clarifications to Tender Specifications, revised Tender Submission Dates; etc will be hosted in the web page ( Tender Notifications View Corrigendum) and NOT in NTPC BHEL POWER PROJECTS PVT LTD Page 5 of 15

6 the newspaper. Bidders shall keep themselves updated on all such updates. 35) a) Seeking Clarifications on Tender Specification: Clarifications on the Tender Specifications, if any, may be sought by the bidders so as to reach this office at least seven days before the Due Date for submission. b) Supporting Documents: Bidders shall submit documents in support of possessing Qualifying Requirements as under duly self-certified and stamped by the authorized signatory. Photocopies of Work Orders issued by the Customer containing details of Bill of Quantities/Schedule of Rates. Photocopies of Completion Certificate issued by Customer or Owner of Project. Photocopies of audited Profit & Loss accounts, Balance Sheets, accompanied by relevant schedules for Turnover figures. LATE TENDER: Tender received after the specified time of submission shall not be considered in any circumstances. Offers must be submitted without any deviation Offers received with any deviation or without relevant information as described above are liable to be rejected. Price bids received in the form other than specified in Part-II (Price Bid) are liable to be rejected. Bidder must sign & stamp all pages of this tender specification as an acceptance of tender conditions and must enclose this tender specification with their offer. In case of any contradictions between General and special terms and conditions, the provisions in Special Terms & Conditions will prevail. 37) FOR DESTINATION at NBPPL Site Office,1X500 MW, STAGE-IV. FGUTPP, UNCHAHAR DIST: RAI BAREILY, UTTAR PRADESH, ON DOOR DELIVERY" means the bidder shall transport the Material and make the Material/Consignment available at NBPPL Site Office, 1X500 MW, STAGE-IV. FGUTPP, UNCHAHAR DIST: RAI BAREILY, UTTAR PRADESH 38) LOADING FACTORS FOR DEVIATION TO NBPPL STARD TERMS & CONDITIONS:- LD Clause: Non acceptance of LD clause will attract maximum 10% loading on the offer and accordingly proportionate percentage will be loaded for accepting less percentage of LD clause. Ex: If the supplier has accepted for maximum 5% LD clause, then balance 5% will be loaded. For all other Terms & Conditions, no deviation is permissible. NBPPL reserves the right to cancel a bid in case of non-acceptance of any terms and conditions finally arrived before price bid opening. Note: The offers not complying the above Terms & Conditions will not be accepted. In case of any conflict / inconsistency in any clause of the tender or between various sections of the tender, bidder should bring the same in writing to NBPPL for clarification before submission of the bid, failing which the most stringent interpretation of the clause in favor of NBPPL shall be NTPC BHEL POWER PROJECTS PVT LTD Page 6 of 15

7 adopted and the same shall be binding to the bidder. Any deviation sought by the bidder should be indicated in the techno-commercial offer. 39) NBPPL reserves the right to go for Reverse Auction. Details as per PART E. 40) ARBITRATION : In case of any disputes or differences including those considered as such by only one of the parties arising out of or in connection with the contract shall be to the extent possible settled amicably between the parties. If any dispute or differences of any kind whatsoever shall arise between NBPPL and you, arising out of the contract for performance of work whether during progress of termination, abandonment or breach of the contract, it shall in the first place be referred to and settled by the engineer who within a reasonable period after being requested shall give written notice of his decision to you. Save as hereinafter provided, such decision in respect of every matter so referred shall forthwith be given effect to by you who shall proceed with the work with all due diligence, whether he or NBPPL required arbitration as hereinafter provided or not. If after the engineer has given written notice of this decision to the party, no claim to arbitration has been communicated to you by the party within 30 days from the receipt of such notice, the said decision shall become final and binding on the parties. In the event you being dissatisfied with any such decision or if amicable settlement cannot be reached then all such disputed issues shall be referred to the sole arbitration of the person appointed by the General Manager of NBPPL. Subject as aforesaid the provision of the Arbitration Act 1996 (India) or any statutory modification or reenactment thereof and the rules made thereunder and for the time being in force shall apply to the arbitration proceeding under this clause. The work under this contract shall continue to be performed by you during the arbitration proceedings and no payment due or payable to you shall be withheld on account of such proceedings. The venue of arbitration shall be such place as may be fixed by the arbitrator in his sole discretion. ` The award of the arbitrator shall be final, conclusive and binding on all parties to this contract. The cost of arbitration shall be borne by the parties to the dispute as may be decided by the arbitrator. This contract shall be governed by the Indian Laws for the time being in force 41) JURISDICTION : All disputes or differences arising under out of or in connection with the purchase order shall be subject to the exclusive jurisdiction of court at NEW DELHI. 42) FORCE MAJURE This order shall be subject to Force Majeure clause defined as under : NTPC BHEL POWER PROJECTS PVT LTD Page 7 of 15

