E-TENDER DOCUMENTS

FOR
PROCUREMENT OF
180,000 METRIC TONNE (MT)
OF NON-TORREFIED BIOMASS
PELLETS
(WITH MINIMUM 50% RAW
MATERIAL AS CROP RESIDUE OF
PADDY STRAW)
ON
“FOR DESTINATION BASIS”
AT MAHATMA GANDHI THERMAL POWER
PLANT (MGTPP), JHAJJAR, HARYANA

Last Date of Submission: 09th October 2023 up to 17:00 Hrs.

e-NIT No: APRAAVA/JPL/ NON-TORREFIED BIOMASS PELLETS 23-24/01 dated 25.09.2023 Page 1 of 62
 NOTICE INVITING E-TENDER (“NIT”)

(COMPETITIVE BIDDING)

e-NIT No: APRAAVA/JPL/NON-TORREFIED BIOMASS PELLETS 23-24/01

Date: 22/09/2023

Jhajjar Power Limited (“JPL”) invites techno-commercial bids through e-tendering portal (i.e.,
https://eprocurement.abcprocure.com) from prospective bidders for engagement of agency (“Supplier”)
for supply and delivery of 180,000 Metric Tonne (MT) agro-residue based non-torrefied bio-mass
pellets (paddy straw content should be minimum 50%) for co-firing with its coal on ‘FOR Destination’
basis at Mahatma Gandhi Thermal Power Plant (MGTPP), Khanpur, Matenhail Jhajjar, Haryana as
per scope of supply & terms and conditions as specified in tender document.

1 Start date to download the tender documents from e-tendering 25th September 2023 from 18:00
portal Hrs.
2 Date & time of Pre-Bid Conference through video conferencing 29th September 2023 at 11:30 Hrs.
Meeting Link:
https://meet.google.com/ous-yihm-tph

3 Last date and time to submit the bids on e-tendering portal 09th October 2023 till 17:00 Hrs
4 Date and time of opening the bids 11th October 2023 at 14:00 Hrs

The tender document must be read in entirety consisting of following parts:

1 Volume 1 Instructions to Bidders
2 Volume 2 Pre-Qualifying Requirements/Eligibility Conditions for the Bidders
3 Volume 3 General Terms and Conditions of the Contract
4 Volume 4 Payments/Taxes and Duties/Damages etc
5 Volume 5 Scope of Work
6 Volume 6 Annexures

The corrigendum/addendum/alteration/clarifications, etc. w.r.t the above NIT will be shared through the same
e-tendering portal with the parties who have participated to bid for this tender.

NIRAJ NARMADESHWAR Digitally signed by NIRAJ

NARMADESHWAR GUPTA
GUPTA Date: 2023.09.25 17:31:59 +05'30'

Head Procurement & Inventory

Jhajjar Power Limited

e-NIT No: APRAAVA/JPL/ NON-TORREFIED BIOMASS PELLETS 23-24/01 dated 25.09.2023 Page 2 of 62
 VOLUME - 1

INSTRUCTIONS TO BIDDERS
(ITB)

e-NIT No: APRAAVA/JPL/ NON-TORREFIED BIOMASS PELLETS 23-24/01 dated 25.09.2023 Page 3 of 62
 INSTRUCTIONS TO BIDDERS (ITB) FOR E-TENDERING:

1. Information Regarding Online Payment of Tender Document Fee.

Bidders can download tender documents from the portal: https://eprocurement.abcprocure.com. Bidders shall
have to pay Tender document fee in the account of Jhajjar Power Limited details of which will be made available
on-request to interested bidders.

To get technical help for participation in e-Tender, please contact 9904406300 / 9510812960 / 9510812971 /
9374519729 or Email ID: support@abcprocure.com

NOTE: If tender is cancelled or recalled on any ground, the tender document fee will not be refunded to the
bidders.

2. Registration of bidders on e-Procurement Portal: -

All the Bidders intending to participate in the tenders processed online are required to get registered on the e-
Procurement Portal i.e., https://eprocurement.abcprocure.com. Please visit the website for more details.

3. Obtaining a Digital Certificate:

• Bids submitted online should be encrypted and signed electronically with a digital certificate
(Encryption & Signing) which is used to encrypt the data, sign the hash during the stage of bid
preparation & hash submission and establish the identity of the Bidder bidding online. These digital
certificates are issued by an Approved Certifying Authority, by the Controller of Certifying Authorities,
Government of India.

• A digital certificate is issued upon receipt of mandatory identity (i.e., Applicant’s PAN Card) and
Address proofs and verification form duly attested by the Bank Manager / Postmaster / Gazetted
Officer. Only upon the receipt of the required documents, a digital certificate can be issued. For more
details, please visit the website – https://eprocurement.abcprocure.com.

• The Bidders may obtain Class- III digital signature certificate from any Certifying Authority or Sub-
certifying Authority authorized by the Controller of Certifying Authorities or may obtain information
and application format and documents required for the issue of digital certificate from
https://eprocurement.abcprocure.com. To obtain digital certificate & getting help for domain
registration and approval:
Please contact on 079-40016866/38, 6353217080, 9099090830
Email ID: info@abcprocure.com or dsc@abcprocure.com

• In case, during the process of a particular tender, the user loses their digital certificate (due to a virus
attack, hardware problem, operating system, or any other problem) he will not be able to submit the bid
online. Hence, the users are advised to keep a backup of the certificate and keep the copies at safe place
under proper security (for its use in case of emergencies).

• In case of online tendering, if the digital certificate issued to the authorized user of the Bidder is used
for signing and submitting a Bid, it will be considered equivalent to a no-objection certificate/power of
attorney /lawful authorization to that user. The Bidder must authorize a specific individual through an
authorization certificate signed by all partners to use the digital certificate as per the Information
Technology Act 2000. Unless the authorization certificates are revoked, they will be assumed to
represent adequate authority of the user to Bid on behalf of the firm in the department tenders as per
Information Technology Act 2000. The digital signature of this authorized user will be binding on the
Bidder.
• In case of any change in the authorization, it shall be the responsibility of management / partners of the
Bidder to inform the certifying authority about the change and to obtain the digital signatures of the
new person / user on behalf of the firm / company. The procedure for application of a digital certificate
however will remain the same for the new user.
• The same procedure holds true for the authorized users in a private/public limited company. In this
case, the authorization certificate will have to be signed by the directors of the company.

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 4. Minimum pre-requisites for online bidding:

• Each Bidder shall arrange for a computer with a high-speed internet connection and power backup
arrangement.
• To participate in online tender, the bidders should register on https://eprocurement.abcprocure.com,
and for that Bidder can take help of abcprocure’s support team.
• Interested Bidder should check and read the e-Tender documents and terms and condition carefully.
• Abcprocure’s support team will provide training to the Bidder(s) in dummy event with similar bidding
process of actual event.
• Bidder should arrange for a Class III signing and encryption Digital Certificate to participate in the
online tender.
5. Key Dates:

The Bidders are strictly advised to follow dates and times as indicated in the online Notice Inviting
Tenders. The date and time shall be binding on all Bidders. All online activities are time tracked and
the system enforces time locks that ensure that no activity or transaction can take place outside the start
and end dates and the time of the stage as defined in the online Notice Inviting Tenders.
6. Bidding Philosophy:

• The Bidders shall upload their technical offer containing documents, qualifying criteria, technical
specification, schedule of deliveries, and all other terms and conditions except the rates (price bid). The
Bidders shall quote the prices in the price bid format (as per Annexure 3).
• Submission of bids will be preceded by submission of the digitally signed & sealed bid (Hash) as stated
in the time schedule (key dates) of the Tender.
NOTE: -

(A) If Bidder fails to complete the online Bid submission stage on the stipulated date and time, his/her bid
will be considered as bid not submitted, and hence will not appear during tender opening stage.
(B) Bidders participating in online tenders shall check the validity of his/her digital signature certificate
before participating in the online tenders at the portal https://eprocurement.abcprocure.com. For help
manual please refer to the ‘Home Page’ of the e-Procurement website at
https://eprocurement.abcprocure.com and click on the available link about DSC.
(C) For help manual please refer to the ‘Home Page’ of the e-Procurement website at
https://eprocurement.abcprocure.com, else contact the numbers mentioned for more information.
(D) To get technical help for participation in e-Tender, please contact 9904406300 / 9510812960 /
9510812971 / 9374519729 or Email ID: support@abcprocure.com

DEFINITIONS / ABBREVIATIONS: -

• ARB: As Received Basis

• Bid: means the Techno-commercial (Part-I) and Price bid (Part-II) submitted by Bidders.
• Bid price: Landed Price (INR) of Biomass Pellets to MGTPP per MT as quoted by the Bidder in the
price bid.
• Bidder: The firm which has submitted its Bid as a single company or Consortium / Joint Venture.
• Contract or Agreement means the Contract entered into between the Successful Bidder and JPL,
covering the Scope of Supply/work and terms & conditions of contract etc., together with all the
documents referred to therein such Contract or Agreement.
• Contract Price: The price to be paid for the performance of the work detailed under Scope of Supply,
subject to such additions and adjustments thereto or deductions there from, as may be made pursuant
to the Contract.
• Contracted Quantity: Quantity of the Pellets to be supplied by Supplier as per the provisions of the
Contract.
• Day: Calendar Day.
• Destination: JPL’s thermal power station i.e., MGTPP, Jharli, Jhajjar, Haryana.
• DHBVN: Dakshin Haryana Bijli Vitran Nigam.
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 • GCV: Gross Calorific Value (KCal/kg).
• INR: Indian National Rupee.
• JPL: Jhajjar Power Limited, a wholly owned subsidiary of Apraava Energy Private Limited (formerly
known as CLP India Private Limited).
• Kg: Kilogram.
• KCal: Kilocalorie.
• Landed Price: Means and includes cost of Pellets to be supplied by the Bidder transportation charges,
handling charges and all other cost and charges, taxes and duties which may be applicable in respect of
the delivering the Pellets at Unloading Point of MGTPP.
• Language: English shall be the binding and controlling language for all matters relating to the meaning
or interpretation of the Contract.
• MGTPP: Mahatma Gandhi Thermal Power Plant, Jharli, Jhajjar.
• Month: A calendar month.
• MMT: Million Metric Tonne.
• MT or Ton or Tonne: Metric Tonne which is equivalent to 1000 Kg.
• PO: Purchase Order.
• Party: shall mean either JPL or Bidder.
• Parties: shall mean both JPL and the Bidder.
• Pellets: shall mean agro residue based non-torrefied biomass pellet, as per mentioned technical
specification of the tender.
• Quarter: A continuous period of Ninety (90) days reckoned from the day 1 shall be treated as one
quarter and subsequent period of Ninety (90) days after completion of previous quarter shall be treated
as following quarter.
• RfP: shall mean the request for proposal issued by JPL inviting Bids for procurement of agro residue
based non-torrefied biomass Pellets for co-firing with coal at MGTPP.
• Services: The work to be performed by the Successful Bidder pursuant to the Contract, as detailed in
the bidding documents, Agreement or Contract.
• Sincere Advisers: Refers to contract partners who will provide real-time situation updates, challenges
or issues being faced for which JPL has to act accordingly (if any) for smooth execution of contract.
• SOW: shall mean Scope of Work.
• Successful Bidder: The person(s), whose Bid to perform the Contract or Agreement has been accepted
by JPL and is named as such in the Agreement and includes the legal successors or permitted assigns
of the Successful Bidder.
• Supplier: The Successful Bidder to whom the Contract is awarded.
• Tender Fee: Non-refundable amount of INR 5000 to be paid by the Bidder for obtaining the RFP from
JPL.
• TPTCL: Tata Power Transmission Company Limited
• TPDDL: Tata Power Delhi Distribution Limited
• UHBVN: Uttar Haryana Bijli Vitran Nigam
• Unloading Point: shall be such place, as designated by JPL, where the Pellets shall be unloaded by the
Supplier at MGTPP.
• Week: 7 calendar days.

1.1 Bidders are required to submit tender cost (non-refundable) of INR 5,000/- along with the Bid
otherwise tender shall not be considered for technical evaluation.

1.2 In case, date specified for the opening of tender happens to be a public holiday, then next business day
shall be considered automatically for the same.

1.3 JPL may, at its sole discretion, extend the time & date for the submission of the Bid documents.

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 1.4 After opening of the techno-commercial Bids and till finalization, both parties i.e., JPL and Bidders will
not enter into any correspondence except for any clarification / supplementary information sought by
JPL.

1.5 All the costs and expenses incidental to the preparation and submission of tender, discussions,
conferences, if any, shall be borne by the Bidders and JPL shall bear no liability whatsoever on such
costs and expenses.

1.6 JPL, at its sole discretion, reserves the right to reject any or all Bids, wholly or partially, and to annul
the bidding process without assigning any reasons whatsoever, at any time prior to award of Contract,
and in such case no Bidder / intending Bidder shall have any claim arising out of such action.

1.7 The Successful Bidder should also obtain all necessary clearances, licenses, permits and other related
statutory requirements etc. for supply of Pellets from the concerned authorities, without any additional
cost to JPL. If required, on the request of the Successful Bidder, JPL at its own discretion, will issue
necessary letters / documents as is required to fulfil any obligations without any risk or liability to JPL.

1.8 The Successful Bidder may clearly note that terms and conditions enumerated in this Bid document are
only illustrative and not exhaustive. The Successful Bidder will have to enter into Contract as devised
by JPL on terms & conditions as necessary for execution of Contract.

2. PREPARATION OF TENDER:
2.1 Before submission of the tender, the Bidders are requested to make themselves fully conversant with
the technical specifications, nature of work, terms & conditions of Contract etc., so that no ambiguity
arises in this respect at a later date.

2.2 Only such firms/consortiums/joint ventures will be authorized to participate in tender who would
qualify the pre-qualification clause of tender. Bids are to be submitted complete in all respect with
requisite information, certificates, annexures, etc. The Bid should be free from any ambiguity, cutting
or overwriting.

2.3 JPL reserves the right to revise or amend the terms and conditions of the Bid documents prior to the
date notified for opening of the tenders, and also to postpone the date for submission and opening of
tender without assigning any reason/s. Necessary corrigendum shall be provided to all participating
bidders in such circumstances. All such revisions will be communicated through the e-tendering portal,
by issuance of necessary corrigendum. Additionally, the changes can be communicated to the Bidders
on their e-mail IDs.

2.4 Bidders are requested to adhere to all the terms and conditions of the NIT to facilitate finalization of
the Contract. Any clarification can be sought by the Bidders before submission of their tenders. No
correspondence on this account will be entertained once the tender / Bid is submitted by the Bidder.

2.5 In case it is found that the Bidder has submitted more than one Bids either through itself or through its
parent company/affiliate/ group companies Bids to this NIT, then all such Bids submitted shall be
treated as non-responsive and rejected.

2.6 Bid shall be submitted only in the prescribed format and shall be considered completely as part of the
Contract in case of Successful Bidder. The Bidder shall be required to affix its signature on every page
of the tender documents.

2.7 Bid of a firm, not in conformity with any clause of this tender document, is liable for rejection.

3. LANGUAGE OF BID:
The Bid prepared by the Bidder and all correspondence and documents related to the Bid exchanged
between the Bidder and JPL shall be in English language only, provided that any printed literature
furnished by the Bidder may be in another language, as long as such literature is accompanied by a
translation of its potential passages in the English language in which case, for purpose of interpretation
of the Bid, the translation shall govern.

