NTPC Limited (A Govt. of India Enterprise) AURAIYA GAS POWER STATION DIBIYAPUR, Distt.

AURAIYA Ph : 05683-282382/282492 206244 (UP) Fax: 05683-282492/282341 e-mail: akmalhotra@ntpc.co.in

Ref.: NTPC/AuGPS/C&M/

Date :

TENDER DOCUMENTS

M/s. . . .

Sub : Tender documents against Tender Notice No: Augps/C&M/2010-11/06 Dated 21.04.2011 Package No: 9900065731/M45/1012 DATED 28.02.2011 for Design, engineering, manufacture, supply, inspection and testing at manufacturer s works, packing, inland transport, storage, supervision during erection, testing, commissioning, of Rectangular section round corner Metallic Expansion joint (GE-2 & GE-3) for WHRB Inlet Duct at NTPC AUGPS.

Tender Enquiry No: 9900065731/M45/1012 DATED 28.02.2011

Dear Sirs, We acknowledge receipt of Rs. ... vide Cheque No./DD No./Case Receipt No. . Dt. towards cost of tender documents for tender number mentioned above. We are pleased to forward you a set of tender documents as requested vide your letter No. . Dtd. ..

Important conditions

1.

Tender shall be submitted in three separate sealed envelopes.

Envelope- I shall contain Earnest Money of Rs 89000.00 (Rs Eighty Nine Thousand only) Please note that the firms registered with NSIC or with Small Scale Industries regd. With NTPC, are exempted from furnishing Earnest Money provided the monetory limit fixed by NSIC / SSI authority is not below the quoted value. EMD can be furnished in any one of the forms as per instruction to bidders enclosed. Please read the instructions to bidders carefully and thoroughly and submit your offer accordingly. This envelope must be super scribed with Tender Enquiry Number, Date and Due Date of Opening and also duly marked as EARNEST MONEY or NSIC / SSI Registration Certificate as the case may be. The details of EMD must be indicated on the top of envelope. The NSIC certificates should attested by gazette officers.

Envelope II shall contain the technical details along-with QR related documents, deviations sought, if any and Commercial Terms & Conditions, excluding the price. This envelope shall also be marked with Tender Enquiry Number, Date and Due Date of Opening and also marked as TECHNICAL BID . The envelope II of only those bidders shall be opened, on the same date, whose EMD is found acceptable.

Envelope III shall contain Price Bid only. This envelope shall also be marked with Tender Enquiry Number, Date and Due Date of Opening and also marked as PRICE BID . The third envelope of only those bidders shall be opened who satisfy the requirement of Earnest Money, technically suitability and qualifying requirement as called for in the bid document. The date of opening of Price Bid shall be intimated to all qualified bidders later on.

2. Please fill in the blank space and confirm the details as per proforma for terms and conditions enclosed with the tender documents.

3.

Due Date & Time of submission of Tender (All The three envelope): 24.06.2011 up to 10.30 A.M.

4.

Due Date & Time of opening of Tender: 24.06.2011 up to 11.00 A.M.

Note :-

1. BIDDER MAY PLEASE NOTE THAT PAYMENT FOR SUPPLIES, WORKS, SERVICES MAY BE MADE BY NTPC ONLY THROUGH E- PAYMENTS, WHEREEVER SUCH FACLATIES IS AVAILABLE.

2 Tender should be submitted on your own letter head in prescribed format / guidelines in triplicate with all enclosures.

These standard documents are not transferable.

4 The EMD in the form of Demand Draft shall be in favour of M/s NTPC LTD, payable at SBI - NTPC Dibiyapur (code no. 10346), other than S.B.I, bid may be rejected.

The bid should be valid for 180 days from the date of opening.

All samples, drawings and specification if any enclosed with tender documents are the property of NTPC Limited. The use of these documents by any body for any other purpose is strictly prohibited. NTPC reserves the right to take legal action on proof of such infringement.

Yours faithfully,

For & on behalf of NTPC Limited Encl.:1. 2. 3. 4. 5. 6. 7. 8. Instruction to bidders - PAGE 03 TO 06 General Purchase Conditions - PAGE 07 TO 14 Bill of Material - PAGE 15 Technical specification - PAGE 16 TO 20 Qualifying Requirements PAGE 21

Experience Details For Qualification - PAGE 22 TO 23 Proforma for terms and conditions - PAGE 24 TO 25 Summary of price proposal - PAGE 26

9.

Statement of deviation - PAGE 27

10. Proforma for bank guarantee towards EMD. - PAGE 28 TO 30 11. NIT - PAGE 31 TO 33 12. Drawings : Page 34 to 35

NTPC Limited (A Govt. of Inida Enterprise)

AURAIYA GAS POWER STATION PO.: DIBIYAPUR, Distt. AURAIYA (U.P.) 206 244
Tele: 05683-282492/282382 Fax No.: 05683-282341/282492 E-mail: akmalhotra@ntpc.co.in

INSTRUCTIONS TO BIDDERS:

Each of these instructions must be read carefully and followed strictly. Failure in complying with any of these would render your offer liable for rejection.

1.0 The offer should be in sealed envelope and preferably be sent by Registered post / Speed post. Intending bidders are advised to post their offers well in time so as to reach us before bid due date and time. Offers sent through courier / by hand shall not be accepted if presented after the due date and time of submission of bids. In the event of any contingency, a bidder may send his offer by fax / e- mail with all terms and condition. The same shall also be considered subject to the fulfillment of the following: a) The fax should have been transmitted before the due date and time for submission of bid.

b) Confirmation that the confirmatory copy has been sent by Registered post / Speed post only at least one day before the scheduled bid opening date. 2.0 Offer must be preferably typed and submitted in duplicate.

3.0 The enquiry no, bid due date and details of Earnest Money Deposit (EMD) should be super scribed on the envelope failing which the offer may be rejected. 4.0 (a) If the tender enquiry is passed to an agent / dealer duly authorised by the vender, to whom enquiry was sent originally, a proper letter of authority should be sent in advance by the party invited to quote and a copy of the same may also be enclosed along with the bid. (b) In case of any change in the name of the company / address viz-a-viz what has been indicated in the tender enquiry bidders are requested to intimate such change in advance supported by relevant documents failing which the offer may be treated as unsolicited and run the risk of being not opened.

5.0 The quoted price must be written in both figures and words in capital letters, alteration if any should be made clearly by crossing the whole entered rate and last corrections should be attested by the bidder with their full signature and rubber stamp. In no case there should be overwriting and the tenders with such overwriting shall be liable for rejection. In case of any discrepancy between figures and words, the rates in words shall be considered for the purpose of evaluation. In the event of an error occurring in total amount column of bid price proposal as a result of wrong extension of the unit rate and quantity, the unit rate shall be regarded as firm and extension shall be amended on the basis of unit rate. 6.0 BID SECURITY (EMD): Offers shall be accompanied with earnest money deposit (EMD) of requisite value as specified, in a separate envelope failing which offer are liable for rejection. EMD (Bid Security), at bidder s option, may be furnished in any of the following forms: (a) Crossed pay order / demand draft/ Bankers cheque in Favour of NTPC LTD

(b) Bank Guarantee from a Nationalized Bank/ other banks (as per NTPC approved list) irrevocable and operative till a period of forty-five (45) days beyond the original bid validity period of the offer. (as per proforma enclosed).The format of Bank Guarantee towards bid security shall be in accordance with the form of bid security included in the bidding document. The bid security shall remain valid for a period of forty five (45) days beyond the original bid validity period or beyond any extension in the period of BID validity subsequently requested. (c) ANY BID NOT ACCOMPANIED BY AN ACCEPTABLE BID SECURITY IN A SEPARATE SEALED ENVELOPE IN ACCORDANCE WITH AFORESAID PROVISIONS SHALL BE REJECTED BY THE EMPLOYER AS BEING NON RESPONSIVE AND RETURNED TO THE BIDDERS WITHOUT BEING OPENED. (d) The bid security of all the unsuccessful bidder will be returned as promptly as possible, but not later than one month after the expiration of the bid validity period. (e) The bid security of the successful bidder to whom contract is awarded will be returned when bidder has furnished CPG / SD pursuant to bid document. (f) The Bid Security (EMD) shall be forfeited in any of the following circumstances by the employer / owner without any notice or proof of damage to the owner etc. 1) If the bidder withdraws or varies its bid during the period of bid validity specified by the bidder in the bid form. 2) If bidder does not accept the correction of its bid price pursuant to bid documents.