8 The Force majeure is herein defined as any cause which is beyond the control of the tenderer which they would not have foreseen or with a reasonable amount of diligence could not have foreseen and which subsequently affect the performance of the Contract such as: SRCC, Earthquake, Flood, Acts of God, Acts of any Government, domestic or foreign including but not limited to war. The tenderer shall not be liable for delay in performing his obligation resulting from any force majeure clause as referred to and/or defined above. The date of completion will subject to hereinafter provided be extended by a reasonable time even though such cause may occur after tenderers performance of his obligation has been delayed for other causes. 43) TAXES & DUTIES 44) EXCISE DUTY The successful bidder will be required to submit Original Excise Invoice cum Gate Pass and Disclaimer Certificate The invoice cum excise duty gate pass should show the name of ultimate consignee in the order. It will be assumed by NBPPL that offer has been submitted after vendors have made themselves fully aware about the Site condition. The rates quoted shall be firm during the entire duration of the contract i.e. till the supply of quantity against MDCC issued with tentative delivery Schedule as mentioned This is subjected to further limit in quantity as mentioned in the Tender, +/-30%. The rates quoted shall be firm during the entire duration of the contract i.e. till the supply of full ordered quantity. The rate quoted shall include all statutory duties, taxes and other charges. 45) SALES TAX/VAT: Supplier has to indicate break up of Sales Tax charged (Rate and amount) on the face of the invoice. In case NBPPL provides documents for concessional sales tax, the supplier has to furnish following documents to Dy. Manager/Finance (Sales Tax), Unchahar:- 1) Sale invoice copy, Challancopy, Copy of consignment note/lr/rr etc. 2) Statement of invoices against which the supplier requires Sales Tax concessional form. In case NBPPL provides documents for Concessional Sales Tax for Interstate sale, the Material will be supplied as sale in Transit under Section 6(2) of CST Act. For which bidder would furnish E1/E2 form to NBPPL against C Form issued by NBPPL. Order shall be subjected to statutory variation of taxes and duties (plus or minus) to the account of NBPPL. Any imposition of new / additional Duty / Tax shall be borne by NBPPL within the validity of the PO. If Intra State Sale is there, Vat Invoice to be raised by Supplier for taking Input Tax Credit on VAT by NBPPL. Any other document required for taking ITC shall be arranged by Supplier. NTPC BHEL POWER PROJECTS PVT LTD Page 8 of 15

9 ANNEXURE-I (Declaration to be furnished by bidder) NO DEVIATION CERTIFICATE We hereby confirm that all the terms & conditions as per NIT is acceptable to us. Any deviation found at any time hereinafter & during execution of order shall be treated as null and void. Price submitted shall be valid for (i) Order within 60 days from the date of opening of price bid and (ii) till the supply of full quantity against MDCCs issued within tentative delivery schedule as mentioned. This will be further limited to quantity as mentioned in tender +/-30%. As a confirmation of having accepted all the terms and conditions of NIT duly signed and sealed by us have been enclosed with this declaration. We confirm that rates have been furnished in the price format (PART-F). (Signature of Bidder with seal) Date : NTPC BHEL POWER PROJECTS PVT LTD Page 9 of 15