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 4. SUBMISSION OF BIDS:

The Bid documents must be submitted on e-tendering portal which is

https://eprocurement.abcprocure.com. All the necessary and required documents must be submitted via
portal only as per mentioned envelopes accordingly.
4.1 The envelope superscripted as “Tender Fees” shall contain the tender document fees. Bid without
Tender Fees shall not be considered for evaluation.
4.2 The envelope duly digitally signed by Bidder and superscripted as “Techno-Commercial Bid” shall
contain the following:
• Techno- Commercial Bid/offer for supply and delivery of 180,000 Metric Tonne (MT) Pellets
(paddy straw content should be minimum 50%) for co-firing with coal on ‘FOR Destination’
basis at Mahatma Gandhi Thermal Power Plant (MGTPP), Khanpur, Matenhail Jhajjar,
Haryana.
• Documents for credentials for eligibility/qualifying criteria.
• Certificate regarding no deviations (as per Annexure 6).

4.3 Bidders must mandatorily submit the original Bid documents (without Price Bid) as
submitted/uploaded on the e-tendering portal. The original documents (without PRICE Bid sheet)
shall be sent on following address:
C/o Head- Procurement & Inventory
JHAJJAR POWER LTD
Village- Khanpur, Tehsil-Matenhail, District-Jhajjar
Pin Code-124142, Haryana, India
Last date and time for receipt of original documents is 10th October 2023, 17:00 hrs.
4.4 Online Envelope, superscripted as “Price-Bid” shall contain the price bid duly digitally signed and
sealed by the Bidder in the “Price Bid” format. The Bidder shall properly quote the price in numbers,
as well as in words to avoid any ambiguity.
4.5 A committee constituted by JPL shall screen the documents/credentials as submitted by the Bidders.
Tenders of Bidders whose credentials for eligibility/qualifying criteria are found to be in order by the
committee shall only be considered for opening of Price Bid.
4.6 If the Bidder indicates the prices in the Techno-Commercial Bid, then the Bid shall be rejected.
4.7 The Bidder’s Bid and the documents attached shall be considered as forming part of the Contract.
4.8 Bids submitted by corporations/companies must be signed with the legal name of the
corporations/companies by the President/ Chairman/Managing Director/ Director/ Secretary/ or any
other person authorized to submit the Bid on behalf of the company.
4.9 The prices shall remain fixed and binding on the Bidder and shall not be subject to any variations for
any reason whatsoever during the term of the Contract and any rollover period until the entire
Contracted Quantity is received at MGTPP.
4.10 However, statutory variations (increase or decrease) on account of the change in statutory taxes &
duties, introduction of any new tax, withdrawal, or modification of any tax, on and after the Bid
Submission Date, shall be passed through during the period of Contract. The Bidder shall furnish
documentary evidence for the same.
5. BID PRICES AND BID VALIDITY:

5.1 The Bidder has to quote price as per given bid sheet and the total price as per SOW, which should
include all taxes, duties & levies, cess, etc. Further, Bidders are required to provide the break-up of
the quoted price, along with the rationale for the same.
5.2 All charges for the entire SOW shall be included in the quoted price and the same shall be for entire
Contract, in line with the technical specifications including SOW and bidding document provisions.

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 5.3 Bidders are required to quote the price for the commercial, contractual, and technical obligations
outlined in the Bidding documents. Bidders shall give a breakup of the prices in the manner and detail
called for in respect of the quantity mentioned in the Bidding documents along with the rationale for
the same. On failing to provide the break-up of the quoted price or in the event the rationale provided
by the Bidder is not acceptable to JPL, then such Bids are liable to be rejected.
5.4 The prices mentioned in Price-Bids submitted by Bidders, shall remain valid for three (3) months
from the date of submission of Bids.
6. SIGNATURE ON BIDS:
Bids must be affixed with seal of the Corporation / Company and duly signed by its President, Secretary
or any other person or persons authorized to sign on behalf of the Bidder in the matter through board
resolution of the Bidder.
Each page of the documents of tender must be signed, sealed, and numbered consecutively. The total
number of pages should be mentioned in the upper right corner of the front page of each part.

7. CERTIFICATE REGARDING ACCEPTANCE OF ALL CONDITIONS:

No deviation, whatsoever, is permitted, to the provisions of the Bidding documents. The Bidders are
advised that while preparing their Bid and quoting prices, all terms and conditions may appropriately
be taken into consideration. Once Bidder submits the tender, it is presumed that all the terms &
conditions are accepted by the Bidder. A certificate regarding this has to be submitted by the Bidders,
as per format prescribed at Annexure 6.
8. OTHER TERMS:

8.1 Bids, which are not complete in all respects as stipulated above, will be liable for rejection without any
intimation to the Bidders. Submission of correct Bid proposal is Bidder’s responsibility and there will
be no consideration for errors and omissions on part of the Bidders.
8.2 Bids can also be rejected if: -
• Not submitted in prescribed form.
• Not fulfilling any of the qualifying conditions.
• Bid received from a Bidder whose past performance was not satisfactory.
• The Bidder who has been blacklisted/debarred by any government organization or semi govt.
organization, public sector undertaking/Company etc.
• The Bidder is not offering the required validity.
• The Bidder do not accept any conditions in the Bid.
• The Bid with deviations.
• Any offer for partial/lesser quantity than specified in the RFP.
• The Bids not in conformity with JPL’s requirement as per tender documents.

8.3 JPL reserves the right to reject any proposal if: -

• A material misrepresentation is made or discovered; or
• The Bidder does not respond to JPL asking for supplementary information/ clarifications required
for evaluation of the proposal / finalization of the Bid within the time period as specified by JPL.

8.4 The Price Bids of only those Bidders will be opened whose offers meet with the Qualifying
Requirements and whose Techno-Commercial offers are acceptable to JPL.
8.5 JPL reserves the right to accept or reject any Offer or all the Offers without assigning any reasons
thereof. JPL also reserves the right not to order any quantity against this tender. JPL’s decision in this
regard shall be final and binding to all the Bidders.

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 8.6 It shall not be binding upon JPL to accept the lowest Bid. It shall not be obligatory on the part of JPL
to furnish any information or explanation for the cause of rejection of tender or part of the tender by
JPL and the same shall be binding to Bidders.

9. PRELIMINARY EXAMINATION OF BID:

9.1 JPL will examine the Bids to determine whether the same are complete, whether any computational
errors have been made, whether all necessary required documents have been furnished, whether the
documents have been properly signed and whether the Bids are generally in order.
9.2 Arithmetical errors, if any, will be rectified on the following basis:
• If there is discrepancy between the unit price and the total price, which is obtained by multiplying
the unit price and quantity, or between subtotals and the total price, the unit or subtotal price shall
prevail, and the total price shall be corrected accordingly. If there is a discrepancy between words
and figures in the Price Bid, the lower amount of the two will prevail. If the Bidder does not
accept the correction of errors, its Bid will be rejected.
9.3 JPL may at its sole discretion waive any minor infirmity, non-conformity or irregularity in a Bid that
does not constitute a material deviation, provided such waiver does not prejudice or affect the relative
ranking of any Bidder.
9.4 Prior to the detailed evaluation, JPL will determine whether each bid is complete, and is substantially
responsive to the Bidding documents.
9.5 Any incomplete Bids will not be accepted, and such bids shall be summarily rejected.

10. BID OPENING AND EVALUATION:

The Bids shall be opened on the specified date and time indicated in the NIT. After opening of Techno-
Commercial (Part-I) bids, the Bid evaluation committee as constituted by JPL shall screen the bid
documents / credentials submitted by the Bidders against pre-qualifying requirements / eligibility
conditions of tender. Bidders shall be informed about their respective deficiencies / shortcomings, if
any, and shall be given an opportunity to submit their requisite deficient documents for better
competition. Price Bid (Part-II) of only those Bidders shall be considered for opening, whose credentials
for eligibility / qualifying criteria are found to be in order by the committee. The Bid that does not meet
acceptable standards of completeness, consistency and detail will be rejected for non-responsiveness
and the decision of Bid evaluation committee shall be final and binding on the Bidders.
Bidders may note that deviations, variations, and additional conditions etc. found elsewhere in the bid,
shall not be given effect to in evaluation and it will be assumed that the Bidder complies to all the
conditions of Bidding Documents and its subsequent amendment(s) / clarification(s) / addenda / Errata,
if any, issued by JPL. In case the Bidder refuses to withdraw deviations implicit or explicit found
anywhere in the Bid, without any financial implication whatsoever, the Bid shall be rejected.
The Bidders found successful in Technical Evaluation shall be notified for opening of the price bids
and their authorized representatives may attend the price bid opening.

11. PRICE BID PHILOSOPHY:

11.1 The Bidders are required to quote their prices only as per Price Bid format (Part-II) of this tender only.
11.2 For quoting the prices, the Bidder is expected to consider the requirements and conditions of the bidding
documents.
11.3 Bidder shall provide the requisite break-up of cost along with its rationale as per the format provided
in Price Bid (Part-II).
11.4 Vide the Ministry of Power’s (“MoP”) letter dated 23.08.2023, bearing reference number F. No.
11/86/2017-Th.II (C.No 238797), the MoP has fixed the benchmark prices for non-torrefied biomass
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 Pellets in NCR at Rs. 2.32/ 1000 kcal excluding GST and transportation cost at the pellet manufacturing
plant. In view of the same:
11.4..1 The Bidders are required to quote their bid prices in the Price Bid table comprising of quoted GCV
and Biomass pellet price per 1000 Kcal and transportation costs separately.
11.4..2 The Bidders shall ensure that the price quoted for non-torrefied biomass Pellets (excluding the
transportation cost and GST), shall not exceed the benchmarked price as set by MoP.
11.4..3 Bids priced above benchmark prices shall be summarily rejected.
11.5 The prices mentioned in price-bids submitted by Bidders, shall remain valid for three (3) months from
the date of submission of Bids.

12. NEGOTIATION:

Negotiations with the technically qualified Bidders would be held by the Bid evaluation committee.
The Bid evaluation committee shall invite bidders in the increasing order of their quoted prices (viz.
L2, L3, L4 and so on) for negotiations to match landed price (on INR/1000 Kcal basis) of Pellets as
quoted by the L1 Bidder, till the quantity requirements of the tender gets fulfilled.
The decision of Bid evaluation committee in finalising the Successful Bidder shall be final and binding
on the Bidder and no dispute shall be entertained by JPL in this regard.”

13. CONTRACT:

Upon the Bidder being selected as the Successful Bidder, JPL shall issue Contract to the Successful
Bidder consisting of all the tender terms and conditions.

14. CORRUPT OR FRAUDULENT PRACTICES:

14.1 The Bidders and their respective officers, employees, agents, and advisers shall observe the highest
standard of ethics. Notwithstanding anything to the contrary contained herein, or in the Contract, JPL
shall reject a Bid, cancel the Contract, as the case may be, without any liability whatsoever, if it
determines that the Bidder has, directly or indirectly or through an agent, engaged in corrupt practice,
fraudulent practice, coercive practice, undesirable practice, or restrictive practice in the Bid process.
In such an event, JPL shall take appropriate action as it may deem fit without prejudice to any other
right or remedy that may be available to the JPL.

14.2 Without prejudice to the right JPL may have under clause 14.1 and any other rights and remedies JPL
may have under the NIT or Contract, if a Bidder is found by JPL to have directly or indirectly or
through an agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice during the Bid process, or after the issue of the Contract,
such Bidder and its affiliates shall be blacklisted/debarred and not be eligible to participate in any
tender or request for proposal issued by JPL for a period of three (3) years from the date such Bidder
is found by JPL to have directly or indirectly or through an agent, engaged or indulged in any corrupt
practice, fraudulent practice, coercive practice, undesirable practice or restrictive practices, as the
case may be.

14.3 For the purposes of this Clause 14.2, the following terms shall have the meaning hereinafter
respectively assigned to them:
(a) “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to
influence the action of a public official in the procurement process or in contract execution.
(b) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process
or the execution of a contract to the detriment of the JPL and includes collusive practice among
Bidders (prior to or after tender submission) designed to establish tender prices at artificial, non-
competitive levels and to deprive JPL of the benefits of free and open competition.
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 (c) “coercive practice” means impairing or harming, or threatening to impair or harm, directly or
indirectly, any person or property to influence any person’s participation or action in the Bid process.
(d) "undesirable practice" means (i) establishing contact with any person connected with or employed
or engaged by JPL with the objective of canvassing, lobbying or in any manner influencing or
attempting to influence the Bid process; or (ii) having a Conflict of Interest; and
(e) "restrictive practice" means forming a cartel or arriving at any understanding or arrangement among
Bidders with the objective of restricting or manipulating a full and fair competition in the Bid process.

15. AUTHORIZED REPRESENTATIVES:

Any action required or permitted to be taken, and any document required or permitted to be executed,
under the Contract, by JPL or the Successful Bidder shall be taken or executed by the representatives
authorized by JPL for the purpose.

16. OBLIGATIONS OF THE SUCCESSFUL BIDDER:

The Successful Bidder(s) shall execute the Contract and carry out their obligations as per SOW and
terms and conditions defined in the tender document or Contract with all due diligence, efficiency, and
economy, in accordance with generally accepted professional techniques and practices, and shall
observe sound management practices, and employ appropriate advance technology and safe methods.
The Successful Bidder(s) shall always act, in respect of any matter relating to the Contract or to the
Work, as “Sincere Advisers” to JPL and shall at all times support and safeguard JPL’s legitimate
interests.

17. DISCLAIMER:

17.1 JPL may, at its absolute discretion, shortlist, accept, disqualify, elect to abandon, reject any part or
whole of the process without giving any prior notice to the Bidder.

17.2 JPL reserves the right to cancel the tender in totality without assigning any reason at any point of time.

17.3 While this tender has been prepared in good faith, neither JPL nor its employees make any
representation or warranty expressed or implied as to the accuracy, reliability or completeness of the
information contained in this tender.

17.4 The Bidders shall satisfy themselves, on receipt of the tender, that the tender document is complete in
all respects. Intimation of any discrepancy shall be brought to the notice of JPL immediately. If no
intimation is received from any Bidder within five (5) working days (but not exceeding the tender
closing date) from the date of issue of this tender document, it shall be considered that the issued
document, complete in all respects, has been received by the Bidders.

17.5 Neither JPL nor their employees or consultants make any representation or warranty as to the accuracy,
reliability, or completeness of the information in this tender.

17.6 By participating in the bidding process, each of the Bidder shall have acknowledged and accepted that
it has not been induced to enter into such agreement by any representation or warranty, expressed or
implied, or relied upon any such representation or warranty by or on behalf of JPL or any person
working in the bidding process.

17.7 JPL may in its absolute discretion, but without being under any obligation to do so, update, amend or
supplement this tender document. Such updates, amendments, or supplements, if any, will however be
circulated to the Bidders not later than three (3) days prior to the last date for submission of Bid.

17.8 Neither JPL not its employees will have any liability to any Bidder or any other person under the law
of contract, tort, the principles of restitution or unjust enrichment or otherwise for any loss, expense or
damage which may arise from or be incurred or suffered in connection with anything contained in this
tender document, any matter deemed to form part of this tender document, the information supplied by
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 or on behalf of JPL or its employees or otherwise arising in any way from the qualification process for
the said tender.

17.9 Each Bidder unconditionally agrees, understands and accepts that the JPL reserves the rights to accept
or reject any or all Bids without giving any reason. JPL shall entertain any claim of any nature,
whatsoever, including without limitations, any claim seeking expenses in relation to the preparation of
Bids.

17.10 This NIT may be withdrawn or cancelled by JPL at any time without assigning any reasons thereof.
JPL further reserves the right, at its complete discretion to reject any or all of the Bids without assigning
any reasons whatsoever.