3) If the bidder does not withdraw any deviation listed in prescribed deviation schedules of BPS at the cost of withdrawal indicated by him. 4) If the bidder refuses to withdraw, without any cost to the owner, any deviation not listed in prescribed deviation schedule of BPS but found else ware in the BID. Small Scale Industries registered with the National Small Scale Industries Corpn. and U.P. State small Scale Industries Corporation only shall be exempted from the payment of Earnest Money Deposit/ Tender Fee, provided the quoted value of the tender is within the monetary limit for the said unit set by NSIC / UP State Directorate of Industries. Bidder seeking exemption should enclose a photocopy of valid registration certificate preferably attested by Gazetted Officer/ Magistrate Ist class, giving details such as validity, stores 6

and monetary limits, failing which they run risk of their tenders being passed over as ineligible for this concession. SSI units registered in the U.P. State is also entitled for exemption of EMD. 7.0 The rates quoted shall be on FOR destination Station basis. If the vendor quotes on FOR destination station or FOR Dispatching station / Ex-works but freight paid up to destination basis, packing and forwarding and freight components should be shown separately as E.D. and S.T. shall be payable on Ex-work price only and shall not be applicable on fright charges. However if the vendor quotes on Ex-works / FOR Dispatching station with out quoting for freight following loading shall be done to arrive at freight component which shall be considered for Bid evaluation: 1 Up to 300 KM 2% on basic price

2 300KM to 500KM - 3% on basic price 3 500KM to 1000KM - 4% on basic price 4 Above 1000KM - 5% on basic price. 8.0 Offer should be strictly as per the specification/ drawings / samples as spelt out in the enquiry. Deviations there from, if any, shall be clearly spelt out by the bidder in the deviation statement only. In case no such deviations are indicated, it shall be taken for granted that the item has been offered strictly as per requirements given in the enquiry. 9.0 Bidder should base his offer on the delivery schedule indicated in the enquiry. In case of any deviation, the bidder should quote his best, realistic delivery. The same shall be specified and guaranteed. The delivery period shall commence from the date of Telex / Fax of intent / Letter of intent / Purchase Order whichever is first information of acceptance of vendor s offer. Final dates of delivery shall be date of dispatch of materials evidenced by the relevant goods Receipt Note (GR). Wherever stage inspection / pre-dispatch inspection is involved, the vendor shall take into account 21 days notice to NTPC for deputing the Inspector. The delivery period shall be inclusive of the time taken for such inspection. For delays beyond the contractual delivery period, provisions of NTPC General Purchase Conditions shall apply. 10.0 NTPC reserves the right, to accept or reject any / all offers without assigning any reason thereof, to increase / decrease the tendered quantities. The quoted rates, terms and condition shall apply. 11.0 In case of non submission of quotations, bidder may sent a regret letter and return all drawings etc. if any, enclosed with the enquiry. 12.0 Order placed as a result of this enquiry shall be subject to the purchaser s General Purchase Condition. Bidder is requested to confirm acceptance in toto in their offer. 13.0 Make/ Brand of the item offered shall be specified failing which offers are liable for rejection.

14.0 Our standard terms of payment are 100% payment within 30 days of receipt and acceptance of material at our store. In case of any deviation in payment terms loading for interest on the advance payment @ 1% of landed cost per month shall be considered. 15.0 The Basic prices quoted shall be exclusive of Excise duty and Sales Tax. The rate and nature of Sales Tax applicable shall be shown separately. Sales Tax will be paid to the seller at which it is liable to be assessed or has actually been assessed on the date of supply provided the transaction of sale is liable to Sales Tax. In case the quoted goods are subject to Excise Duty, rate of ED applicable shall be shown separately. The vendor shall have to furnish documentary evidence as proof of having paid the same. Requirement of Concessional Sales Tax form if any may be clearly indicated in the offer. In case of variable excise duty, maximum quantum of excise duty will be loaded for comparison purposes. 7

16.0 If the tender is on DGS & D rate contract for enquired items, a copy of it should be enclosed along with the offer. Units registered with SSI/NSIC shall indicate the registration number and enclosed copy of the registration certificate. 17.0 Test Certificate of Manufacturer / Govt. Test House shall be required to be submitted wherever so stipulated. 18.0 Samples shall be submitted with the offer wherever asked for and it is to be noted that they shall only be supplementary to specification and would not supersede the specification. Samples are relied upon solely to describe attributes that are not quantifiable like color, luster, feel etc. Bidder shall submit samples freight paid, through registered post / parcel / road transport and should ensure that samples reach NTPC within the stipulated date and time. No cognizance will be given to such samples, which are received after the specified date and time. 19.0 Bidders shall certify that quoted rates are as applicable to Govt. Depts / Public Sector undertakings.

20.0 The quoted rates must be firm till the complete execution of the contract and must be valid for a period of 180 days (Six Months) from the date of opening of tenders for placement of order. 21.0 Bidders are requested to fill in the enclosed proforma for terms and condition, Bid price proposal sheet and submit the same along with their offer in Duplicate. 22.0 In case of placement of order the bidder shall be required to furnish Security Deposit @5% of order value. The Security Deposit may be furnished in any of the forms as detailed in clause no 6.0. 23.0 In the event of an order, if asked for, the successful bidder shall be required to furnish a Performance Bank Guarantee @ 10% of order value from any Nationalised Bank valid for entire guarantee period plus 90 days (As per NTPC format) . However if 10% of order value is less than Rs20,000/= B.G. is not acceptable and contract performance guarantee in any other form as per clause no 6.0 shall be furnished by the bidder. 24.0 The list of customers to whom bidder had supplied similar equipment in the past along with the purchase order no and date etc and performance if any should be furnished. 25.0 In case the material offered is of ISI mark / tested at any Govt. recognised test house copies of relevant test certificates should be enclosed with the offer. 26.0 Deviations specifically declared by the bidders in the respective Deviation Statement of Bid Proposal Sheets only will be taken into account for the purpose of evaluation. The bidders are required to declare the prices for the withdrawal of the deviations declared by them in the Deviation Statement Such prices declared by the bidders for the withdrawal of the deviations in the Deviation Statement shall be added to the bid price to compensate for these deviations, In case prices for the withdrawal of deviations are not furnished by the bidder, the Owner shall convert such deviations into a Rupee value and add to the bid price to compensate for these deviations. In determining the Rupee value of tile deviations, the Owner will use parameters consistent with those specified in the specifications and documents and /or other information as necessary and available to the Owner. In case the bidder refuses to withdraw the deviations at the cost of withdrawal indicated by the bidder in the Deviation Statement, the bid security of the bidder maybe forfeited. Bidders may note that deviations variations and additional conditions etc. found elsewhere in the bid other than those stated in the Deviation Statement, save those pertaining to any rebates, shall not be given effect to in evaluation and it will be assumed that the bidder complies to all the conditions of Bidding Documents. In case bidder refuses to withdraw, without any cost to the owner, those deviations which the bidder did not state in the Deviation Statement, the bid security of the bidder maybe forfeited. 27.0 Bidders may note that the due date and time of opening of tenders will be strictly adhered to and 8

accordingly if they wish to present themselves in the tender opening, they should bring necessary authorization letter from the company. However, due to declaration of unexpected holiday or any unforeseen circumstances the tenders are not opened on the date the same will be opened on the next working day. 28.0 Bidders should note that printed terms and conditions shall not be considered for evaluation purpose unless otherwise specifically mentioned in the offer itself. 29.0 Bidders should quote their prices excluding insurance charges as all transit insurance will be covered by NTPC open policy. To this effect loading of 0.15% shall be done on their offered basic price plus taxes taken together towards insurance charges. 30.0 In case any clause is not acceptable to the bidders, the same should be specifically brought out in the bid with a categorical confirmation that all other clauses are acceptable to the bidder. If no mention is made in this regard, it shall be presumed that all the clauses mentioned herein are acceptable to the bidder. 31.0 The offer should be valid for a period of 180 days from the date of bid opening.