10 ANNEXURE-II PROFORMA FOR BANK GUARANTEE FOR BID SECURITY (To be issued on appropriate valid non-judicial stamp paper) This Deed of Guarantee made this Day of 200 by Bank Ltd. (hereinafter called the Bank ), in favour of NTPC-BHEL Power projects Private Limited, Core -3, 4th Floor, Laxmi Nagar, New Delhi (hereinafter called the Purchaser ) through.unit. Whereas M/s (hereinafter called the Tenderer) have submitted a tender in response to tender specification No/ Enquiry No (hereinafter called the said Tender Documents ) of the Company. And whereas the said tender documents provide that the Tenderer shall submit a bank guarantee for a sum of Rs.. (Rupees only) towards Bid Security to be made in the form and manner therein specified. And whereas the Tenderer have approached (Bank) and at their request and in consideration of the arrangement arrived at between the said Tenderer and the said Bank, the said Bank has agreed to give such guarantee as hereinafter mentioned to the aforesaid Purchaser. Now, therefore, these presents witness that we (Bank) by the hand of Shri. its lawfully and duly constituted attorney do hereby undertake to pay the aforesaid Purchaser a sum of Rs (Rupees..) by virtue of this Guarantee against any loss or damage caused to or suffered by the said Purchaser by reason of any breach by the aforesaid Tenderer of any of the terms, conditions, stipulations undertakings or any one of them contained in the said Tender Documents, and for the payment of any money or moneys payable by the said Tenderer to the said Purchaser under the terms and conditions of the tender documents (the decision regarding the breach, loss, damage or payment due, being solely in the discretion of the said Company. We further undertake to pay the aforesaid amount in a lump sump on demand irrespective of the fact whether the said Tenderer admits or denies such claim or questions its correctness in any Court, Tribunal of Arbitration proceedings or before any authority. The aforesaid guarantee will remain in force and we shall be liable under the same, irrespective of any concession for the time being granted by the said Purchaser to the Tenderer in or for fulfilling conditions of the tender documents and the guarantee will remain in full force irrespective of any change of terms, conditions or stipulations or any variation in the terms of the said Tender Documents irrespective of whether notice of such change and/or variation is given to us or not and claim to receive such notice of any change and or/variation is given to us or not and claim to receive such notice of any change and or/variation of the terms and/or conditions of the said tender document is hereby specifically waived by us. Further, we shall not be released from this guarantee by any forbearance of the exercise or nonexercise of any of the powers or rights under the said tender documents by the said Purchaser against NTPC BHEL POWER PROJECTS PVT LTD Page 10 of 15

11 the Tenderer irrespective of whether notice of such forbearance, enforcement or non-enforcement of any powers or rights, modifications or changes made in the said tender documents or concessions shown to the Tenderer by the Purchaser is given to us or not. The guarantee herein contained shall not be determined or affected by the liquidation or winding up or insolvency or change in the constitution of the Tenderer but shall in all respects and for all purposes be binding and operative until all payments of all moneys due or that may become due to the said company in respect of any liability or obligation of the Tenderer under the said tender document. We the said Bank further agree that the guarantee hereinafter contained shall remain in full force and effect during the period that would be taken for the finalization of the tender and execution of agreement thereof and that it shall continue to be enforceable till the required Contract Performance Guarantee is issued by the successful Tenderer, as stipulated in the said Tender Documents or till the Purchaser certifies that the terms and conditions of the said tender documents have been fully and properly carried out by the said Tenderer and accordingly discharges the guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the.(date tender validity date plus two months) we shall be discharged from all the liability under this guarantee thereafter. But where such claim or demand has been preferred by the Company with the Bank before the expiry of the said date, the claim shall be enforceable notwithstanding the fact that the said enforcement is effected after the said date. Any claim or dispute arising under the terms of this document shall only be enforced or settled in the Courts having jurisdiction at New Delhi only. And lastly, the Bank undertakes not to revoke this guarantee during its currency except with the previous consent of the Purchaser in writing. The Bank hereby declares that it has power to issue this guarantee under the Bank s Memorandum and Articles of Association and the undersigned has full powers to do so on its behalf under the Power of Attorney dated granted to him by the proper authorities of the bank. Dated the Day of Attorney (signature of the person duly authorized to sign on behalf of the bank) Witness NTPC BHEL POWER PROJECTS PVT LTD Page 11 of 15