18. PRE-BID CONFERENCE:

18.1 To clarify any issues regarding the bidding documents in general and the technical specifications /
Scope of supply/work etc., a Pre-Bid Conference is scheduled to be held on 29.09.2023 at 11:30 Hrs
through Video Conferencing through Google meet. All prospective Bidders may attend the conference.
18.2 The Bidders are requested to submit queries in writing or by e-mail to reach JPL at the address indicated
above, not later than three (3) days before the pre-bid conference.
18.3 Any modification in the bidding documents which may become necessary as a result of the pre-bid
conference shall be made by the JPL exclusively by issuing clarification / amendment to the bid
documents and not through the record notes of the pre-bid meeting.
18.4 No expenses on account of attending the conference shall be paid by JPL.
18.5 The prospective Bidders may depute maximum two (2) authorized persons to take part in pre-bid
conference.
18.6 Bidder is not expected to raise any additional query after pre-bid conference and JPL is not obliged to
reply any such queries.

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 VOLUME - 2

PRE-QUALIFYING
REQUIREMENTS (PQRs) /
ELIGIBILITY CONDITIONS
FOR THE BIDDERS

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 PRE-QUALIFYING REQUIREMENTS (PQRs) / ELIGIBILITY CONDITIONS FOR BIDDERS:

A single firm (sole Bidder) or consortium/joint venture of firms can participate against this
tender.

The Qualifying Requirement for the Bidders for this tender shall be as under: -

1. Bidder(s), having manufacturing facility and source of raw material from State of Haryana for
manufacturing the Pellets, shall be eligible to participate in this tender and submit their Bids.

2. The Bidders shall source the raw material for manufacturing the Pellets, only through Agri-Haryana
Online Portal (https://agriharyana.gov.in/). Haryana Renewable Energy Development Agency
(HAREDA) has allocated service areas for procurement of paddy straw for MGTPP vide its order
dated 02.01.2023. The Bidders shall ensure compliance to the said order as amended from time to
time.

3. The minimum quantity of Pellets to be supplied during the Contract Period is 45,000 MT per year.
Any bids below such minimum quantity shall be rejected. The maximum contracted quantity
allocation to any successful bidder has been capped at 90,000 MT/year.

3.1 A Bidder can bid for supplying the Pellets with the minimum quantity of 100 Tonnes per day (TPD)
with increments in the multiples of 20 tonne per day up to a maximum of 250 TPD.
3.2 Bidder(s) having pellet supply capacity of less than 100 TPD are advised not to participate in the bid
process. Further, vendor may ramp up the capacities to meet the increased demand of MGTPP.

4. BLACKLISTING:

The Bidder should certify that it has not been blacklisted by any organization presently. However, in
case such certification is found wrong at a later stage, then it will be construed as misrepresentation of
facts and the Bidder shall be blacklisted and JPL may initiate any other actions as it may deem fit.
The Bidder shall submit an affidavit duly notarized to this effect as per Annexure 7. Non-submission of
affidavit or submitting false affidavit, if found at any stage, shall render the Bidder disqualified and
their Security Deposit shall be liable to be forfeited.

5. JOINT VENTURE/ CONSORTIUM:

In case the Bid is submitted by a joint venture / consortium of maximum three firms, the following
requirements shall be complied with:

5.1 Lead Partner shall hold at least Fifty-One (51) % shares in the bidding consortium / joint venture of
firms.

5.2 All members of the joint venture / consortium shall be liable jointly and severally for discharge of the
obligations under the bid and execution of the Contract in case the bid is found to be successful. A
copy of the agreement executed among all the partners with relevant clause to this effect shall be
submitted along with the bid.

5.3 All the documents under the bid shall be signed by one of the joint venture / consortium partners who
shall be duly authorized by all the partners through a power of attorney (as per format in Annexure
8) to execute the documents on behalf of the joint venture / consortium. In respect of Power of
Attorney or any other document executed outside India, it must be first notarized from a local Public
Notary and then an apostille is required to be attached to the document by the designated government
official of the country, if it is a signatory to the Hague Convention on legalization 1961. Thereafter
the said document is required to be stamped as per the Indian Stamp Act after its receipt in India. In
case of country from which the document emanates is not a party to the aforesaid Hague Convention
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 then the document has to be notarized first and then attested by the Indian Embassy in that country.
The Power of Attorney will need to be stamped as per the process listed above.

5.4 Any one of the partners of joint venture / consortium may fulfil the qualifying criteria at clause (4.1)
or (4.2) above or both. But as a consortium they have to fulfil the qualifying criteria both at clause
(4.1) and (4.2) above. However, all partners individually shall fulfil the criteria specified at Clause
(4.3).

6. GST DOCUMENTS & UNDERTAKING:

Bidder should submit the following:

I. Copy of GST Registration Certificate under GST Act.

II. Undertaking on the letter head of Bidder that GST registration is valid as on date and that no
default has ever been made by the Bidder in filing various GST returns and deposit of GST dues
with the department.

Note:
a) Bidder having multiple registrations under GST will submit above undertaking for each and every
GST Number.
b) A default under a GST number even if the GST number pertains to some other state will make the
vendor ineligible to participate in tender.

7. The Bids of the Bidders not meeting any of the above qualifying criteria shall not be considered for
evaluation.

8. The above terms and conditions shall be considered in totality and bids received without complying
with the above conditions shall be summarily rejected.

9. The supply of Pellets against this tender is for MGTPP (owned by Jhajjar Power Limited) and the job
involved is of critical nature. Hence the Bidder shall make himself / itself, well conversant to all the
costs / financial exposure involved and all the operational matters involved for smooth supply as per
the requirement. At any point of time JPL will not be responsible for any costs incurred by the Bidder
during fulfilment of the contractual conditions.

10. JPL also reserves the right to seek any additional information as it may deem fit to satisfy itself of the
eligibility of the Bidder.

11. RELATED & INTERESTED PARTIES AND CONFLICT OF INTEREST:

11.1 Related and Interested Parties:

11.1.1 The Bidder declares that it is not connected or associated, either directly or indirectly, with:
(a) JPL; or
(b) any Affiliate of JPL; or
(c) any director or employee of JPL or its Affiliate.

For the purpose of this tender, “Affiliate” shall mean:

(1) being a body corporate, partnership or proprietorship in which the entity has, whether on its own
or together with the equity holding of persons acting in concert (as understood under the
regulations and guidelines of the Securities and Exchange Board of India):

(i) a majority equity holding, whether direct or indirect, through other entities; or
(ii) Control of such company, partnership or proprietorship; and
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 (2) being an individual, any spouse, sibling, ascendant or descendant of such individual, or a relative
as such term defined in Companies Act 2013.

For the purposes of the above, ‘Control’ shall mean, the direct or indirect beneficial ownership
of or the right to vote in respect of, directly or indirectly, more than twenty-six (26) % of the
voting shares or securities of any person and/or the power to control the majority of the
composition of the board of directors and/or have the power to create or direct the management
or policies of an entity by contract or otherwise or any or all of the above.

11.2 Conflict of Interest:

10.2.1 Bidder shall submit only one Bid and any of their parent company/ associate/ Affiliate/ related
parties/ ultimate parent company of the Bidder shall not separately participate (directly or
indirectly) in the same bidding process.

10.2.2 A Bidder shall not have conflict of interest with the JPL, JPL’s associates/employees/
representative (if any), which can affect the bidding process. Further, if any Bidder is having a
common interest with other Bidders participating in the same bidding process, the Bids of all
such Bidders shall be rejected and JPL’s discretion in this regard shall be final.

10.2.3 A Bidder shall be deemed to have a common interest affecting the bidding process in the event:
(a) Such Bidder, or any Associate thereof, receives or has received any direct or indirect
subsidy, grant, concessional loan or subordinated debt from any other Bidder, or any
Associate thereof or has provided any such subsidy, grant, concessional loan or subordinated
debt to any other Bidder, its members, or any Associate thereof; or
(b) Such Bidder or any Associate thereof having common management control in other
participating bidding company or any of its associate participating in the same Bid.

“Associate” shall have the same meaning as ascribed to in the Companies Act 2013.

10.2.4 Bidder should submit an affidavit in this regard as per Annexure 9.

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 VOLUME - 3
GENERAL TERMS &
CONDITIONS OF THE
CONTRACT (GTCC)

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 GENERAL TERMS & CONDITIONS OF THE CONTRACT (GTCC)
1. Notices: Any notice to be given under the Contract shall be in writing and shall be sent by
personal delivery, speed post, e-mail to such Party at the following address:
To JPL:
Kind Attn: Mr. Niraj Gupta, Head-Procurement & Inventory
Address: Jhajjar Power Limited, Village: Khanpur, Tehsil: Matenhail, Jhajjar-
124142, Haryana

E-mail: niraj.gupta@apraava.com
To Successful Bidder
Kind Attn: [●]
Address: [●]
E-mail: [●]

2. Suspension of Obligations: The obligation stipulated in the Contract can only be suspended in
the event of Force Majeure as defined below. In the event of Force Majeure, neither of the
parties may be considered in default of its obligations under the terms of the Contract /
Agreement.

3. Force Majeure:
Only the Force Majeure imposed by:
▪ UHBVN, DHVBN and TPTCL as per conditions laid down in power purchase agreement
shall be considered as a valid reason for Force Majeure for the smooth execution of this
Contract.
The delay in the delivery of the supply may be treated as force majeure to the supplier only
if:
i. The delay in delivery of the Pellets on order result from any cause arising out of Acts of God,
acts of civil & military authority, flood, strike, freight embargoes, war-risk, riot and civil
commotion.
ii. The Successful Bidder’s request for extension of delivery period along with all necessary
evidence before the expiry of scheduled date of delivery.
iii. Non-availability of Pellets or any other similar cause shall not be considered as a force majeure
circumstance.
iv. The decision of JPL in all matters under this clause shall be final and binding on the Successful
Bidder.
v. The delay in performance of obligations as per the SOW by the Successful Bidder shall be
applicable only if the Successful Bidder has intimated to JPL within 2 (two) days from the date
of its occurrence. If the Successful Bidder fails to furnish such a notice, it shall be deemed that
no Force Majeure event has occurred, and the Successful Bidder shall be responsible to comply
with its obligations under the Contract.
4. Burden of Proof:
The burden of proof as to whether a Force Majeure event occurred shall be upon the party
claiming the Force Majeure event. If operation of such circumstances exceeds three (3) months,
either party will have the right to refuse further performance of the agreement, in which case,
neither party shall have the right to claim eventual damages.
The party, which is unable to fulfil its obligations under this agreement, within 15 (fifteen) days
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 of occurrence of any of the causes mentioned in this clause must inform the other party in
writing of the existence or termination of the circumstances preventing the performance of the
Contract. Certificate issued by Chamber of Commerce, or any other competent authority
connected with the case in the country of Supplier, or the JPL’s shall be sufficient proof of the
existence of the above circumstances and their duration. The contract shall be deemed to have
cancelled either partially or wholly, without any compensation to either party.

5. Confidentiality:
The parties to the agreement shall not either during the term or after expiration of the validity
of the Agreement disclose any proprietary or confidential information relating to the Agreement
and the services without the prior written consent of either Party.

6. Period of Contract:
The Contract shall be valid until 31st August 2024, from date of issuance of Contract by JPL.
Further, after award, if the Supplier is not able to supply the allocated quantity of Pellets to
MGTPP due to any reason attributed to MGTPP or reason mentioned in force majeure clause,
an additional 1 (one) month grace period after the end date of supply period shall be provided
to the supplier.
Notwithstanding anything contained in the Contract, any quantity under Supplier’s custody,
must be delivered to JPL. Until such total Contracted Quantity is delivered to the area
designated by JPL, the Contract shall remain valid and enforceable.

Delivery Commencement:
The Supplier shall commence delivery of Pellets within 15 (Fifteen) days from the date of
issuance of the Contract.

7. Termination:
JPL reserves the right to:

• cancel / terminate the Contract in full or part in case at a later stage during pendency of
Contract it is found that firm/ Bidder had made a material misrepresentation while submitting
the Bid and, in that case, Security deposit submitted by the Successful Bidder shall also be
forfeited and the Successful Bidder shall be liable for blacklisting.

• cancel/terminate the Contract in full or part by written notice of 15 (Fifteen) days, if the
performance is not satisfactory in opinion of JPL or there is breach of Contract on the part of
Successful Bidder, or the Contract is found uneconomical to JPL. JPL also reserves the right
to terminate / cancel the Contract by giving fifteen (15) days written notice without assigning
any reason thereof. In case any indented / scheduled quantity is in transit, the termination
notice shall not apply to such quantity which is in transit.

• short-close/terminate the contract by giving 15 days advance notice, in case the Pellets
supplied by the Successful Bidder, if:
▪ Pellet supplied is not in in line with the specifications of the tender, or
▪ Pellets are not as per desired quality and quantity, or
▪ Pellets creates adverse effects on JPL’s plant and machinery, or
▪ The sourcing of raw material for the Pellets is not done in accordance with this tender. .

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 8. Contracted and Awarded Quantity:
JPL reserves the right to split the Contracted Quantity and award such quantities (“Contracted
Quantity”) to two or more Supplier(s). In such case Awarded Quantity shall have the same
meaning as Contracted Quantity for the purpose of the respective Contracts with the concerned
Supplier(s). The maximum allocated quantity to any Successful Bidder shall not exceed 90,000
tonnes during the contract period.
All the terms and conditions of the Contracts shall remain the same mutatis mutandis. The
Supplier shall supply the Contracted Quantity of Pellets as per the direction of JPL so as to
ensure that full allotted quantity is materialized before the end of Contract term.
Further, JPL will provide Purchase Orders to the Successful Bidder in partial quantities (upto
50%) initially. The purchase order for remaining quantities shall be released, subjected to the
desired quality and quantity of non-torrefied biomass Pellets being received from the successful
bidders, technical suitability to fire biomass and Plant Load Factor of JPL units. It is essential
for the supplier to supply biomass in accordance with the technical specifications so that there
should not be any adverse effects on JPL’s plant and machinery.
It shall be understood by the successful bidder that there shall be no final and binding conditions
on JPL to procure biomass Pellets, if the technical limitations are not in favour of JPL to co-fire
biomass Pellets. JPL reserves the right to short-close the contract in such cases by providing an
advance notice of 15 days, without assigning any reason thereof and successful bidder shall in
no case liable to seek any compensation in such instances.

9. Sub-Contracting:
Supplier shall not sub-contract its obligations under the Contract unless with the prior written
consent of JPL.
Supplier shall enter into a Contract with its sub-supplier with an explicit understanding that JPL
shall not be held responsible for deed, commission and omission in such third-party contracts
and if required by JPL, Supplier shall procure from the sub supplier(s) suitable deed or
incorporate suitable provision in the relevant sub-contract maintaining no obligation of JPL.
Notwithstanding the above, it is clarified that Supplier shall continue to be responsible to
perform its obligations under this Contract.
Irrespective of the provisions of the subcontracts or understanding with the third parties engaged
by Supplier, JPL shall not be in any manner responsible for any third-party payments/
claims/damages under the Contract. However, Supplier shall submit the copy of the agreements
signed with any third party /sub-suppliers and as well as a monthly undertaking for payments
made to third party supplier along with the details. Supplier shall file GST returns in time.
Supplier shall be solely responsible for any statutory payments and contractual payments in
relation to such third party.

10. Handling of Documents / Confidentiality:

All documents, data and specifications etc. prepared by the Successful Bidder in connection
with the SOW to be provided by the Successful Bidder shall be property of JPL. This stipulation
applies to the Successful Bidder them and shall continue to apply even after the execution of
such work(s) under the Contract. As and when required before final acceptance of work or upon
termination of the Contract, the aforesaid documents, data, and specifications etc. prepared
specifically for this engagement (including originals) shall be handed over to JPL.
The Successful Bidder shall take all necessary steps to ensure confidential handling of all
information received, developed, or acquired by them from JPL under terms of the Contract or
in performance thereof.
The Successful Bidder shall not prepare articles or photographs for publication or speeches
about the work and/or MGTPP and installation in which JPL has an interest without prior
written consent of JPL.