32.0 NTPC at its sole discretion unilaterally can change the quantity to the extent of +20% as indicated in the NIT unless otherwise specified. The bidder would be bound to supply this quantity on the same terms and condition of price and delivery. 33.0 Bidders should note that the exchange rate applicable on the BOD shall be considered for Evaluation purposes in case offers are submitted in foreign currency. 34.0 NTPC reserves the right to allow the purchase preference as admissible under the existing policy of the Govt. of India to bid from: a) Central Public Sector Enterprise (CPSE) registered under the companies Act 1956 and statutory CPSEs b) Joint venture companies where holding of Government and / or CPSE is 51% or more and joint ventures which are subsidiaries of CPSEs with CPSEs holding 51% Equity or more c) Those privatized CPSEs where specific Govt. approval has been accorded for the specific period from the date of disinvestments. A minimum value addition of 20% by the CPSEs / joint venture units by way of manufacture and / or services would be a pre requisite for availing purchase preference. The purchase preference shall be applicable if the price quoted by the lowest competing private sector bidder is Rupees five crores and above. The purchase preference shall be applied by increasing the evaluated price of the competing private sector bidder by 10 %. The bidder may apprise them selves of the relevant notification of the Govt. of India in this regard before submission of bids. 35.0 General purchase condition shall be applicable.

NTPC Limited

(A Govt. of Inida Enterprise)

AURAIYA GAS POWER STATION PO.: DIBIYAPUR, Distt. AURAIYA (U.P.) 206 244
Tele: 05683-282492/282382 Fax No.: 05683-282341/282492 E-mail: akmalhotra@ntpc.co.in

15.4. GENERAL PURCHASE CONDITON

1.

Definition

The following terms and expressions used herein shall have the meaning as indicated therein: -

Supplier / Vendor: Shall mean the individual firm, Company or Corporation whether incorporated or otherwise to whom this Purchase Order is addressed and shall include its permitted assigns and successors.

Purchaser / Owner: Shall mean NTPC Limited, a company incorporated in India under the companies Act. 1956, having its registered office at NTPC BHAWAN SCOPE COMPLEX, Core-7, Institutional Area, Lodhi Road, New Delhi- 110003, and shall include its permitted successors and assigns.

2.

Reference

The number of this Purchase Order must appear on all correspondence, drawings, invoices, packing and shipping documents and on all documents or papers connected with Purchase Order.

3.

Specifications and Drawings

Any information, details etc. called for in the specification and not shown in the drawings and vice-versa shall have the same effect and meaning as if called for and shown both in the specification and drawing. In case of conflict between the specifications and drawings, the decision of the Purchaser or his duly authorized 10

representative shall be final and binding.

4.

Price Basis

Price mentioned in the Purchase Order shall be firm and not subject to escalation till the execution of the complete order and its subsequent amendments accepted by the vendor even though the completion / execution of the order may take longer time than the delivery period specified and accepted in the Purchase Order.

5.

Taxes, Levies and Duties

Sales Tax, Levies and any other duties payable shall be shown separately in the invoice. This shall be to the account of the Purchaser / Owner, unless otherwise mentioned in the Purchase Order.

6.

Inspection / checking Testing

All materials / equipments manufactured by the vendor himself and / or his sub-vendor against the Purchase Order shall be subject to inspection, check and or / test by the Purchase or his authorized representative at all stages and places, before, during and after the manufacture. All these tests shall be carried out in the presence of Owner and / or his authorized representative. Vendor shall notify the Purchase at least 10 days in advance when the material / equipment is ready for inspection. If upon delivery the material/ equipment does not meet the specifications, the materials / equipment shall be rejected and returned to the vendor for repairs / modification etc. or for replacement. In such cases all expenses including the to-and fro freight, repacking charges etc. shall be to the account of the vendor.

Inspection by the purchaser and / or his authorized representative or failure by the purchaser and / or his authorized representative to inspect the material / equipment shall not relieve the vendor of any responsibility or liability under this Purchase order in respect of such material / equipment not be interpreted in any way to imply acceptance there of by the Owner.

Whenever specifically asked for by the Owner and / or his duly authorized representative, the vendor shall arrange for inspection / testing by Institutional Agencies such as Lioyde Register of Industrial Services, Boiler 11

Inspectorate, etc. In such cases vendor shall adhere to the inspection / testing procedure laid down by such agencies. All expense including inspection fees shall be to the vendor s accounts unless agreed to the contrary and specified in the Purchase Order.

7.

Access to Vendors Premises

The Owner and / or his authorized representative shall be provided access to vendors and / or his sub-vendors premises, at any time during the pendency of the Order, for expediting, inspection checking, etc. of work.

8.

Removal of Rejected Goods and Replacement

If upon delivery, whether inspected and approved earlier or otherwise, the material / equipment is not in conformity with the specifications, the same shall be rejected by the Purchaser or his duly authorized representative and notification to this effect will be issued to the vendor normally within 30 days from the date or Receipt of the material at the Works/ Site/ Office.

The vendor shall arrange removal of the rejected items within 15 days from the date of notification. In the event, the vendor fails to lift the materials within days, the Owner shall be at liberty to dispose of such rejected items in any manner as he may think fit. All expenses shall be recoverable from the vendor.

9.

Terms of Payment

The payment will be made by the Owner to the vendor in accordance with terms and conditions specified in the Purchase Order. All payments shall normally be made from the office of the Purchaser situated at NTPC AuGPS Dibiyapur .

10.

Additions / Alterations / Modifications

The Owner reserves the right to make additions / alterations / modifications to the quantity of the items in the Purchase Order. The vendor shall supply such quantities also at the same rate as originally agreed to and incorporated in the Purchase Order. If, however, the additional work is at variance in design, size specifications and not already covered by the Purchase Order or the amendments therein, the rates for such additional work shall be negotiated and mutually agreed.

12

11.

Delivery Schedule

Time is the essence of this Order and no variation shall be permitted in the delivery time/ delivery schedule mentioned in the Order. Delivery of the equipment / materials described shall be deemed to constitute acceptance of this Order and Terms and Conditions by the vendor at the price specified.

12.

Liquidated Damages for Delay in Delivery

12.1 In case of any delay in the execution of the Order beyond the stipulated date of delivery / delivery schedule including any extension permitted in writing the Owner reserves right to recover from the vendor a sum equivalent to 0.5% of the value of the delayed materials / equipment for each week of delay and part there of subject to a maximum of 5% of the total value of the Order.

12.2 Alternatively, the Purchaser reserves the right to purchase the material / equipment from elsewhere at the sole risk and cost of the vendor and recover all such cost incurred by the purchaser in procuring the material by the above procedure.

12.3 Alternatively the purchaser may cancel the Order completely or partly without prejudice to his right under the alternatives mentioned above.

12.4 In event or recourse to alternative 12.2 and 12.3 above, the Owner will have the right to repurchase the stores, which are readily available to meet the urgency in requirement caused by vendors failure to comply with the schedule delivery irrespective of the fact whether the materials / equipments are similar or not.

13.

Source of Supply

The vendor shall ensure that the indigenous capacity is utilized to the fullest extent possible in execution of this Order. Where the imports are unavoidable, all such items shall be imported by the vendor in good time against his own import licence without effecting the contractual delivery schedule.