12 PART-D 1. Supplier has to attach the Test Certificates of previously manufactured Steel sections which they supplied for other customers along with the P.O., for the purpose of technical evaluation. 2. Materials should be supplied along with Test certificates. Materials supplied without test certificates will not be accepted. 3. Supplier should mention the earliest delivery period clearly in technical bid. Suppliers having the ready stock may be preferred. 4. All the steel sections should be delivered on Door Delivery Basis at destination. Freight and other relevant charges should be included in the quotation by the tenderer for this purpose. Offers other than F.O.R. Destination Basis will not be accepted by NBPPL. 5. Purchase Order will be placed on any tenderer for single or any no. of the Steel sections tendered. Offers should be prepared in such a way that item-wise evaluation is possible. Tenderer to comply with it. 6. Evaluation of tender shall be carried out by considering the input credit of VAT offered by the vendor. (i.e. total landed cost including taxes, duties and freight minus VAT paid for the same). 7. NBPPL reserves the right to increase or decrease the quantity and cancel the entire item from the enquiry at any point of time. 8. Incomplete offer shall not be considered for evaluation and shall be rejected. 9. Price quoted shall be valid for 60 days from the date of opening and should be firm till the completion of order. Price Variation shall not be applicable during the Contract Period. 10. Date of material Despatch of material will be considered for LD clause (Refer GCC Cl.No 27). 11. Payment terms: 100% within 30 days from date of invoice of material as per specification. Payment will be released only by EFT (electronic fund transfer) mode only, no DD/Cheque payment. 12. Completion Schedule: All the Steel shall be supplied within 31/08/2014. However, First 500 MT shall be delivered at site by Please refer Price schedule cum BOQ for total quantity of reinforcement steel to be supplied. Despatch Instrctions (MDCC) shall be issued by Construction Manager. 13. FOR INTRASTATE SUPPLIES ORIGINAL VAT INVOICE IS TO BE SUBMITTED TO NBPPL FOR GETTING PAYMENT. 14. QUANTITY VARIATION: +/- 30 % OF THE QUANTITY IN OUR PRICE SCHEDULE. NTPC BHEL POWER PROJECTS PVT LTD Page 12 of 15

13 15.UNLOADING: UNLOADING AT OUR SITE(NBPPL) SHALL BE IN THE SCOPE OF NBPPL 16. WEIGHTMENT: THE ITEMS SHALL BE WEIGHED AT OUR WEIGHBRIDGE AT FGUTPP, UNCHAHAR SHALL BE ENDORSED BY OUR ENGINEER. 17. LR/RR/GR /CN MUST THE BEAR THE NAME OF NBPPL AS CONSIGNEE FOR NBPPL TO ENDORSE THE FOLLOWING WORDS ON THE BACK OF DESPATCH DOCUMENTS I.E. LR/RR/GR/CN PRIOR TO THE DATE OF RECEIPT OF MATERIALS BY NBPPL AT SITE I.E (AFTER MOVEMENT COMMENCES BEFORE IT TERMINATES). NTPC BHEL POWER PROJECTS PVT LTD Page 13 of 15