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 The Successful Bidder shall take necessary steps to ensure that all persons employed on any
work in connection with this engagement are fully aware that the Indian Official Secrets Act
1923 (XIX of 1923) applies to them and shall continue to apply even after execution of such
works under Contract.
11. Indemnity:
Supplier shall be liable to indemnify JPL for:

• any Claims or Losses arising from the Supplier's failure to pay Taxes and all costs incurred by
JPL and reimbursement of any costs incurred by JPL, including attorney's fees paid for
defending any Claim and/or Loss against JPL or payment of any Taxes by JPL on behalf of the
Supplier to the relevant Government Authority pursuant to Supplier's obligations under this
Contract.
• any Claims or Losses incurred to JPL on account of any non-compliance or violation of
Applicable Laws and/or permits.
• any Claims or Losses incurred or suffered by JPL on account of bodily injury, sickness, disease,
or death of any Person whatsoever arising out of the Supplier's performance and/or non-
performance of its obligations contained herein and as are finally determined by the court of
competent jurisdiction; and
• any Claims or Losses incurred or suffered by JPL on account of loss of or physical damage to
real property of JPL or any third party arising out of the Supplier's performance and/or non-
performance of its obligations contained herein and as are finally determined by the court of
competent jurisdiction.

12. Contract Price shall remain firm for the entire Contract period and shall be the full and complete
consideration payable by JPL to the Supplier, for carrying out the Scope of Work

13. JPL reserves the right to recover its losses arising out of this Contract, from the proceeds of the
PBG/Security if the same could not be recovered from the amounts due and payable to of the
Supplier.

14. JPL reserves the right to get the work done from any other Supplier on competitive basis, if the
same could not be completed in a timely manner by the Supplier and extra cost whatsoever if
incurred by JPL on this work shall be recovered from the Supplier.

15. The Supplier shall observe all Applicable Laws, including but not limited to the
laws/rules/regulations applicable in the respective States as well as Union Government of India
relevant to performance of this Contract. These includes but not limited to labour laws / Motor
Vehicles Act 1988 or any other law at present in force or to be in force during Contract period.
JPL shall not be responsible for any kind of breach of any laws in relation to the obligations of
the Supplier.

16. Any other activity not specifically mentioned above, but otherwise required to execute/complete
the Scope of Work, is deemed to be included in Scope of Work of the Supplier and no additional
charges for the same shall be payable by JPL.

17. No advance shall be paid to the Supplier.

18. Income Tax and other applicable taxes, if any, shall be deducted at source from the running bills
of the Supplier as per Acts/Rules applicable at that time. TDS certificate shall be issued for the
same.

19. Non-Disclosure
The Supplier should not disclose any information/data related to JPL while performing his role
under this Contract. The Supplier is required to give an undertaking in line with Annexure 13
for non-disclosure of any information/data related to JPL.”

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 20. Audit
Unless otherwise agreed to by JPL in writing, Supplier must strictly adhere to the terms of the
engagement, including all conditions and requirements contained in the NIT/work order. At all
reasonable times, JPL shall have access to any and all records, data, or documents relating to
JPL, Supplier’s engagement (unless destroyed by JPL’s direction) for inspection, audit, or
reproduction in order to assist JPL in determining Supplier’s compliance with the terms of
engagement, including the accuracy of Supplier’s invoices. Supplier must cooperate fully with
any audit JPL may require

21. Suppliers Representation and Warranties

a) it is duly incorporated or formed, validly existing and in good standing under the laws of India
and it is not in liquidation, provisional liquidation, or receivership, or under administration.
b) it has the corporate power and full legal capacity to enter into and perform this Contract.
c) the execution and delivery of this Contract has been duly authorized by all necessary corporate
actions.
d) it has the power and authority to perform its obligations under this Contract, and to
consummate the transactions contemplated herein.
e) this Contract constitutes a valid and binding agreement, enforceable against it in accordance
with the terms thereof.
f) neither the execution nor delivery nor performance by such Party of this Contract, nor the
consummation of the transactions contemplated hereby, will result in a violation of, or a
conflict with, any provision of the constitutional documents of such Party; a contravention or
breach of, or a default under, any term or provision of any indenture, agreement or instrument
to which such Party is a party or by which such Party or its property may be bound, or a
violation by such Party of any Applicable Laws; and
g) there is no action, suit or proceeding, at law or in equity, or official investigation by or before
any Government Authority, arbitral tribunal or any other body pending or threatened against
or affecting the Party or any of its properties, rights, or assets, which could reasonably be
expected to result in a material adverse effect on such Party’s ability to perform its obligations
under this Contract or on the validity or enforceability of this Contract.
h) It has obtained all valid and existing Permits as are required in order to execute this Contract
and will obtain and maintain all Permits required under Applicable Law in connection with
the performance of the Scope of Work throughout the Contract Period.
i) The Supplier or any personnel or sub-supplier(s) engaged by the Supplier to perform the Scope
of Work or any part thereof, are adequately qualified, competent and experienced.
j) All notices, requests, demands, instructions, or other communications required or permitted to
be given under this Contract shall be in writing. The notice shall be deemed to have been duly
received if:
• manually delivered, on the same calendar day; or,
• if mailed by registered or certified mail, postage prepaid, after 3 (three) Business Days from
the date of mailing.
• or if by fax/email which gives the sender proof of delivery, on the same calendar day after
such transmission, to the respective Party’s address as set forth herein below or to such other
address or fax number of which notices has been given in the manner above provided.

22. This Contract constitutes the entire Contract and understanding between the Parties on the
subject matter hereof and supersedes all prior understandings, contracts, conditions,
reservations, or representations, whether oral or written, of a date prior to this Contract that are
not embodied or are not deemed to be embodied in this Contract. This terms and conditions of
this Contract shall supersede all previous arrangements / agreements in relation to the Scope of
Work.

23. In the event that any provision of this Contract is invalid or becomes invalid under the
Applicable Laws, the enforceability and validity of the remaining terms and provisions, or

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 portions or applications thereof, shall not be affected thereby. Furthermore, the Parties agree to
replace any invalid provision with a new, valid provision having, as far as possible, the same
intent as the provision replaced.

24. Any modification or amendment of the Contract after execution of the Contract would have no
effect unless the modification or amendment is made in writing and is expressly stipulated to be
an amendment of the Contract and is signed by the duly authorized Representatives of both the
Parties.

25. The obligations of the Parties which by their very nature are intended to survive termination or
expiry of the Contract, shall survive termination or expiry of the Contract and the rights of the
Parties which had accrued prior to the termination or expiration of this Contract shall survive
such termination or expiration.

26. No delay, failure, or omission by either Party in enforcing, exercising, or pursuing any claim or
other remedy arising under this Contract shall be deemed to be or treated as a waiver of that
claim or any other remedy. Neither the exercise nor the waiver of any right or remedy by either
Party shall operate as a waiver of any other right or remedy.

27. This Contract may be signed in counterparts and delivered via facsimile. Each such counterpart
(whether delivered via facsimile or otherwise) when executed shall be deemed to be an original,
which together with the original shall constitute one and the same agreement. Facsimile
signatures of the Parties shall be deemed to constitute original signatures and executed facsimile
copies hereof shall be deemed to constitute duplicate originals.

28. In the event that any provision of the Contract shall be found to be void or unenforceable, such
findings shall not be construed to render any other provision of the Contract either void or
unenforceable, and all other provisions shall remain in full force and effect unless the provisions
which are void or unenforceable shall substantially affect the rights or obligations granted to or
undertaken by either Party.

No public announcement, including advertisement or publicity, with respect to this Contract,

the Project, or any transaction contemplated hereunder, shall be made by either Party unless
previously approved by the other Party. JPL undertakes not to unreasonably withhold, delay, or
deny its approval.

29. Successful Bidder’s Responsibilities:

The Successful Bidder shall perform its obligations as per the SOW with due care and diligence,
in accordance with the Contract and with the skill and care expected of a prudent provider of
services, or in accordance with best industry practices.
The Successful Bidder shall be responsible for timely supply of all resources, information, and
decision making under its control that are necessary for execution of the assignment.
The Successful Bidder shall acquire in its name all permits, approvals, and/or licenses from all
local, state, or national government authorities or public service undertakings that are necessary
for the performance of the Contract at its own cost.
The Successful Bidder shall comply with all laws in force in India. The laws will include all
national, State, municipal, or other laws including rules/ regulations / instructions issued by
statutory authority and are binding upon the Successful Bidder. The Successful Bidder shall
indemnify and hold JPL harmless from and against any and all liabilities, damages, claims, fines,
penalties, and expenses of whatever nature arising or resulting from the violation of such laws by
the Successful Bidder or its personnel and from any illegal use of any resources by the Successful
Bidder.
In particular, the Successful Bidder shall provide and employ only such personnel who are skilled
and experienced in their respective areas and supervisory staff who are competent to adequately
supervise the work at hand.
The Successful Bidder assumes primary responsibility for all the jobs for the execution of the
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 Contract in accordance with relevant provisions of this Bidding document.

30. Certificate not to affect right of JPL and Liability of Successful Bidder:
Neither the payment made by JPL nor any extension of Contract period granted by JPL shall
affect or prejudice the rights of JPL against the Successful Bidder or relieve the Successful Bidder
of his obligations for the due performance of the Contract or be interpreted as approval of the
works done or as discharge of the liability of the Successful Bidder.

31. Grafts, Commissions, Gifts etc.:

Any graft, commission, gift or advantage given, promised or offered by or on behalf of the
Successful Bidder or their partner, agent, officers, director, employee or servant or any one on
their behalf in relation to the obtaining or to the execution of this or any other Contract with JPL,
shall, in addition to any criminal liability which it may incur, subject the Successful Bidder to the
cancellation of this and all other contracts and also to payment of any loss or damage to JPL
resulting from any such cancellation. JPL shall then be entitled to deduct the same from any
monies otherwise due to the Successful Bidder under the Contract.

32. Waiver:
The failure of either party to enforce at any time any of the provisions of the Contract or any rights
in respect thereto or to exercise any option here in provided, shall in no way be construed to be a
waiver of such provisions, rights, or options or in any way to affect the validity of the Contract.
The exercise by either party of any of its rights herein shall not preclude or prejudice either party
from exercising the same or any other right it may have.

33. Suspension of Contract:

JPL reserves the right to suspend and reinstate execution of the whole or any part of the Contract
without invalidating the provisions of the Contract.

34. Defence of Suits:

If any action in court is brought against JPL for the failure or neglect on the part of the Successful
Bidder to perform any acts, matter, covenants or things under the Contract, or any damage or
injury caused by the alleged omission or negligence on the part of the Successful Bidder, its
agents, representatives or sub- suppliers, suppliers or employees, the Successful Bidder shall in
all such cases indemnify and keep JPL or their representatives, harmless from all losses, damages,
expenses or decrees arising out of such action.

35. General:

a. The Bidder shall keep the details of specifications / bid documents as confidential, and they
shall not be reproduced anywhere without the written authorization of JPL.

b. Direct or indirect canvassing on the part of the Bidder or their representative will lead to
disqualification from participation in the tender.

c. A Bidder shall not have conflict of interest with the JPL, JPL’s associates/employees/JPL’s
representative (if any). Further, the Bidder must disclose in its bid about any potential conflict
of interest immediately, which can affect the bidding process or execution of Contract.

36. Dispute Resolution:

Except as otherwise provided in the Contract, if any dispute or difference of any kind whatsoever
(a "Dispute") shall arise between JPL and the Supplier in connection with, or arising out of, or
relating to the Contract or the breach, termination, or validity hereof, JPL and the Supplier shall
attempt in good faith, to settle such Dispute in the first instance by mutual discussions initially
between the Supplier and JPL. Failing which, such Dispute or difference shall be settled by Courts
of competent jurisdiction at New Delhi
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 37. Governing Law:
The Contract shall be governed by the laws of India for the time being in force. Irrespective of
the place of delivery or place of performance or place of payment under this Contract, the Contract
shall be deemed to have been made at the place from where the acceptance of tender has been
issued.

38. Jurisdiction of Courts:

Subject to the provisions of Clause 16 above, the Contract is subject to the exclusive jurisdiction
of the competent courts at New Delhi.

39. Assignment:
Neither party to the Contract shall assign or transfer the Contract, or any benefit there under to
any person, firm or corporation without prior consent in writing of the other party.

40. Consignee:
Pellets will be consigned to the JPL address as mentioned in SOW.

41. Set Off:

Any sum of money due and payable to the Successful Bidder under this Contract (including
performance bank guarantee/Security deposit returnable to the Supplier) may be appropriated by
the JPL and set off against any claim of the JPL for the payment of a sum of money arising out
of that or any other contract entered into by the Successful Bidder with the JPL.

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 VOLUME - 4

PAYMENTS / TAXES &

DUTIES / DAMAGES ETC.

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 PRE-DISPATCH INSPECTION/PAYMENTS /PRICE ADJUSTMENTS ETC.

1. PRE-DISPATCH INSPECTION BY THE SUPPLIER:

The inspection shall be arranged at the Supplier's premises before the Pellets are dispatched to
the consignee and copy of inspection/test report in such case shall be attached by the Supplier in
original along with Good Receipt and other requisite documents as per P.O.

Pellets will be inspected physically at firm’s premises; however, JPL may collect samples from
the offered lot. Representative of JPL may ask for test reports of the lot carried out by the firms
in its lab. For this purpose, the supplier shall be required to give at least 15 days’ notice to the
purchasing authority, to arrange for inspection of goods offered for dispatch on different
occasions. In view of prevailing circumstances at that time, JPL reserves the right to waive off
pre-dispatch inspection, but all tests as prescribed in the NIT will be carried out at consignee’s
end and defects/deviation in technical parameters, if any noticed, shall be intimated within one
week to the supplier and payments shall be regulated/adjusted as per provisions of NIT. In such
case the supplier shall be authorized, in writing, to send the consignment without inspection.
Supplier will attach the copy of inspection waiver letter with GR and other requisite documents.

In case pellet was not ready for inspection and that the notice given by the supplier was
infructuous, the expenditure incurred by JPL on arranging for such inspection shall be recovered
from the supplier.

Tagging of consignment

Each consignment should be accompanied by general details (such as name of

company/firm/agency, address, date of dispatch, match number, vehicle type and number, weight
of consignment etc.) and technical details as per Annexure-5, given at the end of this document.

2. EARNEST MONEY DEPOSIT (EMD) AND SECURITY DEPOSIT (SD):

There is no EMD for this tender. However, Interest free Security Deposit shall be Rs. 5000/- (Rupees Five
thousand) per MTPD quantity for supply period until 31st August 2023. Thus, the security deposit shall be
calculated by below mentioned formula:

Daily Supply (in MTPD) = Contracted Quantities (in Tonnes)

0.75* Contract Period (in days)

Supplier shall deposit a minimum of 25% of total Security Deposit amount within 30 days of issue of
Contract and the remaining amount shall be recovered from running bill @ 10% of the Basic value of bills
subject to maximum Security Deposit (SD).

In case after having been issued the Contract of a package, if the bidder does not accept the Contract or do
not submit an acceptable Security Deposit, which results in tender being annulled then the bidder shall be
treated ineligible for participation in retendering of this particular package. Further, such Supplier shall
also be dealt under the provisions of banning or blacklisting, as deemed necessary.

Note: Security Deposit may be submitted in any of the following forms:

• A crossed Demand Draft/ Bankers Cheque drawn in favor of Jhajjar Power Limited payable
at Jhajjar, Haryana.
• An unconditional and irrevocable Bank Guarantee as per the JPL standard format from any
Nationalized Bank/ Scheduled Bank as acceptable to JPL.