14.

Patent Rights

Royalties and fees for patents covering material / equipment or process used in executing the work shall be to the account of the vendor. The vendor shall satisfy all demands that may be made at any time for such 13

royalties and fees and he alone shall be liabel for damages, Infringement and shall keep the Purchaser indemnified in that regard in the event of any equipment/ material or part thereof supplied by the vendor is involved in any Suit or other proceedings held to constitute infringement and its use is enjoyed, the vendor shall, at his own expense, either procure for the Purchaser the right to continue the use of such equipment / material or replace it with a non-infringing material / equipment or modify it so it become non-infringing. 15. Force Majeure

Vendor shall not be considered in default if delay in delivery occurs due to causes beyond his control such as acts of God, natural calamities, civil, strike, fire, frost, floods, riot and acts of unsurpassed power. Only those causes which have duration of more than 7 days shall be considered cause of force / calendar majeure. A notification to this effect duly certified by local chamber of commerce / statutory authorities shall be given by the vendor to the Owner by registered letter. In the event of delay due to such causes, the delivery schedule will be extended for a length of time equal to the period of force majeure or at the option of the Owner, the order may be cancelled. Such cancellation would be without any liability what so ever on the part of the Owner. In the event of such cancellation, the vendor shall refund any amount advanced or paid to the vendor by the Purchaser and deliver back any materials issued to him by the Purchaser and release facilities, if any provided by the Purchaser.

16.

Cancellation

The Owner reserves the right to cancel the Order in the part or in full by giving one weeks advance notice thereby if.-

(a) (b) (c) (d)

The vendor fails to comply with any of the terms of the Order. The vendor becomes bankrupt or goes into liquidation. The vendor makes general assignment for the benefit of the creditors. Any Receiver is appointed for the property owned by the vendor.

17.

Waiver

Any waiver by the owner of any breach of the terms and conditions of the Order shall not constitute any subsequent breach of the waiver of any other right or conditions.

18.

Compliance of Regulations 14

The vendor shall warrant that all Goods and / or services covered by this Purchase Order shall have been produced, sold, dispatched, delivered, tested and commissioned in strict compliance with all applicable laws, regulations including industries (Development & Regulations) Act, 1951 and any amendments there under, labour agreements, working conditions and technical codes and requirement as applicable from time to time.

The vendor should execute and deliver such documents as may be needed by the Purchaser in evidence of compliances. All laws, rules and regulations required to be reference. Any liability arising out of contravention of any of the laws on executing this order shall be the sole responsibility of the vendor and the owner shall not be responsible in any manner whatsoever.

19.

Sub - Letting & Assignment

The vendor shall not sub-let, transfer or assign any part of this Purchase Order, without the prior written consent of the Purchaser. Such assignments or subletting shall not relieve the vendor from any obligation, duty responsibility under his Purchase Order. Any assignment. Transfer or subletting without the prior written approval of the owner shall be void. The purchaser shall have the right to cancel the order and to purchase the goods from elsewhere and the supplier shall be liable to the purchaser for any loss or damage which the purchase may sustain in consequence or arising out of such purchase and the vendor shall indemnify such loss or damage to the owner.

20.

Vendors Drawing & Date

All Drawing, data and documentation in respect of the ordered items are an integral part of the Purchase Order. The vendor will furnish all such drawing, data and documentation to the Purchaser. The schedule for submission of these documents by the vendor and the required number for copies shall be specified by Purchaser. The vendor shall ensure strict compliance to this schedule.

21.

Information Provided by the Purchaser

All Drawing, data and documentation that are given to the vendor by the Purchaser for the execution of the Order shall be the property of the Purchaser and shall be returned by the vendor on demand by the Purchaser. The vendor shall not make use of any of the above documents for any purpose at any time except for the purpose of executing the Order to the Purchaser. The vendor shall not disclose any of the information given by the Purchaser to any person, firm, body, corporate and or authority and shall use all endeavors to ensure that the above information is kept confidential. All such information shall also remain the absolute property of the Purchaser. 15

22.

Spare Parts, Oils & Lubricants.

Wherever applicable, the vendor shall furnish item wise price list of spare parts required for two years operation of the equipment ordered. The vendor shall also provide the necessary instructions and drawings to identify the spare part numbers and their location as well as interchangeability chart. The vendor shall recommend the quality of oils and lubricants required to be used in the operation of the equipment supplied under this Order for a continuous operation for a period of at least one year.

23.

Vendors Liability

Vendor hereby accepts full responsibility and indemnifies the Purchaser and shall hold the Purchaser harmless form all acts of omission and commissions on the part of the vendor, his agents, his subcontractors and employees in execution of the Order. The vendor also agrees to defend and hereby undertake to indemnify the Purchaser and also hold him harmless from any and all claims for injury to or death of any all persons including but not limited to employees and for damage to the property arising out of or in connection with the performance of the work under the Purchase Order.

24.

Purchasers Materials.

(a) In case the Purchase has to supply Free Issue Materials under the Purchase Order, the same shall be issued to the vendor only when the vendor submits a Bank Guarantee indemnity bond for the full value thereof strictly in the manner and as per the proforma of the Bank Guarantee indemnity bond approved by the Purchaser.

(b) Wherever possible such Free Issue Materials shall be consigned to the vendor s sidings. In case vendor does not have any siding or for any reasons materials can not be consigned to has siding the same shall be consigned to the public siding / Goods Depot, to be the specifically confirmed by the vendor. The loading / unloading and any further handling of such materials for the siding / destination shall be arranged by the vendor at his own cost and responsibility.

(c) The vendor shall give a Firm List of Free Issue Materials and the schedule of their delivery strictly in accordance with the sequence of fabrication vis--vis the delivery schedule.

(d) Unused material or scrap from the Free Issue Materials supplied by the Purchaser shall be returned to the Purchaser or if the Purchaser so directs, the vendor may dispose off the same by sale or otherwise on such terms and conditions as the Purchaser may stipulate and the vendor shall pay the Purchaser 16

the sale proceeds of such sale of the materials deducting there from expenses incurred by him on such sale, (the quantum of such deduction to be mutually agreed upon in advance between the Purchaser and the vendor) by means of D.D. in favour of NTPC Ltd.

25.

Packing and Marking

All goods shall be securely packed in cases, bundles, crates etc. suitable for Rail Road Sea transport. All exposed services / connections, protrusions shall be properly protected. All unexposed parts shall be packed with due care and the packages should bear the words Handle With care The Packing of the goods to be transported by Rail-Road shall be as per the conditions laid down by the appropriate authorities and the vendor shall obtain clean railway / goods receipt with out any qualifying remarks.

All packages and unpacked materials shall be marked on at least two places indicting the name of the Purchaser / Consignee, Purchase Order No., gross and net weights and dimensions with indelible paint in English. In case of bundles, metallic plates marked with the above details shall be tagged with such bundles.

All goods should be dispatched as per the relevant terms of the Purchase Order. In case any mode of transports has to be resorted to other than that mentioned in the Purchase Order, the same should be done only after obtaining prior approval in writing from the Purchaser. All movement sections. Loading permissions etc. from the railway authorities shall be obtained by the vendor. The vendor shall communicate the relevant dispatch particulars immediately on dispatch by telex / telegram to the consignee as specified in the Purchase Order.

The vendor shall also forward original and copies of dispatch documents to the concerned authorities as required in the Purchase order within two days from the date of dispatch, failing which the vendor shall be responsible for any delay in payments of consignment for want of documents and consequent demurrage, detention charges, etc.

26.

Sale conditions:

With the vendor s acceptance of the provisions of this Purchase Order, he waives and considers as cancelled any of the general/ special sales conditions.

17

27.

Modifications:

This order constitutes an entire agreement between the parties hereto. Any modifications to this order shall become binding only upon the same being, confirmed in writing duly signed by both the parties.