14 PART-E : TERMS & CONDITIONS OF REVERSE AUCTION AGAINST THIS ENQUIRY FOR THE SUBJECT ITEM/ SYSTEM WITH DETAILED SCOPE OF SUPPLY AS PER ENQUIRY SPECIFICATIONS, NBPPL MAY RESORT TO REVERSE AUCTION PROCEDURE I.E., ON LINE BIDDING (THROUGH A SERVICE PROVIDER). THE PHILOSOPHY FOLLOWED FOR REVERSE AUCTION SHALL BE ENGLISH REVERSE (NO TIES) (Any Amendment to be intimated later). 1. FOR THE PROPOSED REVERSE AUCTION, TECHNICALLY COMMERCIALLY ACCEPTABLE BIDDERS ONLY SHALL BE ELIGIBLE TO PARTICIPATE. 2. THOSE BIDDERS WHO HAVE GIVEN THEIR ACCEPTANCE FOR REVERSE AUCTION (QUOTED AGAINST THIS TENDER ENQUIRY) WILL HAVE TO NECESSARILY SUBMIT ONLINE SEALED BID IN THE REVERSE AUCTION. NON-SUBMISSION OF ONLINE SEALED BID BY THE BIDDER FOR ANY OF THE ELIGIBLE ITEMS FOR WHICH TECHNO-COMMERCIALLY QUALIFIED, WILL BE CONSIDERED AS TAMPERING OF THE TENDER PROCESS WILL INVITE ACTION BY NBPPL AS PER EXTANT GUIDELINES IN VOGUE. 3. NBPPL WILL ENGAGES THE SERVICES OF A SERVICE PROVIDER WHO WILL PROVIDE ALL NECESSARY TRAINING ASSISTANCE BEFORE COMMENCEMENT OF ON LINE BIDDING ON INTERNET. 4. IN CASE OF REVERSE AUCTION, NBPPL WILL INFORM THE BIDDERS THE DETAILS OF SERVICE PROVIDER TO ENABLE THEM TO CONTACT & GET TRAINED. 5. BUSINESS RULES LIKE EVENT DATE, TIME, BID DECREMENT, EXTENSION ETC. ALSO WILL BE COMMUNICATED THROUGH SERVICE PROVIDER FOR COMPLIANCE. 6. BIDDERS HAVE TO FAX THE COMPLIANCE FORM (ANNEXURE IV OF BUSINESS RULE DOCUMENT OFREVERSE AUCTION SHALL BE SHARED TO BIDDERS ALONG WITH INTIMATION OF RA SCHEDULE) BEFORE START OF REVERSE AUCTION. WITHOUT THIS, THE BIDDER WILL NOT BE ELIGIBLE TO PARTICIPATE IN THE EVENT. 7. IN LINE WITH THE NIT TERMS, NBPPL WILL PROVIDE THE CALCULATION SHEET (E.G., EXCEL SHEET) WHICH WILL HELP TO ARRIVE AT TOTAL COST TO NBPPL LIKE PACKING & FORWARDING CHARGES, TAXES DUTIES, FREIGHT CHARGES, INSURANCE, SERVICE TAX FOR SERVICES LOADING FACTORS (FOR NON-COMPLIANCE TO NBPPL STARD COMMERCIAL TERMS & CONDITIONS) FOR EACH OF THE BIDDER TO ENABLE THEM TO FILL-IN THE PRICE KEEP IT READY FOR KEYING IN DURING THE AUCTION. 8. REVERSE AUCTION WILL BE CONDUCTED ON SCHEDULED DATE & TIME. 9. AT THE END OF REVERSE AUCTION EVENT, THE LOWEST BIDDER VALUE WILL BE KNOWN ON AUCTION PORTAL. 10. THE LOWEST BIDDER HAS TO FAX/ THE DULY SIGNED FILLED-IN PRESCRIBED FORMAT FOR PRICE BREAKUP INCLUDING THAT OF LINE ITEMS, IF REQUIRED, (ANNEXURE VII) AS PROVIDED ON CASE-TO-CASE BASIS TO SERVICE PROVIDER WITHIN TWO WORKING DAYS OF AUCTION WITHOUT FAIL. NTPC BHEL POWER PROJECTS PVT LTD Page 14 of 15

15 11. IN CASE NBPPL DECIDES NOT TO GO FOR REVERSE AUCTION PROCEDURE FOR THIS TENDER ENQUIRY, THE PRICE BIDS PRICE IMPACTS, IF ANY, ALREADY SUBMITTED AVAILABLE WITH NBPPL SHALL BE OPENED AS PER NBPPL S STARD PRACTICE. 12. BIDDERS SHALL BE REQUIRED TO READ THE TERMS CONDITIONS SECTION OF THE AUCTIONS SITE OF SERVICE PROVIDER, USING THE LOGIN IDS PASSWORDS GIVEN TO THEM BY THE SERVICE PROVIDER BEFORE REVERSE AUCTION EVENT. BIDDERS SHOULD ACQUAINT THEMSELVES OF THE BUSINESS RULES OF REVERSE AUCTION, WHICH WILL BE COMMUNICATED BEFORE THE REVERSE AUCTION. 13. IF THE BIDDER OR ANY OF HIS REPRESENTATIVES ARE FOUND TO BE INVOLVED IN PRICE MANIPULATION/ CARTEL FORMATION OF ANY KIND, DIRECTLY OR INDIRECTLY BY COMMUNICATING WITH OTHER BIDDERS, ACTION AS PER EXTANT NBPPL GUIDELINES, SHALL BE INITIATED BY NBPPL THE RESULTS OF THE RA SCRAPPED/ ABORTED. 14. THE BIDDER SHALL NOT DIVULGE EITHER HIS BIDS OR ANY OTHER EXCLUSIVE DETAILS OF NBPPL TO ANY OTHER PARTY. 15. IN CASE NBPPL DECIDES TO GO FOR REVERSE AUCTION, THE H1 BIDDER (WHOSE QUOTE IS HIGHEST IN ONLINE SEALED BID) MAY NOT BE ALLOWED TO PARTICIPATE IN FURTHER RA PROCESS. NTPC BHEL POWER PROJECTS PVT LTD Page 15 of 15