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 3. PRICE AND ITS EFFECTIVENESS:
a. Biomass pellet price basis: -. Vide Ministry of Power’s letter dated 23rd August 2023 in
continuation to Ministry of Power (MoP) letter No.1l/86/2021-Th.II (C.No:238797) dated 16th
June, 2023, the price benchmarking committee carried out study for National Capital Region
(NCR) and submitted its report with recommended benchmark price for NCR. As per the
recommendation of the committee, biomass fuel price has been specified for a period of 1 (One)
year w.e.f. 01.09.2023.
The benchmark prices for non-torrefied biomass Pellets in the NCR region have been derived as
INR. 2.32/1000 kcal. The price specified is excluding GST & transportation cost at the pellet
manufacturing plant site. The Pellets shall have moisture content below 14% and GCV between
2800- 3400 kcal/kg.
Successful bidder must ensure quoted prices (excluding Transportation and GST) not more than
INR 2.32/1000 Kcal.
b. Freight charges: -The pellet shall be dispatched by road on "Freight paid" basis through
supplier's transporter.
c. Contract price shall be the firm price for entire supply period and there should not be any
escalation being considered for any kind of price revision in supply period. Any escalation shall
be solely considered, should there be any revision in price benchmarking as per government
notifications.
d. The bidder shall abide by the benchmarking prices being notified from Ministry of Power/or any
other government authority(ies) from time to time.

4. PAYMENT TERMS WITH RECONCILIATION / ADJUSTMENTS:

The Supplier shall submit the bills in triplicate on completion of delivery of pellet at MGTPP and
payment shall be released based on the methodology as below:

The bills are to be submitted along with the following supporting documents (as applicable),
including but not limited to: -
i. Copy of weighment certification by MGTPP.
ii. Copy of Quality reports of loading end
iii. Copy of MGTPP receipt end quality reports.
iv. Certified working for deriving payable quantity.
v. Original challan copies of truck engaged in transportation.
vi. HGI Certificate from NABL accredited lab.
vii. Composition of Pellet Material

Seventy Five Percent (75%) of payable amount shall be paid upon receipt of Pellets at site.
Twenty Five Percent (25%) shall be paid after test results acceptance.

4.1 However, it may happen that the Supplier may supply Pellets with lower GCV and takes the
Seventy Five Percent (75%) payment which may be more than the payment due against the
adjusted amount as per GCV of the supplied Pellets. To discourage such cases, contractors
defaulting on quality of Pellets, resulting in actual payment less than Fifteen (15%) of the
invoiced amount, shall only be paid Fifty Percent (50%) of the invoiced value on receipt of
the Pellets, instead of the Seventy Five Percent (75%) for subsequent six (6) months. The
remaining Fifty Percent (50%) shall be paid on receipt and acceptance of test results. The
facility may be restored based on satisfactory performance in previous Six (6) months.

4.2 Payment to the supplier shall be made fortnightly, i.e., payment for quantity delivered from
1st to 15th of a given month shall be made by 30th or 31st of that month and similarly, payment
for quantity delivered from 16th to 30th or 31st of a given month shall be done by 15th of next
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 month. However, payment shall be processed only after receipt of invoice complete in all
respects with supporting documents.

4.3 All the relevant payments due as per the Contract shall be released to the Supplier on
production of documentary evidence such as LR copy/ e-way bill/ toll tax receipts etc., to
ensure that the Pellets have been supplied from Supplier’s declared place (District) of
manufacturing plant.

5. LIQUIDATED DAMAGES FOR DELAY:

5.1 The Supplier shall have to commence delivery of Pellets within 15 (Fifteen) days from the
date of issue of the Contract. To facilitate initial capacity ramp up, no Liquidated Damage
shall be levied for initial thirty days (30) days from the delivery start date (hereinafter referred
to as 'NO LD period').

5.2 Liquidated Damage (LD) shall not be applicable for short supply up to Fifteen (15%) in a
month against aggregate of daily delivery schedule in that month. However, for monthly short
supply beyond Fifteen Percent (15%), liquidated damage (LD) shall be recovered from
Supplier @ Five Percent (5%) of Contract Price for shortfall quantities.

5.3 Although the Supplier shall supply the Pellets as per quantity ordered to supply (on a daily
basis), the Supplier shall have the flexibility to supply the Pellets in higher quantity than
offered to supply on daily basis on mutual consent basis to meet the annual supply
requirement. In such case, the supplier shall give 2 (two) weeks advance intimation to JPL
and JPL shall give the consent to supply Pellets in higher quantity after assessing the traffic
congestion, technical limitations or other aspects as required.

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 VOLUME - 5
SCOPE OF WORK

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 1. SCOPE OF WORK

The SOW under this RFP shall include supply, loading, transport, and delivery of Pellets at MGTPP on
“FOR destination basis” as per the guaranteed technical parameters mentioned in the RFP.

Table-1: Details of Pellet and supply duration

Sl. No. Description of Item Indicative Quantity Total Qty. (Tonnes)

[required by JPL in
Tonnes per day
(TPD)]
1 Agro residue-based Biomass
Pellets sourced and Approx 800 TPD 180,000 for the
manufactured in state of Haryana contract period
until 31.08.2023.

Note: The daily requirement estimated above is indicative only and may change based on the actual plant
load factor and requirement of the MGTPP.

Table-2: Technical Specification for Agro residue-based Pellet.

Sl. Technical Data Unit Specification for Non-

No Torrefied Pellets
1. Base Ingredients n. a. Agro Residue / Crop Residue (wood-
based Pellets will not be
acceptable)
2. Diameter mm Not more than 25mm
No other dimension should
exceed 35 mm
3. Bulk Density Kg/m3 Not less than 600
4. Fines%(Length<3mm) Wt% Fines<=5%
(ARB*)
5. Moisture (ARB)* Wt% Not more than 14%
6. Gross Calorific Value Kcal/Kg Non-Torrefied: 2800-3400
(ARB)**

7. Hard Groove Grindability Not less than 50

Index (HGI)
* ARB – As Received Basis ** GCV ranges are indicative.

It is to be noted that, JPL reserves the right to stop the supplies from the successful bidder, should the
quality parameters not have adhered despite repetitive warnings, or there occurs technical difficulties
in co-firing the biomass Pellets in its boilers.

2. MODE OF TRANSPORTATION:

2.1 The default mode of transportation is covered truck with the waterproof arrangement,
however, the supplier may also offer transport by rail mode with the prior consent of the
respective MGTPP management.

2.2 Unloading shall be in the scope of MGTPP provided Pellets are loosely filled in the Carriage
vehicle. Carriage vehicles should be fully covered and waterproofed during transportation
to prevent the Pellet from rain, sunlight, and dust aspects.
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 2.3 The supplier may supply the Pellet i.e., Biomass Pellets packed in bags. In that case, the
supplier shall unload the Pellet at his own cost and extra charges, if any, shall be borne by
the supplier.

2.4 Demurrage, if any, on the carriage vehicle for reasons attributable to the Supplier will be
borne by the Supplier.

3. RAW INGREDIENT FOR PELLET MANUFACTURING

3.1 Base ingredient for pellet manufacturing shall be agro residue which means the leftover
portion of the agriculture produce such as stubble/straw/stalk/husk of those agro residues
which are surplus and not being used as animal fodder such as paddy, soya, arhar, gwar,
cotton, gram, jawar, bajara, moong, mustard, sesame, til, maize, sunflower, jute, coffee, etc.,
groundnut shell, coconut shell, castor seed shell, etc., pine needle, elephant grass, sarkanda
and horticulture waste such as dry leaves and trimmings generated during the maintenance
and pruning of trees and plants.

3.2 For power stations within a radius of 300 km of NCR use of minimum 50% raw material as
stubble /straw/crop residue of rice paddy sourced from Haryana only is mandatory. Further,
the manufacturing facility of biomass Pellets being supplied at Jhajjar Power Limited should
be located in Haryana only. Successful Bidder has to submit documentary evidence in the
form of Certificate from State/Local Authority from where the paddy straw has been
sourced.

3.3 Agro residue-based biomass Pellets can be manufactured by mixing single or multiple base
ingredients together.

3.4 Mixing ingredients such as by-products of woodwork factory like wood chips, sawdust,
furniture waste, etc., bagasse, press mud, molasses, bamboo dust, or natural additives/binder
such as lignin, starch, and animal dung may also be used with agro residue in limited
proportion to enhance Pellet properties and the same shall be explicitly mentioned by the
supplier in consignment details.
3.5 Wood obtained from tree cutting shall not be treated as agro residue and shall not be used
as base ingredients or for mixing purposes whatsoever.

3.6 The supplier shall mention the name(s) of agro/crop residue(s) used for manufacturing non
torrefied Pellets and their approximate proportion in consignment details during the dispatch
of Pellet.

3.7 Natural additives/binder such as lignin, starch, animal dung, etc. can be used for
manufacturing non torrefied Pellets if required and the same shall also be explicitly
mentioned by the supplier in consignment details.

3.8 MGTPP reserves the right to exclude any base ingredients/additive/ binder or modify their
proportion if any adverse impact of the base ingredients/ additives/binder is found on the
boiler in long run.

3.9 The Bidders shall source the raw material for manufacturing the Pellet only through Agri-
Haryana Online Portal. Haryana Renewable Energy Development Agency (HAREDA) has
allocated service areas for procurement of paddy straw for MGTPP vide its order dated
02.01.2023. The Bidders shall ensure compliance to the said order as amended from time to
time.

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 (Information with justification is to be communicated to Mission Directorate in such cases)

4. DELIVERY SCHEDULE:

4.1 Default delivery schedule shall be the quantity allocated to the Supplier for the supply of
Pellet on a daily basis, which will be communicated to the Supplier by MGTPP Engineer-
in-Charge. Accordingly, the Supplier shall deliver that quantity of Pellet at MGTPP.

4.2 There should be continuous off take of the biomass by MGTPP as per the terms of the
Contract. JPL should not restrict the supply from the Supplier unless some exigency
happens and with mutual consent with the Supplier.

4.3 Although the Supplier shall supply the Pellet as per the above delivery schedule, however,
the Supplier shall have the flexibility to supply the Pellet in higher quantity than the
delivery schedule on mutual consent basis to meet the supply requirement under the
Contract. In such a case, the Supplier shall give 02 (two)-weeks advance intimation to JPL
and JPL shall give the consent to supply Pellet in higher quantity after assessing traffic
congestion, technical limitations or other aspects as required.

4.4 JPL can also give reduced delivery schedule to Supplier by giving one-week advance
notice through official email ID of Engineer-In-charge or e-mail ID of any other person
authorized by him and supplier shall dispatch the consignment accordingly.

4.5 Maximum variation in Pellet monthly offtake of Plants shall be within ±15% of the
Contracted Quantity.

4.6 In case, JPL is not able to off take the Contracted Quantity of Biomass in a given period
due to technical/non-technical reasons, it may be either stored at JPL end OR the period
of supply may be extended without LD. However, Supply quantity of Biomass as
identified in contract for a quarter shall be adjusted within the same Quarter.

4.7 JPL also reserves the right to temporarily stop the supplies and/or short-close the contract
with 15 days advance notice, in case:

4.7.1 the specified quality parameters are not being adhered by the successful bidder as
per clause 7.2.2.2 (f) of Scope of Work.
4.7.2 Generating units are in shut-down condition.
4.7.3 Reduction in off-take of power by the Procurers (Haryana and Delhi)
4.7.4 Technical constraints in consuming biomass in JPL units.
In such cases, successful bidder shall not claim for any compensation for kind of shortfall
in supplies.

5. QUANTITY DETERMINATION

5.1 Each and every truck/dumper having consignment of Pellet shall be weighed at weigh
bridge installed inside the MGTPP and if this weigh bridge becomes faulty/un-operational,
then the consignment shall be weighed at the weigh bridge installed in the silo area of
MGTPP. In case both the weigh bridges become faulty/ un-operational in that case the
consignment shall be got weighed from outside nearest weigh bridge.

5.2 Carriage vehicle shall be weighed for Gross weight and Tare Weight, net weight thus
received shall be considered as net quantity of Pellet received for all purposes.

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 5.3 The Supplier may witness the weight of vehicles once in Fifteen (15) days, MGTPP
representative will accompany the Supplier representative when any such visit is carried
out. Supplier shall intimate MGTPP representative via e-mail at least Two (2) days in
advance about the date of such visit.

Net weight = Gross weight less the Tare weight, both as measured at MGTPP weighbridge

MGTPP may provide a copy of calibration certificates of weighbridge if requested by the

Supplier. MGTPP shall undertake the calibration of Weigh Bridge in line with the
schedule/practice as recommended by Legal Metrology.

a. Any other contingency may be mutually discussed and settled.

b. Net adjusted quantity received at the Plant i.e., quantity worked out by MGTPP after
carrying out adjustment due to quality variations for the Base Parameters, if any, shall be
applicable for payment.

6. QUALITY DETERMINATION
6.1 MGTPP will carry out the sampling and analysis of non-torrefied Pellets at MGTPP as per
the provisions of either BIS or ASTM at the option of MGTPP. MGTPP will carry out the
sampling and testing process, as per the relevant BIS (IS 436 Part-1) standards for vehicle
sampling.

6.2 The authorized representatives of MGTPP and Pellet supplier shall jointly witness the
process of sample collection and preparation of the laboratory samples. The representatives
shall put their signature on the sample tags in evidence of the process of sampling. Both
consumer (MGTPP) and Pellet supplier - shall also sign on the samples register maintained
by the MGTPP at the Unloading Point.

6.3 For purpose of rejection test before unloading, samples shall be tested for moisture content
by MGTPP. If test result of any sample collected from a truck/consignment meets technical
parameter criterion for moisture content as given in (Table 2 of clause 1 of this SOW) then
truck will be allowed for unloading, otherwise, truck (Consignment) will be rejected if test
result meets the rejection criterion as given in (Table 4 of clause 9of this SOW) and it shall
be the supplier’s responsibility to carry it back on his own cost.

6.4 For testing of GCV and other technical parameters, single sample shall be prepared for all
the consignments received in a day from a vendor. For avoidance of doubt, in case supply
is from multiple vendors in a day, vendor-wise sample shall be prepared for all the
consignment received in a day.

6.5 The final laboratory sample shall be divided into 3 (three) parts. Part-1 of the sample is for
analysis of GCV and other technical parameters by JPL lab at site. Part-2 sample is to be
handed over to the Pellet supplier for its own analysis. Part- 3 of the sample, called Referee
sample, shall be sealed jointly and shall be kept with JPL under proper lock and key
arrangement. If Supplier fails to collect Part-2 sample within 3 days of sampling, sample
shall be disposed at Unloading Point of MGTPP and MGTPP will not be liable in this case.

6.6 MGTPP’s representative will have the right to witness sampling and testing of Pellet for the
Base Parameters at the loading end.

6.7 Mere absence of or failure of participation by any representative of Pellet supplier shall not
be a ground to negate the sampling process undertaken.

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 6.8 The supplier’s representative will have the option to witness the sample collection,
preparation, testing of the main sample, and final packing of the reserve sample. Any
dispute related to sampling, preparation, and analysis activity has to be raised strictly within
48 hours of the respective activity. Further, any dispute related to testing results may be
raised strictly within 7 days of the declaration of the results by MGTPP. The disputes
concerning sampling and testing may be entertained only if backed up by logical and
justifiable reasons. Frivolous/repeated disputes may invite penal action by MGTPP.