28.

Performance Guarantee.

The vendor shall ensure that all material/ equipment / service executed / rendered under this order shall confirm to the purchasers requirements and specifications. The vendor guarantees the material / equipment / services under this order AS SPECIFIED IN TECHNICAL SPECIFICATION. The vendor agrees to replace any material, which has been proved defective or fails to conform to the desired specified specifications free of cost to the Purchaser. The guarantee period for such part shall be the same as that equipments / services rendered or specified earlier. The vendor shall furnish to the 10% of the total value of the order, as per the proforma enclosed towards the performance guarantee for the guarantee period. Bank Guarantee shall be from any Nationalized Banks / other banks as per NTPC approved list. The Purchaser shall at his discretion have recourse to the said Bank Guarantee for the recovery of any or all amount due from the vendor in connection with the contract including of guarantee obligations. Checking/ approval of vendors drawings, inspection and acceptance of material/ equipment / furnishing to effect shipment and / or work done for erection, installation and commissioning of the equipment by the Purchaser or any other agency on behalf of the Purchaser shall not in any way relieve the vendor from the responsibility for proper performance during the guarantee period.

29.

Mode of Despatch

In case of advance payment or payment through Bank, vendor shall dispatch the materials as per schedule mode of dispatch and through approved transporter indicated in the purchase order and any violations to this effect without taking prior written approval from the purchaser is not permissible.

30.

Demurrage/ Wharf age.

In case where documents are negotiated through Bank, any consequential charges e.g. demurrage / Wharf age charges, due to late retirement of documents on account of (i) violation of the inspection clause, (ii) materials dispatched after expiry of delivery period without obtaining approval in advance for extension of delivery period (iii) dispatch of materials not as per schedule mode of dispatch / approved transporter as per P.O. (iv) late receipt of invoice or due to violation of any other clause/ clauses of the purchase order will Be to the vendors account. Supplier would also be responsible for all such payment due to late receipt of RR/LR and other documents.

31.

Acceptance 18

The vendor shall return duplicate copy of the purchase order and the other enclosed documents duly signed as a token of acceptance, within 15 days from the date of receipt of this order.

32.

Arbitration.

1 (a) In the event of any, dispute or difference whatsoever arising under this contract or in connection therewith including any question relating to existence, meaning and interpretation of the contract or any alleged breach thereof, the same shall be referred to the sole Arbitration of the General Manager of the National Thermal Power Corporation Limited or to a person appointed by him for that purpose. The arbitration shall be conducted in accordance with the provisions of the Arbitration and conciliation Act, 1996 and award of Arbitrator shall be final and binding on both the parties. (b) It will be no objection that the Arbitrator is an interested person and/ or that he had to deal with the matters to which the contract relates and/ or in the course of his duties he has expressed any view on any matter in dispute or difference. The award of arbitrator shall be final and binding. (c) In the event of Arbitrator dying, neglecting, resigning or being unable to act for any reason or his award being set aside by the court for any reason, it will be lawful for the General Manager of the said National Thermal Power Corporation Ltd. to appoint another Arbitrator in place of the outgoing Arbitrator. (d) It is a terms of this contract that no person other than a person appointed by GM , NTPC as afore said shall act as an Arbitrator and that , if for any reason that is not possible, the matter should not be referred to arbitration at all. (e) The Arbitrator may from time to time, with the consent of all parties enlarge the time in making the award. (f) The cost incidental to the arbitration shall be at the discretion of the Arbitrator. The arbitration shall be conducted at New Delhi or at such other place or places as the Arbitrator may decide. (g) Not withstanding any dispute between the parties supplier shall not be entitled to withhold delay or defer his obligations under the contract and same shall be carried out strictly in accordance with the terms and conditions of the contract. (h) In the event of disputes of difference arising between the Public Sector Enterprises and a Government, Government the provisions of BPE office memorandum No. BPE/GL-001/76/MAN/2110-75-BPE (GML-1) dated Ist Jan 1976 shall be applicable.

33.

Jurisdiction

The court at Auraiya shall have exclusive jurisdiction to entertain and try all matters arising out this contract.

19

(1) The arbitrator shall give his speaking or reasoned award with respect to the disputes referred to him by either of the parities.

Vendors Signature Name and address: For and on behalf of NTPC Ltd.

BILL OF MATERIAL

UNIT PRICE (IN WORDS AND FIGURES SL NO MATERIAL CODE DESCRIPTION OF MATERIAL UNIT QTY. EX-WORK / FOB ) (STRIKEOUT WHICHEVER IS NOT APPLIICABLE) 01 M4590206024 EXPANSION JOINT: METALLIC EXPANSION JOINT NO 6

TECHNICAL DATA SHEET 20

SL NO MATERIAL CODE

01

M4590206024

Material PO Text ( Long Desc/ Tech spec) NAME OF WORK: Design, engineering, manufacture, supply, inspection and testing at manufacturer s works, packing, inland transport, storage, supervision during erection, testing, commissioning, of Rectangular section round corner Metallic Expansion joint (GE-2 & GE-3) for WHRB Inlet Duct at NTPC AUGPS. SCOPE OF SUPPLY: The scope of supply shall include Design, engineering, manufacture, supply, inspection and testing at manufacturer s works, packing, inland transport, storage, supervision during erection, testing, commissioning, of Rectangular section round corner Metallic Expansion joint (GE-2 & GE-3) for WHRB Inlet Duct at NTPC AUGPS.

TECHANICAL SPECIFICATION

1.0 INTENT OF SPECIFICATION: Equipment, accessories and services to be furnished in accordance with this specification shall include Design, engineering, manufacture, supply, inspection and testing at manufacturer s works, packing, inland transport, storage, supervision during erection, testing, commissioning, trial run, of Rectangular section round corner Metallic Expansion joint (GE-2 & GE-3) for WHRB Inlet Duct at NTPC AUGPS. Bidder is requested to carefully examine and understand the specifications and seek clarifications, if required, to ensure that they have understood the specifications as intended by the owner. Such clarifications should be sought within two weeks from the date of the notice inviting tender. In the absence of any specific clarifications sought by the bidder, the interpretation of the owner will be final. The bidder s offer should not carry any sections like clarifications, interpretations and /or assumptions. All the relevant data of the existing metallic expansion joint is being furnished for the BIDDER TO CORRECTLY ASSESS THE QUANTUM OF WORK INVOLVED. However bidder is requested to visit site to acquaint him self of the existing facilities and offer the intended metallic expansion joint in totality. No cost compensation shall be entertained by the owner during execution stage on account of non-clarity in the scope of work. Bidder has to provide QAP (Quality Assurance Plan) and material test procedures as per IS standard and get it approved from site prior to supply the material. The offer shall contain all the technical details of the product offer along with the deviations, if any, from the scope of work. Party shall submit their own General arrangement drawing with specification of material along with their offer to meet the service conditions.

21

Annexure- I

TECHNICAL DATA SHEET

Name of work: Design, engineering, manufacture, supply, inspection and testing at manufacturer s works, packing, inland transport, storage, supervision during erection, testing, commissioning, of Rectangular section round corner Metallic Expansion joint (GE-2 & GE-3) for WHRB Inlet Duct at NTPC AUGPS. S.NO ITEM DESCRIPTION REMARKS Eng. Spef. TAG. / Drg. Ref. Expansion Joint Type (EJ Type) Duct Size (Inside)& Shell thickness Working/ Design Pressure Working Temp. Mfg. Free Length 600 C 1010 MM (approximate) 110 MM (approximate) 300 MM WG 1400/MM-311 AX 8038 x 4982 MM 6MM

Axial Movement (design)

Vertical movement of the WHRB duct as shown in attached drawing. 65 mm (approximate) As measured at site Total No. of convolutes 4 + 4 ( tentative)

Active Length over convolution 240 MM + 240 MM (approximate) Material of construction (MOC)

Bellows element SA 240 TP 321,1.6 MM thick X 1 PLY, Suitable heat & corrosion resistant Stainless Steel to with stand 600C End Plate SA 387-12-1,6MM thick, /A387 GR.11,CL-1, 6MM thick, Suitable heat resistant steel to withstand 600C Insulation supports (External) SA 387-12-1,6MM thick, /A387 GR.11,CL-1, 6MM thick, Suitable heat resistant steel to withstand 600C Seal Plate SA 240 TP 321,2.0 MM thick

22

Drawing Enclosed Drg. is for tender purpose only. NOTE: --(1). Bellows Expn. Joint should confirm to design Standards of EJMA (5th Edition)/ & welding as per ASME Sec.IX /AWS.

