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ALL INDIA INSTALLED CAPACITY

ALL INDIA INSTALLED CAPACITY

Monday, October 25, 2010

NTPC does away with illegal clause in bulk tendering guideline

In a bid to make the guidelines for bulk tendering more rational, state-run NTPC has called for abolition to the existing clause, which causes forfeiture of the bid security, for a bidder, in case it refuses to match the lowest evaluated price for that project, subsequent to the award of the contract.

  • As per the existing guidelines for the bulk tendering of 660 MW units, the L-2 bidder in a bulk contract has to match the lowest price quoted by the L-1 bidder, to bag the remaining part of the package offered through bulk tendering, else the bidder the bid security submitted for the package gets forfeited.
  • The Central Vigilance Commission (CVC) has recently observed that this provision may tantamount to coercion and may not stand in the eyes of law. Accordingly, the matter was referred by NTPC to Attorney General of India (AGI) for his opinion. The AGI has endorsed the CVC's viewpoint. In view of the foregoing, this provision has been deleted in the subject proposal for bulk tender for 800 MW units.
  • With this revision in effect for bulk tendering of 800 MW units, 
  • The bidders in their offers will be allowed to declare the maximum number of projects they would like to restrict themselves to, however, they would be required to quote for all the projects. 
  • In case there is a single qualified technically and commercially responsive bid for consideration of award for either steam generators (SG) or turbine generator (TG) packages, NTPC shall reserve the right to award to that bidder the number of projects declared by the bidder in the bid.
  • If the number of such projects, as declared by the bidder, is less than four, the specific projects to be awarded to the bidder will be decided by NTPC. Subsequent to placement of award, for the projects which have not been awarded, NTPC may invite fresh bids as per its normal tendering practice.

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