6.9 As this process of sampling and preparation is a continuous round the clock process to deal
with the multiple consignment workloads, so MGTPP would carry out the process as per
the time deemed suitable for the process. Hence, it is the responsibility of the supplier’s
representative to be available at all times to witness the same.

6.10 MGTPP may request Supplier to withdraw representative who is not diligent and/or is not
cooperative. Frivolous/unreasonable objections to the sampling and testing process at
MGTPP will not be entertained. It may be noted that witnessing testing (if any) carried out
outside the MGTPP lab will not be feasible and should be avoided.

6.11 MGTPP may also consider (at its option) sharing part of the sample (third sample) with the
Supplier. The third sample is for reference of the Supplier only and results of analysis of
the third sample will not be considered for determining the payments.

6.12 Referee samples will be preserved in the MGTPP laboratory under locked almirah in sealed
condition in a moisture-free area for 30 days (from the date of declaration of such results)
in the safe custody of the MGTPP.

6.13 Generally, Quality reports will be generated within 7 working days of receipt of the Pellet
and the same will be communicated to the Supplier, subject to receipt of loading end quality
report.

6.14 In case of a dispute being raised within the stipulated time period, the Referee sample shall
be analyzed in a NABL accredited laboratory as notified by JPL time to time. All expenses
(shipment charges, testing charges and any other charges) shall be borne by the party
invoking the “Referee Challenge”. As the referee sample remains preserved at JPL, it is
JPL’s responsibility to deliver the “Referee sample” to designated NABL accredited lab.
Expense(s) borne on supplier part shall be adjusted against payment of RA bills to the
supplier. It is to be noted that NABL accredited laboratory report of referee sample shall be
final and binding on both the parties.

6.15 It may be noted that referee samples shall only be used in case of conflict of quality and
price adjustment, whereas, in case of rejection of consignment due to Total moisture (TM)
content, MGTPP reported TM content result will be final and binding.

6.16 To prevent misuse of the facility by disputing the majority of results of the lot, MGTPP will
abort this reserve testing process in case if the reserve sample results (first two) are within
the repeatability limits (as per BIS 1350) from original results. In this case, original results
will be considered for payment purposes.

6.17 Any Pellet that is received at MGTPP will not be returned/ permitted to be collected by the
Supplier unless agreed to in writing by MGTPP. Dispute raised beyond the stipulated time-
period shall not be entertained.

e-NIT No: APRAAVA/JPL/ NON-TORREFIED BIOMASS PELLETS 23-24/01 dated 25.09.2023 Page 36 of 62
 6.18 Standards/Methods as per the table below will be referenced/used for quality determination:

Sl. No. Technical Data Testing Method/Standard

1. Dimension (Diameter ISO 17829 or Equivalent method may be referred

& Length)
2. Fines (%) ISO 18846 or Equivalent Method may be
referred
3 GCV(ARB) IS 1350 or equivalent method may be referred
4. Moisture content Method based upon IS 1350 or equivalent
(ARB) method may be referred (Hand-Held Moisture
Meter may also be used)
5. HGI ISO 5074 or equivalent method may be
referred

6.19 For Determination of Total Moisture (TM) content:

a. Samples shall be collected from each truck/dumper for TM determination.

b. TM will be determined by MGTPP lab validated method based on IS 1350, and 10g of 2.90mm
passing sample will be heated for 2 hours at 108 +/- 2 Deg C.

Total Moisture will be computed as per the formula below:

TM% = (W1-W2) X100/ W1
Where: W1= Initial Weight of Sample (10 grams)
W2= Final Weight of Sample.

Note: Before unloading, samples shall be tested for moisture at Station end. If this value is in the
rejection level range, the consignment shall be rejected, and it shall be the suppliers' responsibility to
carry it back at his own cost.

7. COMPUTATION METHODOLOGY FOR VARIOUS RECOVERIES / QUANTITY

ADJUSTMENTS:

7.1 The supplier shall guarantee technical parameters of agro residue-based Pellets as given in
Table-2: Technical specifications under clause 1 of Scope of Work. The characteristics
contained in Technical Specification (table-2 under clause 1) shall be adhered to and
maintained and non-adherence shall result in ‘Quantity and Price Adjustment’ as per clause
7.2 or even rejection as per clause 9, as mentioned in this volume.

7.2 Acceptance range with/without pro-rata price / quantity adjustment:

7.2.1 The agro residue-based Pellets supplied shall conform to technical specifications as
given in Table-2: Technical Specifications. But, in case consignment of agro residue-
based Pellets does not meet the guaranteed parameters for GCV, moisture content, and
fines %, but are within the acceptable limit as given in table-3 (below), the consignment
shall be accepted but with a pro-rata price/ quantity adjustment as applicable.

e-NIT No: APRAAVA/JPL/ NON-TORREFIED BIOMASS PELLETS 23-24/01 dated 25.09.2023 Page 37 of 62
 Table 3: Parameters on Acceptable Limits

Sl. No. Technical Data Units Acceptance range Acceptance range

Without Price with pro- rata
/Quantity Price /
adjustment Quantity adjustment
1 Gross Calorific Value Kcal/Kg As per clause 7.2.2.2
(ARB*) – Non torrefied
2 Total Moisture (ARB*) Wt% Not more than 14%
3 Fineness% (ARB)- length Wt % Fineness Fineness > 5%
less than 3 mm <= 5%
*ARB: As received basis.

7.2.2 Price Adjustment for Gross Calorific Value (GCV)

If a consignment of agro residue-based Pellets does not meet the guaranteed parameters for Gross
Calorific Value (ARB) but is within the acceptable limit, the consignment shall be accepted but with pro-
rata upward or downward price adjustment as calculated using the following formula:

7.2.2.1 Non-Torrefied pellet:

a. Stipulation of limits for Quoted GCV: Based on the Base ingredients and Mixing
ingredients as per technical specification, Bidder is required to quote GCV value of biomass
in Kcal/Kg within the range as mentioned below:

b. In case of Non-Torrefied Pellet

Minimum Limit- 2800 Kcal/Kg

Maximum Limit- 3400 kcal/Kg

c. Supplier shall supply the agro residue based Non-Torrefied biomass Pellets of GCV
not less than 2800 kcal/kg. Price shall be adjusted for GCV variation of supplied Pellet as
below:

For GCV (ARB) >= 2800 Kcal/Kg [For GCV more than or equal to 2800 Kcal/Kg]
Pro-rata price adjustment shall be done for GCV variation within acceptable GCV range of
supplied Pellet as per following formula: -

Adjusted FOR price = [Quoted FOR price* × Actual GCV (ARB) ] /Quoted GCV
(ARB)

* FOR Price- FOR Destination Price

d. In case upward GCV variation is more than the Maximum Limit for Non - Torrefied
pellet then Price adjustment on account of GCV shall be limited to Maximum Limit for Non-
Torrefied pellet only.

e. The downward GCV variation from Minimum limit, pro-rata price adjustment shall be
done for GCV variation of supplied Pellet as per following formula:

• For GCV 2800 Kcal/Kg> GCV=>2400 Kcal/Kg [For GCV less than 2800 Kcal/Kg
AND more than or equal to 2400 Kcal/Kg]

e-NIT No: APRAAVA/JPL/ NON-TORREFIED BIOMASS PELLETS 23-24/01 dated 25.09.2023 Page 38 of 62
 Adjusted FOR price = 0.75x [Quoted FOR price × Actual GCV(ARB) ] /Quoted GCV
(ARB)

• For GCV 2400 Kcal/Kg> GCV=>2000 Kcal/Kg [For GCV less than 2400 Kcal/Kg
AND more than or equal to 2000 Kcal/Kg]

Adjusted FOR price = 0.5x [Quoted FOR price × Actual G(ARB) ] /Quoted GCV
(ARB)

• For GCV < 2000 Kcal/Kg [For GCV less than 2000 Kcal/Kg]

In case of GCV (ARB) is less than 2000 kcal/Kg, no payment shall be made for already
delivered and consumed Pellet of GCV less than 2000 Kcal/kg.

Note: In case, supplier is found to frequently supply the Pellet of GCV less than 2800 Kcal/Kg or
found to take deviations in other technical parameters, warning letter shall be issued to supplier.
f. However, if Pellet is supplied below 2000 Kcal/Kg in more than 3 (Three) instances
during the duration of contract even after issuing warning letter then Contract shall be liable
for cancellation.

g. Pellet supplied of GCV less than 2000 Kcal/Kg is liable for rejection and no payment
shall be made for Pellet already delivered and consumed.

8. RECOVERY ON ACCOUNT OF EXCESS FINES IN CONSIGNMENT

Dimension of agro residue-based Pellets has been given in the technical specification which shall
be adhered to. Dust, crushed agro residue-based Pellets in consignment as received at MGTPP
shall be treated as fines and there shall be recovery on account of excess fines (ARB) if it exceeds
5%. The recovery on account of excess fines will be worked out as per the following formula.

Recovery= Adjusted price of biomass pellets x W x (Weight% of fines beyond 5%)

This amount shall be recovered from the payment of that consignment.

9. REJECTION LEVEL
The consignment of agro residue-based Pellets arrived at the MGTPP shall initially be tested for
following before unloading and shall be rejected if total moisture (as given in table 3) exceeds the
rejection level given as follows:

Table-4 Rejection Level

Sr. Technical Data Unit Rejection Level
No
1 Total Moisture (ARB) Wt% More than 14%

10. UNLOADING AT JPL SITE:

Unloading of the Pellet shall be at the Unloading Point. Supplier shall coordinate with MGTPP
Team for arranging necessary unloading clearances. However, unloading shall be completely done
by MGTPP.

11. MATERIAL ENTRY:

• Pellet entry is allowed from Gate number-3 only after following the necessary gate pass
process and initial inspection by security at Gate-3.
• After entry in MGTPP premises, supplier shall contact Stores Department official and inform
about the arrival of truck/consignment.
• Stores will then direct the truck/consignment to Weighbridge for load weighment purposes
e-NIT No: APRAAVA/JPL/ NON-TORREFIED BIOMASS PELLETS 23-24/01 dated 25.09.2023 Page 39 of 62
 and inform EIC for arrival of Pellet for preliminary physical inspection.
• Post weighment of loaded truck, it will be directed to the designated place for sampling
processes and finally unloading will take place.
• Supplier shall submit necessary documents like quantity receipts, Pellet quality certificates,
E-way bills, Invoices etc. to Stores Department, which will be sent to respective departments
for assessment of quality, quantity and for billing purposes.
• After unloading, empty tare weight will be taken to arrive on net quantity receipt.
• Necessary adjustments in billing; basis quality determination of GCV, Moisture, Fines etc.
will be done by EIC. Supplier shall notify within 07 days, from the date quality test result
was shared. In case of referee challenge, guidelines mentioned as per Section 12 of Scope of
Works shall be followed.

12. TERMINAL POINT INFORMATION AND SAMPLING PROCESS:

12.1 The site/location for sampling, weighment and Unloading Point will be identified by MGTPP
station.
12.2 The trucks shall be sent for Sampling, Weighment and unloading after verifying all the documents.
In any of such events, for any extra halt of carriage vehicle due to delays, demurrage shall not be
payable by MGTPP. Sampling may be done at the Unloading Point, or any other location as
identified by MGTPP site.
12.3 In case of rejection of consignment as per Scope of Work. It is supplier’s responsibility to carry it
back at its own cost as per Scope of Work.
12.4 MGTPP station will collect the gross weight and the tare weight of the carriage vehicle, and the net
weight will be calculated. Net weight quantity of Pellet received at JPL will be final for the purpose
of assessment of executed quantity and payment.
12.5 Extraneous Material (For material other than specified in Technical Specification at Clause 7 of
Scope of Work):
Supplier has to ensure that Pellet is free of foreign/extraneous material etc., failing which JPL shall
ask Supplier to segregate as well as recover up to contracted Landed Price for ten times of weight
of the extraneous material or 0.5% of FOR Pellet of particular truck whichever is higher.
12.6 Supplier is to ensure that raw materials such as Base ingredients and mixing ingredients to be
sourced from domestic sources only as specified in the “Raw ingredient for pellet manufacturing”.
12.7 Sampling Methodology and responsibility:

• Sampling of the Pellet, its analysis and result sharing will be done by Chemistry &
Environment (C&E) team of JPL.
• Representative of C&E team / Authorized person of MGTPP will coordinate for Pellet
sampling from the truck/consignment.

• The Pellet sample should be representative sample, means it should have Pellets of all
sizes (small, medium, large) etc. The collected sample should represent the truck/
consignment. For the purpose of rejection test before clearance for unloading, each
truck/consignment shall be tested for moisture by MGTPP. For testing of GCV and other
technical parameters, single composite sample shall be prepared for all the consignments
received in a day from a vendor. For avoidance of doubt, in case supply is from multiple
vendors in a day, vendor-wise sample shall be prepared for all the consignment received
in a day.
• The sample quantity of approximately 30 Kg is to be collected from each
truck/consignment from 5 randomly selected spots on the truck top after removing Pellet
layer of approximately 15-30 cm depth from be top. Approximately 5-6 kg of sample is
to be collected from each spot.
• Five spots are selected for sampling of Pellet randomly, as shown in figure below. Any
one spot selection option will be decided by MGTPP sampling staff after viewing the
Pellet loading pattern. Spot selection is not in vendor's scope.

e-NIT No: APRAAVA/JPL/ NON-TORREFIED BIOMASS PELLETS 23-24/01 dated 25.09.2023 Page 40 of 62
 12.8 For testing of moisture for selection test for unloading clearance

After collection of samples from the truck as stated above, thoroughly mix the Pellet
samples and collect approximately 1 Kg of representative sample for carrying out rejection
test as per Clause 9 above.

12.9 For testing of GCV and other technical parameters

Do the conning and quartering of the rest of the sample, till the sample quantity is reduced
to 4-5 Kg as explained below:

Example-

Suppose one collects 30 Kg sample from One truck and total no of trucks received in a day
from a particular vendor is ’N’ then the total pellet sample collected will be around ‘30N'
Kg. ‘N' can be 1,2,3 ...or so on.

Prepare a cone (heap) of ’30N' Kg and divide the cone from top to bottom and remove the
half portion (left or right). Further, prepare the cone for remaining ‘15N' Kg of pellet and
divide the heap and remove the pellet of side opposite to the side of previous removal. Now,
the balance available qty of pellet is '7.5N’ Kg and continue this process till the pellet sample
is reduced to '4-5’ Kg. The final laboratory sample shall be distributed as per Clause 12 for
determination of GCV and other technical parameters.

e-NIT No: APRAAVA/JPL/ NON-TORREFIED BIOMASS PELLETS 23-24/01 dated 25.09.2023 Page 41 of 62
 VOLUME - 6
ANNEXURES

e-NIT No: APRAAVA/JPL/ NON-TORREFIED BIOMASS PELLETS 23-24/01 dated 25.09.2023 Page 42 of 62
 ANNEXURE-1

STATEMENT OF BIDDERS

• Name of Bidder ____________________ ________

• Address of Head Office _______________ ________________

• Correspondence Address _______________________________

• Legal status: PAN & TIN Number of the Bidder (attached self-attested photocopies)

i. PAN __________________ ____

ii. TIN __________________ ______
iii. CST No. ________________________

• Bank Details (attached signed cancelled cheque)

▪ Bank Name & Address
▪ Bank Account Number
▪ Bank Branch Code
▪ IFSC Code of Branch
▪ Nature of account (current/saving/OD/CC)

• Main lines of Business

i. ____________________________ since______________
ii. ____________________________ since______________
iii. ____________________________ since______________

• Annual Turnover of past three year (Optional)

i. ____________________________
ii. ____________________________
iii. ____________________________

• Past Experience:
Name of Period Reference of Order Value
Organization Contract contract wise

Signature and Stamp of Bidder

e-NIT No: APRAAVA/JPL/ NON-TORREFIED BIOMASS PELLETS 23-24/01 dated 25.09.2023 Page 43 of 62
 ANNEXURE-2

GENERAL CHECKLIST FOR BIDDERS

Sr. Documents List Yes / No

No. (To be filled by vendor/firm)
1 Cost of tender fees (INR 5,000 )
3 Whether MSME or not
4 Proof of PO/Contract
(Photocopies, if any)
5 Blacklisting certificates (if any)
6 Signed and stamped copies of
tender documents
7 Statement of Bidders as per
Annexures section

NOTE: The above is illustrated checklist and JPL may ask for any document, as
and when required.