Terms &conditions

Design, engineering, manufacture, supply, inspection and testing at manufacturer s works, packing, inland transport, storage, supervision during erection, testing, commissioning, of Rectangular section round corner Metallic Expansion joint (GE-2 & GE-3) for WHRB Inlet Duct at NTPC AUGPS. I. Delivery Terms: -

1.Expansion joint rates shall be inclusive of the charges for supervision works during the nstallation at NTPC site.

2. Qualified bidders are advised to visit plant to see the system so as to enable them to design & mfg. of expansion joints accordingly to suit with the existing duct arrangement. Integration / fitment (interchangeability) of the supplied Expansion Bellows with the existing duct system is the responsibility of vendor.

3. Successful vendor may submit their design details & drawing. for NTPC review & acceptance prior to start of manufacturing. Party has to submit their quality plan and testing procedure for approval before the manufacturing preferably with their offer.

4. Payment Terms: 70% after PDI clearance & dispatch to site, 20% after erection & fitment, 10% after commissioning.

5. Party shall submit a bank guarantee as per NTPC Norms valid for 24 months from date of receipt or 15000 operating hours which ever is earlier. In the event of premature failure of the ME joints, then party shall repair or replace the joint on free of cost basis to the satisfaction of NTPC

6. Bidders may submit their own Quality Plan (QP).

23

II. Post Delivery Terms 1. Installation of joints: 1. Party has to depute his representative for installation supervision of every joint supplied by him at his own cost including to and fro journey fair. 2. Only accommodation available at NTPC guest house will be provided on chargeable basis for installation supervision. Installation with existing duct will be in the scope of NTPC however supervision for installation of Metallic expansion joint will be in the scope of vendor. The supervisor shall be well experienced to the related job and having capability to guide during execution of work. On receipt of P.O. vendor shall provide the detailed manual along with list of inputs required for erection of Bellows at site. So as to enable NTPC to prepare well in advance for installation work.

2. Successful Bidder should depute their supervisor/technical person for supervision during the installation immediately after information from NTPC.

CHECK LIST (Tentative)

Material: - Rectangular section round corner Metallic Expansion joint (GE-2 & GE-3) for WHRB Inlet Duct at NTPC AUGPS.

RAW MATERIAL:

1. Reputed make & tested quality virgin materials only be considered for use. Source of materials are to be produced along with co-related material Test Certificate (T.C). In the absence of material T.C from original manufacturer, samples shall be tested, at an approved lab, on random basis for Chemical/Mech/Metallurgical properties as applicable. Austenitic steels shall be made free of Inter-granular corrosion (IGC) effect. Manufacturing shall start only after clearance from NTPC of raw material testing. CHP.

2. Materials shall be free from crack, damages, pin holes etc. and is to be ensured by vendor with suitable NDT method.

24

In Process Inspection. 1. All good Engg. practices shall be followed in the fabrication process in order to achieve better quality and workmanship. 2. Dimensional check reports are to be maintained for NTPC verification. 3. All welding operations by qualified welder and as per approved WPS. WPS is to be submitted prior to start of welding. Welding with the convolutes shall be by TIG process only. CHP. 4. The construction of convolutes are to be joint less except for the corners. 5. Welding will be subjected to 100% DPT. W.

6. Leak test of bellow convolutes after completion of bending/forming/ welding etc. process by jet air / kerosene and or DPT method. W. 7. Guard, seal plates and other attachments etc. shall be welded only after NTPC inspection and clearance of the assembled bellow for its dimension, DPT, Leak test etc. CHP.

III. Final Inspection.

1. Inspection of expansion joints assy. for visual, dimensional checks as per TS/Drg. etc. W.

2. DPT for the weldment and leak test.

W.

3. Verification of internal inspection reports.

4. Performance related checks to prove the expansion and contraction of the bellows at the ambient temp. W.

5. Packing and transportation: Bellows shall be packed properly to avoid any damage in transit. CHP

CHP Customer holding points beyond which party will proceed only with NTPC permission.

25

Witnessing by NTPC.

QUALIFYING REQUIREMENT FOR METTALIC EXPANSION JOINT NAME OF WORK: Design, engineering, manufacture, supply, inspection and testing at manufacturer s works, packing, inland transport, storage, supervision during erection, testing, commissioning, of Rectangular section round corner Metallic Expansion joint (GE-2 & GE-3) for WHRB Inlet Duct at NTPC AUGPS.

1. The bidder should have Designed, engineered, manufactured, supplied, & commissioned at least two (2) numbers of metallic expansion joints rectangular/square of size at least four (4) meter at one side or circular one of size atleast of four (4) meter dia, in power plant/ steel plant/ fertilizer / refinery or other Petro chemical plants.

2. The above should have been in successful operation for at least two (2) years.

3. The bidder should have successfully completed above or similar work during last (7) seven years ending last day of the month previous of the one in which applications are invited either of the following:-

a)

Single (01) completed similar work of value not less than INR 35.4 lacs. Or

b)

Two (02) completed similar work of value not less than INR 22.12 lacs. Or

c)

Three (03) completed similar work of value not less than INR 17.7 lacs.

4. The average annual turn over of the bidder in preceding three (3) financial year as on the date of bid 26

opening shall not be less than INR 88.5 lacs.

Similar work means work of Metallic Expansion Joints.

27

AURAIYA GAS POWER STATION EXPERIENCE DETAILS FOR QUALIFICATION

Bidder s Name & Address

1.0 We confirm that we are qualified under clause 2 of qualifying requirement stipulated in the bidding documents.

2.0 We confirm that we have Designed, engineered, manufactured, supplied, & commissioned at least two (2) numbers of metallic expansion joints of size four (4) meter and above in power plant/ steel plant/ fertilizer / refinery or other Petro chemical plants during a period of Last seven (7) years reckoned from last day of the month previous of the one in which application are invited and the value of the 3 order of Designed, engineered, manufactured, supplied, & commissioned as of value INR 17.7 lacs or 02 (Two) order of Designed, engineered, manufactured, supplied, & commissioned as of value INR 22.12 lacs or 1 (one) order of Designed, engineered, manufactured, supplied, & commissioned as of value INR 35.4 lacs . The details in respect of above are given below: (Copy of purchase order / other relevant documents in support of meeting the QR is enclosed with the bid)

S.N. Name of customer Purchase Order no and date 1 2 3

Qty Unit Value (Rs)

Date of supply

Remarks

3.0 bid.

We possess the sales tax registration certificate and copy of the same is enclosed along with the

28

6.0 We confirm that our average annual turnover for the preceding 03 years i.e., 01/04/07 to 31/03/10 is not less than the Rs.88.5 lacs. The average annual turnover for the preceding 03 years is as under: 2010 2009 2008 2009 Rs________________

2008 - Rs________________ 2007 - Rs________________

Date:

Signature

..

Place:

(Printed Name)

Designation

(Common Seal)

..

Note: 1) Self attested documentary evidence in support meeting the QR.as per details mentioned above should be enclosed.