44
 ANNEXURE-3
PART-II - FORMAT OF PRICE BID

Landed cost of
Quantity of Rate quoted
Biomass Pellets
Agro-residue for biomass
at JPL = Cost of
based Biomass Pellets
GCV on Cost of Pellets (in
Pellets offered (To be capped
ARB basis Transportation INR/1000 KCal)
(paddy straw as per
+ Transportation
content should be Benchmarking
Cost (in
minimum@50%) Price of MoP)
INR/1000 Kcal)
(Range 2800- (**exclusive (**exclusive (**exclusive
3400 kcal/kg) GST) GST) GST)
in INR/1000 in INR/1000
(in MT) (in kcal/kg) in INR/1000 Kcal
Kcal Kcal
To be
To be quoted by To be quoted To be quoted by
quoted by
Supplier by Supplier Supplier
Supplier

• This format shall be filled on e-tendering portal. Bidders shall not submit any
price bid along with technical bid offers.

*GST shall be paid extra as per prevailing government norms.

Signature of authorized person

with stamp and seal of Firm

Note:

i. A Bidder can bid for the quantity only in multiple of 100 TPD and can offer to supply a
minimum 100 TPD (Tonnes per day) of non-torrefied Pellets at plant location. Bidder(s)
quoting quantity of Pellets less than 100 TPD shall be rejected. For bidding purpose, a
minimum guaranteed GCV parameter has been set, bidders to bid basis the GCV as
mentioned in price bid.

ii. JPL may place multiple orders to successful bidders on discovered L1 price based upon
the rank/merit of quoted prices (if agreed by bidders).

iii. The first month of supply would commence from 15 (Fifteen)days from the date of
issuance of Contract or from the date of actual commencement of supplies whichever is
earlier.

iv. As the Contracted Quantity is 180,000 MT, therefore, JPL may place multiple orders to
successful bidders on discovered L1 price (if agreed by bidders) based upon the
rank/merit of quoted prices. If the L1 bidder is unable to supply complete Contracted
Quantity of 180,000 MT; JPL reserves the rights to procure any specific quantity/or all
quantity from any other bidder on price basis. The bid comparison shall be done on
Indian Rupees per Kcal basis.

45
 ANNEXURE-4

DECLARATION BY BIDDER
(To be submitted on Companies letter head along with technical bid)

We, the undersigned, has read the technical specifications for agro-residue based non-
torrefied biomass Pellets, and declare the following:

(a) We have read and completely understood the technical specification document and
have no reservations to it including amendment/ Clarification.

(b) We have quoted the price in price bid for the agro-residue based non-torrefied
biomass Pellets having technical specs as follows:

Sl. Technical Data Unit Specification for Non-

No Torrefied Pellets
1. Base Ingredients n. a. Agro Residue / Crop Residue (wood-
based Pellets will not be
acceptable)
2. Diameter mm Not more than 25mm
No other dimension should
exceed 35 mm
3. Bulk Density Kg/m3 Not less than 600
4. Fines%(Length<3mm) Wt% Fines<=5%
(ARB*)
5. Moisture (ARB)* Wt% Not more than 14%
6. Gross Calorific Value Kcal/Kg Non-Torrefied: 2800-3400
(ARB)**

7. Hard Groove Grindability Not less than 50

Index (HGI)

(c) We understand that quantity and price adjustment shall be made for supplying the
Pellet deviating from technical specification but within acceptable range as per clause
8 and 9 of technical specification.
(d) We understand that rejection of consignment shall be made for not meeting
acceptance limits of parameters as per clause 10 of technical specification.
(e) We understand that liquidated damage (LD) shall be recovered for supply shortfall
as per tender condition.
(f) We declare that we have read the bid document and has no reservation to it and shall
abide by its provision.
Name/ Designation:
Name of Company/firm/agency
Date & Place: Signature & Seal of firm

46
 ANNEXURE-5

TAG FOR CONSIGNMENT

(To be tagged along with each consignment on Agency's letter head)

Details to be furnished with each consignment during dispatch General Details

Sl. No. Description Particulars

1 Name of company/ firm /agency

2 Address of manufacturing location
3 Type of biomass Pellets Non-Torrefied
4 Date of dispatch
5 Batch number
6 Carriage vehicle type/ number
7 Weight Gross weight (kg)
Tare weight (kg)

Pellet weight (kg)

8 (Any other details as applicable)

Technical Details

1 Dimension of non-torrefied pellet (in mm)

2 Name of base ingredients and its percentage
3 Mixing ingredients and its percentage
4 Additive and its percentage

Name/Designation

Signature: Date: Place:

47
 ANNEXURE-6

CERTIFICATE REGARDING NO DEVIATIONS

(ON THE LETTER HEAD OF BIDDER)

(THIS SHALL BE A PART OF TECHNO COMMERCIAL BID)

1) With reference to our Bid Proposal No:………………………. Dated ……….for [insert

Name of the Package], Bid Document No. [insert Bid Document No.], we hereby confirm
that we comply with all terms, conditions and specifications of the Bidding Documents and
Applicable Laws, read in conjunction with Amendments(s)/Clarification(s) (if any) issued
by JPL prior to opening of Techno-Commercial Bids and the same has been taken into
consideration while making our Techno-Commercial Bid and Price Bid and we declare that
we have not taken any deviation in this regard.

2) We further confirm that any deviation, variation, or additional condition etc. or any
mention, contrary to Bidding Documents and its Amendments(s) / Clarification(s) (if
any) as mentioned at 1 above found anywhere in our Techno- Commercial Bid and/ or Price
Bid, implicit or explicit shall stand unconditionally with drawn, without any cost
implication whatsoever to JPL.

Signature:

Designation:

Name of the Supplier:

Address of the Supplier:

Seal of Supplier:

Note: The above certificate is to be submitted along with the Techno Commercial bid, as
detailed in the bidding documents. In the absence of this certificate, as per provisions of the
bidding documents, the bid shall be rejected.

48
 Annexure-7
FORMAT OF AFFIDAVIT THAT BIDDER HAS NOT BEEN BANNED OR
BLACKLISTED

NIT No.: _______________ Dated__________

(TO BE STAMPED IN ACCORDANCE WITH THE STAMP ACT)
TO BE NOTARIZED BY A NOTARY PUBLIC

Affidavit of Shri________________S/O______________Aged_______
R/O________________
I, the above-named deponent does hereby solemnly affirm and declare as under:-
1. That I am working as _______________(Designation) in __________(Name and
address of the Bidder) since___________
2. That I am duly authorized by __________(name of the Bidder) to submit this affidavit
of its behalf.
3. That Bidder is submitting a bid in response to invitation for bid for “Supply and
delivery of 180,000 Metric Tonne (MT) agro-residue based non-torrefied bio-mass
Pellets (paddy straw content should be minimum 50%) for co-firing with coal on
‘FOR Destination’ basis at Mahatma Gandhi Thermal Power Plant (MGTPP),
Khanpur, Matenhail Jhajjar, Haryana”.
4. That Bidder is not blacklisted/ debarred/suspended for business or Banned as on date of
submission of bid by any power utilities / Government / Semi Government /
Government Undertaking Organizations/Companies/PSUs in India & abroad.
5. That if at any point of time the declarations given above are found to be incorrect, JPL
shall have the full right to terminate the contract and take any action as per applicable
laws for breach of contract including forfeiture of Security Deposit

DEPONENT
Verification:

Verified at_______on_____day of ______2022 that the contents of my above affidavit are true
to best of my knowledge. No part of it is false and nothing material or relevant has been
concealed there from.

DEPONENT

49
 Annexure-8

POWER OF ATTORNEY IN CASE OF JV/CONSORTIUM

(In favour of the Partner authorized to sign/execute documents)

To be submitted by all partners of Joint Venture/Consortium individually

TO BE STAMPED AS PER THE STAMP ACT

We, …………(Name of the Partner) partner in Joint Venture/Consortium participating in the

invitation for bid for “Supply and delivery of 180,000 Metric Tonne (MT) agro-residue
based non-torrefied bio-mass Pellets (paddy straw content should be minimum 50%) for
co-firing with coal on ‘FOR Destination’ basis at Mahatma Gandhi Thermal Power Plant
(MGTPP), Khanpur, Matenhail Jhajjar, Haryana” existing under the laws of (name of
Partner’s country) having its principal office at (address of Partner’s office) hereby appoint and
authorize (name of the Partner authorized) existing under the laws of (name of Partner’s
country), and having its principal office at (address of Partner authorized) as its lawful attorney
to do, in the name of aforesaid joint venture/consortium company, any acts mentioned below,
concerning the tender for supply of agro-residue based non-torrefied biomass Pellets to JPL.
1) To participate in the tender/bid No…………..
2) To enter into the contract.
3) To receive instruction for and on behalf of any or all the partners of Joint
Venture/Consortium.
4) To take all the action for entire execution of the contract on behalf of all the partners of
the Joint Venture/Consortium; and
5) To do any other act related thereto.
This Power of Attorney comes into effect forthwith and shall remain in full force as per
the terms of the bid documents and the subsequent contract, in case of the Successful Bidder.

Signature of Partner Authorized Yours faithfully,

Name Name

Designation Designation

Address Seal of Partner company

Seal of Partner authorized.

50
 ANNEXURE-9
Annexure for Declaration of subsidiaries/ related parties

(TO BE STAMPED IN ACCORDANCE WITH THE STAMP ACT)

TO BE NOTARIZED BY A NOTARY PUBLIC

NIT No.: [●] Dated: [●]

1. That I am working as [●] (Designation) with [●] (“Bidder”) (Name and address of the
bidding entity) since [●].

2. That I am duly authorized by [●] (name of the bidding entity) to submit this affidavit of
its behalf.

3. That, the Bidder is submitting a bid in response to invitation for bid for supply and
delivery of 180,000 Metric Tonne (MT) agro-residue based non-torrefied bio-mass
Pellets (paddy straw content should be minimum 50%) for co-firing with coal on ‘FOR
Destination’ basis at Mahatma Gandhi Thermal Power Plant (MGTPP), Khanpur,
Matenhail Jhajjar, Haryana for Jhajjar Power Limited (JPL).

4. I, on behalf of [●] hereby declare and confirm that only [●] is participating in the NIT
for supply and delivery of 180,000 Metric Tonne (MT) agro-residue based non-
torrefied bio-mass Pellets (paddy straw content should be minimum 50%) for co-firing
with coal on ‘FOR Destination’ basis at Mahatma Gandhi Thermal Power Plant
(MGTPP), Khanpur, Matenhail Jhajjar, Haryana and that our parent company,
associate company, Affiliate or any group company with which the Bidder has direct,
or indirect relationship are not separately participating in this NIT.

5. I, on behalf of [●] further declare and confirm that, M/s [●] (enter name of the parent
company/promoter) is/are our promoter(s) and has/have a direct and/or indirect Control
in the Bidder as defined under the NIT. No other entity has a direct/indirect control in
the bidding company except the entity(ies) mentioned above.

6. I further declare that the above statements are true and correct. I, on behalf of [●]
undertake that if at any stage it is found to be incorrect, in addition to actions applicable
under the NIT including but not limited to cancellation of our submission of bid and
Contract as applicable, the Bidder i.e., M/s [●], including our parent company, associate
company, Affiliates or any group company shall be suspended/debarred from
participating in any of the upcoming tenders issued by JPL for a period of three (3)
years from the date of such default.

7. I understand that in case of M/s [●] being selected under this NIT as the successful
bidder, any of the above statements are found false, JPL shall take appropriate action as
deemed necessary.

51
DEPONENT

Verification:

Verified at [●] on [●] day of 2022 that the contents of my above affidavit are true to best of my
knowledge. No part of it is false and nothing material or relevant has been concealed there
from.

DEPONENT
Verification:

Verified at_______on_____day of ______2022 that the contents of my above affidavit are true
to best of my knowledge. No part of it is false and nothing material or relevant has been
concealed there from.

DEPONENT

52
 ANNEXURE-10

UNDERTAKING FOR NON-ENGAGEMENT OF AGENT TO DEAL WITH JPL

(To be submitted by the Bidder on their letterhead)

NIT No. Dated :

To,

Head-Procurement & Inventory,

Jhajjar power Limited,
Jhajjar, Haryana

Dear Sir/(s),

We fully understand that JPL would deal directly and exclusively with us for the subject tender
for “Supply and delivery of 180,000 Metric Tonne (MT) agro-residue based non-torrefied
bio-mass Pellets (paddy straw content should be minimum 50%) for co-firing with coal
on ‘FOR Destination’ basis at Mahatma Gandhi Thermal Power Plant (MGTPP),
Khanpur, Matenhail Jhajjar, Haryana” and no agency arrangements are acceptable to JPL.

We, hereby, undertake that we shall deal directly with JPL and have not engaged any Agent to
deal with JPL for the tender regarding

Date: Signature .......................................

Place: Name .............................................
Designation:...................................

Company Seal ................................

53
 ANNEXURE-11
VENDOR CODE OF ETHICS

Business Practices:
We require strict adherence to proper business practices to ensure the achievement of high
standards of business and personal ethics for those with whom we work, including
advisor/consultant engaged. You must adhere to all laws of India in performing the service.
You shall not offer or make any payment of monies or other valuable consideration to, directly
or indirectly, influence, corruptly or unlawfully, any decision of judgment of any official or any
government or of any subdivision, agency, or instrument of that government in connection with
the Assignment or in connection with any contracts or dealing with third parties associated with
the Client.
Governmental officials include any officer or employee or person acting in an official capacity
on behalf of a government or any department, agency, or instrumentality of a government.
Political parties, their officials and political candidates are also included in the definition of
“Government officials”. If during the course of your representation of us, any issues of
questions of concern should arise in this regard, please contact Mr. Bhaskar Bhattacharjee (Sr.
Vice President – O&M) Email: bhaskar.bhattacharjee@apraava.com / Mr. Sandeep Raheja
(Chief Procurement Officer) Email: sandeep.raheja@apraava.com directly.
Equal Opportunity:
We advocate engaging entities for services whose employment practices and ownership reflect
the diversity of the communities in which they do business. We shall only retain advisor or
consultants who do not discriminate based upon race, color, national origin, religion, sex, age,
marital status, medical condition, or disability.

Conflict of Interest:
You must use reasonable endeavors to prevent a conflict arising between your interests and
ours, including ensuring that your directors, officers, and employees do not make, receive
provide or offer gifts, payments loans, substantial entertainment, or other things of value for
the purpose of influencing persons to act contrary to our interest. Should a real or potential
conflict of interest arise, full disclosure must be made to Mr. Bhaskar Bhattacharjee (Sr. Vice
President – O&M) Email: bhaskar.bhattacharjee@apraava.com / Mr. Sandeep Raheja (Chief
Procurement Officer) Email: sandeep.raheja@apraava.com as soon as you become aware of it.
We expect you to obtain our consent before representing anyone whose interests are adverse to
our interest. We would also ask that you discuss with us potential representations of any of our
significant competitors.