29

NTPC Limited (A Govt. of Inida Enterprise)

AURAIYA GAS POWER STATION PO.: DIBIYAPUR, Distt. AURAIYA (U.P.) 206 244
Tele: 05683-282492/282382 Fax No.: 05683-282341/282492 E-mail: akmalhotra@ntpc.co.in

PERFORMA FOR TERMS AND CONDITION

Please fill in the blank space and send the same along with your offer in duplicate otherwise you re your offer will be either treated as non responsive or suitably cost compensated for deficiencies as deemed fit by the corporation:

01 02 03

Name of company / Firm Central / State Sales Tax Registration no DGS&D Registration No if any

:________________________________ :________________________________ :________________________________

(Please enclose a copy of DGS&D rate contract if applicable) 04 05 06 07 08 09 10 11 NSIC / SSI Registration No if any :________________________________

Tender Enquiry no , Date and Due date :________________________________ Offer / Quotation No and Date :________________________________

Price basis (Ex-Works / FOR site store) :________________________________ Discount Packing and Forwarding charges Excise Duty Sales Tax :________________________________ :________________________________ :________________________________ :________________________________

30

12 13 14

Freight Charges Terms of Payment Bank Charges

:________________________________ :________________________________ : To be borne by seller. :Within __________weeks / days from the date of

15 Delivery period receipt of order. 16 17 18 Mode of dispatch Place of dispatch Earnest Money Deposit (NTPC reserves the right to Reject / Consider offer without EMD if Specifically asked for in Covering letter.) 19 Confirmation of submission of Performance Bank Guarantee. 20 Guarantee Period.

:________________________________ :________________________________ : Rs______________by______________ No ____________in favour of NTPC payable at _______________________

:________________________________

:________________________________

WE CONFIRM ACCEPTANCE TOWARDS THE FOLLOWING.

21 Transit Risk Insurance own insurance policy. 22 23 Validity Part order

: Insurance will be arranged by NTPC

against their

: 180 days from due date. : Acceptable.

24 Recovery for delay in delivery. : In case of delay in execution of Order beyond the stipulated date of delivery / delivery schedule, NTPC reserves the right to recover from the vendor a sum equivalent to 0.5% of the value of the delayed materials / equipment for each week of delay and part there of subject to a maximum of 5% of the total value of the Order. 25 Price variation : Price quoted shall remain firm till the complete execution of the order. (In case of any specific price variation formula the same shall be indicated). 26 Rate certificate applicable to other Govt. Deptts / PSU. : It is certified that the price quoted herein are same as

31

27 Guarantee Certificate : Material quoted shall be guaranteed for a period of AS SPECIFIED IN TECHNICAL SPECIFICATION 28 Interchangeability ( If applicable ) : It is certified that the quoted items are interchangeable with the items existing in NTPC AuGPS and if fail to interchange the same shall be replaced free of cost.

(Signature of the bidder with Name Designation & Office Seal)

SUMMARY PRICE PROPOSAL

Bidders Name :

Address : To, NTPC Ltd. Auraiya Gas Power Station P.O.Dibiyapur, Auraiya-206 244

Dear Sirs,

32

We declare that the following are our prices for Design, engineering, manufacture, supply, inspection and testing at manufacturer s works, packing, inland transport, storage, supervision during erection, testing, commissioning, of Rectangular section round corner Metallic Expansion joint (GE-2 & GE-3) for WHRB Inlet Duct at NTPC AUGPS. These prices are for the entire scope of the works as specified in your specifications and Bid documents. The terms and conditions mentioned in Bid documents are agreed except deviation stated in Deviation Statement: -

SLNO

ITEM DESCRIPTION EXPANSION JOINT: METALLIC EXPANSION JOINT

QTY

EX-WORKS UNIT UNIT RATE

Rs in Figure Rs . in words NO

1.

Total Ex-works Price

2.

Excise Duty

3.

Sales Tax:

CST LST Other Tax :

: :

4. b)

a)

Packing charges Forwarding Charges :

(Please refer Para 1.27)

5.

Octroi if applicable :

1.

Any other levy :

Freight for transportation to site Stores:

Total FOR site Store price 33

(in figures)

(in words)

Signature Name Place: Designation .

STATEMENT OF DEVIATION
FROM: Tenderer s Name & Address To: Sr.Manager (C&M) NTPC Auraiya P.O.Dibiyapur Distt.Auraiya U P 206 244

SUB:

Dear Sirs,

34

Irrespective of whatsoever has been stated to the contrary anywhere else in our offer, only followings are in deviation and variations from and exception to the specifications and tender documents for the above mentioned subject work. These deviations and variation are exhaustive. Except for these deviations the entire work shall be performed as per specifications and tender documents. Further, we agree that additional conditions, if any found in our offer other than those stated below, save that pertaining to any rebates offered, shall not be given effect to. Sl.No. Description of Deviation Ref. of page, clause& Monetary implication of the conditions in case of Vol. No. Of Bid documents withdrawal

Note: Here the Bidder should indicate the amount of money, if any, which he would charge extra (i.e. addition to the rates quoted by him) for withdrawal of his conditions/deviation and accepting the condition as stipulated in tender documents. (Use additional sheet of the same size and format, if necessary).

SIGNATURE: DESIGNATION: DATE

COMPANY SEAL

35

(On non-judicial stamp paper of appropriate value) Performa of Bank Guarantee in Lieu of Earnest Money Deposit

Ref:

Date: Bank Guarantee No:

To, NTPC Ltd. Auraiya Gas Power Station P.O. : Dibiyapur -206244 Dist: Auraiya (U.P.)

Dear Sirs, In consideration of NTPC Limited having its registered office at NTPC Bhawan Scope Complex, 7 , Institutional Area Lodi Road , New Delhi- 110003 (hereinafter called the Owner which expression shall unless repugnant to the subject or context include its successors and assigns)having issued invitation for bid under bid document no _________ M/s ____________*___ having its Registered / Head Office at ________________________ (hereinafter called the Tenderer ) who wishes to participate in the said tender for _____________________________. An irrevocable and unconditional Bank Guarantee against Bid Security for an amount of Rs _____________ valid up to __________ is required to be submitted by the tenderer in lieu of cash deposit as a condition precedent for participation in the said tender.

We the __________________________________________________ Bank incorporated under _____________ law and having one of our branches at _______________ and having our registered office / head office at _______(address)______________ do hereby unconditionally and irrevocably guarantee and under take to pay the Owner immediately on demand without any demur , reservation , protest and recourse to the extend of the said sum of Rs__________________(Rupees __________________________only). Any such claim / demand made by the said Owner on us shall be conclusive and binding on us irrespective of any dispute or difference raised by the tenderer.

36

This guarantee shall be irrevocable and shall remain valid up to _________. If any further extension of this guarantee is required, the same shall be extended to such required period(s) on receiving instruction from M/s___________________________ on whose behalf this guarantee is issued.

In witness where of the bank, through its authorized officer has set its hand and stamp on this day___________ day of _______________ 20 ______ at ___________

Your s faithfully

WITNESS

(Signature) ________________________________

________________________ (Signature)

(Printed Name) _____________________________

_________________________ (Name)

(Deisngation) _____________________________

_________________________ (Official address)

(Bank s common seal)________________________

(Power of Attorney No.) ______________________ Stamp __________________ (Date) ____________________________________

Note: 1 (*) Write the name and address of all the joint venture partners in case the bid is submitted by a joint venture in terms of Qualifying Requirements. 37

The bank guarantee shall be from a bank as per the provisions of the bidding documents.

3 The stamp paper of appropriate value shall be purchased in the name of guarantee issuing Bank / Bidder. 4 while getting the bank guarantee issued, Bidders are required to ensure compliance to the points mentioned in BANK GUARANTEE VERIFICATION CHECK LIST in the bidding documents. Bidders are required to fill up this check list and enclose the same along with the Bank Guarantee.

SL. NO 1 2

BANK GUARANTEE VERIFICATION CHECK LIST DETAILS OF CHECKS Is the BG on non judicial stamp paper of appropriate Value, as per Stamp act [ie Rupees five per thousand of Bank Guarantee amount ] Whether date, purpose of purchase of stamp paper and name of the purchaser are indicated on the back of stamp paper under the signature of stamp vendor? (The date of purchase of stamp paper should be not later than the date of execution of BG and the stamp paper should be purchased either in the name of executing bank or the bidder on whose behalf the BG has been issued. Also, the stamp paper should not be older than six months from the date of execution of BG.) In case of BGs from Banks abroad , has the BG been executed on Letter Head of the Bank. Has the executing officer of BG indicated his Name, Designation & power of Attorney no /signing Power No on the BG. Is each page of BG duly signed / initialed by Executants and whether stamp of Bank is affixed there on? Whether the last page is signed with full particulars including one witness under seal of Bank as required in the prescribed proforma? Does the Bank Guarantee compare verbatim with the proforma prescribed in the Bidding documents? Are the factual details such as Bidding Document no / specification no , Amount of BG , Validity of BG correctly mentioned in the BG. Whether overwriting / cutting if any on the BG have been properly authenticated Under signature and seal of executants. Whether BG has been issued by a Bank in line with the provisions of the bidding document. In case BG has been issued by a Bank other than those specified in Bidding Documents, is the BG confirmed by a bank in India acceptable as per Bidding Document.

YES / NO

3 4 5

6 7 8 9 10

38

ANEXURE -II (To be published on WEB) AURAIYA GAS POWER STATION NOTICE INVITING TENDER (DOMESTIC COMPITATIVE BIDDING)

NIT NO. Augps/C&M/2010-11/06 Dated 21.04.2011

DATE : 21.04.2011

Sealed tenders / proposals are invited on behalf of NTPC Ltd. for the following works:

SL. NO 1

Package no 9900065731/M45/1012

Description of works

Estd cost EMD Tender fee (Rs.) 4425000.00

EXPANSION JOINT: METALLIC ---------------EXPANSION JOINT 89000.00

Rs 1240.00

Detailed specifications of works and other terms & conditions are mentioned in the tender documents.

(A)

Bidders should meet the qualifying requirements stipulated hereunder:-

QUALIFYING REQUIREMENT FOR METTALIC EXPANSION JOINT NAME OF WORK: Design, engineering, manufacture, supply, inspection and testing at manufacturer s works, packing, inland transport, storage, supervision during erection, testing, commissioning, of Rectangular section round corner Metallic Expansion joint (GE-2 & GE-3) for WHRB Inlet Duct at NTPC AUGPS.

1 The bidder should have Designed, engineered, manufactured, supplied, & commissioned at least two (2) numbers of metallic expansion joints rectangular/square of size at least four (4) meter at one side or circular 39

one of size atleast of four (4) meter dia, in power plant/ steel plant/ fertilizer / refinery or other Petro chemical plants.

2)

The above should have been in successful operation for at least two (2) years.

3) The bidder should have successfully completed ABOVE OR SIMILAR work during last (7) seven YEARS ENDING last day of the month previous of the one in which applications are invited either of the following:-

a)

Single (01) completed similar work of value not less than INR 35.4 lacs. Or

b)

Two (02) completed similar work of value not less than INR 22.12 lacs. Or

c)

Three (03) completed similar work of value not less than INR 17.7 lacs.

4)

The average annual turn over of the bidder in preceding three (3) financial years as on the date of bid opening shall not be less than INR 88.5 lacs.

Similar work means work of Metallic Expansion Joints.

B. INTENDING BIDDERS ARE REQUESTED TO FURNISH DOCUMENTARY EVIDENCE TOWARDS ABOVE QUALIFYING REQUIREMENTS ALONG WITH THEIR SEALED BIDS AFTER ISSUANCE OF BID DOCUMENTS.

C. Issuance of bid documents to any bidder shall not construe that such bidder is considered qualified for award of contract. Such qualification shall be reviewed at the time of tender evaluation.

D. Not withstanding anything stated above, NTPC reserves the right to assess bidder s capability and capacity to perform the contract. The decision of NTPC in this regard shall be final.

40

E. Cost of Tender Documents as indicated above shall be furnished along with the request for issue of bid documents in the form of Demand Draft in favour of M/s NTPC LTD, payable at SBI - NTPC - Auraiya (code no. 10346). Cost of tender documents is non refundable.

F.

Bid document shall be on sale from: 30.04.2011 to 30.05.2011

Bids shall be received up to 10.30Hrs on 24.06.2011 and shall be opened on the same day at 11.00Hrs. The request for issuance of tender documents shall be made for the packages above and the same shall be received up to 30.05.2011 and tender documents shall be issued to all the prospective bidders upon receipt of their request for issuance of bid document and depositing the requisite cost of the bidding documents.

G. Request for tender documents received after the last date as mentioned above, due to delays of postal / courier service or without requisite cost of tender documents shall not be entertained.

H. THE TENDERS SHALL BE SUBMITTED IN THREE ENVELOPES. ALL ENVELOPES SHALL BE SUBMITTED AT THE SAME TIME. THE ENVELOPS SHALL BE OPENED ON BID OPENING DATE INDICATED IN THE TENDER DOCUMENT. THE ENVELOPES SHALL BE OPENED AS MENTIOED BELOW:-

Envelope I: Earnest money, Envelope II: Q.R. documents, technical bids excluding Price Envelope III: Price bid only.

Note: On due date of opening envelope I shall be opened first. For bids not accompanied with requisite earnest money deposit (EMD) as indicated in bid documents or bids accompanied with EMD of inadequate value the envelope II & III will not be opened. ANY BID NOT ACCOMPANIED BY AN ACCEPTABLE BID SECURITY IN A SEPARATE SEALED ENVELOPE SHALL BE REJECTED BY THE EMPLOYER AS BEING NON RESPONSIVE AND RETURNED TO THE BIDDERS WITHOUT BEING OPENED The envelope II of only those bidders shall be opened, on the same date, whose EMD is found acceptable.

The third envelope of only those bidders shall be opened who satisfy the requirement of Earnest Money, technically suitability and qualifying requirement as called for in the bid document. The date of opening of Price Bid shall be intimated to all qualified bidders later on.

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I. Sealed Tenders shall be received & opened as per the date & time mentioned in the tender documents. NTPC shall not be responsible for non-receipt / late receipt of tender documents or offers if sent by post or otherwise.

J. In the evaluation & comparison of bid, NTPC reserves the right to allow purchase Preference to Central Public Sector Enterprises (CPSE s) & joint ventures with CPSEs as admissible under the existing policy of Govt. of India.

K. NTPC reserves the right to choose/ accept/ reject any or all the tenders in part or full including rejection of any request for issue of tender documents, alter the quantities or split the order without assigning any reason thereof.

L. A complete set of Bid documents may be purchased by any interested bidder on submission of a written application and payment (non-refundable) of the cost of bidding documents as mentioned above in the form of a Crossed Account Payee Demand Draft in favour of NTPC Limited . The bidding documents can also be downloaded from http://www.ntpctender.com on registration and online payment (non-refundable) towards cost of bidding documents and the downloaded documents can be used for bidding purposes.

In case the registered bidders who have downloaded the bidding documents require an additional manual copy of the documents then such bidders shall be required to purchase the manual copy of the bidding documents following the procedure detailed above.

Issuance of bid documents to any bidder shall not construe that such bidder is considered to be qualified. Bids shall be submitted and opened at the address given below in the presence of bidder's representatives who choose to attend the bid opening.

Address for Communication: Dy. General Manager (C&M) NTPC Limited. AURAIYA GAS POWER STATION, P.O.DIBIYAPUR, DISTT. AURAIYA 206244 (U.P.)

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FAX:-05683-282492/282341, PH: 05683-282382/282492 E-Mail akmalhotra@ntpc.co.in, misiddiqui@ntpc.co.in

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