Bribery, Gifts and Entertainment

We forbid paying, offering, asking for, proposing terms for, or accepting, bribes directly or
with the assistance of any organization or individual. We are strictly prohibited from discussing
terms with people who ask for or offer bribes.
The Company is committed to conducting all business without undue influence. We decline
entertainment, gifts, or other benefits (e.g., personal favors, or preferential treatment) that
influence, or appear to influence, business decisions in favor of any person or organization with
which the Group may have business dealings.

54
 ANNEXURE – 12

ALCOHOL AND DRUG FREE POLICY:

JPL is committed to providing a safe and healthy work environment for all employees of
Supplier. We recognize that alcohol or drug abuse can impair and affect health and job
performance. It is also hazardous to our workplace safety, employee's well-being, and
productivity. Therefore, we must ensure that our workplace is free of any alcohol and drug or
related problems. No employee of supplier shall be allowed to work under the influence of
alcohol or drug. Use or possession of drug or alcoholic beverages on our workplace is strictly
forbidden.

Objectives:

a. To provide a safe and healthy workplace.

b. To ensure our workplace is free of any alcohol and drug or related problems. This also
applies to any form of abuses of legitimate, illicit, or un-prescribed controlled drugs and
other substances.
c. To prevent, detect, correct, and eliminate any problematic alcohol or drug related
behavior.
d. To closely monitor employees of the supplier in positions those are critical to our
workplace safety and business operations. This would include all the Top Executive
Positions Specified Executives and those pre-identified Designated Positions.

Guideline:

a. Vendor shall establish a policy to ensure that the Site is kept free of drug and alcohol use
which shall meet the requirements therefore specified in JPL's Requirements. Vendor shall
ensure that no employee, sub-supplier, or agent shall:-
➢ Perform any service in connection with the Works while under influence of
Alcohol/Drug at Worksite is prohibited under law. Vendor and its sub-contract staff
shall comply strictly these provisions.
➢ Use, possess, distribute, or sell alcoholic beverages, illicit or un-prescribed controlled
drugs, drug paraphernalia, or misuse legitimate prescription drugs while on the Site
or executing the Works.
b. Vendor shall carry out random alcohol and drug testing and bi-annual medical
examinations of his employee defined as Authorized Representative as per (E.I.C/ O.I.C)
of the Contract. JPL may perform unannounced audits of such tests and examinations. In
addition, any employee of Vendor or any sub-supplier performing a role comparable to
that of an Authorized Representative shall:
➢ before commencing work, pass alcohol and drug testing and undergo a medical
examination as specified in JPL's Requirements.
➢ be subject to regular drug and alcohol testing programs put in place by Vendor in
accordance with the requirements therefore in JPL's Requirements; and
➢ be subject to specific testing and examination after any safety incident in connection
with the Works or on the Site.
c. Any violation shall be considered serious indiscipline issue and JPL reserves the right to
stop any activities found unsafe. On intimation from JPL, it shall be obligatory to de-
mobilize the person from the site with the immediate effect.

55
Important Note: You/Your agents/your sub-suppliers/ your employees are expected to
conduct activities in compliance with Conflicts of interest (as specified in Vendor Code of
Conduct), Alcohol and Drug Free, and Business Ethics Policies specifically.
d. In case, the supplier does not conduct the above tests, the same shall be conducted by JPL
and the actual amount shall be deducted from the monthly invoice.

56
 ANNEXURE 13

UNDERTAKING FOR NON-DISCLOSURE OF INFORMATION

This UNDERTAKING FOR NON-DISCLOSURE OF INFORMATION (“Undertaking”) is

executed on this ____ day of ____________, by and between:

Jhajjar Power Limited, a company incorporated under the Companies Act, 1956 bearing
corporate identity number U40104DL2008SGC374107 and having its registered office at Unit
No. T-15 B, Salcon Ras Vilas, 3rd Floor, Plot No. D-1, Saket District Centre, Saket New Delhi
New Delhi DL 110017 (hereinafter referred to as “JPL”, which expression shall, unless
repugnant to the context and meaning thereof, mean and include its affiliates, subsidiaries,
successors in business and permitted assigns); and

[_______________], a company incorporated under the laws of [_______________] bearing

corporate identity number [•] and having its registered office at [_______________]
(hereinafter referred to as “Supplier”, which expression shall, unless repugnant to the context
and meaning thereof, mean and include its affiliates, subsidiaries, successors in business and
permitted assigns).

JPL and Supplier shall be individually referred to as the “Party” and collectively as the
“Parties”.

WHEREAS

1. JPL is engaged in the business of generation of electricity.

2. The Supplier is inter alia engaged in the business of providing [●].

3. The Supplier has submitted its bid in relation of supply and delivery of 180,000 Metric
Tonne (MT) agro-residue based non-torrefied bio-mass Pellets (paddy straw content should be
minimum 50%) for co-firing with coal on ‘FOR Destination’ basis at Mahatma Gandhi
Thermal Power Plant (MGTPP), Khanpur, Matenhail Jhajjar, Haryana and the Supplier has
been selected as the successful bidder (hereinafter referred to as “Transaction”).

4. During the discussions and negotiations with respect to the Transaction and/or in the
event of the Parties executing a mutually binding contract under which the Supplier may
provide the services to JPL with respect to the Transaction, it is anticipated that JPL shall
disclose Confidential Information (as defined below) to the Supplier; and

5. JPL has agreed to disclose Confidential Information to the Supplier and in consideration
of such disclosure, the Supplier agrees to keep such information confidential and use it only for
the Transaction, and in strict accordance with the terms and conditions of this Undertaking.

In consideration of the disclosure of such Confidential Information to Supplier by JPL, Supplier

agrees to keep the Confidential Information confidential in accordance with the terms and
conditions set forth in this Undertaking.

NOW THIS UNDERTAKING WITNESSETH AS FOLLOWS:

1. Confidentiality

57
1.1 As a condition to and in consideration of the provision of any information in the course of
the discussions pertaining to the Transaction, Supplier agrees to treat confidentially such
information and any other information that JPL or any of its affiliates, their respective directors,
officers, employees, representatives, advisers or agents (a “Disclosing Party”) supply to
Supplier or its affiliates or their respective directors, officers, employees, representatives,
advisers, or agents (collectively, a “Recipient”), whether supplied before, on or after the date
of this Undertaking, and whether disclosed in writing, orally or electronically or obtained by
the Recipient through observation of JPL’s business, and all notes, analyses, compilations,
studies, memoranda and other documents, whether prepared directly by the Recipient or by
others for its account, which contain such information (collectively, the “Confidential
Information”).

1.2 The confidentiality obligations contained herein do not apply to Confidential Information
which:

(a) becomes generally available to the public other than as a result of a disclosure by the
Recipient.

(b) was rightfully available to the Recipient on a non-confidential basis prior to its
disclosure to the Recipient by the Disclosing Party; or

(c) becomes rightfully available to the Recipient on a non-confidential basis from a source
other than the Disclosing Party, provided that this source is not known by the Recipient
to be bound by a confidentiality Undertaking or otherwise prohibited from transmitting
the information to the Recipient by a contractual, legal, or fiduciary obligation.

2. Other Restrictions

2.1. Without the prior written consent of Disclosing Party and subject to Clauses 3.1 and 3.2
below, the Recipient shall not, and shall procure that its directors, officers, employees,
representatives, advisers, and agents who have knowledge of any circumstances concerning the
Transaction shall not, disclose to any person any of the terms, conditions or other facts with
respect to the Transaction, including its existence or status, unless the same becomes public
knowledge through disclosure by the Disclosing Party or which the Recipient obtains in
accordance with terms of paragraph 1.(2) above. The term “person” as used in this Undertaking
shall be broadly interpreted to include without limitation any corporation, company, partnership
or individual.

2.2. The Recipient shall not use any of the Confidential Information for any reason or purpose
other than to evaluate the Transaction with the Disclosing Party. Subject to Clauses 3.1 and
3.2 below, the Recipient shall not disclose any Confidential Information in any manner
whatsoever.

3. Permitted Disclosure

3.1 The Recipient may disclose the Confidential Information, and/or the terms, conditions and
other facts with respect to the Transaction, to its affiliates, directors, officers, employees,

58
representatives, advisers or, agents on a “need to know” basis in order to evaluate the
Transaction or otherwise assist the Recipient in connection with the Transaction provided that
the Recipient shall procure that each person to whom disclosure of Confidential Information is
made as permitted under this paragraph is made aware (in advance of disclosure) of the terms
of this Undertaking.

3.2 Notwithstanding anything in this Undertaking, the Recipient shall be entitled to disclose
Confidential Information if and to the extent that the Recipient is required to do so by law,
regulation, or directive or at the request of any court or regulatory agency or authority.
However, the Recipient shall promptly notify the Disclosing Party if any such disclosure is
required (prior to making such disclosure if practicable) and shall co-operate with the
Disclosing Party regarding the content and timing of such disclosure to the extent permissible
under the prevailing circumstances.

4. Return of Confidential Information

4.1 The Recipient must, upon the request of the Disclosing Party:
• return the Confidential Information immediately.
• return or, if requested by the Disclosing Party or if not capable of being returned,
destroy, or erase all documents and materials containing (in whatever form) any
Confidential Information of the Disclosing Party immediately and provide the
Disclosing Party with a certificate in writing that none of the Confidential Information
of the Disclosing Party has been retained in any form; and
• destroy or erase all memoranda, notes and other permanent records (in whatever form)
that are based in whole or in part on the Disclosing Party’s Confidential Information
and that have been prepared by it or on its behalf and provide to the other Party a
certificate in writing that destruction has taken place,

provided that the Recipient may retain documents it is required by law (including by court
order, legislation or under a regulation or policy of any government agency or the rules of
any stock exchange on which the securities of that Party (or a related body corporate of that
Party are quoted) to retain or must retain to comply with reasonable and prudent corporate
governance policies applying to that Party or its related bodies corporate (for example, to
the extent that the Confidential Information has been incorporated into board papers) or
documents embedded in computer backup archives which are not practicably able to be
returned, destroyed or erased. Any document retained by a Recipient pursuant to this clause
must be maintained in the strictest confidence in accordance with the terms of this
Undertaking.

5. Indemnity

5.1 The Recipient indemnifies the Disclosing Party and its affiliates (each an “Indemnified
Party”) against all losses, liabilities, costs, expenses suffered by any one or more of the
Indemnified Parties arising directly or indirectly as a result of or in connection with any breach
or non-performance of the obligations of the Recipient (or its affiliates, directors, officers,
employees, representatives, advisers, or agents) whether express or implied under this
Undertaking.

5.2 The indemnities in this Undertaking are:

(a) continuing, separate and independent obligations of the Recipient from their other

59
obligations and survive the termination of this Undertaking; and
(b) absolute and unconditional and unaffected by anything (including any other provision of
this Undertaking) that might have the effect of limiting, prejudicing, releasing, discharging, or
affecting in any other way the liability of the Recipient to indemnify the Indemnified Party.

6. Acknowledgement

The Recipient acknowledges and agrees that:

• it shall not derive any right, title or interest of any nature in or to any of the Disclosing
Party’s Confidential Information (other than the right to use that information for the
Transaction).
• nothing in this Undertaking obliges the Disclosing Party to disclose any particular
Confidential Information and the disclosing Party has an absolute discretion as to what
(if any) of its Confidential Information is disclosed.
• the Disclosing Party makes or gives no representation, guarantee or warranty, express
or implied, that the Confidential Information of the other Party is or shall be complete,
reliable, or accurate, or that it has been or shall be independently verified or updated at
any time; and
• Neither the Confidential Information nor anything else contained herein shall constitute
an offer by or on behalf of JPL and JPL shall be under no obligation to accept any offer
or proposal which may be made by the Supplier or on the Supplier’s behalf. Neither the
Confidential Information nor anything else contained herein shall form the basis of any
contract which shall be constituted solely by any final Undertaking(s) to be negotiated
and entered into between JPL and the Supplier.

7. Term

7.1 The Recipient’s obligations and undertakings under this Undertaking shall continue for
the period of 2 (two) years from the date of execution of this Undertaking.
7.2 The Recipient obligations and undertakings are for the benefit of and enforceable by
each of the Disclosing Parties and their successors and assigns and are binding upon the
receiving Party and its successors and assigns.

8. Equitable Relief

The Recipient acknowledges that:

• a breach of this document would be harmful to the other Party and/or its related bodies
corporate, assigns or successors; and
• monetary damages may not be a sufficient remedy for any breach of this document and
that the other Party shall be entitled to equitable relief, including injunction and specific
performance, as a remedy for such breach.

9. Miscellaneous

9.1 A waiver (whether express or implied) by either Party to this Undertaking of any of the
provisions of this Undertaking or of any breach of or default by the other Party in performing
any of those provisions shall not constitute a continuing waiver and that waiver shall not prevent
the waiving Party from subsequently enforcing any of the provisions of this Undertaking not
waived or from acting on any subsequent breach of or default by the other Party under any of
the provisions of this Undertaking.

60
9.2 No announcement, press release, circular or public comment in connection with the
existence or the subject matter of this Undertaking or the status of the Transaction shall be made
or issued by or on behalf of the Recipient without the prior written approval of Disclosing Party.

9.3 A notice, consent or other communication under this document is only effective if it is in
writing, signed and either left at the addressee's address or sent to the addressee by mail or fax.
If it is sent by mail, it is taken to have been received 3 working days after it is posted. If it is
sent by fax, it is taken to have been received when the addressee actually receives it in full and
in legible form.

A person's address and fax number are those set out below, or as the person notifies the sender:

Jhajjar Power Limited

Village Khanpur, Tehsil: Matenhail,
District Jhajjar, Haryana-124142, India

1. [Party]

2. Address: [ ]

3. Fax number: [ ]

4. Attention: [ ]

9.4 This Undertaking shall be governed by and construed in accordance with the laws of India.
Each of the parties hereto irrevocably submits to the exclusive jurisdiction of the courts of India
at New Delhi with respect to any dispute or controversy arising under or in connection with
this Undertaking.

9.5 This document may be executed in [●] counterparts.

IN WITNESS WHEREOF, the Parties have caused this Undertaking to be executed and do
hereby warrant and represent that their respective signatory whose signature appears below has
been and is on the date of the Undertaking duly authorized by all necessary and appropriate
corporate action to execute this Undertaking.

Signed for and on behalf of

JHAJJAR POWER LIMITED
Signature:
Name:
Designation:

Signed for and on behalf of

[……………. (Supplier)]
Signature:
Name:
Designation:

61
 UNDERSTANDING ON ANNEXURES

S. DESCRIPTION YES / NO
NO. (TO BE FILLED
BY FIRM)
1. STATEMENTS OF BIDDERS

2. GENERAL CHECKLIST FOR BIDDERS

3. FORMAT OF PRICE BID

(ON LETTERHEAD OF THE BIDDER)
4. DECLARATION BY BIDDER

5. TAG FOR CONSIGNMENT

6. CERTIFICATE REGARDING NO DEVIATIONS

7. FORMAT OF AFFIDAVIT THAT BIDDER HAS NOT BEEN BANNED OR BLACKLISTED

8. POWER OF ATTORNEY IN CASE OF JV/CONSORTIUM

9. ANNEXURE FOR DECLARATION OF SUBSIDIARIES/ RELATED PARTIES

10. UNDERTAKING FOR NON-ENGAGEMENT OF AGENT TO DEAL WITH JPL

(To be submitted by the Bidder on their letterhead)

11. VENDOR CODE OF ETHICS

12. ALCOHOL AND DRUG FREE POLICY

13. UNDERTAKING FOR NON-DISCLOSURE OF INFORMATION

NOTE: The above is only an illustrative checklist and JPL may ask for any other document, as
and when required.

Signature & Name of Bidder with Seal

62